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S.4548

Environmental Protection

Nogales Wastewater Improvement Act of 2022 This bill establishes requirements to address wastewater from the International Outfall Interceptor, which is a pipeline that carries wastewater from the United States-Mexico border to the Nogales International Wastewater Treatment Plant. The plant, which is located in Rio Rico, Arizona, treats sewage and wastewater originating from Nogales, Mexico, and Nogales, Arizona. The bill transfers the ownership, operations, and maintenance of the pipeline from the city of Nogales, Arizona, to the U.S. Section of the International Boundary and Water Commission. The commission must construct, operate, and maintain a debris screen at the pipeline's Manhole One for intercepting debris and drugs coming into the United States from Nogales, Mexico. The bill also limits the portion of the costs that the city of Nogales, Arizona, must pay for the Nogales sanitation project.

To provide for the assumption of full ownership and control of the International Outfall Interceptor in Nogales, Arizona, by the International Boundary and Water 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 ``Nogales Wastewater Improvement Act of 2022''. SEC. 2. AMENDMENT TO THE ACT OF JULY 27, 1953. The first section of the Act of July 27, 1953 (67 Stat. 195, chapter 242; 22 U.S.C. 277d-10), is amended by striking the period at the end and inserting ``: Provided further, That the equitable portion of the Nogales sanitation project for the city of Nogales, Arizona, shall be limited to the costs directly associated with the treatment and conveyance of the wastewater of the city and, to the extent practicable, shall not include any costs directly associated with the quality or quantity of wastewater originating in Mexico.''. SEC. 3. NOGALES SANITATION PROJECT. (a) Definitions.--In this section: (1) City.--The term ``City'' means the City of Nogales, Arizona. (2) Commission.--The term ``Commission'' means the United States Section of the International Border and Water Commission. (3) International outfall interceptor.--The term ``International Outfall Interceptor'' means the pipeline that conveys wastewater from the United States-Mexico border to the Nogales International Wastewater Treatment Plant. (4) Nogales international wastewater treatment plant.--The term ``Nogales International Wastewater Treatment Plant'' means the wastewater treatment plant that-- (A) is operated by the Commission; (B) is located in Rio Rico, Santa Cruz County, Arizona, after manhole 99; and (C) treats sewage and wastewater originating from-- (i) Nogales, Sonora, Mexico; and (ii) Nogales, Arizona. (b) Ownership and Control.-- (1) In general.--Subject to paragraph (2) and in accordance with authority under the Act of July 27, 1953 (67 Stat. 195, chapter 242; 22 U.S.C. 277d-10 et seq.), on transfer by donation from the City of the current stake of the City in the International Outfall Interceptor to the Commission, the Commission shall enter into such agreements as are necessary to assume full ownership and control over the International Outfall Interceptor. (2) Agreements required.--The Commission shall assume full ownership and control over the International Outfall Interceptor under paragraph (1) after all applicable governing bodies in the State of Arizona, including the City, have-- (A) signed memoranda of understanding granting to the Commission access to existing easements for a right of entry to the International Outfall Interceptor for the life of the International Outfall Interceptor; (B) entered into an agreement with respect to the flows entering the International Outfall Interceptor that are controlled by the City; and (C) agreed to work in good faith to expeditiously enter into such other agreements as are necessary for the Commission to operate and maintain the International Outfall Interceptor. (c) Operations and Maintenance.-- (1) In general.--Beginning on the date on which the Commission assumes full ownership and control of the International Outfall Interceptor under subsection (b)(1), but subject to subsection (e), the Commission shall be responsible for the operations and maintenance of the International Outfall Interceptor. (2) Authorization of appropriations.--There are authorized to be appropriated to the Commission to carry out this subsection, to remain available until expended-- (A) $4,400,000 for fiscal year 2023; and (B) not less than $2,500,000 for fiscal year 2024 and each fiscal year thereafter. (d) Debris Screen.-- (1) Debris screen required.-- (A) In general.--The Commission shall construct, operate, and maintain a debris screen at Manhole One of the International Outfall Interceptor for intercepting debris and drug bundles coming to the United States from Nogales, Sonora, Mexico. (B) Requirement.--In constructing and operating the debris screen under subparagraph (A), the Commission and the Commissioner of U.S. Customs and Border Protection shall coordinate-- (i) the removal of drug bundles and other illicit goods caught in the debris screen; and (ii) other operations at the International Outfall Interceptor that require coordination. (2) Authorization of appropriations.--There are authorized to be appropriated to the Commission, to remain available until expended-- (A) $11,900,000 for fiscal year 2023 for construction of the debris screen described in paragraph (1)(A); and (B) $2,200,000 for fiscal year 2024 and each fiscal year thereafter for the operations and maintenance of the debris screen described in paragraph (1)(A). (e) Limitation of Claims.--Chapter 171 and section 1346(b) of title 28, United States Code (commonly known as the ``Federal Tort Claims Act''), shall not apply to any claim arising from the activities of the Commission in carrying out this section, including any claim arising from damages that result from overflow of the International Outfall Interceptor due to excess inflow to the International Outfall Interceptor originating from Nogales, Sonora, Mexico. <all>

Nogales Wastewater Improvement Act of 2022

A bill to provide for the assumption of full ownership and control of the International Outfall Interceptor in Nogales, Arizona, by the International Boundary and Water Commission, and for other purposes.

Nogales Wastewater Improvement Act of 2022

Sen. Sinema, Kyrsten

D

AZ

S.2885

Agriculture and Food

Macadamia Tree Health Initiative Amendments Act This bill expands the research and extension grant program for the macadamia tree health initiative. Under current law, the Department of Agriculture (USDA) may provide competitive grants under the initiative to support research and extension activities to combat the insect known as the macadamia felted coccid (Eriococcus ironsidei). Specifically, the bill authorizes USDA to provide competitive grants for

To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to modify the macadamia tree health 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 ``Macadamia Tree Health Initiative Amendments Act''. SEC. 2. MACADAMIA TREE HEALTH INITIATIVE. Section 1672(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(d)) is amended by striking paragraph (11) and inserting the following: ``(11) Macadamia tree health initiative.-- ``(A) Definitions.--In this paragraph, the terms `noxious weed' and `plant pest' have the meanings given those terms in section 403 of the Plant Protection Act (7 U.S.C. 7702). ``(B) High-priority research and extension.-- Research and extension grants may be made under this section for the purposes of-- ``(i) developing and disseminating science- based tools and treatments to combat plant pests and noxious weeds that impact macadamia trees; ``(ii) establishing an areawide integrated pest management program in areas affected by, or areas at risk of being affected by, invasive plant pests or noxious weeds; ``(iii) surveying and collecting data on macadamia tree production and health; ``(iv) investigating macadamia tree biology, immunology, ecology, genomics, and bioinformatics; and ``(v) conducting research on various factors that may contribute to or be associated with macadamia tree immune systems, and other serious threats to macadamia trees, including-- ``(I) the sublethal effects of insecticides, herbicides, and fungicides on beneficial insects and plants to macadamia tree growth; and ``(II) the development of mitigative and preventative measures to improve habitat conservation and best management practices in macadamia tree growing regions. ``(C) Authorization of appropriations.--There are authorized to be appropriated to carry out this paragraph such sums as are necessary for each of fiscal years 2022 through 2033.''. <all>

Macadamia Tree Health Initiative Amendments Act

A bill to amend the Food, Agriculture, Conservation, and Trade Act of 1990 to modify the macadamia tree health initiative, and for other purposes.

Macadamia Tree Health Initiative Amendments Act

Sen. Schatz, Brian

D

HI

H.R.8447

Taxation

Protecting Endowments from Our Adversaries Act This bill imposes an excise tax equal to 50% of the fair market values of certain investments made by private colleges and universities with assets or endowments exceeding $1 billion. It also taxes 100% of the net income of such investments held during a one-year period. These investments are in certain foreign persons or entities (e.g., Chinese or Russian companies) that are included on lists maintained by the Department of Commerce and the Federal Communications Commission that identify persons or entities engaged in human rights abuses or that pose a threat to U.S. national security.

To amend the Internal Revenue Code of 1986 to impose an excise tax on certain investments of private colleges and universities. Be it enacted by the Senate 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 Endowments from Our Adversaries Act''. SEC. 2. EXCISE TAX ON CERTAIN INVESTMENTS OF PRIVATE COLLEGES AND UNIVERSITIES. (a) In General.--Subchapter H of chapter 42 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 4969. EXCISE TAX ON CERTAIN INVESTMENTS OF PRIVATE COLLEGES AND UNIVERSITIES. ``(a) Tax on Acquisition of Listed Investments.--In the case of any specified educational institution which acquires (directly or indirectly through any chain of ownership) one or more listed investments during any taxable year, there is hereby imposed for such taxable year a tax equal to 50 percent of the fair market values of such investments determined as of the dates of such acquisitions. ``(b) Tax on Net Income From 1-Year Listed Investments.-- ``(1) In general.--There is hereby imposed on each specified educational institution for the taxable year a tax equal to 100 percent of the excess (if any) of-- ``(A) the sum of-- ``(i) all income received with respect to any 1-year listed investment during such taxable year, plus ``(ii) all gains recognized with respect to the sale or other disposition of any 1-year listed investments during such taxable year, over ``(B) the sum of-- ``(i) all deductions properly allocable to income described in subparagraph (A)(i), plus ``(ii) all losses recognized with respect to the sale or other disposition of any 1-year listed investments during such taxable year. ``(2) 1-year listed investment.--For purposes of this section, the term `1-year listed investment' means, as of any date, any listed investment which was a listed investment at all times during the 1-year period ending on such date. ``(c) Listed Investment.--For purposes of this section-- ``(1) In general.--The term `listed investment' means any specified interest with respect to any person listed on the listed persons list established and maintained by the Secretary under paragraph (2). ``(2) Listed persons list.--The Secretary shall establish (not later than 60 days after the date of the enactment of this section), update, and maintain a list of the persons which are listed on one or more of-- ``(A) the Entity List maintained by the Secretary of Commerce, ``(B) the Military End User (MEU) List maintained by the Secretary of Commerce, ``(C) the Unverified List maintained by the Secretary of Commerce, and ``(D) the list maintained by the Federal Communications Commission of equipment and services covered by section 2 of the Secure and Trusted Communications Networks Act of 2019 (commonly referred to as the FCC Covered List). ``(3) Specified interest.--The term `specified interest' means, with respect to any person-- ``(A) stock or any other equity or profits interest of such person, ``(B) debt issued by such person, and ``(C) any contract or derivative with respect to any interest described in subparagraph (A) or (B). ``(4) Inclusion of certain pooled funds.-- ``(A) In general.--Any specified interest acquired through a regulated investment company, exchange traded fund, or any other pooled investment shall not fail to be treated as acquired through a chain of ownership described in subsection (a). ``(B) Certifications of pooled funds.--The Secretary shall establish procedures under which regulated investment companies, exchange traded funds, and other pooled investments may be certified by the Secretary as not holding any listed investments. ``(d) Specified Educational Institution.--For purposes of this section-- ``(1) In general.--The term `specified educational institution' means, with respect to any taxable year, any eligible educational institution (as defined in section 25A(f)(2))-- ``(A) which is not described in the first sentence of section 511(a)(2)(B) (relating to State colleges and universities), and ``(B) the aggregate fair market value of the assets of which at the end of the preceding taxable year (other than those assets which are used directly in carrying out the institution's exempt purpose) is in excess of $1,000,000,000. ``(2) Treatment of related organizations.--For purposes of subsections (a) and (b), assets held by any related organization (as defined in section 4968(d)(2)) with respect to an educational institution shall be treated as held by such educational institution, except that-- ``(A) such assets shall not be taken into account with respect to more than 1 educational institution, and ``(B) unless such organization is controlled by such institution or is described in section 509(a)(3) with respect to such institution, assets which are not intended or available for the use or benefit of such educational institution shall not be taken into account. ``(e) Valuation of Debt.--For purposes of subsection (a), the fair market value of any debt shall be treated as being the principal amount of such debt. ``(f) Regulations.--The Secretary may issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including regulations or other guidance providing for the proper application of this section with respect to institutionally related foundations and pooled investments.''. (b) Clerical Amendments.-- (1) The table of sections for subchapter H of chapter 42 of such Code is amended by adding at the end the following new item: ``Sec. 4969. Excise tax on certain investments of private colleges and universities.''. (2) The heading of subchapter H of chapter 42 of such Code (and the item relating to such subchapter in the table of subchapters for such chapter) are each amended by striking ``Tax Based on Investment Income'' and inserting ``Taxes Based on Investments''. (c) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years ending after the earlier of-- (A) the end of the first calendar year beginning after the date of the enactment of this Act, or (B) the end of the 1-year period beginning on the date on which the Secretary of the Treasury (or the Secretary's delegate) establishes the listed persons list under section 4969(c)(2) of the Internal Revenue Code of 1986 (as added by this section). (2) Certain prior acquisitions.--Section 4969(a) of the Internal Revenue Code of 1986 (as added by this section) shall not apply to investments acquired before the end of the calendar year referred to in paragraph (1)(A). (3) Certain prior income and gains.--Section 4969(b) of the Internal Revenue Code of 1986 (as added by this section) shall not apply to income received, or gains or losses recognized, before the end of the 1-year period referred to in paragraph (1)(B). <all>

Protecting Endowments from Our Adversaries Act

To amend the Internal Revenue Code of 1986 to impose an excise tax on certain investments of private colleges and universities.

Protecting Endowments from Our Adversaries Act

Rep. Murphy, Gregory

R

NC

H.R.3424

International Affairs

Global Pandemic Prevention and Biosecurity Act This bill establishes a task force and requires the Department of State and the U.S. Agency for International Development (USAID) to take specified measures to respond to and prevent zoonotic (animal-to-human) disease outbreaks. Specifically, the bill establishes the Global Zoonotic Disease Task Force to ensure an integrated approach to preventing, detecting, preparing for, and responding to zoonotic spillover and zoonotic disease outbreaks that may pose a threat to global health security. The bill directs the State Department and the USAID to work with international stakeholders on measures that include (1) preventing zoonotic spillover events, (2) preventing degradation and fragmentation of forests and other ecosystems to minimize interactions between wildlife and human populations, and (3) strengthening global capacity for detection of zoonotic diseases with pandemic potential. Further, the USAID must develop and publish a strategy for food security, global health, and biodiversity protection, including information about zoonotic disease surveillance. To help implement and finance the strategy, the USAID must establish a Conservation Corps to provide Americans eligible for service abroad to deliver technical and strategic assistance. The bill also authorizes a program within the USAID to prevent spillover events, epidemics, and pandemics through specified activities.

To establish a global zoonotic disease task force, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Pandemic Prevention and Biosecurity Act''. SEC. 2. STATEMENT OF POLICY. It shall be the policy of the United States Government to-- (1) support improved community health, forest management, sustainable agriculture, and safety of livestock production in developing countries; (2) support the availability of scalable and sustainable alternative animal and plant-sourced protein for local communities, where appropriate, in order to minimize human reliance on the trade in live wildlife and raw or unprocessed wildlife parts and derivatives; (3) support foreign governments to-- (A) transition from the sale of such wildlife for human consumption in markets and restaurants to alternate protein and nutritional sources; (B) prevent commercial trade in live wildlife and raw or unprocessed wildlife parts and derivatives that risks contributing to zoonotic spillover events between animals and humans, not to include commercial trade in-- (i) fish; (ii) invertebrates; (iii) amphibians; (iv) reptiles; or (v) the meat of game species-- (I) traded in markets in countries with effective implementation and enforcement of scientifically based, nationally implemented policies and legislation for processing, transport, trade, marketing; and (II) sold after being slaughtered and processed under sanitary conditions; and (C) establish and effectively manage protected and conserved areas, including in tropical landscapes, and including indigenous and community-conserved areas; (4) encourage development projects that do not contribute to the destruction, fragmentation or degradation of forests or loss of biodiversity; and (5) respect the rights and needs of indigenous people and local communities dependent on such wildlife for nutritional needs and food security. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Agency for International Development. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Appropriations in the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations in the Senate. (3) Commercial wildlife trade.--The term ``commercial wildlife trade'' means trade in wildlife for the purpose of obtaining economic benefit, whether in cash or otherwise, that is directed toward sale, resale, exchange, or any other form of economic use or benefit. (4) Human consumption.--The term ``human consumption'' means specific use for human food or medicine. (5) Live wildlife market.--The term ``live wildlife market'' means a commercial market that sells, processes, or slaughters live or fresh wildlife for human consumption in markets or restaurants, irrespective of whether such wildlife originated in the wild or in a captive situation. (6) One health.--The term ``One Health'' means a collaborative, multisectoral, and trans-disciplinary approach achieving optimal health outcomes that recognizes the interconnection between-- (A) people, wildlife, and plants; and (B) the environment shared by such people, wildlife, and plants. (7) Outbreak.--The term ``outbreak'' means the occurrence of disease cases in excess of normal expectancy. (8) Public health emergency.--The term ``public health emergency'' means 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, with respect to COVID-19. (9) Spillover event.--The term ``spillover event'' means the transmission of a pathogen from one species to another. (10) Task force.--The term ``Task Force'' means the Global Zoonotic Disease Task Force established under section 6(a). (11) USAID.--The term ``USAID'' means the United States Agency for International Development. (12) Zoonotic disease.--The term ``zoonotic disease'' means any disease that is naturally transmissible between animals and humans. SEC. 4. FINDINGS. Congress makes the following findings: (1) The majority of recent emerging infectious diseases have originated in wildlife. (2) There is a rise in the frequency of zoonotic spillover events and outbreaks of such diseases. (3) This rise in such spillover events and outbreaks relates to the increased interaction between humans and wildlife. (4) There is a progressive and increasing rise in interaction between human populations and wildlife related to deforestation, habitat degradation, and expansion of human activity into the habitat of such wildlife. (5) The increase in such interactions due to these factors, particularly in forested regions of tropical countries where there is high mammalian diversity, is a serious risk factor for spillover events. (6) A serious risk factor for spillover events also relates to the collection, production, commercial trade, and sale for human consumption of wildlife that may transmit to zoonotic pathogens to humans that may then replicate and be transmitted within the human population. (7) Such a risk factor is increased if it involves wildlife that-- (A) does not ordinarily interact with humans; or (B) lives under a stressful condition, as such condition exacerbates the shedding of zoonotic pathogens. (8) Markets for such wildlife to be sold for human consumption are found in many countries. (9) In some communities, such wildlife may be the only accessible source of high quality nutrition. (10) The public health emergency has resulted in-- (A) trillions of dollars in economic damage to the United States; and (B) the deaths of hundreds of thousands of American citizens. SEC. 5. UNITED STATES POLICY TOWARD ASSISTING COUNTRIES IN PREVENTING ZOONOTIC SPILLOVER EVENTS. The Secretary of State and Administrator of the United States Agency for International Development, in consultation with the Director of the United States Fish and Wildlife Service, the Secretary of Agriculture, and the leadership of other relevant agencies, shall coordinate, engage, and work with governments, multilateral entities, intergovernmental organizations, international partners, and non- governmental organizations to-- (1) prevent commercial trade in live wildlife and raw or unprocessed wildlife parts and derivatives for human consumption that risks contributing to zoonotic spillover, placing a priority focus on tropical countries or countries with significant markets for live wildlife for human consumption, which includes such wildlife trade activities as-- (A) high volume commercial trade and associated markets; (B) trade in and across well connected urban centers; (C) trade for luxury consumption or where there is no dietary necessity by-- (i) working through existing treaties, conventions, and agreements to develop a new protocol, or to amend existing protocols or agreements; and (ii) expanding combating wildlife trafficking programs to support enforcement of the closure of such markets and new illegal markets in response to closures, and the prevention of such trade, including-- (I) providing assistance to improve law enforcement; (II) detecting and deterring the illegal import, transit, sale and export of wildlife; (III) strengthening such programs to assist countries through legal reform; (IV) improving information sharing and enhancing capabilities of participating foreign governments; (V) supporting efforts to change behavior and reduce demand for such wildlife products; and (VI) leveraging United States private sector technologies and expertise to scale and enhance enforcement responses to detect and prevent such trade; (D) leveraging strong United States bilateral relationships to support new and existing inter- ministerial collaborations or task forces that can serve as regional One Health models; or (E) building local agricultural capacity by leveraging expertise from the Department of Agriculture, U.S. Fish and Wildlife, and institutions of higher education with agricultural expertise; (2) prevent the degradation and fragmentation of forests and other intact ecosystems, particularly in tropical countries, to minimize interactions between wildlife and human and livestock populations that could contribute to spillover events and zoonotic disease transmission, including by providing assistance or supporting policies to-- (A) conserve, protect, and restore the integrity of such ecosystems; (B) support the rights of indigenous peoples and local communities and their abilities to continue their effective stewardships of their traditional lands and territories; (C) support the establishment and effective management of protected areas, prioritizing highly intact areas; and (D) prevent activities that result in the destruction, degradation, fragmentation, or conversion of intact forests and other intact ecosystems and biodiversity strongholds, including by governments, private sector entities, and multilateral development financial institutions; (3) offer alternative livelihood and worker training programs and enterprise development to wildlife traders, wildlife breeders, and local communities whose members are engaged in the commercial wildlife trade for human consumption; (4) work with indigenous peoples and local communities to-- (A) ensure that their rights are respected and their authority to exercise such rights is protected; (B) provide education and awareness on animal handling, sanitation, and disease transmission, as well as sustainable wildlife management and support to develop village-level alternative sources of protein and nutrition; (C) reduce the risk of zoonotic spillover while ensuring food security and access to healthy diets; and (D) improve farming practices to reduce the risk of zoonotic spillover to livestock; (5) strengthen global capacity for detection of zoonotic diseases with pandemic potential; and (6) support the development of One Health systems at the community level. SEC. 6. GLOBAL ZOONOTIC DISEASE TASK FORCE. (a) Establishment.--There is established a task force to be known as the ``Global Zoonotic Disease Task Force''. (b) Duties of Task Force.--The duties of the Task Force shall be to-- (1) ensure an integrated approach across the Federal Government and globally to the prevention of, early detection of, preparedness for, and response to zoonotic spillover and the outbreak and transmission of zoonotic diseases that may pose a threat to global health security; (2) not later than one year after the date of the enactment of this Act, develop and publish, on a publicly accessible website, a plan for global biosecurity and zoonotic disease prevention and response that leverages expertise in public health, wildlife health, livestock veterinary health, sustainable forest management, community-based conservation, rural food security, and indigenous rights to coordinate zoonotic disease surveillance internationally, including support for One Health institutions around the world that can prevent and provide early detection of zoonotic outbreaks; and (3) expanding the scope of the implementation of the White House's Global Health Security Strategy to more robustly support the prevention of zoonotic spillover and respond to zoonotic disease investigations and outbreaks by establishing a 10-year strategy with specific Federal Government international goals, priorities, and timelines for action, including to-- (A) recommend policy actions and mechanisms in developing countries to reduce the risk of zoonotic spillover and zoonotic disease emergence and transmission, including in support of the activities described in section 5; (B) identify new mandates, authorities, and incentives needed to strengthen the global zoonotic disease plan under paragraph (2); and (C) prioritize engagement in programs that target tropical countries and regions experiencing high rates of deforestation, forest degradation, and land conversion, and countries with significant markets for live wildlife for human consumption. (c) Membership.-- (1) In general.--The members of the Task Force established pursuant to subsection (a) shall be composed of representatives from each of the following agencies: (A) One permanent Chairperson at the level of Deputy Assistant Secretary or above from the following agencies, to rotate every two years in an order to be determined by the Administrator: (i) The Animal and Plant Health Inspection Service of the Department of Agriculture. (ii) The Department of Health and Human Services or the Centers for Disease Control and Prevention. (iii) The Department of the Interior or the United States Fish and Wildlife Service. (iv) The Department of State or USAID. (v) The National Security Council. (B) At least 13 additional members, with at least one from each of the following agencies: (i) The Centers for Disease Control and Prevention. (ii) The Department of Agriculture. (iii) The Department of Defense. (iv) The Department of State. (v) The Environmental Protection Agency. (vi) The National Science Foundation. (vii) The National Institutes of Health. (viii) The National Institute of Standards and Technology. (ix) The Office of Science and Technology Policy. (x) The United States Agency for International Development. (xi) The United States Fish and Wildlife Service. (xii) U.S. Customs and Border Protection. (xiii) U.S. Immigration and Customs Enforcement. (2) Timing of appointments.--Appointments to the Task Force shall be made not later than 30 days after the date of the enactment of this Act. (3) Terms.-- (A) In general.--Each member of the Task Force shall be appointed for a term of two years. (B) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that term until a successor has been appointed. (d) Meeting.-- (1) Initial meeting.--The Task Force shall hold its initial meeting not later than 45 days after the final appointment of all members under subsection (b)(2). (2) Meetings.-- (A) In general.--The Task Force shall meet at the call of the Chairperson. (B) Quorum.--Eight members of the Task Force shall constitute a quorum, but a lesser number may hold hearings. (e) Compensation.-- (1) Prohibition of compensation.--Except as provided in paragraph (2), members of the Task Force may not receive additional pay, allowances, benefits by reason of their service on the Task Force. (2) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (f) Reports.-- (1) Report to task force.--Not later than 6 months after the enactment of this act and annually thereafter, the Federal agencies listed in subsection (b), shall submit a report to the Task Force containing a detailed statement with respect to the results of any programming within their agencies that addresses the goals of zoonotic spillover and disease prevention. (2) Report to congress.--Not later than 12 months after the date of the enactment of this Act and annually thereafter, the Task Force shall submit to the appropriate congressional committees and the National Security Advisor a report containing a detailed statement of the recommendations of the Council pursuant to subsection (b). (g) FACA.--Section 14(a)(2)(B) of the Federal Advisory Committee Act shall not apply to the Task Force. The Task Force is authorized for seven years beginning on the date of the enactment of this Act, and up to an additional two years at the discretion of the Task Force Chairperson. SEC. 7. PREVENTING OUTBREAKS OF ZOONOTIC DISEASES. (a) Integrated Zoonotic Diseases Program.--There is authorized an integrated zoonotic diseases program within the United States Agency for International Development's global health security programs, led by the Administrator, in consultation with the Director for the Centers for Disease Control and Prevention and other relevant Federal agencies, to prevent spillover events, epidemics, and pandemics through the following activities: (1) Partnering with a consortium that possesses the following technical capabilities: (A) Institution with expertise in global wildlife health and zoonotic pathogen, animal care and management, combating wildlife trafficking, including community-based conservation, wildlife trade and trafficking, wildlife habitat protection, protected area management, and preventing deforestation and forest degradation. (B) Institutions of higher education with veterinary and public health expertise. (C) Institutions with public health expertise. (2) Implementing programs that aim to prevent zoonotic spillover and expand on the results of the USAID Emerging Pandemic Threat Outcomes program, including PREDICT and PREDICT-2, to prioritize the following activities: (A) Utilizing coordinated information and data sharing platforms, including information related to biosecurity threats, in ongoing and future research. (B) Conducting One Health zoonotic research at human-wildlife interfaces. (C) Conducting One Health research into known and novel zoonotic pathogen detection. (D) Conducting surveillance, including biosecurity surveillance, of priority and unknown zoonotic diseases and the transmission of such diseases. (E) Preventing spillover events of zoonotic diseases. (F) Investing in frontline diagnostic capability at points of contact. (G) Understanding global and national-level legal and illegal wildlife trade routes and value chains, and their impacts on biodiversity loss on human-wildlife interfaces. (H) Understanding the impacts of land-use change and conversion and biodiversity loss on human-wildlife interfaces and zoonotic spillover risk. (I) Supporting development of One Health capacity and systems at the community level including integrating activities to improve community health, promote sustainable management and conservation of forests, and ensure safety in livestock production and handling. (J) Utilizing existing One Health trained workforce in developing countries to identify high risk or reoccurring spillover event locations and concentrate capacity and functionality at such locations. (K) Continuing to train a One Health workforce in developing countries to prevent and respond to disease outbreaks in animals and humans, including training protected area managers in disease collection technology linked to existing data sharing platforms. (b) Termination.--The integrated zoonotic diseases program authorized under this section shall terminate on the date that is ten years after the date of the enactment of this Act. SEC. 8. USAID MULTISECTORAL STRATEGY FOR FOOD SECURITY, GLOBAL HEALTH, BIODIVERSITY CONSERVATION, AND REDUCING DEMAND FOR WILDLIFE FOR HUMAN CONSUMPTION. (a) In General.--The Administrator shall develop, and publish on a publicly accessible website, a multisectoral strategy for food security, global health, and biodiversity protection and shall include information about zoonotic disease surveillance in the reports required by section 406(b) of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020. (b) Multisectoral Strategy.--The Administrator of the United States Agency for International Development (USAID), through sectoral and regional bureaus, shall develop a multisectoral strategy to integrate and mitigate risks of zoonotic disease emergence and spread, food insecurity, biodiversity conservation, and wildlife and habitat destruction. The strategy shall include participation of the following: (1) The Bureau for Africa. (2) The Bureau for Asia. (3) The Bureau for Economic Growth, Education, and Environment. (4) The Bureau for Global Health. (5) The Bureau for Latin America and the Caribbean. (6) The Bureau for Resiliency, and Food Security. (7) The Democracy, Conflict, and Humanitarian Assistance Bureau. (c) Contents.--The USAID multisectoral strategy developed pursuant to subsection (a) shall include-- (1) a statement of the United States intention to facilitate international cooperation to prevent commercial trade in live wildlife and raw or unprocessed wildlife parts and derivatives for human consumption, that risk contributing to zoonotic spillover and to prevent the degradation and fragmentation of forests and other intact ecosystems in tropical countries while ensuring full consideration to the needs and rights of Indigenous Peoples and local communities that depend on wildlife for their food security; (2) programs supporting integrated One Health activities to improve community health, promote the sustainable management, conservation, and restoration of forests, and ensure safety in livestock production and handling; (3) programs and objectives to change wildlife consumers' behavior, attitudes and consumption of wildlife that risks contributing to zoonotic spillover; (4) programs to increase supplies of sustainably and locally produced alternative animal and plant-based sources of protein and nutrition; (5) programs to protect, maintain and restore ecosystem integrity; (6) programs to ensure that countries are sufficiently prepared to detect, report, and respond to zoonotic disease spillover events; (7) programs to prevent, prepare for, detect, report, and respond to zoonotic disease spillover events; and (8) the identification of Landscape Leaders residing in- country who will coordinate strategic implementation, the overseeing of Conservation Corps volunteers, and coordination with donors and award recipients throughout the term of the project. SEC. 9. IMPLEMENTATION OF MULTISECTORAL STRATEGY. (a) Implementation.--The USAID multisectoral strategy under section 8 shall be implemented-- (1) through USAID bilateral programs through missions and embassies and will account for half of the portfolio; and (2) through demonstration projects that meet the requirements of subsection (b) and account for half of the portfolio. (b) Demonstration Projects.-- (1) Purpose.--The purpose of demonstration projects under subsection (a) shall be to-- (A) pilot the implementation of the USAID multisectoral strategy by leveraging the international commitments of the donor community; (B) prevent pandemics and reduce demand for fresh and live wildlife source foods as a way to stop spillover; (C) establish and increase availability of and access to sustainably and locally produced animal and plant-based sources of protein and nutrition to provide an alternative to the growing wild meat demand in urban, suburban, and exurban communities; and (D) realize the greatest impact in low capacity forested countries with susceptibility to zoonotic spillover and spread that can lead to a pandemic. (2) Demonstration project country plans.-- (A) In general.--USAID shall lead a collaborative effort in coordination with the Department of State, embassies of the United States, and the International Development Finance Corporation to consult with in- country stakeholder and participants in key forested countries to develop a plan that reflects the local needs and identifies measures of nutrition, yield gap analysis, global health safeguards, forest and biodiversity protection, bushmeat demand reduction and consumer behavior change, and market development progress, within 90 days of completion of the multisectoral strategy. (B) Eligible projects.--Eligible demonstration projects shall include small holder backyard production of animal source foods including poultry, fish, guinea pigs, and insects. (C) Stakeholders and participants.--Stakeholder and participants in the development of the multisectoral country plans shall include but are not limited to-- (i) recipient countries; (ii) donors governments; (iii) multilaterals institutions; (iv) conservation organizations; (v) One Health institutions; (vi) agricultural extension services; (vii) domestic and international institutions of higher education; (viii) food security experts; (ix) United States grain and animal protein production experts; (x) social marketing and behavioral change experts; and (xi) financial institutions and micro- enterprise experts. (3) Change in livelihoods.--Multisectoral country plans shall include programs to re-train individuals no longer engaged in supplying wildlife markets in fundamental components of commercial animal source food production, including agriculture extension, veterinary care, sales and marketing, supply chains, transportation, livestock feed production, micro-enterprise, and market analysis. (4) Location of demonstration projects.--Collaboration between United States Government assistance and other donor investments shall occur in five demonstration projects, which shall be in Africa, Asia, and Latin America. (5) Timing.--Five demonstration projects shall be selected and each shall be tested over four years after the date of the enactment of this Act. (c) Reporting.-- (1) Agency report.--The Administrator shall annually submit to the global zoonotic disease task force established pursuant to section 6, the President, and the appropriate congressional committees a report regarding the progress achieved and challenges concerning the development of a multisectoral strategy for food security, global health, biodiversity, and reducing demand for wildlife for human consumption required under this section. Data included in each such report shall be disaggregated by country, and shall include recommendations to resolve, mitigate, or otherwise address such challenges. Each such report shall, to the extent possible, be made publicly available. (2) Report to congress.--The Administrator shall submit a strategy within one year of the enactment of this Act outlining the implementation of the country plans and identifying demonstration sites and criteria for pilot programs. Four years after the enactment, the Administrator shall submit a reassessment of the strategy to Congress, as well as a recommendation as to whether and how to expand these programs globally. SEC. 10. ESTABLISHMENT OF CONSERVATION CORPS. (a) In General.--The Administrator shall establish a Conservation Corps to provide Americans eligible for service abroad, under conditions of hardship if necessary, to deliver technical and strategic assistance to in-country leaders of demonstration projects, stakeholders, and donors implementing and financing the multisectoral strategy under section 8 to reduce demand for wildlife for human consumption through food security, global health, and biodiversity and related demonstration projects. (b) Persons Eligible To Serve as Volunteers.--The Administrator may enroll in the Conservation Corps for service abroad qualified citizens and nationals for short terms of service at the discretion of the Administrator. (c) Responsibilities.--The Conservation Corps volunteers shall be responsible for-- (1) providing training to agricultural producers to encourage participants to share and pass on to other agricultural producers in the home communities of the participants the information and skills obtained from the training under this section; (2) identifying areas for the extension of additional technical resources through farmer-to-farmer exchanges; and (3) conducting assessments of individual projects and bilateral strategies and recommend knowledge management strategies toward building programs to scale and strengthening projects. <all>

Global Pandemic Prevention and Biosecurity Act

To establish a global zoonotic disease task force, and for other purposes.

Global Pandemic Prevention and Biosecurity Act

Rep. Meng, Grace

D

NY

H.R.8252

Health

No Patient Left Alone Act of 2022 This bill requires hospitals, as a condition of Medicare participation, to have certain written policies and procedures that provide for patient visitation rights and to inform patients of such rights, including any applicable restrictions.

To amend title XVIII of the Social Security Act to codify patients' rights to hospital visitation, and for other purposes. Be it enacted by the Senate 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 Patient Left Alone Act of 2022''. SEC. 2. PATIENT VISITATION RIGHTS. Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in subsection (e)-- (A) in paragraph (8), by striking ``and'' at the end; (B) by redesignating paragraph (9) as paragraph (10); (C) by inserting after paragraph (8) the following new paragraph: ``(9) has written policies and procedures regarding the visitation rights of individuals receiving items and services at the institution, which shall include a description of any clinically necessary or reasonable restriction or limitation that such institution may need to place on such rights and the reasons for the clinical restriction or limitation, and a requirement that such institution-- ``(A) inform each such individual of his or her visitation rights, including any clinical restriction or limitation on such rights; ``(B) inform each such individual of the right, subject to the individual's consent, to receive the visitors whom the individual designates, including a spouse, another family member, or a friend, and the individual's right to withdraw or deny such consent at any time; ``(C) may not restrict, limit, or otherwise deny visitation privileges on the basis of race, color, national origin, religion, sex, or disability; and ``(D) ensure that all visitors enjoy full and equal visitation privileges consistent with this paragraph; and''; and (D) in the matter following paragraph (10), as redesignated, by striking ``paragraph (9)'' each place it appears and inserting ``paragraph (10)'' in each such place; and (2) in subsection (f), by striking ``(9)'' and inserting ``(10)''. <all>

No Patient Left Alone Act of 2022

To amend title XVIII of the Social Security Act to codify patients' rights to hospital visitation, and for other purposes.

No Patient Left Alone Act of 2022

Rep. Van Drew, Jefferson

R

NJ

H.R.5870

International Affairs

United States-Taiwan Public Health Protection Act This bill requires the Department of State to establish an Infectious Disease Monitoring Center within the American Institute in Taipei, Taiwan. (The U.S.-Taiwan relationship is unofficial, and the American Institute in Taiwan office in Taipei performs many of the same functions as an embassy.) The center must seek to partner with the Taiwan Centers for Disease Control to monitor infectious diseases in the region, including by regularly monitoring, analyzing, and disseminating open-source material, such as viral strains and other pathogens, from countries in the region.

To establish a joint United States-Taiwan Infectious Disease Monitoring Center to serve as an early warning center in the case of an infectious disease outbreak in the Indo-Pacific region. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Taiwan Public Health Protection Act''. SEC. 2. DEFINITIONS. In this Act: (1) Center.--The term ``Center'' means the Infectious Disease Monitoring Center established pursuant to section 3. (2) Relevant congressional committees.--The term ``relevant congressional committees'' means-- (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Health, Education, Labor, and Pensions of the Senate; (C) the Committee on Foreign Affairs of the House of Representatives; and (D) the Committee on Energy and Commerce of the House of Representatives. (3) Secretary.--The term ``Secretary'' means the Secretary of State. SEC. 3. INFECTIOUS DISEASE MONITORING CENTER. (a) Establishment.--The Secretary, in consultation with the Secretary of Health and Human Services and the heads of other relevant Federal departments and agencies, shall-- (1) establish an Infectious Disease Monitoring Center within the American Institute in Taiwan in Taipei, Taiwan; and (2) not later than 1 year after the date of the enactment of this Act, complete a study of how best to establish the Center that includes-- (A) consultation with the Taiwan Economic and Cultural Representative Office in the United States, the Taiwan Centers for Disease Control, and any other relevant instrumentalities of the Taiwanese Government; and (B) a consideration of the personnel, material, and funding requirements necessary to establish and operate the Center. (b) Partnership.--The Center shall seek to partner with the Taiwan Centers for Disease Control to conduct health monitoring of infectious diseases in the region by-- (1) regularly monitoring, analyzing, and disseminating open-source material from countries in the region, including viral strains, bacterial subtypes, and other pathogens; (2) engaging in people-to-people contacts with medical specialists and public health officials in the region; (3) providing expertise and information on infectious diseases to the Government of the United States and the Taiwanese Government; and (4) carrying out other appropriate activities, as determined by the Director of the Center. (c) Staffing.-- (1) Infectious disease experts.--The Secretary of Health and Human Services shall annually submit a list to the Secretary that identifies not fewer than 3 infectious disease experts, from among the National Institutes of Health, the Centers for Disease Control and Prevention, and the Food and Drug Administration, who are recommended to serve as detailees to the Center. (2) Other public health professionals.--The heads of other relevant Federal departments and agencies may submit recommendations to the Secretary of qualified persons within their respective departments and agencies to serve as detailees to the Center. (3) Selection.--The Secretary, after considering the detailees recommended pursuant to paragraphs (1) and (2)-- (A) shall appoint, for a period to be determined by the Secretary-- (i) not fewer than 3 infectious disease experts detailed from among the National Institutes of Health, the Centers for Disease Control and Prevention, and the Food and Drug Administration to work at the Center, including 1 expert to serve as the Director of the Center; and (ii) not fewer than 1 qualified person from any other relevant Federal department or agency, including the Department of State and the United States Agency for International Development, to work at the Center; (B) may employ qualified foreign service nationals or locally engaged staff who are considered citizens of Taiwan to work at the Center; and (C) may enter into agreements with the Taiwanese Government regarding employees of the Taiwan Centers for Disease Control who may be tasked with supporting or coordinating with the Center. (4) Compensation.--Individuals appointed by the Secretary pursuant to clause (i) or (ii) of paragraph (3)(A)-- (A) shall be placed on leave without pay from their respective Federal departments and agencies for the duration of such appointment; and (B) shall be compensated by the Department of State. SEC. 4. REPORT. Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to the relevant congressional committees that contains the results of the study described in section 3(a)(2), including-- (1) a plan on how to establish and operate the Center, including-- (A) the personnel, material, and funding requirements necessary to establish and operate the Center; and (B) the proposed structure and composition of Center personnel; (2) a description of the efforts that have been undertaken to establish the Center; and (3) a description of any consultations or agreements between the Department of State and the Taiwanese Government regarding the establishment and operation of the Center, including-- (A) the role that employees of the Taiwan Centers for Disease Control would play in supporting or coordinating with the Center; and (B) whether any employees of the Taiwan Centers for Disease Control would be detailed to, or co-located with, the Center. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) Department of State.--There are authorized to be appropriated to the Department of State-- (1) for fiscal year 2022, $300,000, of which-- (A) $250,000 shall be used to conduct the study described in section 3(a)(2); and (B) $50,000 shall be used to determine the selection of detailees to the Center from among the National Institutes of Health, the Centers for Disease Control and Prevention, the Food and Drug Administration, and other relevant Federal departments or agencies; and (2) for fiscal year 2023, and each succeeding fiscal year, $50,000, which shall be used to determine the selection of detailees to the Center from among the National Institutes of Health, the Centers for Disease Control and Prevention, the Food and Drug Administration, and other relevant Federal departments or agencies. (b) American Institute in Taiwan.--There are authorized to be appropriated to the American Institute in Taiwan for fiscal year 2022, and each succeeding fiscal year, $1,300,000, of which-- (1) $1,200,000 shall be used to employ the personnel described in section 3(c)(3); and (2) $100,000 shall be used for management expenses related to operating the Center. <all>

United States-Taiwan Public Health Protection Act

To establish a joint United States-Taiwan Infectious Disease Monitoring Center to serve as an early warning center in the case of an infectious disease outbreak in the Indo-Pacific region.

United States-Taiwan Public Health Protection Act

Rep. Khanna, Ro

D

CA

S.84

Government Operations and Politics

Write the Laws Act This bill prohibits an act of Congress from containing any delegation of legislative powers, whether to any component within the legislative branch, the President or any other member of the executive branch, the judicial branch, any agency or quasi-public agency, any state or state instrumentality, or any other organization or individual. The Government Accountability Office must identify to Congress all statutes enacted before 90 days after this bill's enactment that contain any delegation of legislative power. Any act of Congress, presidential directive, adjudicative decision, rule, or regulation that is enacted 90 days or more after this bill's enactment and is noncompliant with this bill shall have no force or effect.

To end the unconstitutional delegation of legislative power which was exclusively vested in the Senate and House of Representatives by article I, section 1 of the Constitution of the United States, and to direct the Comptroller General of the United States to issue a report to Congress detailing the extent of the problem of unconstitutional delegation to the end that such delegations can be phased out, thereby restoring the constitutional principle of separation of powers set forth in the first sections of the Constitution of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Write the Laws Act''. SEC. 2. CONSTITUTIONAL AUTHORITY STATEMENT. (a) In General.--This Act is enacted pursuant to the powers conferred by the Constitution of the United States upon Congress by-- (1) article I, section 1, which vests in Congress all legislative powers granted under the Constitution; and (2) article I, section 8, clause 18, which vests in Congress the power to make all laws that shall be necessary and proper for executing the legislative power granted to Congress in the Constitution. (b) Other Authority.--This Act is also enacted to bring the enforcement of Federal law into compliance with the guarantee under the Fifth Amendment to the Constitution of the United States that no person be deprived of life, liberty, or property without due process of law. SEC. 3. FINDINGS. Congress finds the following: (1) Article I, section 1 of the Constitution of the United States vests the legislative powers enumerated therein in Congress, consisting of a Senate and a House of Representatives, subject only to the veto power of the President as provided in article I, section 7, clause 2. (2) Article II, section 1 of the Constitution of the United States vests the executive power of the United States in a President. (3) Article III, section 1 of the Constitution of the United States vests the judicial power of the United States in ``one supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish'', subject only to the jurisdictional limitations set forth in article III, section 2. (4) As the Supreme Court of the United States has stated, ``In the main, [the Constitution of the United States] has blocked out with singular precision, and in bold lines, in its three primary Articles, the allotment of power to the executive, the legislative, and judicial departments of the government [and] the powers confided by the Constitution to one of these departments cannot be exercised by another.''. Kilbourn v. Thompson, 103 U.S. 168, 191 (1881). (5) ``It is . . . essential to the successful working of this system, that the persons entrusted with power in any one of these branches shall not be permitted to encroach upon the powers confided to others, but that each shall by the law of its creation be limited to the exercise of the powers . . . of its own department and no other.''. Id. (6) ``The increase in the number of States, in their population and wealth, and in the amount of power . . . [has] present[ed] powerful and growing temptations to those to whom that exercise is intrusted, to overstep the just boundaries of their own department, and enter upon the domain of one of the others, or to assume powers not intrusted to either of them.''. Id. at 191-192. (7) Succumbing to these ``powerful and growing'' temptations, and beginning in the late nineteenth century with the Interstate Commerce Commission and continuing to the present time, Congress has unconstitutionally created numerous administrative agencies with blended powers, namely-- (A) the exercise of legislative power vested by the Constitution of the United States in Congress; (B) the exercise of executive power vested by the Constitution of the United States in the President; and (C) the exercise of judicial power vested by the Constitution of the United States in the Supreme Court and lower Federal courts. (8) By delegating legislative, executive, and judicial power to the various administrative agencies, Congress has departed from the separation of powers structure of the Constitution of the United States, and ignored the warning of the framers of that instrument that ``The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.''. James Madison, The Federalist No. 47. (9) Further, by delegating legislative, executive, and judicial powers to various administrative agencies, Congress has unconstitutionally established a Star Chamber-like system of rules promulgated, executed, and adjudicated by administrative agencies that are functionally a part of the executive branch of the Federal Government in violation of the due process guarantee of the Fifth Amendment to the Constitution of the United States. (10) By the very nature of legislative power, and by the express terms of article I, section 1 of the Constitution of the United States, Congress may not delegate any legislative power to any other branch of the Federal Government or other entity, including any administrative agency. As Chief Justice John Marshall stated: ``It will not be contended that congress can delegate to the courts, or to any other tribunals, powers which are strictly and exclusively legislative.''. Wayman v. Southard, 10 Wheat. (23 U.S.) 1, 42 (1825). (11) As Chief Justice Melville Fuller explained, a ``criminal offense'' created or clarified by an agency in the executive branch is not valid unless the offense ``is fully and completely defined by the act'' of Congress. In re Kollock, 165 U.S. 526, 533 (1897). (12) By vesting legislative power in the Congress, the Constitution requires the Senate and the House of Representatives to enact statutes containing general rules to be executed by the President, as provided in article II, section 1 of the Constitution of the United States, and to be adjudicated in a case or controversy by such inferior courts as Congress may from time to time establish, or in the Supreme Court, as provided in article III, sections 1 and 2. (13) By abdicating its constitutional legislative responsibility to write the laws whereby the people are governed, and having unconstitutionally delegated that power to unelected bureaucrats, Congress has undermined the constitutional protections of-- (A) the checks and balances of a bicameral legislative body; and (B) a Presidential veto. (14) As a direct consequence of Congress having abdicated its responsibility to properly exercise the legislative power vested by the Constitution of the United States, Congress has-- (A) imposed onerous and unreasonable burdens upon the American people; and (B) violated the constitutional principle of the separation of the legislative, executive, and judicial processes and functions. SEC. 4. RESTORING THE SEPARATION OF POWERS. (a) In General.--Title 1 of the United States Code, is amended by inserting after chapter 2 the following: ``CHAPTER 2A--SEPARATION OF POWERS ``Sec. ``151. Nondelegation of legislative power. ``152. Enforcement clause. ``153. Effective date. ``Sec. 151. Nondelegation of legislative power ``(a) Definition.--In this section, the term `delegation of legislative powers'-- ``(1) includes-- ``(A) the creation or clarification of any criminal or civil offense; and ``(B) the creation or clarification of any non- criminal regulation, prohibition, or limitation applicable to the public, or some subset thereof, that is not fully and completely defined in an Act of Congress, except that the executive branch of Government may be delegated authority to make factual findings that will determine the date upon which such an Act is implemented, suspended, or revived; and ``(2) does not include the issuance of any Presidential proclamation, or the issuance of any rule or regulation governing the internal operation of any agency, or conditions made upon grants or contracts issued by any agency. ``(b) Prohibition.--An Act of Congress may not contain any delegation of legislative powers, whether to-- ``(1) any component within the legislative branch of the Federal Government; ``(2) the President or any other member of the executive branch of the Federal Government; ``(3) the judicial branch of the Federal Government; ``(4) any agency; ``(5) any quasi-public agency; ``(6) any State or instrumentality thereof; or ``(7) any other organization or individual. ``(c) Executive Actions.--No new Presidential directive, adjudicative decision, rule, or regulation, or change to an existing Presidential directive, adjudicative decision, rule, or regulation governing, limiting, imposing a penalty on, or otherwise regulating any activity of any individual or entity, other than an officer or employee of the Federal Government, may be promulgated or put into effect, unless the directive, decision, rule, or regulation is authorized by an Act of Congress that complies with subsection (b). ``(d) Report.--Not later than 6 months after the date of enactment of this chapter, the Comptroller General of the United States shall submit to Congress a report identifying all statutes enacted before the date that is 90 days after the date of enactment of this chapter which contain any delegation of legislative powers prohibited under this section. ``Sec. 152. Enforcement clause ``(a) In General.--An Act of Congress, Presidential directive, adjudicative decision, rule, or regulation that does not comply with section 151 shall have no force or effect and no legal, equitable, regulatory, civil, or criminal action may be brought under such an Act of Congress, Presidential directive, adjudicative decision, rule, or regulation. ``(b) Cause of Action.--Any person aggrieved by any action of any officer or employee in the executive branch of the Federal Government under any Act of Congress that does not comply with section 151 may bring a cause of action under sections 2201 and 2202 of title 28 against the United States to seek appropriate relief, including an injunction against enforcement of any Act of Congress, Presidential directive, adjudicative decision, rule, or regulation that does not comply with section 151. ``(c) Standard of Review.--In any action brought under subsection (b), the standard of review shall be de novo. ``Sec. 153. Effective date ``This chapter shall apply to any Act of Congress, Presidential directive, adjudicative decision, rule, or regulation, or change to an existing Presidential directive, adjudicative decision, rule, or regulation, enacted or promulgated on or after the date that is 90 days after the date of enactment of this chapter.''. (b) Technical and Conforming Amendment.--The table of chapters for title 1, United States Code, is amended by inserting after the item relating to chapter 2 the following: ``2A. Separation of powers................................. 151''. SEC. 5. SEVERABILITY CLAUSE. If any provision of this Act or an amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be invalid for any reason in any court of competent jurisdiction, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any other person or circumstance, shall not be affected. <all>

Write the Laws Act

A bill to end the unconstitutional delegation of legislative power which was exclusively vested in the Senate and House of Representatives by article I, section 1 of the Constitution of the United States, and to direct the Comptroller General of the United States to issue a report to Congress detailing the extent of the problem of unconstitutional delegation to the end that such delegations can be phased out, thereby restoring the constitutional principle of separation of powers set forth in the first sections of the Constitution of the United States.

Write the Laws Act

Sen. Paul, Rand

R

KY

H.R.3381

Transportation and Public Works

School Bus Safety Act of 2021 This bill addresses safety features for school buses. Specifically, the bill directs the Department of Transportation (DOT) to implement rules requiring school buses to include DOT must also establish a grant program to assist local educational agencies to purchase school buses equipped with three-point safety belts or any of the other safety features under this bill and assist them in modifying existing school buses to be equipped with such features.

To direct the Secretary of Transportation to issue rules requiring the inclusion of new safety equipment in school buses, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``School Bus Safety Act of 2021''. SEC. 2. DEFINITIONS. In this Act: (1) 3-point safety belt.--The term ``3-point safety belt'' has the meaning given the term ``Type 2 seat belt assembly'' in section 571.209 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act). (2) Automatic emergency braking system.--The term ``automatic emergency braking system'' means a crash avoidance system installed and operational in a vehicle that consists of-- (A) a forward collision warning function-- (i) to detect vehicles and objects ahead of the vehicle; and (ii) to alert the operator of the vehicle of an impending collision; and (B) a crash-imminent braking function to provide automatic braking when forward-looking sensors of the vehicle indicate that-- (i) a crash is imminent; and (ii) the operator of the vehicle is not reacting in a timely or appropriate manner. (3) Event data recorder.--The term ``event data recorder'' has the meaning given the term in section 563.5(b) of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act). (4) School bus.--The term ``school bus'' has the meaning given the term ``schoolbus'' in section 30125(a) of title 49, United States Code. (5) Secretary.--The term ``Secretary'' means the Secretary of Transportation. SEC. 3. SCHOOL BUS SAFETY. (a) Seat Belt Requirement.--Not later than 1 year after the date of enactment of this Act, the Secretary shall issue final rules prescribing or amending motor vehicle safety standards under chapter 301 of title 49, United States Code, to require school buses with a gross vehicle weight rating of greater than 10,000 pounds to be equipped with a 3-point safety belt at each designated seating position. (b) Fire Protection Requirements.-- (1) Fire suppression systems.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall issue rules prescribing or amending motor vehicle safety standards under chapter 301 of title 49, United States Code, to require school buses to be equipped with fire suppression systems that, at a minimum, address engine fires. (B) Application.--The standards prescribed or amendments made under subparagraph (A) shall apply to school buses manufactured in, or imported into, the United States on or after the effective date of the standards or amendments. (2) Firewalls.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall issue rules prescribing or amending motor vehicle safety standards under chapter 301 of title 49, United States Code, for school buses, especially school buses with engines that extend beyond the firewall, to ensure that no hazardous quantity of gas or flame can pass through the firewall from the engine compartment to the passenger compartment. (B) Application.--The standards prescribed or amendments made under subparagraph (A) shall apply to school buses manufactured in, or imported into, the United States on or after the effective date of the standards or amendments. (3) Interior flammability and smoke emissions characteristics.--Not later than 1 year after the date of enactment of this Act, the Secretary shall amend section 571.302 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Number 302), to adopt, with respect to a motor vehicle (as defined in section 30102(a) of title 49, United States Code), performance standards for interior flammability and smoke emissions characteristics that are not less rigorous than the performance standards for interior flammability and smoke emissions characteristics applicable to-- (A) a compartment occupied by the crew or passengers of a transport category airplane (within the meaning of part 25 of title 14, Code of Federal Regulations (as in effect on the date of enactment of this Act)) under section 25.853 of title 14, Code of Federal Regulations (as in effect on the date of enactment of this Act); and (B) a passenger car or locomotive cab (as those terms are defined in section 238.5 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act)) under section 238.103 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act). (c) Other Safety Equipment Requirements.--Not later than 1 year after the date of enactment of this Act, the Secretary shall issue final rules-- (1) prescribing or amending motor vehicle safety standards under chapter 301 of title 49, United States Code, to require school buses to be equipped with-- (A) an automatic emergency braking system; (B) an event data recorder; and (C) an electronic stability control system (as defined in section 571.136 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act)); and (2) amending part 383 of title 49, Code of Federal Regulations, to require not less than 30 hours of behind-the- wheel instruction for operators of school buses, which shall be accrued-- (A) on public roads; and (B) with a trained instructor who possesses a valid commercial driver's license with a school bus endorsement. (d) Obstructive Sleep Apnea.--Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Motor Carrier Safety Administration and the Administrator of the Federal Railroad Administration shall complete the rulemaking process and publish a final rule with respect to the advance notice of proposed rulemaking entitled ``Evaluation of Safety Sensitive Personnel for Moderate-to-Severe Obstructive Sleep Apnea'' (81 Fed. Reg. 12642 (March 10, 2016)). (e) Effective Date.--The standards prescribed or amendments made under subsections (a) and (c) shall apply with respect to school buses manufactured in, or imported into, the United States on or after the date that is 1 year after the date on which the Secretary issues the rules required under the applicable subsection. SEC. 4. STUDIES. (a) Motion-Activated Detection Systems.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Administrator of the National Highway Traffic Safety Administration (referred to in this section as the ``Administrator'') shall complete a study with respect to the benefits of requiring school buses manufactured in, or imported into, the United States to be equipped with a motion-activated detection system that is capable of-- (A) detecting pedestrians, bicyclists, and other road users located near the exterior of the school bus; and (B) alerting the operator of the school bus of the road users described in subparagraph (A). (2) Regulations.--Not later than 1 year after the date on which the Administrator completes the study under paragraph (1), the Administrator shall issue rules requiring school buses manufactured in, or imported into, the United States to effectuate that requirement. (b) Safety Belt Alert.--Not later than 2 years after the date of enactment of this Act, the Administrator shall complete a study on the benefits of requiring school buses manufactured in, or imported into, the United States to be equipped with a system to alert the operator of the school bus if a passenger in the school bus is not wearing a 3- point safety belt equipped on the school bus. SEC. 5. SAFETY GRANT PROGRAM. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall establish a grant program to provide grants to States to make subgrants to local educational agencies-- (1) to assist the local educational agencies in purchasing school buses equipped with-- (A) 3-point safety belts at each designated seating position; or (B) any other school bus safety feature described in section 3 or 4; and (2) to assist the local educational agencies in modifying school buses already owned by the local educational agency to be equipped with-- (A) 3-point safety belts at each designated seating position; or (B) any other school bus safety feature described in section 3 or 4. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. <all>

School Bus Safety Act of 2021

To direct the Secretary of Transportation to issue rules requiring the inclusion of new safety equipment in school buses, and for other purposes.

School Bus Safety Act of 2021

Rep. Cohen, Steve

D

TN

S.1973

Armed Forces and National Security

Filthy Fifty Act This bill requires the Department of Defense (DOD) to complete testing for perfluoroalkyl and polyfluoroalkyl substances (PFAS) at all military installations, formerly used defense sites, and state-owned facilities of the National Guard in the United States. PFAS are man-made and may have adverse human health effects. Not later than 60 days following the detection of PFAS at a military installation, formerly used defense site, or state-owned facility of the National Guard, DOD must take removal actions to ensure that all individuals served by a drinking water source contaminated by PFAS have access to drinking water that meets the applicable standard, regardless of whether DOD is the drinking water purveyor. Additionally, DOD must complete all physical construction required for the remediation of PFAS at such sites not later than 10 years after the enactment of this bill. DOD must report to Congress identifying the status of remediation efforts at 50 specified sites, such as England Air Force Base, Louisiana. DOD must complete all physical construction required for the remediation of PFAS at the 50 specified sites not later than five years after the enactment of this bill.

To require the Secretary of Defense to conduct testing, removal, and remediation of perfluoroalkyl substances and polyfluoroalkyl substances at all military installations, formerly used defense sites, and State- owned facilities of the National Guard in the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Filthy Fifty Act''. SEC. 2. TESTING, REMOVAL, AND REMEDIATION BY DEPARTMENT OF DEFENSE OF PERFLUOROALKYL SUBSTANCES AND POLYFLUOROALKYL SUBSTANCES. (a) Testing.--Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall complete testing for PFAS at all military installations, formerly used defense sites, and State-owned facilities of the National Guard in the United States. (b) Removal.--Not later than 60 days following the detection of PFAS at a military installation, formerly used defense site, or State- owned facility of the National Guard in the United States, the Secretary shall take removal actions to ensure that all individuals served by a drinking water source contaminated by PFAS from the installation, site, or facility have access to drinking water that meets the applicable standard under subsection (d), regardless of whether the Secretary is the drinking water purveyor. (c) Remediation.--Not later than ten years after the date of the enactment of this Act, the Secretary shall complete all physical construction required for the remediation of PFAS at all military installations, formerly used defense sites, and State-owned facilities of the National Guard in the United States. (d) Standards for Removal or Remedial Actions With Respect to PFAS Contamination.--In conducting removal or remedial actions under this section, the Secretary of Defense shall ensure that such actions result in a level that meets or exceeds the most stringent of the following standards for PFAS in any environmental media: (1) An enforceable State standard, in effect in that State, for drinking, surface, or ground water, or soil. (2) An enforceable Federal standard for drinking, surface, or ground water, or soil. (3) A health advisory under section 1412(b)(1)(F) of the Safe Drinking Water Act (42 U.S.C. 300g-1(b)(1)(F)). (e) Definitions.--In this section: (1) Formerly used defense site.--The term ``formerly used defense site'' means any site formerly used by the Department of Defense or National Guard eligible for environmental restoration by the Secretary of Defense funded under the ``Environmental Restoration Account, Formerly Used Defense Sites'' account established under section 2703(a)(5) of title 10, United States Code. (2) Perfluoroalkyl substance.--The term ``perfluoroalkyl substance'' means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (3) PFAS.--The term ``PFAS'' means a perfluoroalkyl substance or a polyfluoroalkyl substance. (4) Polyfluoroalkyl substance.--The term ``polyfluoroalkyl substance'' means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms. (5) Military installation.--The term ``military installation'' has the meaning given that term in section 2801(c)(4) of title 10, United States Code. SEC. 3. STATUS OF REMEDIATION OF PERFLUOROALKYL SUBSTANCES AND POLYFLUOROALKYL SUBSTANCES AT CERTAIN PRIORITY LOCATIONS. (a) Report.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report identifying the status of efforts to remediate perfluoroalkyl substances and polyfluoroalkyl substances at the following sites: (1) England Air Force Base, Louisiana. (2) Naval Air Weapons Station China Lake, California. (3) Patrick Air Force Base, Florida. (4) Myrtle Beach Air Force Base, South Carolina. (5) Langley Air Force Base, Virginia. (6) Naval Air Station Jacksonville, Florida. (7) Niagara Falls Air Reserve Station, New York. (8) Grand Prairie Armed Forces Reserve Complex, Texas. (9) Altus Air Force Base, Oklahoma. (10) Charleston Air Force Base, South Carolina. (11) Barksdale Air Force Base, Louisiana. (12) Plattsburgh Air Force Base, New York. (13) Tyndall Air Force Base, Florida. (14) Sheppard Air Force Base, Texas. (15) Columbus Air Force Base, Mississippi. (16) Chanute Air Force Base, Illinois. (17) Marine Corps Air Station Tustin, California. (18) Travis Air Force Base, California. (19) Ellsworth Air Force Base, South Dakota. (20) Minot Air Force Base, North Dakota. (21) Westover Air Reserve Base, Massachusetts. (22) Eaker Air Force Base, Arkansas. (23) Naval Air Station Alameda, California. (24) Eielson Air Force Base, Alaska. (25) Horsham Air Guard Station, Pennsylvania. (26) Vance Air Force Base, Oklahoma. (27) Dover Air Force Base, Delaware. (28) Edwards Air Force Base, California. (29) Robins Air Force Base, Georgia. (30) Joint Base McGuire-Dix-Lakehurst, New Jersey. (31) Galena Air Force Base, Alaska. (32) Naval Research Laboratory Chesapeake Bay Detachment, Maryland. (33) Buckley Air Force Base, Colorado. (34) Arnold Air Force Base, Tennessee. (35) Tinker Air Force Base, Oklahoma. (36) Fairchild Air Force Base, Washington. (37) Vandenberg Air Force Base, California. (38) Hancock Field Air National Guard Base, New York. (39) F.E. Warren Air Force Base, Wyoming. (40) Nevada Air National Guard Base - Reno, Nevada. (41) K.I. Sawyer Air Force Base, Michigan. (42) Pease Air Force Base, New Hampshire. (43) Whiteman Air Force Base, Missouri. (44) Wurtsmith Air Force Base, Michigan. (45) Shepherd Field Air National Guard Base, West Virginia. (46) Naval Air Station Whidbey Island - Ault Field, Washington. (47) Rosecrans Air National Guard Base, Missouri. (48) Joint Base Andrews, Maryland. (49) Iowa Air National Guard Base - Des Moines, Iowa. (50) Stewart Air National Guard Base, New York. (b) Completion of Construction.--Not later than five years after the date of the enactment of this Act, the Secretary shall complete all physical construction required for the remediation of perfluoroalkyl substances and polyfluoroalkyl substances at the sites specified in subsection (a). (c) Definitions.--In this section: (1) Perfluoroalkyl substance.--The term ``perfluoroalkyl substance'' means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (2) Polyfluoroalkyl substance.--The term ``polyfluoroalkyl substance'' means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms. <all>

Filthy Fifty Act

A bill to require the Secretary of Defense to conduct testing, removal, and remediation of perfluoroalkyl substances and polyfluoroalkyl substances at all military installations, formerly used defense sites, and State-owned facilities of the National Guard in the United States.

Filthy Fifty Act

Sen. Gillibrand, Kirsten E.

D

NY

H.R.559

Labor and Employment

Strengthening Training and Accessibility for New and Diverse Apprenticeships through Relevant and Dependable Standards Act or the STANDARDS Act This bill provides statutory authority and modifies standards for registered apprenticeships, youth apprenticeships, and pre-apprenticeship programs in the Department of Labor. In addition, the bill also provides statutory authority for (1) the Office of Apprenticeship within Labor to formulate and promote the furtherance of certain quality standards necessary to safeguard the welfare of apprentices, and (2) requirements for apprenticeship agreements between a program sponsor and an apprentice.

To promote the furtherance of standards necessary to safeguard the welfare of apprentices. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Training and Accessibility for New and Diverse Apprenticeships through Relevant and Dependable Standards Act'' or the ``STANDARDS Act''. SEC. 2. QUALITY STANDARDS OF APPRENTICESHIP PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM. (a) In General.--Not later than one year after the date of enactment of this Act, the Secretary of Labor (acting through the Administrator of the Office of Apprenticeship) shall formulate and promote the furtherance of quality standards necessary to safeguard the welfare of apprentices. (b) Apprenticeship Program Standards.--An apprenticeship program shall meet the following standards: (1) The program has an organized and clearly written plan, developed by the sponsor, that includes, at a minimum, the following information: (A) The employment and training to be received by each apprentice participating in the program, including-- (i) an outline of the work processes or the plan in which the apprentice will receive supervised work experience and on-the-job learning; (ii) the allocation of the approximate amount of time to be spent in each major work process by the apprentice; (iii) a description of the mentoring that will be provided to the apprentice; and (iv) a description or timeline explaining the periodic reviews and evaluations of the apprentice's performance on the job and in related instruction. (B) A process for maintaining appropriate progress records, including the reviews and evaluations described in subparagraph (A)(iv). (C) A description of the organized, related instruction the apprentice will receive in technical subjects related to the occupation, which-- (i) for time-based or hybrid apprenticeship programs as described in subparagraph (E), shall include not less than 144 hours for each year of apprenticeship, unless an alternative requirement is put forth by the employer and sponsor that reflects industry standards and is accepted by the Administrator; (ii) may be accomplished through classroom instruction, occupational or industry courses, instruction provided through electronic media, or other instruction approved by the registration agency; (iii) shall be provided by one or more qualified instructors that-- (I)(aa) meet technical instructor requirements of the applicable education agency in the State of registration; or (bb) are subject matter experts, defined for purposes of this subparagraph as individuals recognized within an industry as having expertise in a specific occupation; and (II) have training in teaching techniques and learning styles, or will obtain such training before providing the related technical instruction; and (iv) where appropriate and to the extent practicable, shall be aligned to a career pathway. (D) A progressively increasing, clearly defined schedule of wages to be paid to the apprentice that is-- (i) consistent with measurable skill gains; and (ii) ensures the entry wage is not less than the greater of-- (I) the minimum wage required under section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)); or (II) the applicable wage required by other applicable Federal or State laws (including regulations) or collective bargaining agreements. (E) The term of the apprenticeship program, which may be measured through-- (i) a time-based model, which requires the completion of the industry standard for on-the- job learning hours, which in no case shall be less than 2,000 hours, unless an alternative requirement is put forth by the employer and sponsor that reflects industry standards and is accepted by the Secretary and registration agency; (ii) a competency-based model, which requires the attainment of competency in the occupation; or (iii) a hybrid model, which blends the time-based and competency-based approaches. (F) The methods used to measure an apprentice's skills and competencies, may include an initial diagnostic assessment of credentials that verify an individual's foundational knowledge and skills that would be needed to succeed in an apprenticeship program, and which shall include-- (i) in the case of a time-based apprenticeship described in subparagraph (E)(i), the individual apprentice's completion of the required hours of on-the-job learning as described in a work process schedule; (ii) in the case of a competency-based model, the individual apprentice's successful demonstration of acquired skills and knowledge through appropriate means of testing and evaluation for such competencies, and by requiring apprentices to complete a paid on- the-job learning component of the apprenticeship; or (iii) in the case of a hybrid apprenticeship described in subparagraph (E)(iii), a combination of specified minimum number of hours of on-the-job learning and the successful demonstration of competency, as described in a work process schedule. (2) The program equally grants advanced standing or credit to all individuals applying for the apprenticeship with demonstrated competency or acquired experience, training, or skills, and provides commensurate wages for any progression in standing or credit so granted, including for veterans' service acquired skills and experiences. (3) The program has minimum qualifications for individuals desiring to enter the apprenticeship program, with an eligible starting age for an apprentice of not less than 16 years. (4) In the case of a program that chooses to issue an interim credential, the program-- (A) clearly identifies each interim credential; (B) only issues an interim credential for recognized components of an apprenticeable occupation and demonstrates how each interim credential specifically links to the knowledge, skills, and abilities associated with such components; and (C) establishes the process for assessing an individual apprentice's demonstration of competency and measurable skill gains associated with the particular interim credential. (5) The program-- (A) has adequate and safe equipment, environments, and facilities for training and supervision; (B) provides safety training on-the-job and in related instruction as applicable by apprenticeable occupation; and (C) provides adequate training for mentors and qualified instructors on providing a safe work and training environment. (6) The program records and maintains all records concerning the program as may be required by the Secretary, the registration agency of the program, or any other applicable law, including records required under title 38, United States Code, in order for veterans and other individuals eligible for educational assistance under such title to use such assistance for enrollment in the program. (7) The Administrator shall promote diversity and ensure equal opportunity to participate in programs for apprentices, youth apprentices, and pre-apprentices, including-- (A) taking steps necessary to promote diversity in apprenticeable occupations under the national apprenticeship system, especially in high-skill, high- wage, or in-demand industry sectors and occupations in areas with high percentages of low-income individuals; (B) ensuring programs under the national apprenticeship system-- (i) adopt and implement policies to provide for equal opportunity in such programs, as described in section 30.3 of title 29, Code of Federal Regulations (as in effect on January 31, 2020); (ii) do not engage in intimidation or retaliation as prohibited under section 30.17 of title 29, Code of Federal Regulations (as in effect on January 31, 2020); and (iii) are subject, for any violation of clause (i) or (ii), to enforcement action under this Act; and (C) supporting the recruitment, employment, and retention of nontraditional apprenticeship populations in programs under the national apprenticeship system in high-skill, high-wage, and in-demand industry sectors and occupations, including women, people of color, individuals with disabilities, individuals impacted by the criminal and juvenile justice system, and individuals with barriers to employment, as applicable. (8) The program awards a certificate of completion in recognition of successful completion of the program, evidenced by an appropriate certificate issued by the registration agency, and culminates in a recognized postsecondary credential (as defined in section 3 of the Workforce Innovation and Opportunity Act). (9) The program provides that an individual who is to become a program participant under the program enters into a written apprenticeship agreement with the sponsor of the program. (10) The ratio of program participants to supervisors (such as journeyworkers, mentors, or on-the-job learning instructors, as applicable) for the apprenticeable occupation, that are based on evidence-based and evidence-informed best practices for supervision, training, safety, and continuity of employment, throughout the work processes of the program, job site, department, or plant, appropriate for the degree of hazard in different occupations, and provisions in collective bargaining agreements, as applicable, except if such ratios are expressly prohibited by the collective bargaining agreements. (c) Apprenticeship Agreements.-- (1) In general.--To ensure the standards described in subsection (b) are applied to programs under the national apprenticeship system, the Administrator shall require a sponsor to develop an apprenticeship agreement that shall-- (A) be the same for each program participant; (B) contain the names and signatures of the program participant and the sponsor; (C) meet the requirements of paragraph (2); and (D) be submitted to the registration agency in accordance with the registration requirements of the program sponsor. (2) Standards.--Each agreement under paragraph (1) shall contain, explicitly or by reference, program standards under subsection (b), including-- (A) in the case of an apprenticeship program-- (i) that is time-based, a statement of the number of hours to be spent by the program participant in on-the-job learning and on-the- job training in order to complete the program; (ii) that is competency-based, a description of the skill sets to be attained by completion of the program, including the on- the-job learning and work components; or (iii) that is a hybrid model, the minimum number of hours to be spent by the program participant in on-the-job learning and work components and in related instruction, and a description of the skill sets and competencies to be attained by completion of the program; (B) the number of hours and form of related instruction, including how related instruction will be compensated (whether through academic credit, wages, or both), the costs the program participant will incur costs for participating in the program (such as for equipment or related instruction), and the recognized postsecondary credentials the program participants will be eligible to receive upon program completion; (C) a schedule of the work processes in the occupation or industry divisions in which the program participant is to be trained and the approximate time to be spent at each process; (D) for apprenticeships or youth apprenticeships, the graduated wage scale to be paid to the apprentices, benefits offered to the apprentices, and how the wages and benefits compare to State, local, or regional wages in the related occupation; and (E) demonstration of commitment to and compliance with subsection (b)(7). (d) Apprenticeable Occupation.--For an occupation to be an apprenticeable occupation under this Act, a person seeking approval for such occupation to be an apprenticeable occupation shall submit an application to the Secretary of Labor (acting through the Administrator of the Office of Apprenticeship) that demonstrates that such apprenticeable occupation will prepare individuals for the full range of skills and competencies needed for such occupation by describing how such apprenticeable occupation shall-- (1) meet the industry recognized occupational standards required by the Administrator; or (2) involve the progressive attainment of skills competencies and knowledge that are-- (A) clearly identified and commonly recognized throughout an industry or occupation; (B) customarily learned or enhanced in a practical way through a structured, systematic program of on-the- job supervised learning and related instruction to supplement such learning; and (C) offered through a time-based, competency-based, or a hybrid model measured using-- (i) a time-based model, which requires the completion of the industry standard for on-the- job learning hours, which in no case shall be less than 2,000 hours, unless an alternative requirement is put forth by the employer and sponsor that reflects industry standards and is accepted by the Secretary; (ii) a competency-based model, which requires the attainment of competency in the occupation; or (iii) a hybrid model, which blends the time-based and competency-based approaches. (e) Registration Agency Defined.--The term ``registration agency'' means the State Office of Apprenticeship or State apprenticeship agency in a State that is responsible for-- (1) approving or denying applications from sponsors for registration of programs under the national apprenticeship system in the State or area covered by the registration agency; and (2) carrying out the responsibilities of supporting the apprenticeship programs registered by the registration agency, including-- (A) determining whether to approve a proposal submitted by a sponsor and notifying the sponsor of the determination by not later than 60 days after receipt of the proposal; and (B) if the proposal is approved, the amending the record of the program to reflect the modification or change, and providing the sponsor or program administrator with an acknowledgment of the amended program, by not later than 30 days after the date of approval. <all>

Strengthening Training and Accessibility for New and Diverse Apprenticeships through Relevant and Dependable Standards Act

To promote the furtherance of standards necessary to safeguard the welfare of apprentices.

STANDARDS Act Strengthening Training and Accessibility for New and Diverse Apprenticeships through Relevant and Dependable Standards Act

Rep. Levin, Andy

D

MI

H.R.7673

Water Resources Development

This bill specifies that a survey used to develop a compensation plan for employees of the Tennessee Valley Authority (which provides low-cost electricity in seven southeastern states) must collect information from private industry in the United States and Canada. Under current law, the survey must collect information about prevailing compensation for relevant roles in private industry; publicly owned electric utilities; and federal, state, and local governments.

To amend the Tennessee Valley Authority Act of 1933 to require that the compensation plan for Tennessee Valley Authority employees be based on an annual survey of prevailing compensation for similar private industry positions in the United States and Canada, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. COMPENSATION PLAN FOR TENNESSEE VALLEY AUTHORITY EMPLOYEES. Section 2(i)(2) of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831a(i)(2)) is amended by inserting ``in the United States and Canada'' after ``in private industry''. <all>

To amend the Tennessee Valley Authority Act of 1933 to require that the compensation plan for Tennessee Valley Authority employees be based on an annual survey of prevailing compensation for similar private industry positions in the United States and Canada, and for other purposes.

To amend the Tennessee Valley Authority Act of 1933 to require that the compensation plan for Tennessee Valley Authority employees be based on an annual survey of prevailing compensation for similar private industry positions in the United States and Canada, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To amend the Tennessee Valley Authority Act of 1933 to require that the compensation plan for Tennessee Valley Authority employees be based on an annual survey of prevailing compensation for similar private industry positions in the United States and Canada, and for other purposes.

Rep. Cohen, Steve

D

TN

S.3152

Energy

This bill bars a recipient from receiving additional loan guarantees through the Clean Energy Financing Program or the Advanced Technology Vehicles Manufacturing Program if the recipient has previously defaulted on a loan guaranteed through those programs.

To amend the Energy Policy Act of 2005 to disqualify certain borrowers from receiving a guarantee for a project, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DISQUALIFICATION OF BORROWERS WHO HAVE PREVIOUSLY DEFAULTED. (a) Incentives for Innovative Technologies.--Section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended-- (1) by redesignating subsections (i) through (q) as subsections (j) through (r), respectively; and (2) by inserting after subsection (h) the following: ``(i) Disqualification for Previous Defaults.--The Secretary may not make a guarantee under this title for a project if the borrower has previously defaulted on an obligation guaranteed under this title.''. (b) Advanced Technology Vehicles Manufacturing Incentive Program.-- Section 136(d) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013(d)) is amended by adding at the end the following: ``(5) Disqualification for previous defaults.--The Secretary may not provide a loan under this subsection to an applicant for the loan if the applicant has previously defaulted on a loan provided under this subsection.''. <all>

A bill to amend the Energy Policy Act of 2005 to disqualify certain borrowers from receiving a guarantee for a project, and for other purposes.

A bill to amend the Energy Policy Act of 2005 to disqualify certain borrowers from receiving a guarantee for a project, and for other purposes.

Official Titles - Senate Official Title as Introduced A bill to amend the Energy Policy Act of 2005 to disqualify certain borrowers from receiving a guarantee for a project, and for other purposes.

Sen. Barrasso, John

R

WY

H.R.3420

Taxation

Student Agriculture Protection Act of 2021 This bill modifies the requirements for calculating taxable income to exclude from the gross income of a student agriculturist up to $5,000 of the gain from the sale or exchange of personal property (including livestock, crops, and agricultural mechanics or shop products) produced or raised by the student agriculturist. A student agriculturist is an individual who is under 22 years of age and is enrolled in (1) an FFA (Future Farmers of America) chapter or a program established by the National FFA Organization; (2) a 4H Club or other program established by 4H; or (3) a student agriculture program that is under the direction or guidance of an agricultural educator, advisor, or club leader.

To amend the Internal Revenue Code of 1986 to exclude from gross income certain amounts realized on the disposition of property raised or produced by a student agriculturist, and for other purposes. Be it enacted by the Senate 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 Agriculture Protection Act of 2021''. SEC. 2. EXCLUSION OF CERTAIN GAIN BY STUDENT AGRICULTURISTS FROM GROSS INCOME. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139H the following new section: ``SEC. 139I. GAIN FROM PROPERTY PRODUCED OR RAISED BY A STUDENT AGRICULTURIST. ``(a) In General.--In the case of a student agriculturist, gross income shall not include so much of the gain from qualified dispositions during the taxable year as does not exceed $5,000. ``(b) Definitions.--For purposes of this section-- ``(1) Student agriculturist.--The term `student agriculturist' means an individual who has not attained age 22 and who is enrolled in-- ``(A) an FFA chapter or a program established by the National FFA Organization, ``(B) a 4-H Club or other program established by 4- H, or ``(C) any student agriculture program similar in nature to a club or program described in subparagraph (A) or (B) which is under the direction or guidance of an agricultural educator, advisor, or club leader. ``(2) Qualified disposition.-- ``(A) In general.--The term `qualified disposition' means a sale or exchange of qualified property by or on behalf of a student agriculturist (determined as of the date of the sale or exchange) which occurs-- ``(i) during an activity of a type described in paragraph (2)(B) or (3)(B) of section 513(d), or ``(ii) under the supervision of a program described in subparagraph (A), (B), or (C) of paragraph (1). ``(B) Qualified property.--For purposes of subparagraph (A), the term `qualified property' means personal property, including livestock, crops, and agricultural mechanics or shop projects, produced or raised-- ``(i) by the student agriculturist by or on behalf of whom the sale or exchange is made, and ``(ii) under the supervision of a program described in subparagraph (A), (B), or (C) of paragraph (1).''. (b) Conforming Amendment.--The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 139H the following new item: ``Sec. 139I. Gain from property produced or raised by a student agriculturist.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. <all>

Student Agriculture Protection Act of 2021

To amend the Internal Revenue Code of 1986 to exclude from gross income certain amounts realized on the disposition of property raised or produced by a student agriculturist, and for other purposes.

Student Agriculture Protection Act of 2021

Rep. McCaul, Michael T.

R

TX

H.R.7905

Government Operations and Politics

Voting Rights Amendment Act of 2022 This bill establishes new criteria for determining which states and political subdivisions must obtain preclearance before changes to voting practices may take effect. Preclearance is the process of receiving preapproval from the Department of Justice (DOJ) or the U.S. District Court for the District of Columbia before making legal changes that would affect voting rights. A state and all of its political subdivisions shall be subject to preclearance of voting practice changes for a 10-year period if 5 or more voting rights violations occurred in the state during the previous 15 years, at least 1 of which was committed by the state itself. A political subdivision as a separate unit shall also be subject to preclearance for a 10-year period if, in the previous 15 years (1) 3 or more voting rights violations occurred there, or (2) 1 or more voting rights violations occurred there and the subdivision had minority voter turnout below certain thresholds. A state or political subdivision that obtains a declaratory judgment that it has not used a voting practice to deny or abridge the right to vote shall be exempt from preclearance. The bill expands the circumstances under which (1) a court may retain the authority to preclear voting changes made by a state or political subdivision, or (2) DOJ may assign election observers. States and political subdivisions must notify the public of changes to voting practices. The bill revises the circumstances under which a court must grant preliminary injunctive relief in a challenge to voting practices.

To amend the Voting Rights Act of 1965 to revise the criteria for determining which States and political subdivisions are subject to section 4 of the Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Voting Rights Amendment Act of 2022''. SEC. 2. VIOLATIONS TRIGGERING AUTHORITY OF COURT TO RETAIN JURISDICTION. (a) Types of Violations.--Section 3(c) of the Voting Rights Act of 1965 (52 U.S.C. 10302(c)) is amended by striking ``violations of the fourteenth or fifteenth amendment'' and inserting ``violations of the 14th or 15th Amendment; violations of this Act (other than a violation of section 2(a) which is based on the imposition of a requirement that an individual provide a photo identification as a condition of receiving a ballot for voting in an election for Federal, State, or local office); or violations of any Federal voting rights law that prohibits discrimination on the basis of race, color, or membership in a language minority group,''. (b) Conforming Amendment.--Section 3(a) of such Act (52 U.S.C. 10302(a)) is amended by striking ``violations of the fourteenth or fifteenth amendment'' and inserting ``violations of the 14th or 15th Amendment, violations of this Act, or violations of any Federal voting rights law that prohibits discrimination on the basis of race, color, or membership in a language minority group,''. SEC. 3. CRITERIA FOR COVERAGE OF STATES AND POLITICAL SUBDIVISIONS. (a) Determination of States and Political Subdivisions Subject to Section 4(a).-- (1) In general.--Section 4(b) of the Voting Rights Act of 1965 (52 U.S.C. 10303(b)) is amended to read as follows: ``(b) Determination of States and Political Subdivisions Subject to Requirements.-- ``(1) Existence of voting rights violations during previous 15 years.-- ``(A) Statewide application.--Subsection (a) applies with respect to a State and all political subdivisions within the State during a calendar year if 5 or more voting rights violations occurred in the State during the previous 15 calendar years, at least one of which was committed by the State itself (as opposed to a political subdivision within the State). ``(B) Application to specific political subdivisions.--Subsection (a) applies with respect to a political subdivision during a calendar year if-- ``(i) 3 or more voting rights violations occurred in the subdivision during the previous 15 calendar years; or ``(ii) 1 or more voting rights violations occurred in the subdivision during the previous 15 calendar years and the subdivision had persistent, extremely low minority turnout during the previous 15 calendar years. ``(2) Period of application.-- ``(A) In general.--Except as provided in subparagraph (B), if, pursuant to paragraph (1), subsection (a) applies with respect to a State or political subdivision during a calendar year, subsection (a) shall apply with respect to such State or political subdivision for the period-- ``(i) that begins on January 1 of the year in which subsection (a) applies pursuant to the applicable provisions of paragraph (1); and ``(ii) that ends on the date which is 10 years after January 1 of the year in which the most recent voting rights violation occurred in the State or political subdivision. ``(B) No further application after declaratory judgment.-- ``(i) States.--If a State obtains a declaratory judgment under subsection (a), and the judgment remains in effect, subsection (a) shall no longer apply to such State pursuant to paragraph (1)(A) unless, after the issuance of the declaratory judgment, paragraph (1)(A) applies to the State solely on the basis of voting rights violations occurring after the issuance of the declaratory judgment. ``(ii) Political subdivisions.--If a political subdivision obtains a declaratory judgment under subsection (a), and the judgment remains in effect, subsection (a) shall no longer apply to such political subdivision pursuant to paragraph (1), including pursuant to paragraph (1)(A) (relating to the statewide application of subsection (a)), unless, after the issuance of the declaratory judgment, paragraph (1)(B) applies to the political subdivision solely on the basis of voting rights violations (and, in the case of paragraph (1)(B)(ii), extremely low minority turnout) occurring after the issuance of the declaratory judgment. ``(3) Determination of voting rights violation.--For purposes of paragraph (1), a voting rights violation occurred in a State or political subdivision if any of the following applies: ``(A) In a final judgment (which has not been reversed on appeal), any court of the United States has determined that a denial or abridgement of the right of any citizen of the United States to vote on account of race, color, or membership in a language minority group, in violation of the 14th or 15th Amendment, occurred anywhere within the State or subdivision. ``(B) In a final judgment (which has not been reversed on appeal), any court of the United States has determined that a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting was imposed or applied or would have been imposed or applied anywhere within the State or subdivision in a manner that resulted or would have resulted in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color, or in contravention of the guarantees set forth in subsection (f)(2), in violation of section 2. ``(C) In a final judgment (which has not been reversed on appeal), any court of the United States has denied the request of the State or subdivision for a declaratory judgment under section 3(c) or section 5, and thereby prevented a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting from being enforced anywhere within the State or subdivision. ``(D) The Attorney General has interposed an objection under section 3(c) or section 5 (and the objection has not been overturned by a final judgment of a court or withdrawn by the Attorney General), and thereby prevented a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting from being enforced anywhere within the State or subdivision, other than an objection which is based on a voting qualification or procedure which consists of the imposition of a requirement that an individual provide a photo identification as a condition of receiving a ballot for voting in an election for Federal, State, or local office. ``(4) Determination of persistent, extremely low minority turnout.--For purposes of paragraph (1)(B)(ii), a political subdivision has persistent, extremely low minority turnout with respect to a calendar year if any of the following applies: ``(A) With respect to the general elections for the office of President which were held in the political subdivision during the previous 15 calendar years-- ``(i) in the majority of such elections, the minority turnout rate in the political subdivision was below-- ``(I) the minority turnout rate for the entire Nation; ``(II) the nonminority turnout rate for the entire Nation; ``(III) the minority turnout rate for the State in which the political subdivision is located; ``(IV) the nonminority turnout rate for the State in which the political subdivision is located; and ``(V) the nonminority turnout rate for the political subdivision; and ``(ii) the average minority turnout rate across all such elections in the political subdivision was more than 10 percentage points below the average nonminority turnout rate for the entire Nation. ``(B) With respect to the general elections for Federal office which were held in the political subdivision during the previous 15 calendar years-- ``(i) in the majority of such elections, the minority turnout rate in the political subdivision was below-- ``(I) the minority turnout rate for the State in which the political subdivision is located; ``(II) the nonminority turnout rate for the State in which the political subdivision is located; and ``(III) the nonminority turnout rate for the political subdivision; and ``(ii) the average minority turnout rate across all such elections in the political subdivision was more than 10 percentage points below the average nonminority turnout rate for the State in which the political subdivision is located. ``(5) Timing of determinations.-- ``(A) Determinations of voting rights violations.-- As early as practicable during each calendar year, the Attorney General shall make the determinations required by this subsection (other than the determinations described in subparagraph (B)), including updating the list of voting rights violations attributable to each State and political subdivision for the previous calendar year. ``(B) Determinations of turnout rates.--As early as practicable during each odd-numbered calendar year, the Attorney General, in consultation with the heads of the relevant offices of the government, shall make the determinations of turnout rates required by this subsection, including the minority and nonminority turnout rates for the general elections for Federal office held in the previous year in each State and political subdivision (expressed as percentages of the citizen voting-age population of the State and subdivision and determined using scientifically accepted statistical methodologies). ``(C) Effective upon publication in federal register.--A determination or certification of the Attorney General under this section or under section 8 or 13 shall be effective upon publication in the Federal Register. ``(6) Other definitions.--In this subsection, the following definitions apply: ``(A) The term `general election for Federal office' means a general election held solely or in part for the purpose of electing any candidate for the office of President, Vice President, Presidential elector, Senator, Member of the House of Representatives, or Delegate or Resident Commissioner to the Congress. ``(B) The term `minority' means persons who identify themselves as being-- ``(i) of Hispanic or Latino origin; ``(ii) of a race other than White; or ``(iii) of 2 or more races. ``(C) The term `nonminority' means persons who identify themselves as being-- ``(i) not of Hispanic or Latino origin; ``(ii) White; and ``(iii) not of any other race. ``(D) The term `turnout rate' means, with respect to a demographic group and an election, the amount (expressed as a percentage) equal to the quotient of-- ``(i) the number of individuals in that group who are citizens of the United States, who are 18 years of age or older on the date of the election, and who cast ballots in the election; divided by ``(ii) the total number of individuals in that group who are citizens of the United States and who are 18 years of age or older on the date of the election.''. (2) Conforming amendments.--Section 4(a) of such Act (52 U.S.C. 10303(a)) is amended-- (A) in paragraph (1) in the first sentence of the matter preceding subparagraph (A), by striking ``any State with respect to which'' and all that follows through ``unless'' and inserting ``any State to which this subsection applies during a calendar year pursuant to determinations made under subsection (b), or in any political subdivision of such State (as such subdivision existed on the date such determinations were made with respect to such State), though such determinations were not made with respect to such subdivision as a separate unit, or in any political subdivision with respect to which this subsection applies during a calendar year pursuant to determinations made with respect to such subdivision as a separate unit under subsection (b), unless''; (B) in paragraph (1) in the matter preceding subparagraph (A), by striking the second sentence; (C) in paragraph (1)(A), by striking ``(in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection)''; (D) in paragraph (1)(B), by striking ``(in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection)''; (E) in paragraph (3), by striking ``(in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection)''; (F) in paragraph (5), by striking ``(in the case of a State or subdivision which sought a declaratory judgment under the second sentence of this subsection)''; and (G) by striking paragraphs (7) and (8). (b) Clarification of Treatment of Members of Language Minority Groups.--Section 4(a)(1) of such Act (52 U.S.C. 10303(a)(1)) is amended by striking ``race or color,'' and inserting ``race or color or in contravention of the guarantees of subsection (f)(2),''. (c) Repeal of Retention of Jurisdiction of 3-Judge Court.--Section 4(a)(5) of such Act (52 U.S.C. 10303(a)(5)) is amended by striking the second and third sentences. SEC. 4. PROMOTING TRANSPARENCY TO ENFORCE THE VOTING RIGHTS ACT. (a) Transparency.-- (1) In general.--The Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) is amended by inserting after section 5 the following new section: ``transparency regarding changes to protect voting rights ``Sec. 6. (a) Notice of Enacted Changes.-- ``(1) Notice of changes.--If a State or political subdivision makes any change in any prerequisite to voting or standard, practice, or procedure affecting voting in any election for Federal office that will result in the prerequisite, standard, practice, or procedure being different from that which was in effect as of 180 days before the date of the election, the State or political subdivision shall provide reasonable public notice in such State or political subdivision and on the internet, in a reasonably convenient and accessible format, of a concise description of the change, including the difference between the changed prerequisite, standard, practice, or procedure and the prerequisite, standard, practice, or procedure which was previously in effect. ``(2) Deadline for notice.--A State or political subdivision shall provide the public notice required under paragraph (1) not later than 48 hours after making the change involved. ``(b) Transparency Regarding Polling Place Resources.-- ``(1) In general.--In order to identify any changes that may impact the right to vote of any person, prior to the 30th day before the date of an election for Federal office, each State or political subdivision with responsibility for allocating registered voters, voting machines, and official poll workers to particular precincts and polling places shall provide reasonable public notice in such State or political subdivision and on the internet, in a reasonably convenient and accessible format, of the information described in paragraph (2) for precincts and polling places within such State or political subdivision. ``(2) Information described.--The information described in this paragraph with respect to a precinct or polling place is as follows: ``(A) The name or number. ``(B) In the case of a polling place, the location, including the street address. ``(C) The voting-age population of the area served by the precinct or polling place, broken down by demographic group if such breakdown is reasonably available to such State or political subdivision. ``(D) The number of registered voters assigned to the precinct or polling place, broken down by demographic group if such breakdown is reasonably available to such State or political subdivision. ``(E) The number of voting machines assigned. ``(F) The number of official paid poll workers assigned. ``(G) The number of official volunteer poll workers assigned. ``(H) In the case of a polling place, the dates and hours of operation. ``(3) Updates in information reported.--If a State or political subdivision makes any change in any of the information described in paragraph (2), the State or political subdivision shall provide reasonable public notice in such State or political subdivision and on the internet, in a reasonably convenient and accessible format, of the change in the information not later than 48 hours after the change occurs or, if the change occurs fewer than 48 hours before the date of the election, as soon as practicable after the change occurs. ``(c) Transparency of Changes Relating to Demographics and Electoral Districts.-- ``(1) Requiring public notice of changes.--Not later than 10 days after making any change in the constituency that will participate in an election for Federal, State, or local office or the boundaries of a voting unit or electoral district in an election for Federal, State, or local office (including through redistricting, reapportionment, changing from at-large elections to district-based elections, or changing from district-based elections to at-large elections), a State or political subdivision shall provide reasonable public notice in such State or political subdivision and on the internet, in a reasonably convenient and accessible format, of the demographic and electoral data described in paragraph (3) for each of the geographic areas described in paragraph (2). ``(2) Geographic areas described.--The geographic areas described in this paragraph are as follows: ``(A) The State as a whole, if the change applies statewide, or the political subdivision as a whole, if the change applies across the entire political subdivision. ``(B) If the change includes a plan to replace or eliminate voting units or electoral districts, each voting unit or electoral district that will be replaced or eliminated. ``(C) If the change includes a plan to establish new voting units or electoral districts, each such new voting unit or electoral district. ``(3) Demographic and electoral data.--The demographic and electoral data described in this paragraph with respect to a geographic area described in paragraph (2) are as follows: ``(A) The voting age population, broken down by demographic group. ``(B) If it is reasonably available to the State or political subdivision involved, an estimate of the population of the area which consists of citizens of the United States who are 18 years of age or older, broken down by demographic group. ``(C) The number of registered voters, broken down by demographic group if such breakdown is reasonably available to the State or political subdivision involved. ``(D) The actual number of votes, or (if it is not reasonably practicable for the State or political subdivision to ascertain the actual number of votes) the estimated number of votes received by each candidate in each statewide election and (if the change applies to only one political subdivision) in each subdivision-wide election held during the 5-year period which ends on the date the change involved is made. ``(4) Voluntary compliance by smaller jurisdictions.-- Compliance with this subsection shall be voluntary for a political subdivision of a State unless the subdivision is one of the following: ``(A) A county or parish. ``(B) A municipality with a population greater than 10,000, as determined under the most recent decennial census. ``(C) A school district with a population greater than 10,000, as determined under the most recent decennial census. For purposes of this paragraph, the term `school district' means the geographic area under the jurisdiction of a local educational agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965). ``(d) Rules Regarding Format of Information.--The Attorney General may issue rules specifying a reasonably convenient and accessible format that States and political subdivisions shall use to provide public notice of information under this section. ``(e) No Denial of Right To Vote.--The right to vote of any person shall not be denied or abridged because the person failed to comply with any change made by a State or political subdivision if the State or political subdivision involved did not meet the applicable requirements of this section with respect to the change. ``(f) Definitions.--In this section-- ``(1) the term `demographic group' means each group which section 2 protects from the denial or abridgement of the right to vote on account of race or color, or in contravention of the guarantees set forth in section 4(f)(2); and ``(2) the term `election' means, with respect to Federal office, any general, special, primary, or runoff election held solely or in part for the purpose of electing any candidate for the office of President, Vice President, Presidential elector, Senator, Member of the House of Representatives, or Delegate or Resident Commissioner to the Congress.''. (2) Conforming amendment.--Section 3(a) of such Act (52 U.S.C. 10302(a)) is amended by striking ``in accordance with section 6''. (b) Effective Date.--The amendment made by subsection (a)(1) shall apply with respect to changes which are made on or after the expiration of the 60-day period which begins on the date of the enactment of this Act. SEC. 5. AUTHORITY TO ASSIGN OBSERVERS. (a) Clarification of Authority in Political Subdivisions Subject to Preclearance.--Section 8(a)(2)(B) of the Voting Rights Act of 1965 (52 U.S.C. 10305(a)(2)(B)) is amended to read as follows: ``(B) in the Attorney General's judgment, the assignment of observers is otherwise necessary to enforce the guarantees of the 14th or 15th Amendment or any provision of this Act or any other law of the United States protecting the right of citizens of the United States to vote;''. (b) Assignment of Observers To Enforce Bilingual Election Requirements.--Section 8(a) of such Act (52 U.S.C. 10305(a)) is amended-- (1) by striking ``or'' at the end of paragraph (1); (2) by adding ``or'' at the end of paragraph (2); and (3) by inserting after paragraph (2) the following new paragraph: ``(3) the Attorney General certifies with respect to a political subdivision that-- ``(A) the Attorney General has received written meritorious complaints from residents, elected officials, or civic participation organizations that efforts to violate section 203 are likely to occur; or ``(B) in the Attorney General's judgment, the assignment of observers is necessary to enforce the guarantees of section 203;''. SEC. 6. INJUNCTIVE RELIEF. (a) Clarification of Scope and Persons Authorized To Seek Relief.-- Section 12(d) of the Voting Rights Act of 1965 (52 U.S.C. 10308(d)) is amended-- (1) by striking ``section 2, 3, 4, 5, 7, 10, 11, or subsection (b) of this section'' and inserting ``the 14th or 15th Amendment, this Act, or any Federal voting rights law that prohibits discrimination on the basis of race, color, or membership in a language minority group''; and (2) by striking ``the Attorney General may institute for the United States, or in the name of the United States,'' and inserting ``the aggrieved person or (in the name of the United States) the Attorney General may institute''. (b) Grounds for Granting Relief.--Section 12(d) of such Act (52 U.S.C. 10308(d)) is amended-- (1) by striking ``(d) Whenever any person'' and inserting ``(d)(1) Whenever any person''; (2) by striking ``(1) to permit'' and inserting ``(A) to permit''; (3) by striking ``(2) to count'' and inserting ``(B) to count''; and (4) by adding at the end the following new paragraph: ``(2)(A) In any action for relief described in this subsection, the court shall grant the relief if the court determines that, on balance, the hardship imposed upon the defendant by the issuance of the relief will be less than the hardship which would be imposed upon the plaintiff if the relief were not granted. ``(B) In making its determination under this paragraph with respect to a change in any voting qualification, prerequisite to voting, or standard, practice, or procedure affecting voting, the court shall consider the following factors (to the extent applicable to the action): ``(i) Whether the qualification, prerequisite, standard, practice, or procedure in effect prior to the change was adopted as a remedy for a Federal court judgment, consent decree, or admission regarding-- ``(I) discrimination on the basis of race or color in violation of the 14th or 15th Amendment; ``(II) a violation of this Act; or ``(III) voting discrimination on the basis of race, color, or membership in a language minority group in violation of any other Federal or State law. ``(ii) Whether the qualification, prerequisite, standard, practice, or procedure in effect prior to the change served as a ground for the dismissal or settlement of a claim alleging-- ``(I) discrimination on the basis of race or color in violation of the 14th or 15th Amendment; ``(II) a violation of this Act; or ``(III) voting discrimination on the basis of race, color, or membership in a language minority group in violation of any other Federal or State law. ``(iii) Whether the change was adopted fewer than 180 days before the date of the election with respect to which it is to take effect. ``(iv) Whether the defendant has failed to provide timely or complete notice of the adoption of the change as required by applicable Federal or State law.''. SEC. 7. OTHER TECHNICAL AND CONFORMING AMENDMENTS. (a) Actions Covered Under Section 3.--Section 3(c) of the Voting Rights Act of 1965 (52 U.S.C. 10302(c)) is amended-- (1) by striking ``any proceeding instituted by the Attorney General or an aggrieved person under any statute to enforce'' and inserting ``any action under any statute in which a party (including the Attorney General) seeks to enforce''; and (2) by striking ``at the time the proceeding was commenced'' and inserting ``at the time the action was commenced''. (b) Clarification of Treatment of Members of Language Minority Groups.--Section 4(f) of such Act (52 U.S.C. 10303(f)) is amended-- (1) in paragraph (1), by striking the second sentence; and (2) by striking paragraphs (3) and (4). (c) Period During Which Changes in Voting Practices Are Subject to Preclearance Under Section 5.--Section 5 of such Act (52 U.S.C. 10304) is amended-- (1) in subsection (a), by striking ``based upon determinations made under the first sentence of section 4(b) are in effect'' and inserting ``are in effect during a calendar year''; (2) in subsection (a), by striking ``November 1, 1964'' and all that follows through ``November 1, 1972'' and inserting ``the applicable date of coverage''; and (3) by adding at the end the following new subsection: ``(e) The term `applicable date of coverage' means, with respect to a State or political subdivision-- ``(1) June 25, 2013, if the most recent determination for such State or subdivision under section 4(b) was made on or before December 31, 2015; or ``(2) the date on which the most recent determination for such State or subdivision under section 4(b) was made, if such determination was made after December 31, 2015.''. <all>

Voting Rights Amendment Act of 2022

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

Voting Rights Amendment Act of 2022

Rep. Turner, Michael R.

R

OH

H.R.244

Government Operations and Politics

Executive Branch Conflict of Interest Act This bill expands and establishes new prohibitions related to conflicts of interest involving certain federal government employees. Specifically, the bill prohibits a federal government employee from accepting a bonus from a former private sector employer for entering government service. The bill prohibits certain senior officials from using their position to participate in matters wherein a former employer or client has a financial interest, and it establishes penalties for an official who violates this prohibition. The bill also increases lobbying restrictions to two years for certain senior officials. In addition, the bill expands prohibitions that prevent certain former officials who were responsible for specified government contracts from receiving compensation from a participating contractor, contractor's affiliate, or subcontractor. The bill also prohibits a procurement officer in the federal government from working for a company that received a contract overseen by the procurement officer during the officer's last two years in government service.

To strengthen and enhance certain ethics requirements for the Federal Government, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Executive Branch Conflict of Interest Act''. SEC. 2. RESTRICTIONS ON PRIVATE SECTOR PAYMENT FOR GOVERNMENT SERVICE. Section 209 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``any salary'' and inserting ``any salary (including a bonus)''; and (2) in subsection (b)-- (A) by inserting ``(1)'' after ``(b)''; and (B) by adding at the end the following: ``(2) For purposes of paragraph (1), a pension, retirement, group life, health or accident insurance, profit-sharing, stock bonus, or other employee welfare or benefit plan that makes payment of any portion of compensation contingent on accepting a position in the United States Government shall not be considered bona fide.''. SEC. 3. REQUIREMENTS RELATING TO SLOWING THE REVOLVING DOOR. (a) In General.--The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: ``TITLE VI--ENHANCED REQUIREMENTS FOR CERTAIN EMPLOYEES ``SEC. 601. DEFINITIONS. ``In this title: ``(1) Covered agency.--The term `covered agency'-- ``(A) means an Executive agency, as defined in section 105 of title 5, United States Code, the Postal Service and the Postal Rate Commission, but does not include the Government Accountability Office or the Government of the District of Columbia; and ``(B) shall include the Executive Office of the President. ``(2) Covered employee.--The term `covered employee' means an officer or employee referred to in paragraph (2) of section 207(c) of title 18, United States Code. ``(3) Director.--The term `Director' means the Director of the Office of Government Ethics. ``(4) Executive branch.--The term `executive branch' has the meaning given that term in section 109. ``(5) Former client.--The term `former client'-- ``(A) means a person for whom a covered employee served personally as an agent, attorney, or consultant during the 2-year period ending on the date before the date on which the covered employee begins service in the Federal Government; and ``(B) does not include-- ``(i) instances in which the service provided was limited to a speech or similar appearance by the covered employee; or ``(ii) a client of the former employer of the covered employee to whom the covered employee did not personally provide such services. ``(6) Former employer.--The term `former employer'-- ``(A) means a person for whom a covered employee served as an employee, officer, director, trustee, or general partner during the 2-year period ending on the date before the date on which the covered employee begins service in the Federal Government; and ``(B) does not include-- ``(i) an entity in the Federal Government, including an executive branch agency; ``(ii) a State or local government; ``(iii) the District of Columbia; ``(iv) an Indian tribe, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304); or ``(v) the government of a territory or possession of the United States. ``(7) Particular matter.--The term `particular matter' has the meaning given that term in section 207(i) of title 18, United States Code. ``SEC. 602. CONFLICT OF INTEREST AND ELIGIBILITY STANDARDS. ``(a) In General.--A covered employee may not use, or attempt to use, the official position of the covered employee to participate in a particular matter in which the covered employee knows a former employer or former client of the covered employee has a financial interest. ``(b) Waiver.-- ``(1) In general.--The head of the covered agency employing a covered employee, in consultation with the Director, may grant a written waiver of the restrictions under subsection (a) prior to engaging in the action otherwise prohibited by subsection (a) if, and to the extent that, the head of the covered agency certifies in writing that-- ``(A) the application of the restriction to the particular matter is inconsistent with the purposes of the restriction; or ``(B) it is in the public interest to grant the waiver. ``(2) Publication.--The head of the covered agency shall provide a waiver under paragraph (1) to the Director and post the waiver on the website of the agency within 30 calendar days after granting such waiver. ``SEC. 603. PENALTIES AND INJUNCTIONS. ``(a) Criminal Penalties.-- ``(1) In general.--Any person who violates section 602 shall be fined under title 18, United States Code, imprisoned for not more than 1 year, or both. ``(2) Willful violations.--Any person who willfully violates section 602 shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both. ``(b) Civil Enforcement.-- ``(1) In general.--The Attorney General may bring a civil action in an appropriate district court of the United States against any person who violates, or whom the Attorney General has reason to believe is engaging in conduct that violates, section 602. ``(2) Civil penalty.-- ``(A) In general.--If the court finds by a preponderance of the evidence that a person violated section 602, the court shall impose a civil penalty of not more than the greater of-- ``(i) $100,000 for each violation; or ``(ii) the amount of compensation the person received or was offered for the conduct constituting the violation. ``(B) Rule of construction.--A civil penalty under this subsection may be in addition to any other criminal or civil statutory, common law, or administrative remedy available to the United States or any other person. ``(3) Injunctive relief.-- ``(A) In general.--In a civil action brought under paragraph (1) against a person, the Attorney General may petition the court for an order prohibiting the person from engaging in conduct that violates section 602. ``(B) Standard.--The court may issue an order under subparagraph (A) if the court finds by a preponderance of the evidence that the conduct of the person violates section 602. ``(C) Rule of construction.--The filing of a petition seeking injunctive relief under this paragraph shall not preclude any other remedy that is available by law to the United States or any other person.''. SEC. 4. PROHIBITION OF PROCUREMENT OFFICERS ACCEPTING EMPLOYMENT FROM GOVERNMENT CONTRACTORS. (a) Expansion of Prohibition on Acceptance by Former Officials of Compensation From Contractors.--Section 2104 of title 41, United States Code, is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1)-- (i) by striking ``or consultant'' and inserting ``attorney, consultant, subcontractor, or lobbyist''; and (ii) by striking ``one year'' and inserting ``2 years''; and (B) in paragraph (3), by striking ``personally made for the Federal agency'' and inserting ``participated personally and substantially in''; and (2) by striking subsection (b) and inserting the following: ``(b) Prohibition on Compensation From Affiliates and Subcontractors.--A former official responsible for a Government contract referred to in paragraph (1), (2), or (3) of subsection (a) may not accept compensation for 2 years after awarding the contract from any division, affiliate, or subcontractor of the contractor.''. (b) Requirement for Procurement Officers To Disclose Job Offers Made on Behalf of Relatives.--Section 2103(a) of title 41, United States Code, is amended in the matter preceding paragraph (1) by inserting after ``that official'' the following: ``, or for a relative (as defined in section 3110 of title 5) of that official,''. (c) Requirement on Award of Government Contracts to Former Employers.-- (1) In general.--Chapter 21 of division B of subtitle I of title 41, United States Code, is amended by adding at the end the following new section: ``Sec. 2108. Prohibition on involvement by certain former contractor employees in procurements ``An employee of the Federal Government may not be personally and substantially involved with any award of a contract to, or the administration of a contract awarded to, a contractor that is a former employer of the employee during the 2-year period beginning on the date on which the employee leaves the employment of the contractor.''. (2) Technical and conforming amendment.--The table of sections for chapter 21 of title 41, United States Code, is amended by adding at the end the following new item: ``2108. Prohibition on involvement by certain former contractor employees in procurements.''. (d) Regulations.--The Administrator for Federal Procurement Policy and the Director of the Office of Management and Budget shall-- (1) in consultation with the Director of the Office of Personnel Management and the Counsel to the President, promulgate regulations to carry out and ensure the enforcement of chapter 21 of title 41, United States Code, as amended by this section; and (2) in consultation with designated agency ethics officials (as that term is defined in section 109(3) of the Ethics in Government Act of 1978 (5 U.S.C. App.)), monitor compliance with that chapter by individuals and agencies. SEC. 5. REVOLVING DOOR RESTRICTIONS ON EMPLOYEES MOVING INTO THE PRIVATE SECTOR. (a) In General.--Subsection (c) of section 207 of title 18, United States Code, is amended-- (1) in the subsection heading, by striking ``One-year'' and inserting ``Two-year''; (2) in paragraph (1), by striking ``1 year'' in each instance and inserting ``2 years''; and (3) in paragraph (2)(B), by striking ``1-year'' and inserting ``2-year''. (b) Application.--The amendments made by subsection (a) shall apply to any individual covered by subsection (c) of section 207 of title 18, United States Code, separating from the civil service on or after the date of enactment of this Act. SEC. 6. SEVERABILITY. If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. <all>

Executive Branch Conflict of Interest Act

To strengthen and enhance certain ethics requirements for the Federal Government, and for other purposes.

Executive Branch Conflict of Interest Act

Rep. Gomez, Jimmy

D

CA

H.R.2632

Finance and Financial Sector

Build for Future Disasters Act of 2021 This bill eliminates certain National Flood Insurance Program (NFIP) rate subsidies for newly constructed property. Specifically, the chargeable rate for NFIP coverage of newly constructed property and any substantial improvements of property started on or after January 1, 2025, must not be not less than the estimated risk premium rate. The Government Accountability Office must report on the feasibility and effects of (1) eliminating by January 1, 2027, all subsidies that reduce premiums for NFIP coverage to amounts below those necessary to operate to program without a deficit, and (2) prohibiting these subsidies unless flood mitigation activities have been completed on a property.

To eliminate any subsidies for flood insurance coverage under the National Flood Insurance Program for new construction, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Build for Future Disasters Act of 2021''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress makes the following findings: (1) According to the National Oceanic and Atmospheric Administration, since 2000, flooding has become the most common and costly natural disaster in the United States, impacting all 50 States and causing more than $845 billion in damage. (2) A 2019 report from the California-based analytics company CoreLogic found that 7.3 million homes along the Atlantic and Gulf Coasts alone are at risk from storm surge, with a potential $1.8 trillion in reconstruction costs. (3) Research from New York University's Furman Center for Real Estate and Urban Policy estimated that, in 2015, 15 million people nationwide lived in the 100-year floodplain spread across coastal and inland States. (4) The National Flood Insurance Program (NFIP), administered by the Federal Emergency Management Agency (FEMA), provides federally backed flood insurance in over 22,000 communities in 56 States and jurisdictions in the United States with more than 5 million policies providing over $1.3 trillion in coverage. (5) In 1966, while calling for the creation of the NFIP, the Task Force on Federal Flood Control Policy provided ``a caution on flood insurance'' that if ``incorrectly applied, it could exacerbate the whole problem of flood losses.''. The report warned that insurance coverage not proportionate to risk would ``invite economic waste of great magnitude . . . aggravate flood damages and constitute gross public irresponsibility''. (6) According to the Government Accountability Office (GAO), the NFIP offers 20 percent of policyholders heavily subsidized rates that FEMA estimates may be 45 to 50 percent below a full-risk rate. (7) Since 2005, the NFIP has borrowed nearly $40 billion from taxpayers to meet policyholder insurance claims. (8) In 2017, the Congressional Budget Office estimated that under its current model the NFIP is expected to lose $1.3 billion a year. (9) Historically, repeatedly flooded properties have accounted for just 1 percent of properties with National Flood Insurance Program policies but about 25 to 30 percent of flood claims. Nationwide more than 150,000 properties have repeatedly flooded at a cost to the NFIP of more than $12.5 billion. (10) On May 26, 2019, four former FEMA Administrators wrote a letter to Congressional leaders stating: ``Change is needed to allow the NFIP to pay off its debt and serve its purposes of reducing Federal disaster spending following flood events, minimizing flood losses, and discouraging unwise building in flood-prone areas.''. SEC. 3. SENSE OF CONGRESS. It is the sense of the Congress that the Federal Government should-- (1) discourage regulation and policies that result in building and rebuilding homes located in high flood-risk areas; (2) limit the availability of federally subsidized flood insurance for construction of new homes, business, and infrastructure; (3) coordinate with floodplain managers, city planners, administrators, and local elected officials to ensure that structures built in flood-prone areas comply with building and elevation codes and regulations that are designed to reduce their risk of damage from flooding; and (4) prioritize increased mitigation funding through new and existing programs to help communities better prepare for future flood disasters before they happen. SEC. 4. ELIMINATION OF SUBSIDIES FOR NEW CONSTRUCTION. Subsection (c) of section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(c)) is amended by adding at the end the following new paragraph: ``(3) New construction.--Any property the construction or substantial improvement of which the Administrator determines has been started on or after January 1, 2025, and the appropriate actuarial rate shall be adjusted with any changes to the flood zone or base flood elevation reflected in relevant flood insurance rate map, regardless of the previous rating; in determining whether a property is subject to this paragraph, the Administrator shall consider the issue date for any relevant building permit or occupancy certificate issued by the community in which such property is located; for purposes of this paragraph only, a determination regarding substantial improvement may exclude the costs of any improvement to a structure or the structure's associated land area for which the primary purpose is flood mitigation or floodproofing; such improvements may include elevation of the building or utilities, floodproofing, or other site-specific mitigation activities that would otherwise meet the eligibility requirements established by the Administrator under authority of section 1366(c) (42 U.S.C. 4104c(c)); nothing in this paragraph may be construed to prohibit application of any future means-tested assistance for insurance affordability to construction or substantial improvement covered by this paragraph.''. SEC. 5. GAO STUDY AND REPORT. The Comptroller General of the United States shall conduct a study to determine the feasibility and effects of-- (1) eliminating, by January 1, 2027, all subsidies that reduce premiums for coverage under the National Flood Insurance Program of the Federal Emergency Management Agency to amounts that are less than the amount that is actuarially necessary for such Program to operate without a deficit; and (2) prohibiting any subsidy described in paragraph (1) for any property unless mitigation activities to decrease the risk of flood damage to such property have been completed. Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Comptroller General shall submit a report to the Congress that describes the findings of the study pursuant to this section. <all>

Build for Future Disasters Act of 2021

To eliminate any subsidies for flood insurance coverage under the National Flood Insurance Program for new construction, and for other purposes.

Build for Future Disasters Act of 2021

Rep. Peters, Scott H.

D

CA

H.R.1574

International Affairs

Berta Caceres Human Rights in Honduras Act This bill prohibits U.S. assistance to the police or military of Honduras. The Department of the Treasury shall instruct U.S. representatives of multilateral development banks to vote against providing loans to the Honduran police or military. The prohibition shall be lifted if the Department of State certifies to Congress that various conditions have been met, including that the Honduran government has (1) pursued all legal avenues to reach verdicts in specified crimes, such as the killings of indigenous land-rights activist Berta Caceres and of 100 small-farmer activists in the Aguan Valley; (2) investigated and prosecuted members of the military and police who have violated human rights; and (3) taken effective steps to establish the rule of law.

To suspend United States security assistance with Honduras until such time as human rights violations by Honduran security forces cease and their perpetrators are brought to justice. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Berta Caceres Human Rights in Honduras Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Honduran military and police are widely established to be deeply corrupt and commit human rights abuses, including torture, rape, illegal detention, and murder, with impunity. (2) The New York Times revealed documents on April 15, 2016, indicating that top officials of the Honduran police ordered the killings of drug-crime investigators Julian Aristides Gonzales and Alfredo Landaverde in 2009 and 2011, respectively, with the subsequent knowledge of top police and, evidently, high-ranking government officials. The Times suggested in a subsequent article that the revelations were being manipulated by the President of Honduras for his own corrupt purposes. Both cases remain in impunity. (3) Individuals in the military and police with documented records of having committed gross human rights abuses with impunity continue to serve in, and be appointed and reappointed to high positions with state security forces. Former Army general in the Armed Forces Julian Pacheco Tinoco, the Minister of Security, was the highest ranking official in charge of the repression of protesters by the police following the November 27, 2017, election, and has been twice named in United States Federal court as overseeing drug trafficking. He was reappointed to his position by President Juan Orlando Hernandez in December 2018. (4) Other individuals who previously served in high-ranking positions and who are documented to have committed gross human rights abuses continue in impunity. In January 2021, United States Federal prosecutors filed new motions with the Department of Justice in the Southern District of New York that implicate senior military, police, political, and business figures in laundering money, bribery, and murder, including former head of National Police, Juan Carlos ``El Tigre'' Bonilla Valladares. (5) International human rights bodies have reported that the Honduran military and police commit human rights abuses, including killings, with impunity. The Associated Press has documented death squad activity by police. Human Rights Watch has reported: ``The use of lethal force by the national police is a chronic problem.''. The United Nations Working Group on Business and Human Rights stated in 2019 that ``numerous evictions, seeking to allow business to operate, have been conducted with the excessive use of force by police and military . . . resulting in the loss of life and grave injury to people''. (6) The Department of State's 2019 Human Rights Report for Honduras reported: ``Civilian authorities at times did not maintain effective control over the security forces.''. It summarized: ``Significant human rights issues included: unlawful or arbitrary killings, including extrajudicial killings; torture; harsh and life-threatening prison conditions; arbitrary arrest or detention.''. In 2020, Human Rights Watch reported that ``Security forces committed abuses while enforcing a nationwide COVID-19 lockdown that President Juan Orlando Hernandez imposed in March.''. (7) Repeated efforts to clean up the Honduran police have largely failed. A recent commission charged with cleaning up the police reports that it has cleaned up over 5,000 members, but the great majority of those were separated for reasons of restructuring, retirements, or disabilities. Only approximately 100 cases of alleged criminal activity have been forwarded to the Public Ministry for prosecution. Few of those are being prosecuted. The actions and results of the police cleanup commission have not been independently verified, moreover, and its directors include Julian Pacheco Tinoco, the Minister of Security, named as a drug trafficker, and Vilma Morales, one of the top two negotiators for the leader of the 2009 coup. Long- lasting, fundamental reform of the police still needs to be enacted. UN Special Rapporteur on the situation of human rights defenders determined that, ``progress (on police clean up) is diminished by the involvement of the armed forces in carrying out police functions and maintaining public order since 2011''. In its report for 2020, Human Rights Watch concludes: ``Efforts to reform public-security institutions have stalled. Marred by corruption and abuse, the judiciary and police remain largely ineffective. Impunity for human rights abuses, violent crime, and corruption remains the norm''. (8) Evidence indicates that topmost officials in charge of the police have been allegedly involved in drug trafficking. The National Director of the Police and his top two lieutenants have been documented by the Associated Press to have previously participated in cocaine trafficking. Julian Pacheco Tinoco, the Minister of Security, reappointed in December 2018, has been twice named in United States Federal court as overseeing drug trafficking. United States Federal prosecutors have released documents implicating Honduran President Juan Orlando Hernandez in a drug trafficking and money laundering conspiracy with his brother Juan Antonio Hernandez. In October 2019, Tony Hernandez was convicted of drug conspiracy in United States Federal Court. (9) Human rights organizations have documented that the Fifteenth Battalion of the Honduran Armed Forces allegedly participated with police and private security forces in some of the killings of over 100 small-farmer, agrarian reform activists in the Aguan Valley beginning in 2010. In 2015, Human Rights Watch confirmed that the killings of Aguan farmers were met with no consequences. To date there has been one confirmed conviction of a private security guard. Assassinations of key activists continue. In October 2016, Jose Angel Flores, the president of the Unified Campesino Movement of the Aguan (MUCA), and Silmer Dionisio George, another MUCA member, were assassinated, with impunity. Local human rights organizations report a chronic problem with witness intimidation coupled with reports that the identity of witnesses is leaked by police investigators. Violence, threats, and criminalization of agrarian reform advocates in the region continues. (10) Further examples abound of human rights abuses by the military: in July 2013 members of the Armed Forces shot and killed Tomas Garcia, a Lenca Indigenous activist, and injured his son while they were peacefully protesting a dam project; in May 2014, nine members of the Ninth Infantry reportedly tortured and killed Amado Maradiaga Quiroz and tortured his son, Milton Noe Maradiaga Varela. The case remains in impunity. In an emblematic case, on December 27, 2015, the Honduran Navy reportedly killed Joel Palacios Lino and Elvis Armando Garcia, two Garifuna Afro-Indigenous men who were engaged in digging a car out of the sand on a beach. Ten members of the Honduran military were convicted of the killing of these 2 men, underscoring that egregious human rights are committed by state security forces. On June 20, 2019, Eblin Noe Corea, a 17-year- old student leader was killed by the military while participating in a protest with the Platform in Defense of Health and Education. On April 24, 2020, state security forces beat three brothers in Omoa, Cortes, shooting two of them and killing one after they were arbitrarily detained for selling bread. A member of the Army assigned to the Maya Chorti Task Force, is accused of the killing. (11) The current Government of Honduras has expanded the military's reach into domestic policing, including the creation of a 4,300-member Military Police in clear violation of the Honduran constitution and with disastrous results, including the killings of a 15-year-old boy, Ebed Yanes, in 2012 and a student, Erlin Misael Carias Moncada, in 2014, after they had passed unarmed through checkpoints, and the January 2, 2017, killing of 17-year-old Edgardo Moreno Rodriquez. While one member of the armed forces was convicted and sentenced in the case of Yanes, the case of the United States-trained colonel who allegedly subsequently ordered a cover-up remains in impunity. Since the creation of the Military Police, ``allegations of human rights abuses by the military have increased notably'', reports Human Rights Watch. The Military Police now count 9 battalions and plan 2 additional battalions. (12) During the crisis that erupted following the highly contested November 2017 Presidential election, massive protests against electoral fraud and the constitutionality of disputed re-election campaign of President Juan Orlando Hernandez emerged throughout the country. The United Nations and the Committee of Families of the Detained and Disappeared in Honduras (COFADEH) have documented that in response, Honduran state security forces killed at least 23 people, many of them protesters and bystanders; one additional person remains forcibly disappeared by state security forces. The great majority of the victims, according to the UN and COFADEH reports, were killed by the Military Police. All these cases remain in impunity. In addition, 3 people accused of crimes while protesting were imprisoned for 2 years while awaiting trial under dire, life-threatening conditions; 3 years later they continue to be subjected to criminal proceedings characterized by procedural delays and obstruction of fundamental rights including the right to work. A fourth remains in exile. (13) The Military Police continue to commit serious human rights abuses. On November 30, 2017, Daniel Isaac Varela, age 12, was wounded by members of the military police in Comayaguela during a post-election demonstration while he was purchasing candy with friends and the military opened fire. On December 3, 2017, Manuel de Jesus Bautista Salvador disappeared while held in detention by the Military Police in Cofradia, Cortes, and his whereabouts remain unknown. In response to the COVID-19 pandemic, the Government of Honduras declared a state of emergency in March 2020 authorizing a militarized lockdown and suspension of constitutional guarantees resulting in an ``alarming increase'' in human rights violations by state security forces, including attacks on human rights defenders, journalists, and citizens protesting for food. COFADEH reports that with militarization of the country, there has been a reactivation of death squads resulting in 17 forced disappearances in 2020. (14) The Honduran judicial system has been widely documented to be rife with corruption. Judges, prosecutors, and other officials are interconnected with organized crime and drug traffickers, contributing to near-complete impunity. (15) The Department of State in its 2019 Human Rights Report for Honduras reports that ``there were several reports that the government or its agents committed arbitrary or unlawful killings''. It noted that ``Impunity remained a serious problem, with significant delays in some prosecutions and sources alleging corruption in judicial proceedings.''. (16) Overall, the judicial system remains ineffective and corrupt. The IACHR report for 2019 states, ``The lack of access to justice has created a situation of structural impunity that has the effect of perpetuating and, in certain cases, favoring the repetition of serious human rights violations.''. (17) Summarizing the situation, Human Rights Watch reported for 2019 that ``Judges face interference from the executive branch and others, including private actors with connections in government.''. It concludes: ``Efforts to reform public- security institutions have stalled. Marred by corruption and abuse, the judiciary and police remain largely ineffective. Impunity for crimes and human rights abuses is the norm.''. (18) The March 2, 2016, assassination of prominent Lenca Indigenous and environmental activist Berta Caceres, world- renowned recipient of the 2015 Goldman Environmental Prize for her work defending Indigenous land rights against a hydroelectric dam project, illustrates the human rights crisis in Honduras, and the deep complicity of the Honduran government. Caceres, the leader of COPINH, the Council of Indigenous and Popular Organizations of Honduras, had reported to authorities 33 threats previous to her killing, but none had been investigated, and the government had failed to provide adequate protection measures as mandated by the Inter-American Commission on Human Rights, with protection by Honduran security being withdrawn the day of her death. (19) In December 2019, seven men were convicted in the killing of Caceres. One of them was an active duty officer in the military at the time of his arrest and two others are former military. Prosecution of the intellectual authors is still pending. Evidence made public in the trial indicates the participation of several executives and directors of DESA Corporation, the dam construction company, in the murder scheme. However, only the president of DESA, a former military officer has been charged. Though charged in March 2018, his trial has yet to begin due to unreasonable delays initiated by defense lawyers and permitted by the judiciary. The convictions raise serious questions about the role of the Honduran military in her assassination, including higher ranks in the chain of command within the military as well as the identity of the intellectual authors of the assassination. Evidence in the documents in the case file indicate that members of the Honduran elite were responsible for ordering Caceres's assassination, and remain in impunity. Evidence also indicates possible involvement of individuals of higher rank in the military, but there is no indication that prosecutors are investigating these individuals. (20) The Government of Honduras continues to unduly limit legally mandated access by Ms. Caceres's family to participation in the prosecution as permitted under Honduran law. (21) In this context of corruption and human rights abuses, trade unionists, journalists, lawyers, Afro-Indigenous activists, Indigenous activists, small-farmer activists, LGBTI activists, human rights defenders, environmental defenders, and critics of the government remain at severe risk; and previous human rights abuses against them remain largely unpunished. (22) Journalists continue to be attacked with impunity. On May 2, 2016, prominent opposition journalist Felix Molina was shot multiple times in the legs hours after he had posted information potentially linking Caceres's killing to a top government official, members of an elite family, and one of the prosecutors in the case. Those who report on protests against the government are threatened and attacked by state security forces. On November 26, 2018, journalist Geovanny Sierra from the UNETV opposition television station was in the process of reporting on the repression by security forces of a protest marking the one-year anniversary of the disputed 2017 elections when he was fired upon by members of the police assigned to the National Penitentiary. He survived the attack but suffered extensive injuries to his right arm. Both cases remain in impunity. Four journalists were killed in 2020. (23) United States agencies allocated approximately $39 million that Congress appropriated through the Consolidated Appropriations Act, 2017, to the Honduran police and military for fiscal year 2017. (24) The Inter-American Development Bank lent $60,000,000 to the Honduran police between 2012 and 2018, with United States approval. SEC. 3. SUSPENSION AND RESTRICTIONS OF SECURITY ASSISTANCE EXTENDED TO REPUBLIC OF HONDURAS UNLESS CERTAIN CONDITIONS HAVE BEEN MET. (a) Suspension of Security Assistance.--No funds may be made available to provide assistance for the police or military of the Republic of Honduras, including assistance for equipment and training. (b) Loans From Multilateral Development Banks.--The Secretary of the Treasury shall instruct United States representatives at multilateral development banks to vote no on any loans for the police or military of the Republic of Honduras. SEC. 4. CONDITIONS FOR LIFTING SUSPENSIONS AND RESTRICTIONS. The provisions of this Act shall terminate on the date on which the Secretary of State determines and certifies to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that the Government of Honduras has-- (1) pursued all legal avenues to bring to trial and obtain a verdict of all those who ordered and carried out-- (A) the March 2, 2016, murder of Berta Caceres; (B) the killings of over 100 small-farmer activists in the Aguan Valley; (C) the killings of 22 people and forced disappearance of 1 person by state security forces in the context of the 2017 postelectoral crisis; (D) the May 3, 2016, armed attack on journalist Felix Molina, and the November 26, 2018, shooting of journalist Geovanny Sierra; (E) the July 18, 2020, forced disappearances of 4 Garifuna community leaders from Triunfo de la Cruz who were taken from their homes by heavily armed men wearing bulletproof vests and police uniforms; and (F) the December 26, 2020, killing of indigenous Lenca leader Felix Vasques in La Paz, and the December 28, 2020, killing of indigenous Tolupan leader Adan Mejia in Yoro; (2) investigated and successfully prosecuted members of military and police forces who are credibly found to have violated human rights, and ensured that the military and police cooperated in such cases, and that such violations have ceased; (3) withdrawn the military from domestic policing, in accordance with the Honduran Constitution, and ensured that all domestic police functions are separated from the command and control of the Armed Forces of Honduras and are instead directly responsible to civilian authority; (4) established that it protects effectively the rights of trade unionists, journalists, human rights defenders, the Indigenous, the Afro-Indigenous, small-farmers, LGBTI activists, critics of the government, and other civil society activists to operate without interference; and (5) taken effective steps to fully establish the rule of law and to guarantee a judicial system that is capable of investigating, prosecuting, and bringing to justice members of the police and military who have committed human rights abuses. <all>

Berta Cáceres Human Rights in Honduras Act

To suspend United States security assistance with Honduras until such time as human rights violations by Honduran security forces cease and their perpetrators are brought to justice.

Berta Cáceres Human Rights in Honduras Act

Rep. Johnson, Henry C. "Hank," Jr.

D

GA

H.R.3282

Environmental Protection

Drinking Water Funding for the Future Act of 2021 This bill reauthorizes through FY2026 several drinking water programs, such as programs concerning efforts to

To reauthorize funding for drinking water programs under the Safe Drinking Water Act and America's Water Infrastructure Act of 2018, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Drinking Water Funding for the Future Act of 2021''. SEC. 2. EXTENSIONS OF AUTHORIZATIONS. (a) Community Water System Risk and Resilience.--Section 1433(g)(6) of the Safe Drinking Water Act (42 U.S.C. 300i-2(g)(6)) is amended by striking ``and 2021'' and inserting ``through 2026''. (b) Technical Assistance for Innovative Water Technologies.-- Section 1442(f)(2) of the Safe Drinking Water Act (42 U.S.C. 300j- 1(f)(2)) is amended by striking ``2021'' and inserting ``2026''. (c) Grants for State Programs.--Section 1443(a)(7) of the Safe Drinking Water Act (42 U.S.C. 300j-2(a)(7)) is amended by striking ``and 2021'' and inserting ``through 2026''. (d) Monitoring Program for Certain Unregulated Contaminants.-- Section 1445(a)(2)(H) of the Safe Drinking Water Act (42 U.S.C. 300j- 4(a)(2)(H)) is amended by striking ``2021'' and inserting ``2026''. (e) Capitalization Grants to States for State Drinking Water Treatment Revolving Loan Funds.--Section 1452(m)(1)(C) of the Safe Drinking Water Act (42 U.S.C. 300j-12(m)(1)(C)) is amended by striking ``for fiscal year 2021'' and inserting ``for each of fiscal years 2021 through 2026''. (f) Source Water Petition Program.--Section 1454(e) of the Safe Drinking Water Act (42 U.S.C. 300j-14(e)) is amended by striking ``2021'' and inserting ``2026''. (g) Assistance for Small and Disadvantaged Communities.--Section 1459A(k) of the Safe Drinking Water Act (42 U.S.C. 300j-19a(k)) is amended by striking ``2021'' and inserting ``2026''. (h) Reducing Lead in Drinking Water.--Section 1459B(d) of the Safe Drinking Water Act (42 U.S.C. 300j-19b(d)) is amended by striking ``2021'' and inserting ``2026''. (i) Voluntary School and Child Care Program Lead Testing Grant Program.--Section 1464(d)(8) of the Safe Drinking Water Act (42 U.S.C. 300j-24(d)(8)) is amended by striking ``and 2021'' and inserting ``through 2026''. (j) Drinking Water Fountain Replacement for Schools.--Section 1465(d) of the Safe Drinking Water Act (42 U.S.C. 300j-25(d)) is amended by striking ``2021'' and inserting ``2026''. (k) Water Infrastructure Finance and Innovation.-- (1) General funding.--Section 5033(a)(2) of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3912(a)(2)) is amended-- (A) in the paragraph heading, by striking ``and 2021'' and inserting ``through 2026''; and (B) by striking ``and 2021'' and inserting ``through 2026''. (2) Administrative costs.--Section 5033(b)(2) of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3912(b)(2)) is amended-- (A) in the paragraph heading, by striking ``and 2021'' and inserting ``through 2026''; and (B) by striking ``and 2021'' and inserting ``through 2026''. (3) Assistance for state infrastructure financing authorities.--Section 5033(e)(1) of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3912(e)(1)) is amended by striking ``and 2021'' and inserting ``through 2026''. (l) Indian Reservation Drinking Water Program.--Section 2001(d) of America's Water Infrastructure Act of 2018 (42 U.S.C. 300j-3c note) is amended by striking ``2022'' and inserting ``2026''. (m) Water Infrastructure and Workforce Investment.--Section 4304(b)(4) of America's Water Infrastructure Act of 2018 (42 U.S.C. 300j-19e) is amended by striking ``and 2020'' and inserting ``through 2026''. <all>

Drinking Water Funding for the Future Act of 2021

To reauthorize funding for drinking water programs under the Safe Drinking Water Act and America's Water Infrastructure Act of 2018, and for other purposes.

Drinking Water Funding for the Future Act of 2021

Rep. McKinley, David B.

R

WV

H.R.9575

Immigration

No Taxpayer Funds for Illegal Alien Abortions Act This bill prohibits the Department of Health and Human Services or U.S. Immigration and Customs Enforcement from using federal funds to (1) pay for an abortion except if the life of the mother is endangered or the pregnancy was a result of rape or incest, or (2) require any person to perform or facilitate any abortion.

To prohibit any employee or contractor of U.S. Immigration and Customs Enforcement or the Department of Health and Human Services from transporting any alien across State lines for the purpose of procuring an abortion for such alien. Be it enacted by the Senate 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 Taxpayer Funds for Illegal Alien Abortions Act''. SEC. 2. RESTRICTION ON THE TRANSPORTATION OF ALIENS. Notwithstanding any other provision of law, an employee or contractor of U.S. Immigration and Customs Enforcement or the Department of Health and Human Services, acting within the scope of the individual's employment or contract, may not transport, or arrange for the transportation of, any alien who is unlawfully present in the United States across any State line for the purpose of procuring an abortion for such alien. SEC. 3. LIMITATIONS ON THE USE OF FEDERAL FUNDS FOR ABORTIONS. No funds authorized or appropriated by Federal law for U.S. Immigration and Customs Enforcement or for the Department of Health and Human Services may be used or made available-- (1) to pay for an abortion, except in instances in which-- (A) the life of the mother would be endangered if the fetus were carried to term; or (B) the pregnancy was the result of rape or incest; or (2) to require any person to perform, or to facilitate in any way the performance of, any abortion. <all>

No Taxpayer Funds for Illegal Alien Abortions Act

To prohibit any employee or contractor of U.S. Immigration and Customs Enforcement or the Department of Health and Human Services from transporting any alien across State lines for the purpose of procuring an abortion for such alien.

No Taxpayer Funds for Illegal Alien Abortions Act

Rep. Boebert, Lauren

R

CO

H.R.9097

Education

Public Service Reward Act This bill makes changes to the Public Service Loan Forgiveness (PSLF) program. Among these changes, the bill (1) directs the Department of Education to provide partial loan forgiveness to a borrower for every 12 months of qualifying payments and employment, and (2) makes additional loan types (e.g., Federal Family Education Loans and Perkins Loans) eligible for forgiveness under the PSLF program.

To expand and improve the Public Service Loan Forgiveness 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 ``Public Service Reward Act''. SEC. 2. PUBLIC SERVICE LOAN FORGIVENESS EXPANSION AND IMPROVEMENTS. Section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)) is amended-- (1) by amending paragraph (1) to read as follows: ``(1) Forgiveness for public service.-- ``(A) In general.--The Secretary shall forgive the appropriate amount of the balance due (as determined in accordance with paragraph (2)) on any eligible Federal loan not in default for a borrower who, after October 1, 2007-- ``(i) has been employed full-time in a public service job for 12 months; and ``(ii) for each of the 12 months of employment described in clause (i), has made a monthly payment on the eligible Federal loan. ``(B) Method of loan forgiveness.--To provide loan forgiveness under this paragraph, the Secretary is authorized to carry out a program-- ``(i) through the holder of the loan, to assume the obligation to repay a qualified loan amount for a loan made, insured, or guaranteed under part B of this title; ``(ii) to cancel a qualified loan amount for a loan made under this part; and ``(iii) to cancel a qualified loan amount for a loan made under part E, and to make payments to institutions of higher education for an amount equal to the aggregate of the amounts of loans from its student loan fund which are canceled pursuant to this subsection, in accordance with the requirements of section 465(b). ``(C) Special rules.-- ``(i) Forgiveness of parent plus loans.--A borrower of a loan under section 428B, or a Federal Direct PLUS loan, made on behalf of a dependent student may receive loan forgiveness under this subsection for such loan made on behalf on a dependent student if the borrower meets the requirements under this subsection. ``(ii) No disruption for consolidation.-- With respect to a borrower who is employed full-time in a public service job, monthly loan payments made by the borrower on an eligible Federal loan before such loan is consolidated into a consolidation loan that is an eligible Federal loan under this subsection shall be considered to be qualifying monthly loan payments on such consolidation loan for the purpose of calculating the number of months that the borrower has been making qualifying payments on such consolidation loan under subparagraph (A)(ii). ``(D) Rules of construction.--Nothing in this subsection shall be construed to-- ``(i) require that a borrower perform the 12 months of employment or make the 12 monthly payments described in subparagraph (A) consecutively in order to qualify for loan forgiveness under this subsection; ``(ii) require that a borrower be employed in a public service job at the time that the borrower receives forgiveness under this subsection; or ``(iii) authorize the refunding of any repayment of a loan, except that a borrower may be reimbursed for any payment made after the date on which the borrower has been approved for forgiveness under this subsection and before the date on which the Secretary carries out such forgiveness. ``(E) Loan forgiveness not taxable income.--The amount of a loan, including interest on a loan, forgiven under this subsection shall not be considered income for purposes of the Internal Revenue Code of 1986. ``(F) Standard procedures.--Not later than 180 days after the date of enactment of the Public Service Reward Act, the Secretary shall develop and make publicly available the procedures the Secretary (including the contractors and servicers involved) will use to-- ``(i) determine whether a borrower meets the requirements for loan forgiveness under this subsection; ``(ii) determine the amount of forgiveness for which a borrower is eligible under paragraph (2); and ``(iii) inform any borrower who applies for and is denied loan forgiveness under this subsection of-- ``(I) the reason the borrower's application was denied; and ``(II) the procedures necessary for the borrower to appeal the denial; and ``(iv) accept and evaluate an appeal from a borrower who is denied loan forgiveness under this subsection.''; (2) by amending paragraph (2) to read as follows: ``(2) Loan forgiveness amounts.-- ``(A) In general.--After completion by a borrower of 12 months of employment and qualifying payments described in paragraph (1)(A), the Secretary shall forgive an appropriate amount of the balance due on the eligible Federal loans made to the borrower, as determined in accordance with subparagraphs (B) and (C), except that in no case shall the total amount forgiven by the Secretary under this paragraph exceed the outstanding balance of principal and interest due on the eligible Federal loans of the borrower on the date the borrower is approved for such forgiveness. ``(B) Forgiveness amounts.--The appropriate amount of forgiveness provided by the Secretary to a borrower for completing 12 months of employment and qualifying payments described in paragraph (1)(A) shall be-- ``(i) for each of the first, second, third, fourth, and fifth times the borrower completes 12 months of such employment and qualifying payments, an amount equal to the total amount of interest that accrued on each of the eligible Federal loans of the borrower during each of such 12 months; ``(ii) for each of the sixth, seventh, eighth, and ninth times the borrower completes 12 months of such employment and qualifying payments, an amount equal to the sum of-- ``(I) the total amount of interest that accrued on each of the eligible Federal loans of the borrower during each of such 12 months; and ``(II) 5 percent of the total amount outstanding (including principal and interest) on each of the eligible Federal loans of the borrower on the date each such loan first entered repayment; and ``(iii) for the tenth time the borrower completes 12 months of such employment and qualifying payments, 100 percent of the outstanding balance of principal and interest due on each of the eligible Federal loans of the borrower on the date the borrower is approved for such forgiveness. ``(C) Calculation of forgiveness amounts for past public service.--In the case of a borrower who has completed at least 12 months of employment and qualifying payments described in paragraph (1)(A) (including monthly loan payments before consolidation, as described in paragraph (1)(C)(ii)) prior to the date of enactment of this subsection, the appropriate amount of forgiveness provided by the Secretary shall be-- ``(i) in the case of a borrower who has completed 12 months of such employment and qualifying payments at least 10 times, but who has not received loan cancellation under this subsection (as it was in effect on the day before the date of enactment of the Public Service Reward Act), 100 percent of the outstanding balance of principal and interest due on each of the eligible Federal loans of the borrower on the date the borrower is approved for such forgiveness; and ``(ii) in the case of a borrower who has completed 12 months of such employment and qualifying payments at least one time but not more than 9 times, for each such time the borrower completed 12 months of such employment and qualifying payments in accordance with subparagraph (B), an amount equal to the total amount of interest that accrued on each of the eligible Federal loans of the borrower during each of such 12 months. ``(D) Past service determination.--A borrower who has completed at least 12 months of employment and qualifying payments described in subparagraph (C) shall be eligible for forgiveness under this subsection regardless of whether the borrower would have been eligible for cancellation as a result of such employment and payments under this subsection as it was in effect on the day before the date of enactment of the Public Service Reward Act.''; (3) in paragraph (3)-- (A) by amending subparagraph (A) to read as follows: ``(A) Eligible federal loan.--The term `eligible Federal Loan' means any loan made, insured, or guaranteed under part B, this part, or part E.''; (B) by redesignating subparagraph (B) as subparagraph (C), and by inserting before subparagraph (C) (as so redesignated) the following: ``(B) Monthly payment.--The term `monthly payment' means a loan payment of not less than the minimum monthly amount due, as required by law or the terms of the loan, based on the repayment plan applicable to the loan.''; and (C) by adding at the end the following: ``(D) Temporary expanded pslf program.--The term `temporary expanded PSLF program' includes each loan cancellation program under the following provisions of law: ``(i) section 315 of title III of division H of the Consolidated Appropriations Act, 2018 (Public Law 115-141; 132 Stat. 752 et seq.); ``(ii) section 313 of title III of division B the Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019 and Continuing Appropriations Act, 2019 (Public Law 115-245); ``(iii) section 312 of title III of division A of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94); and ``(iv) section 310 of Title III of division H of the Omnibus Appropriations Act, 2021 (Public Law 116-260).''; and (4) by adding at the end the following new paragraphs: ``(5) Notices regarding pslf expansion and requirements.-- ``(A) General notice.--Not later than one year after the date of enactment of the Public Service Reward Act, the Secretary shall make publicly available, in simple and understandable terms, information about the loan forgiveness program under this subsection, the changes made to the program by the Public Service Reward Act, and how such changes may affect the eligibility of borrowers of eligible Federal loans for loan forgiveness under this subsection. Such information shall be easily accessible through the website of the Department of Education. ``(B) Notice to all eligible federal loan borrowers.--Not later than 6 months after the date of enactment of the Public Service Reward Act, the Secretary of Education shall notify all eligible Federal loan borrowers of the changes made to the program under this subsection by the Public Service Reward Act, and how such changes may affect the eligibility of borrowers for loan forgiveness under this subsection. ``(C) Notices for borrowers denied loan cancellation or loan forgiveness.--Not later than 6 months after the date of enactment of the Public Service Reward Act, the Secretary shall-- ``(i) identify and inform each borrower who applied for and was denied loan cancellation under this subsection (as in effect on the day before the date of enactment of the Public Service Reward Act) of-- ``(I) the reason the borrower's application was denied; and ``(II) the changes made to the program under this subsection by the Public Service Reward Act, and how such changes may affect the eligibility of the borrower for loan forgiveness under this subsection; ``(ii) determine whether each such borrower qualifies for loan forgiveness under this subsection, and if so, forgive the borrower's loans in accordance with this subsection (as in effect on the date of such forgiveness); ``(iii) in the case of such a borrower who does not qualify for loan forgiveness under this subsection, notify the borrower of-- ``(I) any options to qualify for loan forgiveness under this subsection, and how to successfully pursue such options; and ``(II) the procedures necessary for the borrower to appeal the determination that the borrower does not qualify for such loan forgiveness; and ``(iv) develop a process to inform any borrower who applies for and is denied loan forgiveness under this subsection after the date of enactment of the Public Service Reward Act of-- ``(I) the reason the borrower's application was denied; and ``(II) the procedures necessary for the borrower to appeal the denial. ``(D) Notice to employers.--With respect to each employer listed in the database described in paragraph (6), the Secretary shall, on an annual basis and in a manner that is consistent with Federal laws on data privacy-- ``(i) provide each such employer with standardized information on the program under this subsection, including eligibility requirements; and ``(ii) encourage the employer to provide such information to employees. ``(E) Notice to institutions of higher education.-- With respect to each institution of higher education participating in any program under this title, the Secretary shall, on an annual basis, provide each such institution with standardized information on the program under this subsection, including eligibility requirements for loan forgiveness. ``(F) Accessibility of notices to borrowers.--In carrying out subparagraphs (A), (B), and (C), the Secretary shall-- ``(i) in conjunction with the Bureau of the Census, determine the most common languages spoken by English learner students and their parents in the United States; ``(ii) develop and make publicly available versions of such notices in not fewer than 5 of the most common languages determined under clause (i) and make such versions available and accessible to borrowers in paper and electronic formats; and ``(iii) ensure that such notices are available in formats accessible to individuals with disabilities and compliant with the most recent Web Content Accessibility Guidelines, or successor guidelines. ``(6) Database of public service jobs; data matching.-- ``(A) Database.--Not later than 18 months after the date of enactment of the Public Service Reward Act, the Secretary shall establish and maintain a publicly accessible database of employers that employ individuals in public service jobs. In establishing such database, the Secretary shall consult with relevant Federal agencies that possess records about the status of borrowers of eligible Federal loans as employees in public service jobs. ``(B) Data matching agreements.-- ``(i) In general.--The Secretary shall enter into data matching agreements with relevant Federal agencies that possess records about the status of borrowers of eligible Federal loans as employees in public service jobs for the purpose of eliminating, to the extent practicable, the need for a borrower or an employer to submit a certification of employment to the Secretary. Such data matching agreements may-- ``(I) permit the Secretary to identify and notify borrowers of potential eligibility for loan forgiveness under this subsection; and ``(II) include identifying borrowers using employer identification numbers. ``(ii) Specific federal agencies.-- Notwithstanding any Federal law, the Secretary of Labor, the Commissioner of Internal Revenue, and the Commissioner of Social Security shall disclose any relevant records to the Secretary for the purposes of meeting the Secretary's obligations to reduce barriers to certification of employment as described in subparagraph (A). ``(iii) Notice to borrowers.--If the Secretary receives employer or employment information regarding a borrower from a Federal agency pursuant to this paragraph, the Secretary shall timely notify the borrower that the Secretary received such information. ``(C) Report.--Not later than 180 days after the date of enactment of the Public Service Reward Act, the Secretary, jointly with the heads of relevant Federal agencies, shall report to the authorizing committees on the progress being made to create the database required under subparagraph (A) and to implement the data matching agreements required under subparagraph (B). ``(7) Online portal.-- ``(A) Borrowers.--Not later than 18 months after the date of enactment of the Public Service Reward Act, the Secretary shall ensure that borrowers have access to an online portal that provides each borrower who signs on to such portal with the following: ``(i) Instructions on how to access the database under paragraph (6) so that the borrower can determine whether the borrower is employed in a public service job. ``(ii) An identification of the loans of the borrower that are eligible Federal loans. ``(iii) With respect to each such eligible Federal loan, the number of monthly payments on such loan that qualify as a monthly payment under paragraph (1)(A), and the estimated number of monthly payments under paragraph (1)(A) remaining on such loan before the borrower may be eligible for loan forgiveness under this subsection. ``(iv) With respect to each loan of the borrower that is not eligible for loan forgiveness under this subsection, an explanation of why the loan is not so eligible and instructions on what, if anything, the borrower may do to make the loan so eligible. ``(v) Instructions for the submission of any forms associated with such loan forgiveness, and an ability for the borrower to use the portal to electronically sign and submit such forms. ``(B) Employers.--The Secretary shall ensure that an employer of a borrower has the ability to electronically sign and submit any forms associated with loan forgiveness under this subsection. ``(C) Information.--The Secretary shall ensure that any information provided through the online portal described in this paragraph-- ``(i) is up-to-date information; and ``(ii) is provided in a written format, through email or regular mail, if so requested by the borrower or employer. ``(8) Reports.-- ``(A) Final report on loan cancellation.--Not later than 180 days after the date of enactment of the Public Service Reward Act, the Secretary shall submit to the authorizing committees and make publicly available a final report on loan cancellation under this subsection on and before such date of enactment, including-- ``(i) the number of borrowers who received loan cancellation under this subsection (as in effect on the day before such date of enactment) on or before such date of enactment, and the number and percentage of such borrowers whose application for such loan cancellation had been previously denied before receiving such cancellation; ``(ii) the total number of borrowers whose application for loan cancellation under this subsection (as in effect on the day before such date of enactment) that was submitted on or before such date of enactment was denied, and a description of why each such application was so denied; ``(iii) the number of borrowers described in clause (ii) who contacted the Secretary (on or before such date of enactment) to determine how to qualify for such loan cancellation or for loan cancellation under the temporary expanded PSLF program; and ``(iv) a list of reasons why certain payments made on eligible Federal Direct loans did not qualify as one of the monthly payments described in paragraph (1)(A) (as such paragraph was in effect on the day before such date of enactment). ``(B) Annual report on loan forgiveness.--Beginning in fiscal year 2024 and annually thereafter, the Secretary shall submit to the authorizing committees an annual report with respect to the preceding fiscal year, on-- ``(i) the number of borrowers who received loan forgiveness under this subsection after the date of enactment of the Public Service Reward Act; ``(ii) the number and percentage of borrowers described in clause (i) whose application for loan cancellation under this subsection (as in effect on the day before such date of enactment) was denied on or before such date of enactment; and ``(iii) the number and percentage of borrowers whose application for loan forgiveness under this subsection was denied, including-- ``(I) a description of why each such application was so denied; and ``(II) whether each such borrower had, on or before such date of enactment, submitted an application for loan cancellation under this subsection (as in effect on the day before such date of enactment) that was denied.''. SEC. 3. AUTHORIZATION OF DISCLOSURE BY SECRETARY OF THE TREASURY. (a) In General.--Section 6103(l)(13) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(G) Public service loan forgiveness.--The Secretary shall, upon written request from the Secretary of Education, disclose to any authorized person, only for the purpose of (and to the extent necessary in) discharging loans, maintaining the public service jobs database, and entering into data matching agreements under section 455(m) of the Higher Education Act of 1965, the following return information from returns (for any taxable year specified by the Secretary of Education as relevant to such purpose) of an individual: ``(i) The return information described in clauses (i) and (vi) of subparagraph (A). ``(ii) The employer identification number of each employer employing the individual during a specified taxable year. ``(iii) Verification of whether an individual was employed by an employer during a specified taxable year. ``(iv) The name of each employer employing the individual during a specified taxable year. ``(v) The type indicator of the employer employing the individual during a specified taxable year.''. (b) Conforming Amendments.-- (1) Section 6103(p) of such Code is amended-- (A) in paragraph (3)(A), by inserting ``(13)(G),'' before ``(14)'', and (B) in paragraph (4) by inserting ``(13)(G),'' after ``(13)(D)(i),'' each place it appears. (2) Section 7213(a)(2) of such Code is amended by inserting ``(13)(G),'' after ``(10), (12),''. (c) Effective Date.--The amendments made by this section shall apply to disclosures made on or after the date of the enactment of this Act. <all>

Public Service Reward Act

To expand and improve the Public Service Loan Forgiveness Program, and for other purposes.

Public Service Reward Act

Rep. Clyburn, James E.

D

SC

S.3600

Government Operations and Politics

Strengthening American Cybersecurity Act of 2022 This bill addresses cybersecurity threats against critical infrastructure and the federal government. The Cybersecurity and Infrastructure Security Agency (CISA) must perform ongoing and continuous assessments of federal risk posture. An agency, within a specified time frame, must (1) determine whether notice to any individual potentially affected by a breach is appropriate based on a risk assessment; and (2) as appropriate, provide written notice to each individual potentially affected. Each agency must (1) provide information relating to a major incident to specified parties, and (2) develop specified training for individuals with access to federal information or information systems. The bill requires reporting and other actions to address cybersecurity incidents. Entities that own or operate critical infrastructure must report cyber incidents and ransom payments within specified time frames. The bill limits the use and disclosure of reported information. The bill establishes (1) an interagency council to standardize federal reporting of cybersecurity threats, (2) a task force on ransomware attacks, and (3) a pilot program to identify information systems vulnerable to such attacks. The bill provides statutory authority for the Federal Risk and Authorization Management Program (FedRAMP) within the General Services Administration (GSA). FedRAMP is a government-wide program that provides a standardized approach to security assessment, authorization, and continuous monitoring for cloud computing products and services. The bill establishes a FedRAMP Board to examine the operations of FedRAMP and the Federal Secure Cloud Advisory Committee.

To improve the cybersecurity of the Federal Government, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening American Cybersecurity Act of 2022''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--FEDERAL INFORMATION SECURITY MODERNIZATION ACT OF 2022 Sec. 101. Short title. Sec. 102. Definitions. Sec. 103. Title 44 amendments. Sec. 104. Amendments to subtitle III of title 40. Sec. 105. Actions to enhance Federal incident transparency. Sec. 106. Additional guidance to agencies on FISMA updates. Sec. 107. Agency requirements to notify private sector entities impacted by incidents. Sec. 108. Mobile security standards. Sec. 109. Data and logging retention for incident response. Sec. 110. CISA agency advisors. Sec. 111. Federal penetration testing policy. Sec. 112. Ongoing threat hunting program. Sec. 113. Codifying vulnerability disclosure programs. Sec. 114. Implementing zero trust architecture. Sec. 115. Automation reports. Sec. 116. Extension of Federal acquisition security council and software inventory. Sec. 117. Council of the Inspectors General on Integrity and Efficiency dashboard. Sec. 118. Quantitative cybersecurity metrics. Sec. 119. Establishment of risk-based budget model. Sec. 120. Active cyber defensive study. Sec. 121. Security operations center as a service pilot. Sec. 122. Extension of Chief Data Officer Council. Sec. 123. Federal Cybersecurity Requirements. TITLE II--CYBER INCIDENT REPORTING FOR CRITICAL INFRASTRUCTURE ACT OF 2022 Sec. 201. Short title. Sec. 202. Definitions. Sec. 203. Cyber incident reporting. Sec. 204. Federal sharing of incident reports. Sec. 205. Ransomware vulnerability warning pilot program. Sec. 206. Ransomware threat mitigation activities. Sec. 207. Congressional reporting. TITLE III--FEDERAL SECURE CLOUD IMPROVEMENT AND JOBS ACT OF 2022 Sec. 301. Short title. Sec. 302. Findings. Sec. 303. Title 44 amendments. TITLE I--FEDERAL INFORMATION SECURITY MODERNIZATION ACT OF 2022 SEC. 101. SHORT TITLE. This title may be cited as the ``Federal Information Security Modernization Act of 2022''. SEC. 102. DEFINITIONS. In this title, unless otherwise specified: (1) Additional cybersecurity procedure.--The term ``additional cybersecurity procedure'' has the meaning given the term in section 3552(b) of title 44, United States Code, as amended by this title. (2) Agency.--The term ``agency'' has the meaning given the term in section 3502 of title 44, United States Code. (3) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Oversight and Reform of the House of Representatives; and (C) the Committee on Homeland Security of the House of Representatives. (4) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (5) Incident.--The term ``incident'' has the meaning given the term in section 3552(b) of title 44, United States Code. (6) National security system.--The term ``national security system'' has the meaning given the term in section 3552(b) of title 44, United States Code. (7) Penetration test.--The term ``penetration test'' has the meaning given the term in section 3552(b) of title 44, United States Code, as amended by this title. (8) Threat hunting.--The term ``threat hunting'' means proactively and iteratively searching systems for threats that evade detection by automated threat detection systems. SEC. 103. TITLE 44 AMENDMENTS. (a) Subchapter I Amendments.--Subchapter I of chapter 35 of title 44, United States Code, is amended-- (1) in section 3504-- (A) in subsection (a)(1)(B)-- (i) by striking clause (v) and inserting the following: ``(v) confidentiality, privacy, disclosure, and sharing of information;''; (ii) by redesignating clause (vi) as clause (vii); and (iii) by inserting after clause (v) the following: ``(vi) in consultation with the National Cyber Director, security of information; and''; and (B) in subsection (g), by striking paragraph (1) and inserting the following: ``(1) develop and oversee the implementation of policies, principles, standards, and guidelines on privacy, confidentiality, disclosure, and sharing, and in consultation with the National Cyber Director, oversee the implementation of policies, principles, standards, and guidelines on security, of information collected or maintained by or for agencies; and''; (2) in section 3505-- (A) by striking the first subsection designated as subsection (c); (B) in paragraph (2) of the second subsection designated as subsection (c), by inserting ``an identification of internet accessible information systems and'' after ``an inventory under this subsection shall include''; (C) in paragraph (3) of the second subsection designated as subsection (c)-- (i) in subparagraph (B)-- (I) by inserting ``the Director of the Cybersecurity and Infrastructure Security Agency, the National Cyber Director, and'' before ``the Comptroller General''; and (II) by striking ``and'' at the end; (ii) in subparagraph (C)(v), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(D) maintained on a continual basis through the use of automation, machine-readable data, and scanning, wherever practicable.''; (3) in section 3506-- (A) in subsection (a)(3), by inserting ``In carrying out these duties, the Chief Information Officer shall coordinate, as appropriate, with the Chief Data Officer in accordance with the designated functions under section 3520(c).'' after ``reduction of information collection burdens on the public.''; (B) in subsection (b)(1)(C), by inserting ``, availability'' after ``integrity''; and (C) in subsection (h)(3), by inserting ``security,'' after ``efficiency,''; and (4) in section 3513-- (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following: ``(c) Each agency providing a written plan under subsection (b) shall provide any portion of the written plan addressing information security to the Secretary of the Department of Homeland Security and the National Cyber Director.''. (b) Subchapter II Definitions.-- (1) In general.--Section 3552(b) of title 44, United States Code, is amended-- (A) by redesignating paragraphs (1), (2), (3), (4), (5), (6), and (7) as paragraphs (2), (4), (5), (6), (7), (9), and (11), respectively; (B) by inserting before paragraph (2), as so redesignated, the following: ``(1) The term `additional cybersecurity procedure' means a process, procedure, or other activity that is established in excess of the information security standards promulgated under section 11331(b) of title 40 to increase the security and reduce the cybersecurity risk of agency systems.''; (C) by inserting after paragraph (2), as so redesignated, the following: ``(3) The term `high value asset' means information or an information system that the head of an agency, using policies, principles, standards, or guidelines issued by the Director under section 3553(a), determines to be so critical to the agency that the loss or corruption of the information or the loss of access to the information system would have a serious impact on the ability of the agency to perform the mission of the agency or conduct business.''; (D) by inserting after paragraph (7), as so redesignated, the following: ``(8) The term `major incident' has the meaning given the term in guidance issued by the Director under section 3598(a).''; (E) by inserting after paragraph (9), as so redesignated, the following: ``(10) The term `penetration test'-- ``(A) means an authorized assessment that emulates attempts to gain unauthorized access to, or disrupt the operations of, an information system or component of an information system; and ``(B) includes any additional meaning given the term in policies, principles, standards, or guidelines issued by the Director under section 3553(a).''; and (F) by inserting after paragraph (11), as so redesignated, the following: ``(12) The term `shared service' means a centralized business or mission capability that is provided to multiple organizations within an agency or to multiple agencies.''. (2) Conforming amendments.-- (A) Homeland security act of 2002.--Section 1001(c)(1)(A) of the Homeland Security Act of 2002 (6 U.S.C. 511(1)(A)) is amended by striking ``section 3552(b)(5)'' and inserting ``section 3552(b)''. (B) Title 10.-- (i) Section 2222.--Section 2222(i)(8) of title 10, United States Code, is amended by striking ``section 3552(b)(6)(A)'' and inserting ``section 3552(b)(9)(A)''. (ii) Section 2223.--Section 2223(c)(3) of title 10, United States Code, is amended by striking ``section 3552(b)(6)'' and inserting ``section 3552(b)''. (iii) Section 2315.--Section 2315 of title 10, United States Code, is amended by striking ``section 3552(b)(6)'' and inserting ``section 3552(b)''. (iv) Section 2339a.--Section 2339a(e)(5) of title 10, United States Code, is amended by striking ``section 3552(b)(6)'' and inserting ``section 3552(b)''. (C) High-performance computing act of 1991.-- Section 207(a) of the High-Performance Computing Act of 1991 (15 U.S.C. 5527(a)) is amended by striking ``section 3552(b)(6)(A)(i)'' and inserting ``section 3552(b)(9)(A)(i)''. (D) Internet of things cybersecurity improvement act of 2020.--Section 3(5) of the Internet of Things Cybersecurity Improvement Act of 2020 (15 U.S.C. 278g- 3a) is amended by striking ``section 3552(b)(6)'' and inserting ``section 3552(b)''. (E) National defense authorization act for fiscal year 2013.--Section 933(e)(1)(B) of the National Defense Authorization Act for Fiscal Year 2013 (10 U.S.C. 2224 note) is amended by striking ``section 3542(b)(2)'' and inserting ``section 3552(b)''. (F) Ike skelton national defense authorization act for fiscal year 2011.--The Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111- 383) is amended-- (i) in section 806(e)(5) (10 U.S.C. 2304 note), by striking ``section 3542(b)'' and inserting ``section 3552(b)''; (ii) in section 931(b)(3) (10 U.S.C. 2223 note), by striking ``section 3542(b)(2)'' and inserting ``section 3552(b)''; and (iii) in section 932(b)(2) (10 U.S.C. 2224 note), by striking ``section 3542(b)(2)'' and inserting ``section 3552(b)''. (G) E-government act of 2002.--Section 301(c)(1)(A) of the E-Government Act of 2002 (44 U.S.C. 3501 note) is amended by striking ``section 3542(b)(2)'' and inserting ``section 3552(b)''. (H) National institute of standards and technology act.--Section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3) is amended-- (i) in subsection (a)(2), by striking ``section 3552(b)(5)'' and inserting ``section 3552(b)''; and (ii) in subsection (f)-- (I) in paragraph (3), by striking ``section 3532(1)'' and inserting ``section 3552(b)''; and (II) in paragraph (5), by striking ``section 3532(b)(2)'' and inserting ``section 3552(b)''. (c) Subchapter II Amendments.--Subchapter II of chapter 35 of title 44, United States Code, is amended-- (1) in section 3551-- (A) in paragraph (4), by striking ``diagnose and improve'' and inserting ``integrate, deliver, diagnose, and improve''; (B) in paragraph (5), by striking ``and'' at the end; (C) in paragraph (6), by striking the period at the end and inserting a semi colon; and (D) by adding at the end the following: ``(7) recognize that each agency has specific mission requirements and, at times, unique cybersecurity requirements to meet the mission of the agency; ``(8) recognize that each agency does not have the same resources to secure agency systems, and an agency should not be expected to have the capability to secure the systems of the agency from advanced adversaries alone; and ``(9) recognize that a holistic Federal cybersecurity model is necessary to account for differences between the missions and capabilities of agencies.''; (2) in section 3553-- (A) in subsection (a)-- (i) in paragraph (1), by inserting ``, in consultation with the Secretary and the National Cyber Director,'' before ``overseeing''; (ii) in paragraph (5), by striking ``and'' at the end; and (iii) by adding at the end the following: ``(8) promoting, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, the National Cyber Director, and the Director of the National Institute of Standards and Technology-- ``(A) the use of automation to improve Federal cybersecurity and visibility with respect to the implementation of Federal cybersecurity; and ``(B) the use of presumption of compromise and least privilege principles to improve resiliency and timely response actions to incidents on Federal systems.''; (B) in subsection (b)-- (i) in the matter preceding paragraph (1), by inserting ``and the National Cyber Director'' after ``Director''; and (ii) in paragraph (2)(A), by inserting ``and reporting requirements under subchapter IV of this chapter'' after ``section 3556''; and (C) in subsection (c)-- (i) in the matter preceding paragraph (1)-- (I) by striking ``each year'' and inserting ``each year during which agencies are required to submit reports under section 3554(c)''; and (II) by striking ``preceding year'' and inserting ``preceding 2 years''; (ii) by striking paragraph (1); (iii) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively; (iv) in paragraph (3), as so redesignated, by striking ``and'' at the end; (v) by inserting after paragraph (3), as so redesignated the following: ``(4) a summary of each assessment of Federal risk posture performed under subsection (i);''; and (vi) in paragraph (5), by striking the period at the end and inserting ``; and''; (D) by redesignating subsections (i), (j), (k), and (l) as subsections (j), (k), (l), and (m) respectively; (E) by inserting after subsection (h) the following: ``(i) Federal Risk Assessments.--On an ongoing and continuous basis, the Director of the Cybersecurity and Infrastructure Security Agency shall perform assessments of Federal risk posture using any available information on the cybersecurity posture of agencies, and brief the Director and National Cyber Director on the findings of those assessments including-- ``(1) the status of agency cybersecurity remedial actions described in section 3554(b)(7); ``(2) any vulnerability information relating to the systems of an agency that is known by the agency; ``(3) analysis of incident information under section 3597; ``(4) evaluation of penetration testing performed under section 3559A; ``(5) evaluation of vulnerability disclosure program information under section 3559B; ``(6) evaluation of agency threat hunting results; ``(7) evaluation of Federal and non-Federal cyber threat intelligence; ``(8) data on agency compliance with standards issued under section 11331 of title 40; ``(9) agency system risk assessments performed under section 3554(a)(1)(A); and ``(10) any other information the Director of the Cybersecurity and Infrastructure Security Agency determines relevant.''; (F) in subsection (j), as so redesignated-- (i) by striking ``regarding the specific'' and inserting ``that includes a summary of-- ``(1) the specific''; (ii) in paragraph (1), as so designated, by striking the period at the end and inserting ``; and'' and (iii) by adding at the end the following: ``(2) the trends identified in the Federal risk assessment performed under subsection (i).''; and (G) by adding at the end the following: ``(n) Binding Operational Directives.--If the Director of the Cybersecurity and Infrastructure Security Agency issues a binding operational directive or an emergency directive under this section, not later than 4 days after the date on which the binding operational directive requires an agency to take an action, the Director of the Cybersecurity and Infrastructure Security Agency shall provide to the Director, National Cyber Director, the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives the status of the implementation of the binding operational directive at the agency. ``(o) Review of Office of Management and Budget Guidance and Policy.-- ``(1) Review.-- ``(A) In general.--Not less frequently than once every 3 years, the Director, in consultation with the Chief Information Officers Council, the Director of the Cybersecurity and Infrastructure Security Agency, the National Cyber Director, the Comptroller General of the United States, and the Council of the Inspectors General on Integrity and Efficiency, shall-- ``(i) review the efficacy of the guidance and policy developed by the Director under subsection (a)(1) in reducing cybersecurity risks, including an assessment of the requirements for agencies to report information to the Director; and ``(ii) determine whether any changes to the guidance or policy developed under subsection (a)(1) is appropriate. ``(B) Considerations.--In conducting the review required under subparagraph (A), the Director shall consider-- ``(i) the Federal risk assessments performed under subsection (i); ``(ii) the cumulative reporting and compliance burden to agencies; and ``(iii) the clarity of the requirements and deadlines contained in guidance and policy documents. ``(2) Updated guidance.--Not later than 90 days after the date on which a review is completed under paragraph (1), the Director shall issue updated guidance or policy to agencies determined appropriate by the Director, based on the results of the review. ``(3) Public report.--Not later than 30 days after the date on which the Director completes a review under paragraph (1), the Director shall make publicly available a report that includes-- ``(A) an overview of the guidance and policy developed under subsection (a)(1) that is in effect; ``(B) the cybersecurity risk mitigation, or other cybersecurity benefit, offered by each guidance or policy described in subparagraph (A); ``(C) a summary of the guidance or policy developed under subsection (a)(1) to which changes were determined appropriate during the review; and ``(D) the changes that are anticipated to be included in the updated guidance or policy issued under paragraph (2). ``(4) Congressional briefing.--Not later than 60 days after the date on which a review is completed under paragraph (1), the Director shall provide to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a briefing on the review. ``(p) Automated Standard Implementation Verification.--When the Director of the National Institute of Standards and Technology issues a proposed standard pursuant to paragraphs (2) or (3) of section 20(a) of the National Institute of Standards and Technology Act (15 U.S.C. 278g- 3(a)), the Director of the National Institute of Standards and Technology shall consider developing and, if appropriate and practical, develop, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, specifications to enable the automated verification of the implementation of the controls within the standard.''; (3) in section 3554-- (A) in subsection (a)-- (i) in paragraph (1)-- (I) by redesignating subparagraphs (A), (B), and (C) as subparagraphs (B), (C), and (D), respectively; (II) by inserting before subparagraph (B), as so redesignated, the following: ``(A) on an ongoing and continuous basis, performing agency system risk assessments that-- ``(i) identify and document the high value assets of the agency using guidance from the Director; ``(ii) evaluate the data assets inventoried under section 3511 for sensitivity to compromises in confidentiality, integrity, and availability; ``(iii) identify agency systems that have access to or hold the data assets inventoried under section 3511; ``(iv) evaluate the threats facing agency systems and data, including high value assets, based on Federal and non-Federal cyber threat intelligence products, where available; ``(v) evaluate the vulnerability of agency systems and data, including high value assets, including by analyzing-- ``(I) the results of penetration testing performed by the Department of Homeland Security under section 3553(b)(9); ``(II) the results of penetration testing performed under section 3559A; ``(III) information provided to the agency through the vulnerability disclosure program of the agency under section 3559B; ``(IV) incidents; and ``(V) any other vulnerability information relating to agency systems that is known to the agency; ``(vi) assess the impacts of potential agency incidents to agency systems, data, and operations based on the evaluations described in clauses (ii) and (iv) and the agency systems identified under clause (iii); and ``(vii) assess the consequences of potential incidents occurring on agency systems that would impact systems at other agencies, including due to interconnectivity between different agency systems or operational reliance on the operations of the system or data in the system;''; (III) in subparagraph (B), as so redesignated, in the matter preceding clause (i), by striking ``providing information'' and inserting ``using information from the assessment conducted under subparagraph (A), providing information''; (IV) in subparagraph (C), as so redesignated-- (aa) in clause (ii) by inserting ``binding'' before ``operational''; and (bb) in clause (vi), by striking ``and'' at the end; and (V) by adding at the end the following: ``(E) providing an update on the ongoing and continuous assessment performed under subparagraph (A)-- ``(i) upon request, to the inspector general of the agency or the Comptroller General of the United States; and ``(ii) on a periodic basis, as determined by guidance issued by the Director but not less frequently than annually, to-- ``(I) the Director; ``(II) the Director of the Cybersecurity and Infrastructure Security Agency; and ``(III) the National Cyber Director; ``(F) in consultation with the Director of the Cybersecurity and Infrastructure Security Agency and not less frequently than once every 3 years, performing an evaluation of whether additional cybersecurity procedures are appropriate for securing a system of, or under the supervision of, the agency, which shall-- ``(i) be completed considering the agency system risk assessment performed under subparagraph (A); and ``(ii) include a specific evaluation for high value assets; ``(G) not later than 30 days after completing the evaluation performed under subparagraph (F), providing the evaluation and an implementation plan, if applicable, for using additional cybersecurity procedures determined to be appropriate to-- ``(i) the Director of the Cybersecurity and Infrastructure Security Agency; ``(ii) the Director; and ``(iii) the National Cyber Director; and ``(H) if the head of the agency determines there is need for additional cybersecurity procedures, ensuring that those additional cybersecurity procedures are reflected in the budget request of the agency;''; (ii) in paragraph (2)-- (I) in subparagraph (A), by inserting ``in accordance with the agency system risk assessment performed under paragraph (1)(A)'' after ``information systems''; (II) in subparagraph (B)-- (aa) by striking ``in accordance with standards'' and inserting ``in accordance with-- ``(i) standards''; and (bb) by adding at the end the following: ``(ii) the evaluation performed under paragraph (1)(F); and ``(iii) the implementation plan described in paragraph (1)(G);''; and (III) in subparagraph (D), by inserting ``, through the use of penetration testing, the vulnerability disclosure program established under section 3559B, and other means,'' after ``periodically''; (iii) in paragraph (3)-- (I) in subparagraph (A)-- (aa) in clause (iii), by striking ``and'' at the end; (bb) in clause (iv), by adding ``and'' at the end; and (cc) by adding at the end the following: ``(v) ensure that-- ``(I) senior agency information security officers of component agencies carry out responsibilities under this subchapter, as directed by the senior agency information security officer of the agency or an equivalent official; and ``(II) senior agency information security officers of component agencies report to-- ``(aa) the senior information security officer of the agency or an equivalent official; and ``(bb) the Chief Information Officer of the component agency or an equivalent official;''; and (iv) in paragraph (5), by inserting ``and the Director of the Cybersecurity and Infrastructure Security Agency'' before ``on the effectiveness''; (B) in subsection (b)-- (i) by striking paragraph (1) and inserting the following: ``(1) pursuant to subsection (a)(1)(A), performing ongoing and continuous agency system risk assessments, which may include using guidelines and automated tools consistent with standards and guidelines promulgated under section 11331 of title 40, as applicable;''; (ii) in paragraph (2)-- (I) by striking subparagraph (B) and inserting the following: ``(B) comply with the risk-based cyber budget model developed pursuant to section 3553(a)(7);''; and (II) in subparagraph (D)-- (aa) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; (bb) by inserting after clause (ii) the following: ``(iii) binding operational directives and emergency directives promulgated by the Director of the Cybersecurity and Infrastructure Security Agency under section 3553;''; and (cc) in clause (iv), as so redesignated, by striking ``as determined by the agency; and'' and inserting ``as determined by the agency, considering the agency risk assessment performed under subsection (a)(1)(A); and (iii) in paragraph (5)(A), by inserting ``, including penetration testing, as appropriate,'' after ``shall include testing''; (iv) in paragraph (6), by striking ``planning, implementing, evaluating, and documenting'' and inserting ``planning and implementing and, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, evaluating and documenting''; (v) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; (vi) by inserting after paragraph (6) the following: ``(7) a process for providing the status of every remedial action and unremediated identified system vulnerability to the Director and the Director of the Cybersecurity and Infrastructure Security Agency, using automation and machine- readable data to the greatest extent practicable;''; and (vii) in paragraph (8)(C), as so redesignated-- (I) by striking clause (ii) and inserting the following: ``(ii) notifying and consulting with the Federal information security incident center established under section 3556 pursuant to the requirements of section 3594;''; (II) by redesignating clause (iii) as clause (iv); (III) by inserting after clause (ii) the following: ``(iii) performing the notifications and other activities required under subchapter IV of this chapter; and''; and (IV) in clause (iv), as so redesignated-- (aa) in subclause (I), by striking ``and relevant offices of inspectors general''; (bb) in subclause (II), by adding ``and'' at the end; (cc) by striking subclause (III); and (dd) by redesignating subclause (IV) as subclause (III); (C) in subsection (c)-- (i) by redesignating paragraph (2) as paragraph (5); (ii) by striking paragraph (1) and inserting the following: ``(1) Biannual report.--Not later than 2 years after the date of enactment of the Federal Information Security Modernization Act of 2022 and not less frequently than once every 2 years thereafter, using the continuous and ongoing agency system risk assessment under subsection (a)(1)(A), the head of each agency shall submit to the Director, the Director of the Cybersecurity and Infrastructure Security Agency, the majority and minority leaders of the Senate, the Speaker and minority leader of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, the Committee on Homeland Security of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, the appropriate authorization and appropriations committees of Congress, the National Cyber Director, and the Comptroller General of the United States a report that-- ``(A) summarizes the agency system risk assessment performed under subsection (a)(1)(A); ``(B) evaluates the adequacy and effectiveness of information security policies, procedures, and practices of the agency to address the risks identified in the agency system risk assessment performed under subsection (a)(1)(A), including an analysis of the agency's cybersecurity and incident response capabilities using the metrics established under section 224(c) of the Cybersecurity Act of 2015 (6 U.S.C. 1522(c)); ``(C) summarizes the evaluation and implementation plans described in subparagraphs (F) and (G) of subsection (a)(1) and whether those evaluation and implementation plans call for the use of additional cybersecurity procedures determined to be appropriate by the agency; and ``(D) summarizes the status of remedial actions identified by inspector general of the agency, the Comptroller General of the United States, and any other source determined appropriate by the head of the agency. ``(2) Unclassified reports.--Each report submitted under paragraph (1)-- ``(A) shall be, to the greatest extent practicable, in an unclassified and otherwise uncontrolled form; and ``(B) may include a classified annex. ``(3) Access to information.--The head of an agency shall ensure that, to the greatest extent practicable, information is included in the unclassified form of the report submitted by the agency under paragraph (2)(A). ``(4) Briefings.--During each year during which a report is not required to be submitted under paragraph (1), the Director shall provide to the congressional committees described in paragraph (1) a briefing summarizing current agency and Federal risk postures.''; and (iii) in paragraph (5), as so redesignated, by striking the period at the end and inserting ``, including the reporting procedures established under section 11315(d) of title 40 and subsection (a)(3)(A)(v) of this section''; and (D) in subsection (d)(1), in the matter preceding subparagraph (A), by inserting ``and the National Cyber Director'' after ``the Director''; and (E) by adding at the end the following: ``(f) Reporting Structure Exemption.-- ``(1) In general.--On an annual basis, the Director may exempt an agency from the reporting structure requirement under subsection (a)(3)(A)(v)(II). ``(2) Report.--On an annual basis, the Director shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives that includes a list of each exemption granted under paragraph (1) and the associated rationale for each exemption. ``(3) Component of other report.--The report required under paragraph (2) may be incorporated into any other annual report required under this chapter.''; (4) in section 3555-- (A) in the section heading, by striking ``annual independent'' and inserting ``independent''; (B) in subsection (a)-- (i) in paragraph (1), by inserting ``during which a report is required to be submitted under section 3553(c),'' after ``Each year''; (ii) in paragraph (2)(A), by inserting ``, including by penetration testing and analyzing the vulnerability disclosure program of the agency'' after ``information systems''; and (iii) by adding at the end the following: ``(3) An evaluation under this section may include recommendations for improving the cybersecurity posture of the agency.''; (C) in subsection (b)(1), by striking ``annual''; (D) in subsection (e)(1), by inserting ``during which a report is required to be submitted under section 3553(c)'' after ``Each year''; (E) by striking subsection (f) and inserting the following: ``(f) Protection of Information.--(1) Agencies, evaluators, and other recipients of information that, if disclosed, may cause grave harm to the efforts of Federal information security officers, shall take appropriate steps to ensure the protection of that information, including safeguarding the information from public disclosure. ``(2) The protections required under paragraph (1) shall be commensurate with the risk and comply with all applicable laws and regulations. ``(3) With respect to information that is not related to national security systems, agencies and evaluators shall make a summary of the information unclassified and publicly available, including information that does not identify-- ``(A) specific information system incidents; or ``(B) specific information system vulnerabilities.''; (F) in subsection (g)(2)-- (i) by striking ``this subsection shall'' and inserting ``this subsection-- ``(A) shall''; (ii) in subparagraph (A), as so designated, by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(B) identify any entity that performs an independent evaluation under subsection (b).''; and (G) by striking subsection (j) and inserting the following: ``(j) Guidance.-- ``(1) In general.--The Director, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, the Chief Information Officers Council, the Council of the Inspectors General on Integrity and Efficiency, and other interested parties as appropriate, shall ensure the development of risk-based guidance for evaluating the effectiveness of an information security program and practices ``(2) Priorities.--The risk-based guidance developed under paragraph (1) shall include-- ``(A) the identification of the most common successful threat patterns experienced by each agency; ``(B) the identification of security controls that address the threat patterns described in subparagraph (A); ``(C) any other security risks unique to the networks of each agency; and ``(D) any other element the Director, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency and the Council of the Inspectors General on Integrity and Efficiency, determines appropriate.''; and (5) in section 3556(a)-- (A) in the matter preceding paragraph (1), by inserting ``within the Cybersecurity and Infrastructure Security Agency'' after ``incident center''; and (B) in paragraph (4), by striking ``3554(b)'' and inserting ``3554(a)(1)(A)''. (d) Conforming Amendments.-- (1) Table of sections.--The table of sections for chapter 35 of title 44, United States Code, is amended by striking the item relating to section 3555 and inserting the following: ``3555. Independent evaluation''. (2) OMB reports.--Section 226(c) of the Cybersecurity Act of 2015 (6 U.S.C. 1524(c)) is amended-- (A) in paragraph (1)(B), in the matter preceding clause (i), by striking ``annually thereafter'' and inserting ``thereafter during the years during which a report is required to be submitted under section 3553(c) of title 44, United States Code''; and (B) in paragraph (2)(B), in the matter preceding clause (i)-- (i) by striking ``annually thereafter'' and inserting ``thereafter during the years during which a report is required to be submitted under section 3553(c) of title 44, United States Code''; and (ii) by striking ``the report required under section 3553(c) of title 44, United States Code'' and inserting ``that report''. (3) NIST responsibilities.--Section 20(d)(3)(B) of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3(d)(3)(B)) is amended by striking ``annual''. (e) Federal System Incident Response.-- (1) In general.--Chapter 35 of title 44, United States Code, is amended by adding at the end the following: ``SUBCHAPTER IV--FEDERAL SYSTEM INCIDENT RESPONSE ``Sec. 3591. Definitions ``(a) In General.--Except as provided in subsection (b), the definitions under sections 3502 and 3552 shall apply to this subchapter. ``(b) Additional Definitions.--As used in this subchapter: ``(1) Appropriate reporting entities.--The term `appropriate reporting entities' means-- ``(A) the majority and minority leaders of the Senate; ``(B) the Speaker and minority leader of the House of Representatives; ``(C) the Committee on Homeland Security and Governmental Affairs of the Senate; ``(D) the Committee on Oversight and Reform of the House of Representatives; ``(E) the Committee on Homeland Security of the House of Representatives; ``(F) the appropriate authorization and appropriations committees of Congress; ``(G) the Director; ``(H) the Director of the Cybersecurity and Infrastructure Security Agency; ``(I) the National Cyber Director; ``(J) the Comptroller General of the United States; and ``(K) the inspector general of any impacted agency. ``(2) Awardee.--The term `awardee'-- ``(A) means a person, business, or other entity that receives a grant from, or is a party to a cooperative agreement or an other transaction agreement with, an agency; and ``(B) includes any subgrantee of a person, business, or other entity described in subparagraph (A). ``(3) Breach.--The term `breach'-- ``(A) means the loss, control, compromise, unauthorized disclosure, or unauthorized acquisition of personally identifiable information or any similar occurrence; and ``(B) includes any additional meaning given the term in policies, principles, standards, or guidelines issued by the Director under section 3553(a). ``(4) Contractor.--The term `contractor' means a prime contractor of an agency or a subcontractor of a prime contractor of an agency. ``(5) Federal information.--The term `Federal information' means information created, collected, processed, maintained, disseminated, disclosed, or disposed of by or for the Federal Government in any medium or form. ``(6) Federal information system.--The term `Federal information system' means an information system used or operated by an agency, a contractor, an awardee, or another organization on behalf of an agency. ``(7) Intelligence community.--The term `intelligence community' has the meaning given the term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). ``(8) Nationwide consumer reporting agency.--The term `nationwide consumer reporting agency' means a consumer reporting agency described in section 603(p) of the Fair Credit Reporting Act (15 U.S.C. 1681a(p)). ``(9) Vulnerability disclosure.--The term `vulnerability disclosure' means a vulnerability identified under section 3559B. ``Sec. 3592. Notification of breach ``(a) Notification.--As expeditiously as practicable and without unreasonable delay, and in any case not later than 45 days after an agency has a reasonable basis to conclude that a breach has occurred, the head of the agency, in consultation with a senior privacy officer of the agency, shall-- ``(1) determine whether notice to any individual potentially affected by the breach is appropriate based on an assessment of the risk of harm to the individual that considers-- ``(A) the nature and sensitivity of the personally identifiable information affected by the breach; ``(B) the likelihood of access to and use of the personally identifiable information affected by the breach; ``(C) the type of breach; and ``(D) any other factors determined by the Director; and ``(2) as appropriate, provide written notice in accordance with subsection (b) to each individual potentially affected by the breach-- ``(A) to the last known mailing address of the individual; or ``(B) through an appropriate alternative method of notification that the head of the agency or a designated senior-level individual of the agency selects based on factors determined by the Director. ``(b) Contents of Notice.--Each notice of a breach provided to an individual under subsection (a)(2) shall include-- ``(1) a brief description of the breach; ``(2) if possible, a description of the types of personally identifiable information affected by the breach; ``(3) contact information of the agency that may be used to ask questions of the agency, which-- ``(A) shall include an e-mail address or another digital contact mechanism; and ``(B) may include a telephone number, mailing address, or a website; ``(4) information on any remedy being offered by the agency; ``(5) any applicable educational materials relating to what individuals can do in response to a breach that potentially affects their personally identifiable information, including relevant contact information for Federal law enforcement agencies and each nationwide consumer reporting agency; and ``(6) any other appropriate information, as determined by the head of the agency or established in guidance by the Director. ``(c) Delay of Notification.-- ``(1) In general.--The Attorney General, the Director of National Intelligence, or the Secretary of Homeland Security may delay a notification required under subsection (a) or (d) if the notification would-- ``(A) impede a criminal investigation or a national security activity; ``(B) reveal sensitive sources and methods; ``(C) cause damage to national security; or ``(D) hamper security remediation actions. ``(2) Documentation.-- ``(A) In general.--Any delay under paragraph (1) shall be reported in writing to the Director, the Attorney General, the Director of National Intelligence, the Secretary of Homeland Security, the National Cyber Director, the Director of the Cybersecurity and Infrastructure Security Agency, and the head of the agency and the inspector general of the agency that experienced the breach. ``(B) Contents.--A report required under subparagraph (A) shall include a written statement from the entity that delayed the notification explaining the need for the delay. ``(C) Form.--The report required under subparagraph (A) shall be unclassified but may include a classified annex. ``(3) Renewal.--A delay under paragraph (1) shall be for a period of 60 days and may be renewed. ``(d) Update Notification.--If an agency determines there is a significant change in the reasonable basis to conclude that a breach occurred, a significant change to the determination made under subsection (a)(1), or that it is necessary to update the details of the information provided to potentially affected individuals as described in subsection (b), the agency shall as expeditiously as practicable and without unreasonable delay, and in any case not later than 30 days after such a determination, notify each individual who received a notification pursuant to subsection (a) of those changes. ``(e) Rule of Construction.--Nothing in this section shall be construed to limit-- ``(1) the Director from issuing guidance relating to notifications or the head of an agency from notifying individuals potentially affected by breaches that are not determined to be major incidents; or ``(2) the Director from issuing guidance relating to notifications of major incidents or the head of an agency from providing more information than described in subsection (b) when notifying individuals potentially affected by breaches. ``Sec. 3593. Congressional and Executive Branch reports ``(a) Initial Report.-- ``(1) In general.--Not later than 72 hours after an agency has a reasonable basis to conclude that a major incident occurred, the head of the agency impacted by the major incident shall submit to the appropriate reporting entities a written report and, to the extent practicable, provide a briefing to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, the Committee on Homeland Security of the House of Representatives, and the appropriate authorization and appropriations committees of Congress, taking into account-- ``(A) the information known at the time of the report; ``(B) the sensitivity of the details associated with the major incident; and ``(C) the classification level of the information contained in the report. ``(2) Contents.--A report required under paragraph (1) shall include, in a manner that excludes or otherwise reasonably protects personally identifiable information and to the extent permitted by applicable law, including privacy and statistical laws-- ``(A) a summary of the information available about the major incident, including how the major incident occurred, information indicating that the major incident may be a breach, and information relating to the major incident as a breach, based on information available to agency officials as of the date on which the agency submits the report; ``(B) if applicable, a description and any associated documentation of any circumstances necessitating a delay in a notification to individuals potentially affected by the major incident under section 3592(c); ``(C) if applicable, an assessment of the impacts to the agency, the Federal Government, or the security of the United States, based on information available to agency officials on the date on which the agency submits the report; and ``(D) if applicable, whether any ransom has been demanded or paid, or plans to be paid, by any entity operating a Federal information system or with access to a Federal information system, unless disclosure of such information may disrupt an active Federal law enforcement or national security operation. ``(b) Supplemental Report.--Within a reasonable amount of time, but not later than 30 days after the date on which an agency submits a written report under subsection (a), the head of the agency shall provide to the appropriate reporting entities written updates, which may include classified annexes, on the major incident and, to the extent practicable, provide a briefing, which may include a classified component, to the congressional committees described in subsection (a)(1), including summaries of-- ``(1) vulnerabilities, means by which the major incident occurred, and impacts to the agency relating to the major incident; ``(2) any risk assessment and subsequent risk-based security implementation of the affected information system before the date on which the major incident occurred; ``(3) the status of compliance of the affected information system with applicable security requirements that are directly related to the cause of the incident, at the time of the major incident; ``(4) an estimate of the number of individuals potentially affected by the major incident based on information available to agency officials as of the date on which the agency provides the update; ``(5) an assessment of the risk of harm to individuals potentially affected by the major incident based on information available to agency officials as of the date on which the agency provides the update; ``(6) an update to the assessment of the risk to agency operations, or to impacts on other agency or non-Federal entity operations, affected by the major incident based on information available to agency officials as of the date on which the agency provides the update; ``(7) the detection, response, and remediation actions of the agency, including any support provided by the Cybersecurity and Infrastructure Security Agency under section 3594(d) and status updates on the notification process described in section 3592(a), including any delay described in section 3592(c), if applicable; and ``(8) if applicable, a description of any circumstances or data leading the head of the agency to determine, pursuant to section 3592(a)(1), not to notify individuals potentially impacted by a breach. ``(c) Update Report.--If the agency determines that there is any significant change in the understanding of the agency of the scope, scale, or consequence of a major incident for which an agency submitted a written report under subsection (a), the agency shall provide an updated report to the appropriate reporting entities that includes information relating to the change in understanding. ``(d) Biannual Report.--Each agency shall submit as part of the biannual report required under section 3554(c)(1) of this title a description of each major incident that occurred during the 2-year period preceding the date on which the biannual report is submitted. ``(e) Delay and Lack of Notification Report.-- ``(1) In general.--The Director shall submit to the appropriate reporting entities an annual report on all notification delays granted pursuant to section 3592(c). ``(2) Lack of breach notification.--The Director shall submit to the appropriate reporting entities an annual report on each breach with respect to which the head of an agency determined, pursuant to section 3592(a)(1), not to notify individuals potentially impacted by the breach. ``(3) Component of other report.--The Director may submit the report required under paragraph (1) as a component of the annual report submitted under section 3597(b). ``(f) Report Delivery.--Any written report required to be submitted under this section may be submitted in a paper or electronic format. ``(g) Threat Briefing.-- ``(1) In general.--Not later than 7 days after the date on which an agency has a reasonable basis to conclude that a major incident occurred, the head of the agency, jointly with the Director, the National Cyber Director and any other Federal entity determined appropriate by the National Cyber Director, shall provide a briefing to the congressional committees described in subsection (a)(1) on the threat causing the major incident. ``(2) Components.--The briefing required under paragraph (1)-- ``(A) shall, to the greatest extent practicable, include an unclassified component; and ``(B) may include a classified component. ``(h) Rule of Construction.--Nothing in this section shall be construed to limit-- ``(1) the ability of an agency to provide additional reports or briefings to Congress; or ``(2) Congress from requesting additional information from agencies through reports, briefings, or other means. ``Sec. 3594. Government information sharing and incident response ``(a) In General.-- ``(1) Incident reporting.--Subject to the limitations described in subsection (b), the head of each agency shall provide any information relating to any incident affecting the agency, whether the information is obtained by the Federal Government directly or indirectly, to the Cybersecurity and Infrastructure Security Agency. ``(2) Contents.--A provision of information relating to an incident made by the head of an agency under paragraph (1) shall-- ``(A) include detailed information about the safeguards that were in place when the incident occurred; ``(B) whether the agency implemented the safeguards described in subparagraph (A) correctly; ``(C) in order to protect against a similar incident, identify-- ``(i) how the safeguards described in subparagraph (A) should be implemented differently; and ``(ii) additional necessary safeguards; and ``(D) include information to aid in incident response, such as-- ``(i) a description of the affected systems or networks; ``(ii) the estimated dates of when the incident occurred; and ``(iii) information that could reasonably help identify the party that conducted the incident or the cause of the incident, subject to appropriate privacy protections. ``(3) Information sharing.--The Director of the Cybersecurity and Infrastructure Security Agency shall-- ``(A) make incident information provided under paragraph (1) available to the Director and the National Cyber Director; ``(B) to the greatest extent practicable, share information relating to an incident with the head of any agency that may be-- ``(i) impacted by the incident; ``(ii) similarly susceptible to the incident; or ``(iii) similarly targeted by the incident; and ``(C) coordinate any necessary information sharing efforts relating to a major incident with the private sector. ``(4) National security systems.--Each agency operating or exercising control of a national security system shall share information about incidents that occur on national security systems with the Director of the Cybersecurity and Infrastructure Security Agency to the extent consistent with standards and guidelines for national security systems issued in accordance with law and as directed by the President. ``(b) Compliance.--In providing information and selecting a method to provide information under subsection (a), the head of each agency shall take into account the level of classification of the information and any information sharing limitations and protections, such as limitations and protections relating to law enforcement, national security, privacy, statistical confidentiality, or other factors determined by the Director in order to implement subsection (a)(1) in a manner that enables automated and consistent reporting to the greatest extent practicable. ``(c) Incident Response.--Each agency that has a reasonable basis to conclude that a major incident occurred involving Federal information in electronic medium or form that does not exclusively involve a national security system, regardless of delays from notification granted for a major incident that is also a breach, shall coordinate with the Cybersecurity and Infrastructure Security Agency to facilitate asset response activities and provide recommendations for mitigating future incidents. ``Sec. 3595. Responsibilities of contractors and awardees ``(a) Reporting.-- ``(1) In general.--Unless otherwise specified in a contract, grant, cooperative agreement, or an other transaction agreement, any contractor or awardee of an agency shall report to the agency within the same amount of time such agency is required to report an incident to the Cybersecurity and Infrastructure Security Agency, if the contractor or awardee has a reasonable basis to suspect or conclude that-- ``(A) an incident or breach has occurred with respect to Federal information collected, used, or maintained by the contractor or awardee in connection with the contract, grant, cooperative agreement, or other transaction agreement of the contractor or awardee; ``(B) an incident or breach has occurred with respect to a Federal information system used or operated by the contractor or awardee in connection with the contract, grant, cooperative agreement, or other transaction agreement of the contractor or awardee; or ``(C) the contractor or awardee has received information from the agency that the contractor or awardee is not authorized to receive in connection with the contract, grant, cooperative agreement, or other transaction agreement of the contractor or awardee. ``(2) Procedures.-- ``(A) Major incident.--Following a report of a breach or major incident by a contractor or awardee under paragraph (1), the agency, in consultation with the contractor or awardee, shall carry out the requirements under sections 3592, 3593, and 3594 with respect to the major incident. ``(B) Incident.--Following a report of an incident by a contractor or awardee under paragraph (1), an agency, in consultation with the contractor or awardee, shall carry out the requirements under section 3594 with respect to the incident. ``(b) Effective Date.--This section shall apply-- ``(1) on and after the date that is 1 year after the date of enactment of the Federal Information Security Modernization Act of 2022; and ``(2) with respect to any contract entered into on or after the date described in paragraph (1). ``Sec. 3596. Training ``(a) Covered Individual Defined.--In this section, the term `covered individual' means an individual who obtains access to Federal information or Federal information systems because of the status of the individual as an employee, contractor, awardee, volunteer, or intern of an agency. ``(b) Requirement.--The head of each agency shall develop training for covered individuals on how to identify and respond to an incident, including-- ``(1) the internal process of the agency for reporting an incident; and ``(2) the obligation of a covered individual to report to the agency a confirmed major incident and any suspected incident involving information in any medium or form, including paper, oral, and electronic. ``(c) Inclusion in Annual Training.--The training developed under subsection (b) may be included as part of an annual privacy or security awareness training of an agency. ``Sec. 3597. Analysis and report on Federal incidents ``(a) Analysis of Federal Incidents.-- ``(1) Quantitative and qualitative analyses.--The Director of the Cybersecurity and Infrastructure Security Agency shall develop, in consultation with the Director and the National Cyber Director, and perform continuous monitoring and quantitative and qualitative analyses of incidents at agencies, including major incidents, including-- ``(A) the causes of incidents, including-- ``(i) attacker tactics, techniques, and procedures; and ``(ii) system vulnerabilities, including zero days, unpatched systems, and information system misconfigurations; ``(B) the scope and scale of incidents at agencies; ``(C) common root causes of incidents across multiple Federal agencies; ``(D) agency incident response, recovery, and remediation actions and the effectiveness of those actions, as applicable; ``(E) lessons learned and recommendations in responding to, recovering from, remediating, and mitigating future incidents; and ``(F) trends across multiple Federal agencies to address intrusion detection and incident response capabilities using the metrics established under section 224(c) of the Cybersecurity Act of 2015 (6 U.S.C. 1522(c)). ``(2) Automated analysis.--The analyses developed under paragraph (1) shall, to the greatest extent practicable, use machine readable data, automation, and machine learning processes. ``(3) Sharing of data and analysis.-- ``(A) In general.--The Director shall share on an ongoing basis the analyses required under this subsection with agencies and the National Cyber Director to-- ``(i) improve the understanding of cybersecurity risk of agencies; and ``(ii) support the cybersecurity improvement efforts of agencies. ``(B) Format.--In carrying out subparagraph (A), the Director shall share the analyses-- ``(i) in human-readable written products; and ``(ii) to the greatest extent practicable, in machine-readable formats in order to enable automated intake and use by agencies. ``(b) Annual Report on Federal Incidents.--Not later than 2 years after the date of enactment of this section, and not less frequently than annually thereafter, the Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Director, the National Cyber Director and the heads of other Federal agencies, as appropriate, shall submit to the appropriate reporting entities a report that includes-- ``(1) a summary of causes of incidents from across the Federal Government that categorizes those incidents as incidents or major incidents; ``(2) the quantitative and qualitative analyses of incidents developed under subsection (a)(1) on an agency-by- agency basis and comprehensively across the Federal Government, including-- ``(A) a specific analysis of breaches; and ``(B) an analysis of the Federal Government's performance against the metrics established under section 224(c) of the Cybersecurity Act of 2015 (6 U.S.C. 1522(c)); and ``(3) an annex for each agency that includes-- ``(A) a description of each major incident; ``(B) the total number of incidents of the agency; and ``(C) an analysis of the agency's performance against the metrics established under section 224(c) of the Cybersecurity Act of 2015 (6 U.S.C. 1522(c)). ``(c) Publication.-- ``(1) In general.--A version of each report submitted under subsection (b) shall be made publicly available on the website of the Cybersecurity and Infrastructure Security Agency during the year in which the report is submitted. ``(2) Exemption.--The Director of the Cybersecurity and Infrastructure Security Agency may exempt all or a portion of a report described in paragraph (1) from public publication if the Director of the Cybersecurity and Infrastructure Security Agency determines the exemption is in the interest of national security. ``(3) Limitation on exemption.--An exemption granted under paragraph (2) shall not apply to any version of a report submitted to the appropriate reporting entities under subsection (b). ``(d) Information Provided by Agencies.-- ``(1) In general.--The analysis required under subsection (a) and each report submitted under subsection (b) shall use information provided by agencies under section 3594(a). ``(2) Noncompliance reports.-- ``(A) In general.--Subject to subparagraph (B), during any year during which the head of an agency does not provide data for an incident to the Cybersecurity and Infrastructure Security Agency in accordance with section 3594(a), the head of the agency, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency and the Director, shall submit to the appropriate reporting entities a report that includes the information described in subsection (b) with respect to the agency. ``(B) Exception for national security systems.--The head of an agency that owns or exercises control of a national security system shall not include data for an incident that occurs on a national security system in any report submitted under subparagraph (A). ``(3) National security system reports.-- ``(A) In general.--Annually, the head of an agency that operates or exercises control of a national security system shall submit a report that includes the information described in subsection (b) with respect to the national security system to the extent that the submission is consistent with standards and guidelines for national security systems issued in accordance with law and as directed by the President to-- ``(i) the majority and minority leaders of the Senate, ``(ii) the Speaker and minority leader of the House of Representatives; ``(iii) the Committee on Homeland Security and Governmental Affairs of the Senate; ``(iv) the Select Committee on Intelligence of the Senate; ``(v) the Committee on Armed Services of the Senate; ``(vi) the Committee on Appropriations of the Senate; ``(vii) the Committee on Oversight and Reform of the House of Representatives; ``(viii) the Committee on Homeland Security of the House of Representatives; ``(ix) the Permanent Select Committee on Intelligence of the House of Representatives; ``(x) the Committee on Armed Services of the House of Representatives; and ``(xi) the Committee on Appropriations of the House of Representatives. ``(B) Classified form.--A report required under subparagraph (A) may be submitted in a classified form. ``(e) Requirement for Compiling Information.--In publishing the public report required under subsection (c), the Director of the Cybersecurity and Infrastructure Security Agency shall sufficiently compile information such that no specific incident of an agency can be identified, except with the concurrence of the Director of the Office of Management and Budget and in consultation with the impacted agency. ``Sec. 3598. Major incident definition ``(a) In General.--Not later than 180 days after the date of enactment of the Federal Information Security Modernization Act of 2022, the Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency and the National Cyber Director, shall develop and promulgate guidance on the definition of the term `major incident' for the purposes of subchapter II and this subchapter. ``(b) Requirements.--With respect to the guidance issued under subsection (a), the definition of the term `major incident' shall-- ``(1) include, with respect to any information collected or maintained by or on behalf of an agency or an information system used or operated by an agency or by a contractor of an agency or another organization on behalf of an agency-- ``(A) any incident the head of the agency determines is likely to have an impact on-- ``(i) the national security, homeland security, or economic security of the United States; or ``(ii) the civil liberties or public health and safety of the people of the United States; ``(B) any incident the head of the agency determines likely to result in an inability for the agency, a component of the agency, or the Federal Government, to provide 1 or more critical services; ``(C) any incident that the head of an agency, in consultation with a senior privacy officer of the agency, determines is likely to have a significant privacy impact on 1 or more individual; ``(D) any incident that the head of the agency, in consultation with a senior privacy official of the agency, determines is likely to have a substantial privacy impact on a significant number of individuals; ``(E) any incident the head of the agency determines substantially disrupts the operations of a high value asset owned or operated by the agency; ``(F) any incident involving the exposure of sensitive agency information to a foreign entity, such as the communications of the head of the agency, the head of a component of the agency, or the direct reports of the head of the agency or the head of a component of the agency; and ``(G) any other type of incident determined appropriate by the Director; ``(2) stipulate that the National Cyber Director, in consultation with the Director, shall declare a major incident at each agency impacted by an incident if it is determined that an incident-- ``(A) occurs at not less than 2 agencies; and ``(B) is enabled by-- ``(i) a common technical root cause, such as a supply chain compromise, a common software or hardware vulnerability; or ``(ii) the related activities of a common threat actor; and ``(3) stipulate that, in determining whether an incident constitutes a major incident because that incident is any incident described in paragraph (1), the head of the agency shall consult with the National Cyber Director and may consult with the Director of the Cybersecurity and Infrastructure Security Agency. ``(c) Significant Number of Individuals.--In determining what constitutes a significant number of individuals under subsection (b)(1)(D), the Director-- ``(1) may determine a threshold for a minimum number of individuals that constitutes a significant amount; and ``(2) may not determine a threshold described in paragraph (1) that exceeds 5,000 individuals. ``(d) Evaluation and Updates.--Not later than 2 years after the date of enactment of the Federal Information Security Modernization Act of 2022, and not less frequently than every 2 years thereafter, the Director shall provide a briefing to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives, which shall include-- ``(1) an evaluation of any necessary updates to the guidance issued under subsection (a); ``(2) an evaluation of any necessary updates to the definition of the term `major incident' included in the guidance issued under subsection (a); and ``(3) an explanation of, and the analysis that led to, the definition described in paragraph (2).''. (2) Clerical amendment.--The table of sections for chapter 35 of title 44, United States Code, is amended by adding at the end the following: ``subchapter iv--federal system incident response ``3591. Definitions ``3592. Notification of breach ``3593. Congressional and Executive Branch reports ``3594. Government information sharing and incident response ``3595. Responsibilities of contractors and awardees ``3596. Training ``3597. Analysis and report on Federal incidents ``3598. Major incident definition''. SEC. 104. AMENDMENTS TO SUBTITLE III OF TITLE 40. (a) Modernizing Government Technology.--Subtitle G of title X of Division A of the National Defense Authorization Act for Fiscal Year 2018 (40 U.S.C. 11301 note) is amended in section 1078-- (1) by striking subsection (a) and inserting the following: ``(a) Definitions.--In this section: ``(1) Agency.--The term `agency' has the meaning given the term in section 551 of title 5, United States Code. ``(2) High value asset.--The term `high value asset' has the meaning given the term in section 3552 of title 44, United States Code.''; (2) in subsection (b), by adding at the end the following: ``(8) Proposal evaluation.--The Director shall-- ``(A) give consideration for the use of amounts in the Fund to improve the security of high value assets; and ``(B) require that any proposal for the use of amounts in the Fund includes a cybersecurity plan, including a supply chain risk management plan, to be reviewed by the member of the Technology Modernization Board described in subsection (c)(5)(C).''; and (3) in subsection (c)-- (A) in paragraph (2)(A)(i), by inserting ``, including a consideration of the impact on high value assets'' after ``operational risks''; (B) in paragraph (5)-- (i) in subparagraph (A), by striking ``and'' at the end; (ii) in subparagraph (B), by striking the period at the end and inserting ``and''; and (iii) by adding at the end the following: ``(C) a senior official from the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, appointed by the Director.''; and (C) in paragraph (6)(A), by striking ``shall be--'' and all that follows through ``4 employees'' and inserting ``shall be 4 employees''. (b) Subchapter I.--Subchapter I of chapter 113 of subtitle III of title 40, United States Code, is amended-- (1) in section 11302-- (A) in subsection (b), by striking ``use, security, and disposal of'' and inserting ``use, and disposal of, and, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency and the National Cyber Director, promote and improve the security of,''; (B) in subsection (c)-- (i) in paragraph (3)-- (I) in subparagraph (A)-- (aa) by striking ``including data'' and inserting ``which shall-- ``(i) include data''; and (bb) by adding at the end the following: ``(ii) specifically denote cybersecurity funding under the risk-based cyber budget model developed pursuant to section 3553(a)(7) of title 44.''; and (II) in subparagraph (B), by adding at the end the following: ``(iii) The Director shall provide to the National Cyber Director any cybersecurity funding information described in subparagraph (A)(ii) that is provided to the Director under clause (ii) of this subparagraph.''; (C) in subsection (f)-- (i) by striking ``heads of executive agencies to develop'' and inserting ``heads of executive agencies to-- ``(1) develop''; (ii) in paragraph (1), as so designated, by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(2) consult with the Director of the Cybersecurity and Infrastructure Security Agency for the development and use of supply chain security best practices.''; and (D) in subsection (h), by inserting ``, including cybersecurity performances,'' after ``the performances''; and (2) in section 11303(b)-- (A) in paragraph (2)(B)-- (i) in clause (i), by striking ``or'' at the end; (ii) in clause (ii), by adding ``or'' at the end; and (iii) by adding at the end the following: ``(iii) whether the function should be performed by a shared service offered by another executive agency;''; and (B) in paragraph (5)(B)(i), by inserting ``, while taking into account the risk-based cyber budget model developed pursuant to section 3553(a)(7) of title 44'' after ``title 31''. (c) Subchapter II.--Subchapter II of chapter 113 of subtitle III of title 40, United States Code, is amended-- (1) in section 11312(a), by inserting ``, including security risks'' after ``managing the risks''; (2) in section 11313(1), by striking ``efficiency and effectiveness'' and inserting ``efficiency, security, and effectiveness''; (3) in section 11315, by adding at the end the following: ``(d) Component Agency Chief Information Officers.--The Chief Information Officer or an equivalent official of a component agency shall report to-- ``(1) the Chief Information Officer designated under section 3506(a)(2) of title 44 or an equivalent official of the agency of which the component agency is a component; and ``(2) the head of the component agency. ``(e) Reporting Structure Exemption.-- ``(1) In general.--On annual basis, the Director may exempt any agency from the reporting structure requirements under subsection (d). ``(2) Report.--On an annual basis, the Director shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report that includes a list of each exemption granted under paragraph (1) and the associated rationale for each exemption. ``(3) Component of other report.--The report required under paragraph (2) may be incorporated into any other annual report required under chapter 35 of title 44, United States Code.''; (4) in section 11317, by inserting ``security,'' before ``or schedule''; and (5) in section 11319(b)(1), in the paragraph heading, by striking ``CIOS'' and inserting ``Chief information officers''. SEC. 105. ACTIONS TO ENHANCE FEDERAL INCIDENT TRANSPARENCY. (a) Responsibilities of the Cybersecurity and Infrastructure Security Agency.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall-- (A) develop a plan for the development of the analysis required under section 3597(a) of title 44, United States Code, as added by this title, and the report required under subsection (b) of that section that includes-- (i) a description of any challenges the Director of the Cybersecurity and Infrastructure Security Agency anticipates encountering; and (ii) the use of automation and machine- readable formats for collecting, compiling, monitoring, and analyzing data; and (B) provide to the appropriate congressional committees a briefing on the plan developed under subparagraph (A). (2) Briefing.--Not later than 1 year after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall provide to the appropriate congressional committees a briefing on-- (A) the execution of the plan required under paragraph (1)(A); and (B) the development of the report required under section 3597(b) of title 44, United States Code, as added by this title. (b) Responsibilities of the Director of the Office of Management and Budget.-- (1) FISMA.--Section 2 of the Federal Information Security Modernization Act of 2014 (44 U.S.C. 3554 note) is amended-- (A) by striking subsection (b); and (B) by redesignating subsections (c) through (f) as subsections (b) through (e), respectively. (2) Incident data sharing.-- (A) In general.--The Director shall develop guidance, to be updated not less frequently than once every 2 years, on the content, timeliness, and format of the information provided by agencies under section 3594(a) of title 44, United States Code, as added by this title. (B) Requirements.--The guidance developed under subparagraph (A) shall-- (i) prioritize the availability of data necessary to understand and analyze-- (I) the causes of incidents; (II) the scope and scale of incidents within the environments and systems of an agency; (III) a root cause analysis of incidents that-- (aa) are common across the Federal Government; or (bb) have a Government-wide impact; (IV) agency response, recovery, and remediation actions and the effectiveness of those actions; and (V) the impact of incidents; (ii) enable the efficient development of-- (I) lessons learned and recommendations in responding to, recovering from, remediating, and mitigating future incidents; and (II) the report on Federal incidents required under section 3597(b) of title 44, United States Code, as added by this title; (iii) include requirements for the timeliness of data production; and (iv) include requirements for using automation and machine-readable data for data sharing and availability. (3) Guidance on responding to information requests.--Not later than 1 year after the date of enactment of this Act, the Director shall develop guidance for agencies to implement the requirement under section 3594(c) of title 44, United States Code, as added by this title, to provide information to other agencies experiencing incidents. (4) Standard guidance and templates.--Not later than 1 year after the date of enactment of this Act, the Director, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, shall develop guidance and templates, to be reviewed and, if necessary, updated not less frequently than once every 2 years, for use by Federal agencies in the activities required under sections 3592, 3593, and 3596 of title 44, United States Code, as added by this title. (5) Contractor and awardee guidance.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, the Director, in coordination with the Secretary of Homeland Security, the Secretary of Defense, the Administrator of General Services, and the heads of other agencies determined appropriate by the Director, shall issue guidance to Federal agencies on how to deconflict, to the greatest extent practicable, existing regulations, policies, and procedures relating to the responsibilities of contractors and awardees established under section 3595 of title 44, United States Code, as added by this title. (B) Existing processes.--To the greatest extent practicable, the guidance issued under subparagraph (A) shall allow contractors and awardees to use existing processes for notifying Federal agencies of incidents involving information of the Federal Government. (6) Updated briefings.--Not less frequently than once every 2 years, the Director shall provide to the appropriate congressional committees an update on the guidance and templates developed under paragraphs (2) through (4). (c) Update to the Privacy Act of 1974.--Section 552a(b) of title 5, United States Code (commonly known as the ``Privacy Act of 1974'') is amended-- (1) in paragraph (11), by striking ``or'' at the end; (2) in paragraph (12), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(13) to another agency in furtherance of a response to an incident (as defined in section 3552 of title 44) and pursuant to the information sharing requirements in section 3594 of title 44 if the head of the requesting agency has made a written request to the agency that maintains the record specifying the particular portion desired and the activity for which the record is sought.''. SEC. 106. ADDITIONAL GUIDANCE TO AGENCIES ON FISMA UPDATES. Not later than 1 year after the date of enactment of this Act, the Director, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, shall issue guidance for agencies on-- (1) performing the ongoing and continuous agency system risk assessment required under section 3554(a)(1)(A) of title 44, United States Code, as amended by this title; (2) implementing additional cybersecurity procedures, which shall include resources for shared services; (3) establishing a process for providing the status of each remedial action under section 3554(b)(7) of title 44, United States Code, as amended by this title, to the Director and the Cybersecurity and Infrastructure Security Agency using automation and machine-readable data, as practicable, which shall include-- (A) specific guidance for the use of automation and machine-readable data; and (B) templates for providing the status of the remedial action; and (4) a requirement to coordinate with inspectors general of agencies to ensure consistent understanding and application of agency policies for the purpose of evaluations by inspectors general. SEC. 107. AGENCY REQUIREMENTS TO NOTIFY PRIVATE SECTOR ENTITIES IMPACTED BY INCIDENTS. (a) Definitions.--In this section: (1) Reporting entity.--The term ``reporting entity'' means private organization or governmental unit that is required by statute or regulation to submit sensitive information to an agency. (2) Sensitive information.--The term ``sensitive information'' has the meaning given the term by the Director in guidance issued under subsection (b). (b) Guidance on Notification of Reporting Entities.--Not later than 180 days after the date of enactment of this Act, the Director shall issue guidance requiring the head of each agency to notify a reporting entity of an incident that is likely to substantially affect-- (1) the confidentiality or integrity of sensitive information submitted by the reporting entity to the agency pursuant to a statutory or regulatory requirement; or (2) the agency information system or systems used in the transmission or storage of the sensitive information described in paragraph (1). SEC. 108. MOBILE SECURITY STANDARDS. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Director shall-- (1) evaluate mobile application security guidance promulgated by the Director; and (2) issue guidance to secure mobile devices, including for mobile applications, for every agency. (b) Contents.--The guidance issued under subsection (a)(2) shall include-- (1) a requirement, pursuant to section 3506(b)(4) of title 44, United States Code, for every agency to maintain a continuous inventory of every-- (A) mobile device operated by or on behalf of the agency; and (B) vulnerability identified by the agency associated with a mobile device; and (2) a requirement for every agency to perform continuous evaluation of the vulnerabilities described in paragraph (1)(B) and other risks associated with the use of applications on mobile devices. (c) Information Sharing.--The Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, shall issue guidance to agencies for sharing the inventory of the agency required under subsection (b)(1) with the Director of the Cybersecurity and Infrastructure Security Agency, using automation and machine- readable data to the greatest extent practicable. (d) Briefing.--Not later than 60 days after the date on which the Director issues guidance under subsection (a)(2), the Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, shall provide to the appropriate congressional committees a briefing on the guidance. SEC. 109. DATA AND LOGGING RETENTION FOR INCIDENT RESPONSE. (a) Recommendations.--Not later than 2 years after the date of enactment of this Act, and not less frequently than every 2 years thereafter, the Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Attorney General, shall submit to the Director recommendations on requirements for logging events on agency systems and retaining other relevant data within the systems and networks of an agency. (b) Contents.--The recommendations provided under subsection (a) shall include-- (1) the types of logs to be maintained; (2) the duration that logs and other relevant data should be retained; (3) the time periods for agency implementation of recommended logging and security requirements; (4) how to ensure the confidentiality, integrity, and availability of logs; (5) requirements to ensure that, upon request, in a manner that excludes or otherwise reasonably protects personally identifiable information, and to the extent permitted by applicable law (including privacy and statistical laws), agencies provide logs to-- (A) the Director of the Cybersecurity and Infrastructure Security Agency for a cybersecurity purpose; and (B) the Director of the Federal Bureau of Investigation, or the appropriate Federal law enforcement agency, to investigate potential criminal activity; and (6) requirements to ensure that, subject to compliance with statistical laws and other relevant data protection requirements, the highest level security operations center of each agency has visibility into all agency logs. (c) Guidance.--Not later than 90 days after receiving the recommendations submitted under subsection (a), the Director, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency and the Attorney General, shall, as determined to be appropriate by the Director, update guidance to agencies regarding requirements for logging, log retention, log management, sharing of log data with other appropriate agencies, or any other logging activity determined to be appropriate by the Director. (d) Sunset.--This section shall cease to have force or effect on the date that is 10 years after the date of the enactment of this Act. SEC. 110. CISA AGENCY ADVISORS. (a) In General.--Not later than 120 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall assign not less than 1 cybersecurity professional employed by the Cybersecurity and Infrastructure Security Agency to be the Cybersecurity and Infrastructure Security Agency advisor to the senior agency information security officer of each agency. (b) Qualifications.--Each advisor assigned under subsection (a) shall have knowledge of-- (1) cybersecurity threats facing agencies, including any specific threats to the assigned agency; (2) performing risk assessments of agency systems; and (3) other Federal cybersecurity initiatives. (c) Duties.--The duties of each advisor assigned under subsection (a) shall include-- (1) providing ongoing assistance and advice, as requested, to the agency Chief Information Officer; (2) serving as an incident response point of contact between the assigned agency and the Cybersecurity and Infrastructure Security Agency; and (3) familiarizing themselves with agency systems, processes, and procedures to better facilitate support to the agency in responding to incidents. (d) Limitation.--An advisor assigned under subsection (a) shall not be a contractor. (e) Multiple Assignments.--One individual advisor may be assigned to multiple agency Chief Information Officers under subsection (a). SEC. 111. FEDERAL PENETRATION TESTING POLICY. (a) In General.--Subchapter II of chapter 35 of title 44, United States Code, is amended by adding at the end the following: ``Sec. 3559A. Federal penetration testing ``(a) Definitions.--In this section: ``(1) Agency operational plan.--The term `agency operational plan' means a plan of an agency for the use of penetration testing. ``(2) Rules of engagement.--The term `rules of engagement' means a set of rules established by an agency for the use of penetration testing. ``(b) Guidance.-- ``(1) In general.--The Director, in consultation with the Secretary, acting through the Director of the Cybersecurity and Infrastructure Security Agency, shall issue guidance to agencies that-- ``(A) requires agencies to use, when and where appropriate, penetration testing on agency systems by both Federal and non-Federal entities; and ``(B) requires agencies to develop an agency operational plan and rules of engagement that meet the requirements under subsection (c). ``(2) Penetration testing guidance.--The guidance issued under this section shall-- ``(A) permit an agency to use, for the purpose of performing penetration testing-- ``(i) a shared service of the agency or another agency; or ``(ii) an external entity, such as a vendor; and ``(B) require agencies to provide the rules of engagement and results of penetration testing to the Director and the Director of the Cybersecurity and Infrastructure Security Agency, without regard to the status of the entity that performs the penetration testing. ``(c) Agency Plans and Rules of Engagement.--The agency operational plan and rules of engagement of an agency shall-- ``(1) require the agency to-- ``(A) perform penetration testing, including on the high value assets of the agency; or ``(B) coordinate with the Director of the Cybersecurity and Infrastructure Security Agency to ensure that penetration testing is being performed; ``(2) establish guidelines for avoiding, as a result of penetration testing-- ``(A) adverse impacts to the operations of the agency; ``(B) adverse impacts to operational environments and systems of the agency; and ``(C) inappropriate access to data; ``(3) require the results of penetration testing to include feedback to improve the cybersecurity of the agency; and ``(4) include mechanisms for providing consistently formatted, and, if applicable, automated and machine-readable, data to the Director and the Director of the Cybersecurity and Infrastructure Security Agency. ``(d) Responsibilities of CISA.--The Director of the Cybersecurity and Infrastructure Security Agency shall-- ``(1) establish a process to assess the performance of penetration testing by both Federal and non-Federal entities that establishes minimum quality controls for penetration testing; ``(2) develop operational guidance for instituting penetration testing programs at agencies; ``(3) develop and maintain a centralized capability to offer penetration testing as a service to Federal and non- Federal entities; and ``(4) provide guidance to agencies on the best use of penetration testing resources. ``(e) Responsibilities of OMB.--The Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, shall-- ``(1) not less frequently than annually, inventory all Federal penetration testing assets; and ``(2) develop and maintain a standardized process for the use of penetration testing. ``(f) Prioritization of Penetration Testing Resources.-- ``(1) In general.--The Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, shall develop a framework for prioritizing Federal penetration testing resources among agencies. ``(2) Considerations.--In developing the framework under this subsection, the Director shall consider-- ``(A) agency system risk assessments performed under section 3554(a)(1)(A); ``(B) the Federal risk assessment performed under section 3553(i); ``(C) the analysis of Federal incident data performed under section 3597; and ``(D) any other information determined appropriate by the Director or the Director of the Cybersecurity and Infrastructure Security Agency. ``(g) Exception for National Security Systems.--The guidance issued under subsection (b) shall not apply to national security systems. ``(h) Delegation of Authority for Certain Systems.--The authorities of the Director described in subsection (b) shall be delegated-- ``(1) to the Secretary of Defense in the case of systems described in section 3553(e)(2); and ``(2) to the Director of National Intelligence in the case of systems described in 3553(e)(3).''. (b) Deadline for Guidance.--Not later than 180 days after the date of enactment of this Act, the Director shall issue the guidance required under section 3559A(b) of title 44, United States Code, as added by subsection (a). (c) Clerical Amendment.--The table of sections for chapter 35 of title 44, United States Code, is amended by adding after the item relating to section 3559 the following: ``3559A. Federal penetration testing.''. (d) Sunset.-- (1) In general.--Effective on the date that is 10 years after the date of enactment of this Act, subchapter II of chapter 35 of title 44, United States Code, is amended by striking section 3559A. (2) Clerical amendment.--Effective on the date that is 10 years after the date of enactment of this Act, the table of sections for chapter 35 of title 44, United States Code, is amended by striking the item relating to section 3559A. SEC. 112. ONGOING THREAT HUNTING PROGRAM. (a) Threat Hunting Program.-- (1) In general.--Not later than 540 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall establish a program to provide ongoing, hypothesis-driven threat-hunting services on the network of each agency. (2) Plan.--Not later than 180 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall develop a plan to establish the program required under paragraph (1) that describes how the Director of the Cybersecurity and Infrastructure Security Agency plans to-- (A) determine the method for collecting, storing, accessing, analyzing, and safeguarding appropriate agency data; (B) provide on-premises support to agencies; (C) staff threat hunting services; (D) allocate available human and financial resources to implement the plan; and (E) provide input to the heads of agencies on the use of additional cybersecurity procedures under section 3554 of title 44, United States Code. (b) Reports.--The Director of the Cybersecurity and Infrastructure Security Agency shall submit to the appropriate congressional committees-- (1) not later than 30 days after the date on which the Director of the Cybersecurity and Infrastructure Security Agency completes the plan required under subsection (a)(2), a report on the plan to provide threat hunting services to agencies; (2) not less than 30 days before the date on which the Director of the Cybersecurity and Infrastructure Security Agency begins providing threat hunting services under the program under subsection (a)(1), a report providing any updates to the plan developed under subsection (a)(2); and (3) not later than 1 year after the date on which the Director of the Cybersecurity and Infrastructure Security Agency begins providing threat hunting services to agencies other than the Cybersecurity and Infrastructure Security Agency, a report describing lessons learned from providing those services. SEC. 113. CODIFYING VULNERABILITY DISCLOSURE PROGRAMS. (a) In General.--Chapter 35 of title 44, United States Code, is amended by inserting after section 3559A, as added by section 111 of this title, the following: ``Sec. 3559B. Federal vulnerability disclosure programs ``(a) Purpose; Sense of Congress.-- ``(1) Purpose.--The purpose of Federal vulnerability disclosure programs is to create a mechanism to use the expertise of the public to provide a service to Federal agencies by identifying information system vulnerabilities. ``(2) Sense of congress.--It is the sense of Congress that, in implementing the requirements of this section, the Federal Government should take appropriate steps to reduce real and perceived burdens in communications between agencies and security researchers. ``(b) Definitions.--In this section: ``(1) Report.--The term `report' means a vulnerability disclosure made to an agency by a reporter. ``(2) Reporter.--The term `reporter' means an individual that submits a vulnerability report pursuant to the vulnerability disclosure process of an agency. ``(c) Responsibilities of OMB.-- ``(1) Limitation on legal action.--The Director, in consultation with the Attorney General, shall issue guidance to agencies to not recommend or pursue legal action against a reporter or an individual that conducts a security research activity that the head of the agency determines-- ``(A) represents a good faith effort to follow the vulnerability disclosure policy of the agency developed under subsection (e)(2); and ``(B) is authorized under the vulnerability disclosure policy of the agency developed under subsection (e)(2). ``(2) Sharing information with cisa.--The Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency and in consultation with the National Cyber Director, shall issue guidance to agencies on sharing relevant information in a consistent, automated, and machine readable manner with the Director of the Cybersecurity and Infrastructure Security Agency, including-- ``(A) any valid or credible reports of newly discovered or not publicly known vulnerabilities (including misconfigurations) on Federal information systems that use commercial software or services; ``(B) information relating to vulnerability disclosure, coordination, or remediation activities of an agency, particularly as those activities relate to outside organizations-- ``(i) with which the head of the agency believes the Director of the Cybersecurity and Infrastructure Security Agency can assist; or ``(ii) about which the head of the agency believes the Director of the Cybersecurity and Infrastructure Security Agency should know; and ``(C) any other information with respect to which the head of the agency determines helpful or necessary to involve the Director of the Cybersecurity and Infrastructure Security Agency. ``(3) Agency vulnerability disclosure policies.--The Director shall issue guidance to agencies on the required minimum scope of agency systems covered by the vulnerability disclosure policy of an agency required under subsection (e)(2). ``(d) Responsibilities of CISA.--The Director of the Cybersecurity and Infrastructure Security Agency shall-- ``(1) provide support to agencies with respect to the implementation of the requirements of this section; ``(2) develop tools, processes, and other mechanisms determined appropriate to offer agencies capabilities to implement the requirements of this section; and ``(3) upon a request by an agency, assist the agency in the disclosure to vendors of newly identified vulnerabilities in vendor products and services. ``(e) Responsibilities of Agencies.-- ``(1) Public information.--The head of each agency shall make publicly available, with respect to each internet domain under the control of the agency that is not a national security system-- ``(A) an appropriate security contact; and ``(B) the component of the agency that is responsible for the internet accessible services offered at the domain. ``(2) Vulnerability disclosure policy.--The head of each agency shall develop and make publicly available a vulnerability disclosure policy for the agency, which shall-- ``(A) describe-- ``(i) the scope of the systems of the agency included in the vulnerability disclosure policy; ``(ii) the type of information system testing that is authorized by the agency; ``(iii) the type of information system testing that is not authorized by the agency; and ``(iv) the disclosure policy of the agency for sensitive information; ``(B) with respect to a report to an agency, describe-- ``(i) how the reporter should submit the report; and ``(ii) if the report is not anonymous, when the reporter should anticipate an acknowledgment of receipt of the report by the agency; ``(C) include any other relevant information; and ``(D) be mature in scope and cover every internet accessible Federal information system used or operated by that agency or on behalf of that agency. ``(3) Identified vulnerabilities.--The head of each agency shall incorporate any vulnerabilities reported under paragraph (2) into the vulnerability management process of the agency in order to track and remediate the vulnerability. ``(f) Congressional Reporting.--Not later than 90 days after the date of enactment of the Federal Information Security Modernization Act of 2022, and annually thereafter for a 3-year period, the Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Director, shall provide to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a briefing on the status of the use of vulnerability disclosure policies under this section at agencies, including, with respect to the guidance issued under subsection (c)(3), an identification of the agencies that are compliant and not compliant. ``(g) Exemptions.--The authorities and functions of the Director and Director of the Cybersecurity and Infrastructure Security Agency under this section shall not apply to national security systems. ``(h) Delegation of Authority for Certain Systems.--The authorities of the Director and the Director of the Cybersecurity and Infrastructure Security Agency described in this section shall be delegated-- ``(1) to the Secretary of Defense in the case of systems described in section 3553(e)(2); and ``(2) to the Director of National Intelligence in the case of systems described in section 3553(e)(3).''. (b) Clerical Amendment.--The table of sections for chapter 35 of title 44, United States Code, is amended by adding after the item relating to section 3559A, as added by section 111, the following: ``3559B. Federal vulnerability disclosure programs.''. (c) Sunset.-- (1) In general.--Effective on the date that is 10 years after the date of enactment of this Act, subchapter II of chapter 35 of title 44, United States Code, is amended by striking section 3559B. (2) Clerical amendment.--Effective on the date that is 10 years after the date of enactment of this Act, the table of sections for chapter 35 of title 44, United States Code, is amended by striking the item relating to section 3559B. SEC. 114. IMPLEMENTING ZERO TRUST ARCHITECTURE. (a) Guidance.--Not later than 18 months after the date of enactment of this Act, the Director shall provide an update to the appropriate congressional committees on progress in increasing the internal defenses of agency systems, including-- (1) shifting away from ``trusted networks'' to implement security controls based on a presumption of compromise; (2) implementing principles of least privilege in administering information security programs; (3) limiting the ability of entities that cause incidents to move laterally through or between agency systems; (4) identifying incidents quickly; (5) isolating and removing unauthorized entities from agency systems as quickly as practicable, accounting for intelligence or law enforcement purposes; (6) otherwise increasing the resource costs for entities that cause incidents to be successful; and (7) a summary of the agency progress reports required under subsection (b). (b) Agency Progress Reports.--Not later than 270 days after the date of enactment of this Act, the head of each agency shall submit to the Director a progress report on implementing an information security program based on the presumption of compromise and least privilege principles, which shall include-- (1) a description of any steps the agency has completed, including progress toward achieving requirements issued by the Director, including the adoption of any models or reference architecture; (2) an identification of activities that have not yet been completed and that would have the most immediate security impact; and (3) a schedule to implement any planned activities. SEC. 115. AUTOMATION REPORTS. (a) OMB Report.--Not later than 180 days after the date of enactment of this Act, the Director shall provide to the appropriate congressional committees an update on the use of automation under paragraphs (1), (5)(C), and (8)(B) of section 3554(b) of title 44, United States Code. (b) GAO Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall perform a study on the use of automation and machine readable data across the Federal Government for cybersecurity purposes, including the automated updating of cybersecurity tools, sensors, or processes by agencies. SEC. 116. EXTENSION OF FEDERAL ACQUISITION SECURITY COUNCIL AND SOFTWARE INVENTORY. (a) Extension.--Section 1328 of title 41, United States Code, is amended by striking ``the date that'' and all that follows and inserting ``December 31, 2026.''. (b) Requirement.--Subsection 1326(b) of title 41, United States Code, is amended-- (1) in paragraph (5), by striking ``and'' at the end; (2) by redesignating paragraph (6) as paragraph (7); and (3) by inserting after paragraph (5) the following: ``(6) maintaining an up-to-date and accurate inventory of software in use by the agency and, if available and applicable, the components of such software, that can be communicated at the request of the Federal Acquisition Security Council, the National Cyber Director, or the Secretary of Homeland Security, acting through the Director of Cybersecurity and Infrastructure Security Agency; and''. SEC. 117. COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY DASHBOARD. (a) Dashboard Required.--Section 11(e)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) in subparagraph (A), by striking ``and'' at the end; (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following: ``(B) that shall include a dashboard of open information security recommendations identified in the independent evaluations required by section 3555(a) of title 44, United States Code; and''. SEC. 118. QUANTITATIVE CYBERSECURITY METRICS. (a) Definition of Covered Metrics.--In this section, the term ``covered metrics'' means the metrics established, reviewed, and updated under section 224(c) of the Cybersecurity Act of 2015 (6 U.S.C. 1522(c)). (b) Updating and Establishing Metrics.--Not later than 1 year after the date of enactment of this Act, and as appropriate thereafter, the Director of the Cybersecurity and Infrastructure Security Agency, in coordination with the Director, shall-- (1) evaluate any covered metrics established as of the date of enactment of this Act; and (2) as appropriate and pursuant to section 224(c) of the Cybersecurity Act of 2015 (6 U.S.C. 1522(c)) update or establish new covered metrics. (c) Implementation.-- (1) In general.--Not later than 540 days after the date of enactment of this Act, the Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, shall promulgate guidance that requires each agency to use covered metrics to track trends in the cybersecurity and incident response capabilities of the agency. (2) Performance demonstration.--The guidance issued under paragraph (1) and any subsequent guidance shall require agencies to share with the Director of the Cybersecurity and Infrastructure Security Agency data demonstrating the performance of the agency using the covered metrics included in the guidance. (3) Penetration tests.--On not less than 2 occasions during the 2-year period following the date on which guidance is promulgated under paragraph (1), the Director shall ensure that not less than 3 agencies are subjected to substantially similar penetration tests, as determined by the Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, in order to validate the utility of the covered metrics. (4) Analysis capacity.--The Director of the Cybersecurity and Infrastructure Security Agency shall develop a capability that allows for the analysis of the covered metrics, including cross-agency performance of agency cybersecurity and incident response capability trends. (5) Time-based metric.--With respect the first update or establishment of covered metrics required under subsection (b)(2), the Director of the Cybersecurity and Infrastructure Security Agency shall establish covered metrics that include not less than 1 metric addressing the time it takes for agencies to identify and respond to incidents. (d) Congressional Reports.--Not later than 1 year after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency, in coordination with the Director, shall submit to the appropriate congressional committees a report on the utility and use of the covered metrics. SEC. 119. ESTABLISHMENT OF RISK-BASED BUDGET MODEL. (a) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate; and (B) the Committee on Oversight and Reform, the Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives. (2) Covered agency.--The term ``covered agency'' has the meaning given the term ``executive agency'' in section 133 of title 41, United States Code. (3) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (4) Information technology.--The term ``information technology''-- (A) has the meaning given the term in section 11101 of title 40, United States Code; and (B) includes the hardware and software systems of a Federal agency that monitor and control physical equipment and processes of the Federal agency. (5) Risk-based budget.--The term ``risk-based budget'' means a budget-- (A) developed by identifying and prioritizing cybersecurity risks and vulnerabilities, including impact on agency operations in the case of a cyber attack, through analysis of cyber threat intelligence, incident data, and tactics, techniques, procedures, and capabilities of cyber threats; and (B) that allocates resources based on the risks identified and prioritized under subparagraph (A). (b) Establishment of Risk-based Budget Model.-- (1) In general.-- (A) Model.--Not later than 1 year after the first publication of the budget submitted by the President under section 1105 of title 31, United States Code, following the date of enactment of this Act, the Director, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency and the National Cyber Director and in coordination with the Director of the National Institute of Standards and Technology, shall develop a standard model for informing a risk-based budget for cybersecurity spending. (B) Responsibility of director.--Section 3553(a) of title 44, United States Code, as amended by section 103 of this title, is further amended by inserting after paragraph (6) the following: ``(7) developing a standard risk-based budget model to inform Federal agency cybersecurity budget development; and''. (C) Contents of model.--The model required to be developed under subparagraph (A) shall utilize appropriate information to evaluate risk, including, as determined appropriate by the Director-- (i) Federal and non-Federal cyber threat intelligence products, where available, to identify threats, vulnerabilities, and risks; (ii) analysis of the impact of agency operations of compromise of systems, including the interconnectivity to other agency systems and the operations of other agencies; and (iii) to the greatest extent practicable, analysis of where resources should be allocated to have the greatest impact on mitigating current and future threats and current and future cybersecurity capabilities. (D) Use of model.--The model required to be developed under subparagraph (A) shall be used to-- (i) inform acquisition and sustainment of-- (I) information technology and cybersecurity tools; (II) information technology and cybersecurity architectures; (III) information technology and cybersecurity personnel; and (IV) cybersecurity and information technology concepts of operations; and (ii) evaluate and inform Government-wide cybersecurity programs. (E) Model variation.--The Director may develop multiple models under subparagraph (A) based on different agency characteristics, such as size or cybersecurity maturity. (F) Required updates.--Not less frequently than once every 3 years, the Director shall review, and update as necessary, the model required to be developed under subparagraph (A). (G) Publication.--Not earlier than 5 years after the date on which the model developed under subparagraph (A) is completed, the Director shall, taking into account any classified or sensitive information, publish the model, and any updates necessary under subparagraph (F), on the public website of the Office of Management and Budget. (H) Reports.--Not later than 2 years after the first publication of the budget submitted by the President under section 1105 of title 31, United States Code, following the date of enactment of this Act, and annually thereafter for each of the 2 following fiscal years or until the date on which the model required to be developed under subparagraph (A) is completed, whichever is sooner, the Director shall submit to the appropriate congressional committees a report on the development of the model. (2) Phased implementation of risk-based budget model.-- (A) Initial phase.-- (i) In general.--Not later than 2 years after the date on which the model developed under paragraph (1) is completed, the Director shall require not less than 5 covered agencies to use the model to inform the development of the annual cybersecurity and information technology budget requests of those covered agencies. (ii) Briefing.--Not later than 1 year after the date on which the covered agencies selected under clause (i) begin using the model developed under paragraph (1), the Director shall provide to the appropriate congressional committees a briefing on implementation of risk-based budgeting for cybersecurity spending, an assessment of agency implementation, and an evaluation of whether the risk-based budget helps to mitigate cybersecurity vulnerabilities. (B) Full deployment.--Not later than 5 years after the date on which the model developed under paragraph (1) is completed, the head of each covered agency shall use the model, or any updated model pursuant to paragraph (1)(F), to the greatest extent practicable, to inform the development of the annual cybersecurity and information technology budget requests of the covered agency. (C) Agency performance plans.-- (i) Amendment.--Section 3554(d)(2) of title 44, United States Code, is amended by inserting ``and the risk-based budget model required under section 3553(a)(7)'' after ``paragraph (1)''. (ii) Effective date.--The amendment made by clause (i) shall take effect on the date that is 5 years after the date on which the model developed under paragraph (1) is completed. (3) Verification.-- (A) In general.--Section 1105(a)(35)(A)(i) of title 31, United States Code, is amended-- (i) in the matter preceding subclause (I), by striking ``by agency, and by initiative area (as determined by the administration)'' and inserting ``and by agency''; (ii) in subclause (III), by striking ``and'' at the end; and (iii) by adding at the end the following: ``(V) a validation that the budgets submitted were informed by using a risk-based methodology; and ``(VI) a report on the progress of each agency on closing recommendations identified under the independent evaluation required by section 3555(a)(1) of title 44.''. (B) Effective date.--The amendments made by subparagraph (A) shall take effect on the date that is 5 years after the date on which the model developed under paragraph (1) is completed. (4) Reports.-- (A) Independent evaluation.--Section 3555(a)(2) of title 44, United States Code, is amended-- (i) in subparagraph (B), by striking ``and'' at the end; (ii) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(D) an assessment of how the agency was informed by the risk-based budget model required under section 3553(a)(7) and an evaluation of whether the model mitigates agency cyber vulnerabilities.''. (B) Assessment.-- (i) Amendment.--Section 3553(c) of title 44, United States Code, as amended by section 103 of this title, is further amended by inserting after paragraph (5) the following: ``(6) an assessment of-- ``(A) Federal agency utilization of the model required under subsection (a)(7); and ``(B) whether the model mitigates the cyber vulnerabilities of the Federal Government.''. (ii) Effective date.--The amendment made by clause (i) shall take effect on the date that is 5 years after the date on which the model developed under paragraph (1) is completed. (5) GAO report.--Not later than 3 years after the date on which the first budget of the President is submitted to Congress containing the validation required under section 1105(a)(35)(A)(i)(V) of title 31, United States Code, as amended by paragraph (3), the Comptroller General of the United States shall submit to the appropriate congressional committees a report that includes-- (A) an evaluation of the success of covered agencies in utilizing the risk-based budget model; (B) an evaluation of the success of covered agencies in implementing risk-based budgets; (C) an evaluation of whether the risk-based budgets developed by covered agencies are effective at informing Federal Government-wide cybersecurity programs; and (D) any other information relating to risk-based budgets the Comptroller General determines appropriate. SEC. 120. ACTIVE CYBER DEFENSIVE STUDY. (a) Definition.--In this section, the term ``active defense technique''-- (1) means an action taken on the systems of an entity to increase the security of information on the network of an agency by misleading an adversary; and (2) includes a honeypot, deception, or purposefully feeding false or misleading data to an adversary when the adversary is on the systems of the entity. (b) Study.--Not later than 180 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency, in coordination with the Director and the National Cyber Director, shall perform a study on the use of active defense techniques to enhance the security of agencies, which shall include-- (1) a review of legal restrictions on the use of different active cyber defense techniques in Federal environments, in consultation with the Department of Justice; (2) an evaluation of-- (A) the efficacy of a selection of active defense techniques determined by the Director of the Cybersecurity and Infrastructure Security Agency; and (B) factors that impact the efficacy of the active defense techniques evaluated under subparagraph (A); (3) recommendations on safeguards and procedures that shall be established to require that active defense techniques are adequately coordinated to ensure that active defense techniques do not impede agency operations and mission delivery, threat response efforts, criminal investigations, and national security activities, including intelligence collection; and (4) the development of a framework for the use of different active defense techniques by agencies. SEC. 121. SECURITY OPERATIONS CENTER AS A SERVICE PILOT. (a) Purpose.--The purpose of this section is for the Cybersecurity and Infrastructure Security Agency to run a security operation center on behalf of another agency, alleviating the need to duplicate this function at every agency, and empowering a greater centralized cybersecurity capability. (b) Plan.--Not later than 1 year after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall develop a plan to establish a centralized Federal security operations center shared service offering within the Cybersecurity and Infrastructure Security Agency. (c) Contents.--The plan required under subsection (b) shall include considerations for-- (1) collecting, organizing, and analyzing agency information system data in real time; (2) staffing and resources; and (3) appropriate interagency agreements, concepts of operations, and governance plans. (d) Pilot Program.-- (1) In general.--Not later than 180 days after the date on which the plan required under subsection (b) is developed, the Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Director, shall enter into a 1-year agreement with not less than 2 agencies to offer a security operations center as a shared service. (2) Additional agreements.--After the date on which the briefing required under subsection (e)(1) is provided, the Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Director, may enter into additional 1-year agreements described in paragraph (1) with agencies. (e) Briefing and Report.-- (1) Briefing.--Not later than 270 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall provide to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on Oversight and Reform of the House of Representatives a briefing on the parameters of any 1-year agreements entered into under subsection (d)(1). (2) Report.--Not later than 90 days after the date on which the first 1-year agreement entered into under subsection (d) expires, the Director of the Cybersecurity and Infrastructure Security Agency shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on Oversight and Reform of the House of Representatives a report on-- (A) the agreement; and (B) any additional agreements entered into with agencies under subsection (d). SEC. 122. EXTENSION OF CHIEF DATA OFFICER COUNCIL. Section 3520A(e)(2) of title 44, United States Code, is amended by striking ``upon the expiration of the 2-year period that begins on the date the Comptroller General submits the report under paragraph (1) to Congress'' and inserting ``January 31, 2030''. SEC. 123. FEDERAL CYBERSECURITY REQUIREMENTS. (a) Exemption From Federal Requirements.--Section 225(b)(2) of the Federal Cybersecurity Enhancement Act of 2015 (6 U.S.C. 1523(b)(2)) is amended to read as follows: ``(2) Exception.-- ``(A) In general.--A particular requirement under paragraph (1) shall not apply to an agency information system of an agency if-- ``(i) with respect to the agency information system, the head of the agency submits to the Director an application for an exemption from the particular requirement, in which the head of the agency personally certifies to the Director with particularity that-- ``(I) operational requirements articulated in the certification and related to the agency information system would make it excessively burdensome to implement the particular requirement; ``(II) the particular requirement is not necessary to secure the agency information system or agency information stored on or transiting the agency information system; and ``(III) the agency has taken all necessary steps to secure the agency information system and agency information stored on or transiting the agency information system; ``(ii) the head of the agency or the designee of the head of the agency has submitted the certification described in clause (i) to the appropriate congressional committees and any other congressional committee with jurisdiction over the agency; and ``(iii) the Director grants the exemption from the particular requirement. ``(B) Duration of exemption.-- ``(i) In general.--An exemption granted under subparagraph (A) shall expire on the date that is 1 year after the date on which the Director granted the exemption. ``(ii) Renewal.--Upon the expiration of an exemption granted to an agency under subparagraph (A), the head of the agency may apply for an additional exemption.''. (b) Report on Exemptions.--Section 3554(c)(1) of title 44, United States Code, as amended by section 103(c) of this title, is amended-- (1) in subparagraph (C), by striking ``and'' at the end; (2) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(E) with respect to any exemption the Director of the Office of Management and Budget has granted the agency under section 225(b)(2) of the Federal Cybersecurity Enhancement Act of 2015 (6 U.S.C. 1523(b)(2)) that is effective on the date of submission of the report-- ``(i) an identification of each particular requirement from which any agency information system (as defined in section 2210 of the Homeland Security Act of 2002 (6 U.S.C. 660)) is exempted; and ``(ii) for each requirement identified under clause (i)-- ``(I) an identification of the agency information system described in clause (i) exempted from the requirement; and ``(II) an estimate of the date on which the agency will to be able to comply with the requirement.''. (c) Effective Date.--The amendments made by this section shall take effect on the date that is 1 year after the date of enactment of this Act. TITLE II--CYBER INCIDENT REPORTING FOR CRITICAL INFRASTRUCTURE ACT OF 2022 SEC. 201. SHORT TITLE. This title may be cited as the ``Cyber Incident Reporting for Critical Infrastructure Act of 2022''. SEC. 202. DEFINITIONS. In this title: (1) Covered cyber incident; covered entity; cyber incident; information system; ransom payment; ransomware attack; security vulnerability.--The terms ``covered cyber incident'', ``covered entity'', ``cyber incident'', ``information system'', ``ransom payment'', ``ransomware attack'', and ``security vulnerability'' have the meanings given those terms in section 2240 of the Homeland Security Act of 2002, as added by section 203 of this title. (2) Director.--The term ``Director'' means the Director of the Cybersecurity and Infrastructure Security Agency. SEC. 203. CYBER INCIDENT REPORTING. (a) Cyber Incident Reporting.--Title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is amended-- (1) in section 2209(c) (6 U.S.C. 659(c))-- (A) in paragraph (11), by striking ``; and'' and inserting a semicolon; (B) in paragraph (12), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(13) receiving, aggregating, and analyzing reports related to covered cyber incidents (as defined in section 2240) submitted by covered entities (as defined in section 2240) and reports related to ransom payments (as defined in section 2240) submitted by covered entities (as defined in section 2240) in furtherance of the activities specified in sections 2202(e), 2203, and 2241, this subsection, and any other authorized activity of the Director, to enhance the situational awareness of cybersecurity threats across critical infrastructure sectors.''; and (2) by adding at the end the following: ``Subtitle D--Cyber Incident Reporting ``SEC. 2240. DEFINITIONS. ``In this subtitle: ``(1) Center.--The term `Center' means the center established under section 2209. ``(2) Cloud service provider.--The term `cloud service provider' means an entity offering products or services related to cloud computing, as defined by the National Institute of Standards and Technology in NIST Special Publication 800-145 and any amendatory or superseding document relating thereto. ``(3) Council.--The term `Council' means the Cyber Incident Reporting Council described in section 2246. ``(4) Covered cyber incident.--The term `covered cyber incident' means a substantial cyber incident experienced by a covered entity that satisfies the definition and criteria established by the Director in the final rule issued pursuant to section 2242(b). ``(5) Covered entity.--The term `covered entity' means an entity in a critical infrastructure sector, as defined in Presidential Policy Directive 21, that satisfies the definition established by the Director in the final rule issued pursuant to section 2242(b). ``(6) Cyber incident.--The term `cyber incident'-- ``(A) has the meaning given the term `incident' in section 2209; and ``(B) does not include an occurrence that imminently, but not actually, jeopardizes-- ``(i) information on information systems; or ``(ii) information systems. ``(7) Cyber threat.--The term `cyber threat' has the meaning given the term `cybersecurity threat' in section 2201. ``(8) Cyber threat indicator; cybersecurity purpose; defensive measure; federal entity; security vulnerability.--The terms `cyber threat indicator', `cybersecurity purpose', `defensive measure', `Federal entity', and `security vulnerability' have the meanings given those terms in section 102 of the Cybersecurity Act of 2015 (6 U.S.C. 1501). ``(9) Incident; sharing.--The terms `incident' and `sharing' have the meanings given those terms in section 2209. ``(10) Information sharing and analysis organization.--The term `Information Sharing and Analysis Organization' has the meaning given the term in section 2222. ``(11) Information system.--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. ``(12) Managed service provider.--The term `managed service provider' means an entity that delivers services, such as network, application, infrastructure, or security services, via ongoing and regular support and active administration on the premises of a customer, in the data center of the entity (such as hosting), or in a third party data center. ``(13) Ransom payment.--The term `ransom payment' means the transmission of any money or other property or asset, including virtual currency, or any portion thereof, which has at any time been delivered as ransom in connection with a ransomware attack. ``(14) Ransomware attack.--The term `ransomware attack'-- ``(A) means an incident that includes the use or threat of use of unauthorized or malicious code on an information system, or the use or threat of use of another digital mechanism such as a denial of service attack, to interrupt or disrupt the operations of an information system or compromise the confidentiality, availability, or integrity of electronic data stored on, processed by, or transiting an information system to extort a demand for a ransom payment; and ``(B) does not include any such event where the demand for payment is-- ``(i) not genuine; or ``(ii) made in good faith by an entity in response to a specific request by the owner or operator of the information system. ``(15) Sector risk management agency.--The term `Sector Risk Management Agency' has the meaning given the term in section 2201. ``(16) Significant cyber incident.--The term `significant cyber incident' means a cyber incident, or a group of related cyber incidents, that the Secretary determines is likely to result in demonstrable harm to the national security interests, foreign relations, or economy of the United States or to the public confidence, civil liberties, or public health and safety of the people of the United States. ``(17) Supply chain compromise.--The term `supply chain compromise' means an incident within the supply chain of an information system that an adversary can leverage or does leverage to jeopardize the confidentiality, integrity, or availability of the information system or the information the system processes, stores, or transmits, and can occur at any point during the life cycle. ``(18) Virtual currency.--The term `virtual currency' means the digital representation of value that functions as a medium of exchange, a unit of account, or a store of value. ``(19) Virtual currency address.--The term `virtual currency address' means a unique public cryptographic key identifying the location to which a virtual currency payment can be made. ``SEC. 2241. CYBER INCIDENT REVIEW. ``(a) Activities.--The Center shall-- ``(1) receive, aggregate, analyze, and secure, using processes consistent with the processes developed pursuant to the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501 et seq.) reports from covered entities related to a covered cyber incident to assess the effectiveness of security controls, identify tactics, techniques, and procedures adversaries use to overcome those controls and other cybersecurity purposes, including to assess potential impact of cyber incidents on public health and safety and to enhance situational awareness of cyber threats across critical infrastructure sectors; ``(2) coordinate and share information with appropriate Federal departments and agencies to identify and track ransom payments, including those utilizing virtual currencies; ``(3) leverage information gathered about cyber incidents to-- ``(A) enhance the quality and effectiveness of information sharing and coordination efforts with appropriate entities, including agencies, sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, critical infrastructure owners and operators, cybersecurity and cyber incident response firms, and security researchers; and ``(B) provide appropriate entities, including sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, cybersecurity and cyber incident response firms, and security researchers, with timely, actionable, and anonymized reports of cyber incident campaigns and trends, including, to the maximum extent practicable, related contextual information, cyber threat indicators, and defensive measures, pursuant to section 2245; ``(4) establish mechanisms to receive feedback from stakeholders on how the Agency can most effectively receive covered cyber incident reports, ransom payment reports, and other voluntarily provided information, and how the Agency can most effectively support private sector cybersecurity; ``(5) facilitate the timely sharing, on a voluntary basis, between relevant critical infrastructure owners and operators of information relating to covered cyber incidents and ransom payments, particularly with respect to ongoing cyber threats or security vulnerabilities and identify and disseminate ways to prevent or mitigate similar cyber incidents in the future; ``(6) for a covered cyber incident, including a ransomware attack, that also satisfies the definition of a significant cyber incident, or is part of a group of related cyber incidents that together satisfy such definition, conduct a review of the details surrounding the covered cyber incident or group of those incidents and identify and disseminate ways to prevent or mitigate similar incidents in the future; ``(7) with respect to covered cyber incident reports under section 2242(a) and 2243 involving an ongoing cyber threat or security vulnerability, immediately review those reports for cyber threat indicators that can be anonymized and disseminated, with defensive measures, to appropriate stakeholders, in coordination with other divisions within the Agency, as appropriate; ``(8) publish quarterly unclassified, public reports that describe aggregated, anonymized observations, findings, and recommendations based on covered cyber incident reports, which may be based on the unclassified information contained in the briefings required under subsection (c); ``(9) proactively identify opportunities, consistent with the protections in section 2245, to leverage and utilize data on cyber incidents in a manner that enables and strengthens cybersecurity research carried out by academic institutions and other private sector organizations, to the greatest extent practicable; and ``(10) in accordance with section 2245 and subsection (b) of this section, as soon as possible but not later than 24 hours after receiving a covered cyber incident report, ransom payment report, voluntarily submitted information pursuant to section 2243, or information received pursuant to a request for information or subpoena under section 2244, make available the information to appropriate Sector Risk Management Agencies and other appropriate Federal agencies. ``(b) Interagency Sharing.--The President or a designee of the President-- ``(1) may establish a specific time requirement for sharing information under subsection (a)(11); and ``(2) shall determine the appropriate Federal agencies under subsection (a)(11). ``(c) Periodic Briefing.--Not later than 60 days after the effective date of the final rule required under section 2242(b), and on the first day of each month thereafter, the Director, in consultation with the National Cyber Director, the Attorney General, and the Director of National Intelligence, shall provide to the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, the minority leader of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a briefing that characterizes the national cyber threat landscape, including the threat facing Federal agencies and covered entities, and applicable intelligence and law enforcement information, covered cyber incidents, and ransomware attacks, as of the date of the briefing, which shall-- ``(1) include the total number of reports submitted under sections 2242 and 2243 during the preceding month, including a breakdown of required and voluntary reports; ``(2) include any identified trends in covered cyber incidents and ransomware attacks over the course of the preceding month and as compared to previous reports, including any trends related to the information collected in the reports submitted under sections 2242 and 2243, including-- ``(A) the infrastructure, tactics, and techniques malicious cyber actors commonly use; and ``(B) intelligence gaps that have impeded, or currently are impeding, the ability to counter covered cyber incidents and ransomware threats; ``(3) include a summary of the known uses of the information in reports submitted under sections 2242 and 2243; and ``(4) include an unclassified portion, but may include a classified component. ``SEC. 2242. REQUIRED REPORTING OF CERTAIN CYBER INCIDENTS. ``(a) In General.-- ``(1) Covered cyber incident reports.-- ``(A) In general.--A covered entity that experiences a covered cyber incident shall report the covered cyber incident to the Agency not later than 72 hours after the covered entity reasonably believes that the covered cyber incident has occurred. ``(B) Limitation.--The Director may not require reporting under subparagraph (A) any earlier than 72 hours after the covered entity reasonably believes that a covered cyber incident has occurred. ``(2) Ransom payment reports.-- ``(A) In general.--A covered entity that makes a ransom payment as the result of a ransomware attack against the covered entity shall report the payment to the Agency not later than 24 hours after the ransom payment has been made. ``(B) Application.--The requirements under subparagraph (A) shall apply even if the ransomware attack is not a covered cyber incident subject to the reporting requirements under paragraph (1). ``(3) Supplemental reports.--A covered entity shall promptly submit to the Agency an update or supplement to a previously submitted covered cyber incident report if substantial new or different information becomes available or if the covered entity makes a ransom payment after submitting a covered cyber incident report required under paragraph (1), until such date that such covered entity notifies the Agency that the covered cyber incident at issue has concluded and has been fully mitigated and resolved. ``(4) Preservation of information.--Any covered entity subject to requirements of paragraph (1), (2), or (3) shall preserve data relevant to the covered cyber incident or ransom payment in accordance with procedures established in the final rule issued pursuant to subsection (b). ``(5) Exceptions.-- ``(A) Reporting of covered cyber incident with ransom payment.--If a covered entity is the victim of a covered cyber incident and makes a ransom payment prior to the 72 hour requirement under paragraph (1), such that the reporting requirements under paragraphs (1) and (2) both apply, the covered entity may submit a single report to satisfy the requirements of both paragraphs in accordance with procedures established in the final rule issued pursuant to subsection (b). ``(B) Substantially similar reported information.-- ``(i) In general.--Subject to the limitation described in clause (ii), where the Agency has an agreement in place that satisfies the requirements of section 4(a) of the Cyber Incident Reporting for Critical Infrastructure Act of 2022, the requirements under paragraphs (1), (2), and (3) shall not apply to a covered entity required by law, regulation, or contract to report substantially similar information to another Federal agency within a substantially similar timeframe. ``(ii) Limitation.--The exemption in clause (i) shall take effect with respect to a covered entity once an agency agreement and sharing mechanism is in place between the Agency and the respective Federal agency, pursuant to section 4(a) of the Cyber Incident Reporting for Critical Infrastructure Act of 2022. ``(iii) Rules of construction.--Nothing in this paragraph shall be construed to-- ``(I) exempt a covered entity from the reporting requirements under paragraph (3) unless the supplemental report also meets the requirements of clauses (i) and (ii) of this paragraph; ``(II) prevent the Agency from contacting an entity submitting information to another Federal agency that is provided to the Agency pursuant to section 4 of the Cyber Incident Reporting for Critical Infrastructure Act of 2022; or ``(III) prevent an entity from communicating with the Agency. ``(C) Domain name system.--The requirements under paragraphs (1), (2) and (3) shall not apply to a covered entity or the functions of a covered entity that the Director determines constitute critical infrastructure owned, operated, or governed by multi- stakeholder organizations that develop, implement, and enforce policies concerning the Domain Name System, such as the Internet Corporation for Assigned Names and Numbers or the Internet Assigned Numbers Authority. ``(6) Manner, timing, and form of reports.--Reports made under paragraphs (1), (2), and (3) shall be made in the manner and form, and within the time period in the case of reports made under paragraph (3), prescribed in the final rule issued pursuant to subsection (b). ``(7) Effective date.--Paragraphs (1) through (4) shall take effect on the dates prescribed in the final rule issued pursuant to subsection (b). ``(b) Rulemaking.-- ``(1) Notice of proposed rulemaking.--Not later than 24 months after the date of enactment of this section, the Director, in consultation with Sector Risk Management Agencies, the Department of Justice, and other Federal agencies, shall publish in the Federal Register a notice of proposed rulemaking to implement subsection (a). ``(2) Final rule.--Not later than 18 months after publication of the notice of proposed rulemaking under paragraph (1), the Director shall issue a final rule to implement subsection (a). ``(3) Subsequent rulemakings.-- ``(A) In general.--The Director is authorized to issue regulations to amend or revise the final rule issued pursuant to paragraph (2). ``(B) Procedures.--Any subsequent rules issued under subparagraph (A) shall comply with the requirements under chapter 5 of title 5, United States Code, including the issuance of a notice of proposed rulemaking under section 553 of such title. ``(c) Elements.--The final rule issued pursuant to subsection (b) shall be composed of the following elements: ``(1) A clear description of the types of entities that constitute covered entities, based on-- ``(A) the consequences that disruption to or compromise of such an entity could cause to national security, economic security, or public health and safety; ``(B) the likelihood that such an entity may be targeted by a malicious cyber actor, including a foreign country; and ``(C) the extent to which damage, disruption, or unauthorized access to such an entity, including the accessing of sensitive cybersecurity vulnerability information or penetration testing tools or techniques, will likely enable the disruption of the reliable operation of critical infrastructure. ``(2) A clear description of the types of substantial cyber incidents that constitute covered cyber incidents, which shall-- ``(A) at a minimum, require the occurrence of-- ``(i) a cyber incident that leads to substantial loss of confidentiality, integrity, or availability of such information system or network, or a serious impact on the safety and resiliency of operational systems and processes; ``(ii) a disruption of business or industrial operations, including due to a denial of service attack, ransomware attack, or exploitation of a zero day vulnerability, against ``(I) an information system or network; or ``(II) an operational technology system or process; or ``(iii) unauthorized access or disruption of business or industrial operations due to loss of service facilitated through, or caused by, a compromise of a cloud service provider, managed service provider, or other third-party data hosting provider or by a supply chain compromise; ``(B) consider-- ``(i) the sophistication or novelty of the tactics used to perpetrate such a cyber incident, as well as the type, volume, and sensitivity of the data at issue; ``(ii) the number of individuals directly or indirectly affected or potentially affected by such a cyber incident; and ``(iii) potential impacts on industrial control systems, such as supervisory control and data acquisition systems, distributed control systems, and programmable logic controllers; and ``(C) exclude-- ``(i) any event where the cyber incident is perpetrated in good faith by an entity in response to a specific request by the owner or operator of the information system; and ``(ii) the threat of disruption as extortion, as described in section 2240(14)(A). ``(3) A requirement that, if a covered cyber incident or a ransom payment occurs following an exempted threat described in paragraph (2)(C)(ii), the covered entity shall comply with the requirements in this subtitle in reporting the covered cyber incident or ransom payment. ``(4) A clear description of the specific required contents of a report pursuant to subsection (a)(1), which shall include the following information, to the extent applicable and available, with respect to a covered cyber incident: ``(A) A description of the covered cyber incident, including-- ``(i) identification and a description of the function of the affected information systems, networks, or devices that were, or are reasonably believed to have been, affected by such cyber incident; ``(ii) a description of the unauthorized access with substantial loss of confidentiality, integrity, or availability of the affected information system or network or disruption of business or industrial operations; ``(iii) the estimated date range of such incident; and ``(iv) the impact to the operations of the covered entity. ``(B) Where applicable, a description of the vulnerabilities exploited and the security defenses that were in place, as well as the tactics, techniques, and procedures used to perpetrate the covered cyber incident. ``(C) Where applicable, any identifying or contact information related to each actor reasonably believed to be responsible for such cyber incident. ``(D) Where applicable, identification of the category or categories of information that were, or are reasonably believed to have been, accessed or acquired by an unauthorized person. ``(E) The name and other information that clearly identifies the covered entity impacted by the covered cyber incident, including, as applicable, the State of incorporation or formation of the covered entity, trade names, legal names, or other identifiers. ``(F) Contact information, such as telephone number or electronic mail address, that the Agency may use to contact the covered entity or an authorized agent of such covered entity, or, where applicable, the service provider of such covered entity acting with the express permission of, and at the direction of, the covered entity to assist with compliance with the requirements of this subtitle. ``(5) A clear description of the specific required contents of a report pursuant to subsection (a)(2), which shall be the following information, to the extent applicable and available, with respect to a ransom payment: ``(A) A description of the ransomware attack, including the estimated date range of the attack. ``(B) Where applicable, a description of the vulnerabilities, tactics, techniques, and procedures used to perpetrate the ransomware attack. ``(C) Where applicable, any identifying or contact information related to the actor or actors reasonably believed to be responsible for the ransomware attack. ``(D) The name and other information that clearly identifies the covered entity that made the ransom payment or on whose behalf the payment was made. ``(E) Contact information, such as telephone number or electronic mail address, that the Agency may use to contact the covered entity that made the ransom payment or an authorized agent of such covered entity, or, where applicable, the service provider of such covered entity acting with the express permission of, and at the direction of, that covered entity to assist with compliance with the requirements of this subtitle. ``(F) The date of the ransom payment. ``(G) The ransom payment demand, including the type of virtual currency or other commodity requested, if applicable. ``(H) The ransom payment instructions, including information regarding where to send the payment, such as the virtual currency address or physical address the funds were requested to be sent to, if applicable. ``(I) The amount of the ransom payment. ``(6) A clear description of the types of data required to be preserved pursuant to subsection (a)(4), the period of time for which the data is required to be preserved, and allowable uses, processes, and procedures. ``(7) Deadlines and criteria for submitting supplemental reports to the Agency required under subsection (a)(3), which shall-- ``(A) be established by the Director in consultation with the Council; ``(B) consider any existing regulatory reporting requirements similar in scope, purpose, and timing to the reporting requirements to which such a covered entity may also be subject, and make efforts to harmonize the timing and contents of any such reports to the maximum extent practicable; ``(C) balance the need for situational awareness with the ability of the covered entity to conduct cyber incident response and investigations; and ``(D) provide a clear description of what constitutes substantial new or different information. ``(8) Procedures for-- ``(A) entities, including third parties pursuant to subsection (d)(1), to submit reports required by paragraphs (1), (2), and (3) of subsection (a), including the manner and form thereof, which shall include, at a minimum, a concise, user-friendly web- based form; ``(B) the Agency to carry out-- ``(i) the enforcement provisions of section 2244, including with respect to the issuance, service, withdrawal, referral process, and enforcement of subpoenas, appeals and due process procedures; ``(ii) other available enforcement mechanisms including acquisition, suspension and debarment procedures; and ``(iii) other aspects of noncompliance; ``(C) implementing the exceptions provided in subsection (a)(5); and ``(D) protecting privacy and civil liberties consistent with processes adopted pursuant to section 105(b) of the Cybersecurity Act of 2015 (6 U.S.C. 1504(b)) and anonymizing and safeguarding, or no longer retaining, information received and disclosed through covered cyber incident reports and ransom payment reports that is known to be personal information of a specific individual or information that identifies a specific individual that is not directly related to a cybersecurity threat. ``(9) Other procedural measures directly necessary to implement subsection (a). ``(d) Third Party Report Submission and Ransom Payment.-- ``(1) Report submission.--A covered entity that is required to submit a covered cyber incident report or a ransom payment report may use a third party, such as an incident response company, insurance provider, service provider, Information Sharing and Analysis Organization, or law firm, to submit the required report under subsection (a). ``(2) Ransom payment.--If a covered entity impacted by a ransomware attack uses a third party to make a ransom payment, the third party shall not be required to submit a ransom payment report for itself under subsection (a)(2). ``(3) Duty to report.--Third-party reporting under this subparagraph does not relieve a covered entity from the duty to comply with the requirements for covered cyber incident report or ransom payment report submission. ``(4) Responsibility to advise.--Any third party used by a covered entity that knowingly makes a ransom payment on behalf of a covered entity impacted by a ransomware attack shall advise the impacted covered entity of the responsibilities of the impacted covered entity regarding reporting ransom payments under this section. ``(e) Outreach to Covered Entities.-- ``(1) In general.--The Agency shall conduct an outreach and education campaign to inform likely covered entities, entities that offer or advertise as a service to customers to make or facilitate ransom payments on behalf of covered entities impacted by ransomware attacks and other appropriate entities of the requirements of paragraphs (1), (2), and (3) of subsection (a). ``(2) Elements.--The outreach and education campaign under paragraph (1) shall include the following: ``(A) An overview of the final rule issued pursuant to subsection (b). ``(B) An overview of mechanisms to submit to the Agency covered cyber incident reports, ransom payment reports, and information relating to the disclosure, retention, and use of covered cyber incident reports and ransom payment reports under this section. ``(C) An overview of the protections afforded to covered entities for complying with the requirements under paragraphs (1), (2), and (3) of subsection (a). ``(D) An overview of the steps taken under section 2244 when a covered entity is not in compliance with the reporting requirements under subsection (a). ``(E) Specific outreach to cybersecurity vendors, cyber incident response providers, cybersecurity insurance entities, and other entities that may support covered entities. ``(F) An overview of the privacy and civil liberties requirements in this subtitle. ``(3) Coordination.--In conducting the outreach and education campaign required under paragraph (1), the Agency may coordinate with-- ``(A) the Critical Infrastructure Partnership Advisory Council established under section 871; ``(B) Information Sharing and Analysis Organizations; ``(C) trade associations; ``(D) information sharing and analysis centers; ``(E) sector coordinating councils; and ``(F) any other entity as determined appropriate by the Director. ``(f) Exemption.--Sections 3506(c), 3507, 3508, and 3509 of title 44, United States Code, shall not apply to any action to carry out this section. ``(g) Rule of Construction.--Nothing in this section shall affect the authorities of the Federal Government to implement the requirements of Executive Order 14028 (86 Fed. Reg. 26633; relating to improving the nation's cybersecurity), including changes to the Federal Acquisition Regulations and remedies to include suspension and debarment. ``(h) Savings Provision.--Nothing in this section shall be construed to supersede or to abrogate, modify, or otherwise limit the authority that is vested in any officer or any agency of the United States Government to regulate or take action with respect to the cybersecurity of an entity. ``SEC. 2243. VOLUNTARY REPORTING OF OTHER CYBER INCIDENTS. ``(a) In General.--Entities may voluntarily report cyber incidents or ransom payments to the Agency that are not required under paragraph (1), (2), or (3) of section 2242(a), but may enhance the situational awareness of cyber threats. ``(b) Voluntary Provision of Additional Information in Required Reports.--Covered entities may voluntarily include in reports required under paragraph (1), (2), or (3) of section 2242(a) information that is not required to be included, but may enhance the situational awareness of cyber threats. ``(c) Application of Protections.--The protections under section 2245 applicable to reports made under section 2242 shall apply in the same manner and to the same extent to reports and information submitted under subsections (a) and (b). ``SEC. 2244. NONCOMPLIANCE WITH REQUIRED REPORTING. ``(a) Purpose.--In the event that a covered entity that is required to submit a report under section 2242(a) fails to comply with the requirement to report, the Director may obtain information about the cyber incident or ransom payment by engaging the covered entity directly to request information about the cyber incident or ransom payment, and if the Director is unable to obtain information through such engagement, by issuing a subpoena to the covered entity, pursuant to subsection (c), to gather information sufficient to determine whether a covered cyber incident or ransom payment has occurred. ``(b) Initial Request for Information.-- ``(1) In general.--If the Director has reason to believe, whether through public reporting or other information in the possession of the Federal Government, including through analysis performed pursuant to paragraph (1) or (2) of section 2241(a), that a covered entity has experienced a covered cyber incident or made a ransom payment but failed to report such cyber incident or payment to the Agency in accordance with section 2242(a), the Director may request additional information from the covered entity to confirm whether or not a covered cyber incident or ransom payment has occurred. ``(2) Treatment.--Information provided to the Agency in response to a request under paragraph (1) shall be treated as if it was submitted through the reporting procedures established in section 2242. ``(c) Enforcement.-- ``(1) In general.--If, after the date that is 72 hours from the date on which the Director made the request for information in subsection (b), the Director has received no response from the covered entity from which such information was requested, or received an inadequate response, the Director may issue to such covered entity a subpoena to compel disclosure of information the Director deems necessary to determine whether a covered cyber incident or ransom payment has occurred and obtain the information required to be reported pursuant to section 2242 and any implementing regulations, and assess potential impacts to national security, economic security, or public health and safety. ``(2) Civil action.-- ``(A) In general.--If a covered entity fails to comply with a subpoena, the Director may refer the matter to the Attorney General to bring a civil action in a district court of the United States to enforce such subpoena. ``(B) Venue.--An action under this paragraph may be brought in the judicial district in which the covered entity against which the action is brought resides, is found, or does business. ``(C) Contempt of court.--A court may punish a failure to comply with a subpoena issued under this subsection as contempt of court. ``(3) Non-delegation.--The authority of the Director to issue a subpoena under this subsection may not be delegated. ``(4) Authentication.-- ``(A) In general.--Any subpoena issued electronically pursuant to this subsection shall be authenticated with a cryptographic digital signature of an authorized representative of the Agency, or other comparable successor technology, that allows the Agency to demonstrate that such subpoena was issued by the Agency and has not been altered or modified since such issuance. ``(B) Invalid if not authenticated.--Any subpoena issued electronically pursuant to this subsection that is not authenticated in accordance with subparagraph (A) shall not be considered to be valid by the recipient of such subpoena. ``(d) Provision of Certain Information to Attorney General.-- ``(1) In general.--Notwithstanding section 2245(a)(5) and paragraph (b)(2) of this section, if the Director determines, based on the information provided in response to a subpoena issued pursuant to subsection (c), that the facts relating to the cyber incident or ransom payment at issue may constitute grounds for a regulatory enforcement action or criminal prosecution, the Director may provide such information to the Attorney General or the head of the appropriate Federal regulatory agency, who may use such information for a regulatory enforcement action or criminal prosecution. ``(2) Consultation.--The Director may consult with the Attorney General or the head of the appropriate Federal regulatory agency when making the determination under paragraph (1). ``(e) Considerations.--When determining whether to exercise the authorities provided under this section, the Director shall take into consideration-- ``(1) the complexity in determining if a covered cyber incident has occurred; and ``(2) prior interaction with the Agency or awareness of the covered entity of the policies and procedures of the Agency for reporting covered cyber incidents and ransom payments. ``(f) Exclusions.--This section shall not apply to a State, local, Tribal, or territorial government entity. ``(g) Report to Congress.--The Director shall submit to Congress an annual report on the number of times the Director-- ``(1) issued an initial request for information pursuant to subsection (b); ``(2) issued a subpoena pursuant to subsection (c); or ``(3) referred a matter to the Attorney General for a civil action pursuant to subsection (c)(2). ``(h) Publication of the Annual Report.--The Director shall publish a version of the annual report required under subsection (g) on the website of the Agency, which shall include, at a minimum, the number of times the Director-- ``(1) issued an initial request for information pursuant to subsection (b); or ``(2) issued a subpoena pursuant to subsection (c). ``(i) Anonymization of Reports.--The Director shall ensure any victim information contained in a report required to be published under subsection (h) be anonymized before the report is published. ``SEC. 2245. INFORMATION SHARED WITH OR PROVIDED TO THE FEDERAL GOVERNMENT. ``(a) Disclosure, Retention, and Use.-- ``(1) Authorized activities.--Information provided to the Agency pursuant to section 2242 or 2243 may be disclosed to, retained by, and used by, consistent with otherwise applicable provisions of Federal law, any Federal agency or department, component, officer, employee, or agent of the Federal Government solely for-- ``(A) a cybersecurity purpose; ``(B) the purpose of identifying-- ``(i) a cyber threat, including the source of the cyber threat; or ``(ii) a security vulnerability; ``(C) the purpose of responding to, or otherwise preventing or mitigating, a specific threat of death, a specific threat of serious bodily harm, or a specific threat of serious economic harm, including a terrorist act or use of a weapon of mass destruction; ``(D) the purpose of responding to, investigating, prosecuting, or otherwise preventing or mitigating, a serious threat to a minor, including sexual exploitation and threats to physical safety; or ``(E) the purpose of preventing, investigating, disrupting, or prosecuting an offense arising out of a cyber incident reported pursuant to section 2242 or 2243 or any of the offenses listed in section 105(d)(5)(A)(v) of the Cybersecurity Act of 2015 (6 U.S.C. 1504(d)(5)(A)(v)). ``(2) Agency actions after receipt.-- ``(A) Rapid, confidential sharing of cyber threat indicators.--Upon receiving a covered cyber incident or ransom payment report submitted pursuant to this section, the Agency shall immediately review the report to determine whether the cyber incident that is the subject of the report is connected to an ongoing cyber threat or security vulnerability and where applicable, use such report to identify, develop, and rapidly disseminate to appropriate stakeholders actionable, anonymized cyber threat indicators and defensive measures. ``(B) Principles for sharing security vulnerabilities.--With respect to information in a covered cyber incident or ransom payment report regarding a security vulnerability referred to in paragraph (1)(B)(ii), the Director shall develop principles that govern the timing and manner in which information relating to security vulnerabilities may be shared, consistent with common industry best practices and United States and international standards. ``(3) Privacy and civil liberties.--Information contained in covered cyber incident and ransom payment reports submitted to the Agency pursuant to section 2242 shall be retained, used, and disseminated, where permissible and appropriate, by the Federal Government in accordance with processes to be developed for the protection of personal information consistent with processes adopted pursuant to section 105 of the Cybersecurity Act of 2015 (6 U.S.C. 1504) and in a manner that protects from unauthorized use or disclosure any information that may contain-- ``(A) personal information of a specific individual that is not directly related to a cybersecurity threat; or ``(B) information that identifies a specific individual that is not directly related to a cybersecurity threat. ``(4) Digital security.--The Agency shall ensure that reports submitted to the Agency pursuant to section 2242, and any information contained in those reports, are collected, stored, and protected at a minimum in accordance with the requirements for moderate impact Federal information systems, as described in Federal Information Processing Standards Publication 199, or any successor document. ``(5) Prohibition on use of information in regulatory actions.-- ``(A) In general.--A Federal, State, local, or Tribal government shall not use information about a covered cyber incident or ransom payment obtained solely through reporting directly to the Agency in accordance with this subtitle to regulate, including through an enforcement action, the activities of the covered entity or entity that made a ransom payment, unless the government entity expressly allows entities to submit reports to the Agency to meet regulatory reporting obligations of the entity. ``(B) Clarification.--A report submitted to the Agency pursuant to section 2242 or 2243 may, consistent with Federal or State regulatory authority specifically relating to the prevention and mitigation of cybersecurity threats to information systems, inform the development or implementation of regulations relating to such systems. ``(b) Protections for Reporting Entities and Information.--Reports describing covered cyber incidents or ransom payments submitted to the Agency by entities in accordance with section 2242, as well as voluntarily-submitted cyber incident reports submitted to the Agency pursuant to section 2243, shall-- ``(1) be considered the commercial, financial, and proprietary information of the covered entity when so designated by the covered entity; ``(2) be exempt from disclosure under section 552(b)(3) of title 5, United States Code (commonly known as the `Freedom of Information Act'), as well as any provision of State, Tribal, or local freedom of information law, open government law, open meetings law, open records law, sunshine law, or similar law requiring disclosure of information or records; ``(3) be considered not to constitute a waiver of any applicable privilege or protection provided by law, including trade secret protection; and ``(4) not be subject to a rule of any Federal agency or department or any judicial doctrine regarding ex parte communications with a decision-making official. ``(c) Liability Protections.-- ``(1) In general.--No cause of action shall lie or be maintained in any court by any person or entity and any such action shall be promptly dismissed for the submission of a report pursuant to section 2242(a) that is submitted in conformance with this subtitle and the rule promulgated under section 2242(b), except that this subsection shall not apply with regard to an action by the Federal Government pursuant to section 2244(c)(2). ``(2) Scope.--The liability protections provided in this subsection shall only apply to or affect litigation that is solely based on the submission of a covered cyber incident report or ransom payment report to the Agency. ``(3) Restrictions.--Notwithstanding paragraph (2), no report submitted to the Agency pursuant to this subtitle or any communication, document, material, or other record, created for the sole purpose of preparing, drafting, or submitting such report, may be received in evidence, subject to discovery, or otherwise used in any trial, hearing, or other proceeding in or before any court, regulatory body, or other authority of the United States, a State, or a political subdivision thereof, provided that nothing in this subtitle shall create a defense to discovery or otherwise affect the discovery of any communication, document, material, or other record not created for the sole purpose of preparing, drafting, or submitting such report. ``(d) Sharing With Non-Federal Entities.--The Agency shall anonymize the victim who reported the information when making information provided in reports received under section 2242 available to critical infrastructure owners and operators and the general public. ``(e) Stored Communications Act.--Nothing in this subtitle shall be construed to permit or require disclosure by a provider of a remote computing service or a provider of an electronic communication service to the public of information not otherwise permitted or required to be disclosed under chapter 121 of title 18, United States Code (commonly known as the `Stored Communications Act'). ``SEC. 2246. CYBER INCIDENT REPORTING COUNCIL. ``(a) Responsibility of the Secretary.--The Secretary shall lead an intergovernmental Cyber Incident Reporting Council, in consultation with the Director of the Office of Management and Budget, the Attorney General, the National Director Cyber Director, Sector Risk Management Agencies, and other appropriate Federal agencies, to coordinate, deconflict, and harmonize Federal incident reporting requirements, including those issued through regulations. ``(b) Rule of Construction.--Nothing in subsection (a) shall be construed to provide any additional regulatory authority to any Federal entity.''. (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is amended by inserting after the items relating to subtitle C of title XXII the following: ``Subtitle D--Cyber Incident Reporting ``Sec. 2240. Definitions. ``Sec. 2241. Cyber Incident Review. ``Sec. 2242. Required reporting of certain cyber incidents. ``Sec. 2243. Voluntary reporting of other cyber incidents. ``Sec. 2244. Noncompliance with required reporting. ``Sec. 2245. Information shared with or provided to the Federal Government. ``Sec. 2246. Cyber Incident Reporting Council.''. SEC. 204. FEDERAL SHARING OF INCIDENT REPORTS. (a) Cyber Incident Reporting Sharing.-- (1) In general.--Notwithstanding any other provision of law or regulation, any Federal agency, including any independent establishment (as defined in section 104 of title 5, United States Code), that receives a report from an entity of a cyber incident, including a ransomware attack, shall provide the report to the Agency as soon as possible, but not later than 24 hours after receiving the report, unless a shorter period is required by an agreement made between the Department of Homeland Security (including the Cybersecurity and Infrastructure Security Agency) and the recipient Federal agency. The Director shall share and coordinate each report pursuant to section 2241(b) of the Homeland Security Act of 2002, as added by section 203 of this title. (2) Rule of construction.--The requirements described in paragraph (1) and section 2245(d) of the Homeland Security Act of 2002, as added by section 203 of this title, may not be construed to be a violation of any provision of law or policy that would otherwise prohibit disclosure or provision of information within the executive branch. (3) Protection of information.--The Director shall comply with any obligations of the recipient Federal agency described in paragraph (1) to protect information, including with respect to privacy, confidentiality, or information security, if those obligations would impose greater protection requirements than this Act or the amendments made by this Act. (4) Effective date.--This subsection shall take effect on the effective date of the final rule issued pursuant to section 2242(b) of the Homeland Security Act of 2002, as added by section 203 of this title. (5) Agency agreements.-- (A) In general.--The Agency and any Federal agency, including any independent establishment (as defined in section 104 of title 5, United States Code) that receives incident reports from entities, including due to ransomware attacks, shall, as appropriate, enter into a documented agreement to establish policies, processes, procedures, and mechanisms to ensure reports are shared with the Agency pursuant to paragraph (1). (B) Availability.--To the maximum extent practicable, each documented agreement required under subparagraph (A) shall be made publicly available. (C) Requirement.--The documented agreements required by subparagraph (A) shall require reports be shared from Federal agencies with the Agency in such time as to meet the overall timeline for covered entity reporting of covered cyber incidents and ransom payments established in section 2242 of the Homeland Security Act of 2002, as added by section 203 of this title. (b) Harmonizing Reporting Requirements.--The Secretary of Homeland Security, acting through the Director, shall, in consultation with the Cyber Incident Reporting Council described in section 2246 of the Homeland Security Act of 2002, as added by section 203 of this title, to the maximum extent practicable-- (1) periodically review existing regulatory requirements, including the information required in such reports, to report incidents and ensure that any such reporting requirements and procedures avoid conflicting, duplicative, or burdensome requirements; and (2) coordinate with appropriate Federal partners and regulatory authorities that receive reports relating to incidents to identify opportunities to streamline reporting processes, and where feasible, facilitate interagency agreements between such authorities to permit the sharing of such reports, consistent with applicable law and policy, without impacting the ability of the Agency to gain timely situational awareness of a covered cyber incident or ransom payment. SEC. 205. RANSOMWARE VULNERABILITY WARNING PILOT PROGRAM. (a) Program.--Not later than 1 year after the date of enactment of this Act, the Director shall establish a ransomware vulnerability warning pilot program to leverage existing authorities and technology to specifically develop processes and procedures for, and to dedicate resources to, identifying information systems that contain security vulnerabilities associated with common ransomware attacks, and to notify the owners of those vulnerable systems of their security vulnerability. (b) Identification of Vulnerable Systems.--The pilot program established under subsection (a) shall-- (1) identify the most common security vulnerabilities utilized in ransomware attacks and mitigation techniques; and (2) utilize existing authorities to identify information systems that contain the security vulnerabilities identified in paragraph (1). (c) Entity Notification.-- (1) Identification.--If the Director is able to identify the entity at risk that owns or operates a vulnerable information system identified in subsection (b), the Director may notify the owner of the information system. (2) No identification.--If the Director is not able to identify the entity at risk that owns or operates a vulnerable information system identified in subsection (b), the Director may utilize the subpoena authority pursuant to section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659) to identify and notify the entity at risk pursuant to the procedures under that section. (3) Required information.--A notification made under paragraph (1) shall include information on the identified security vulnerability and mitigation techniques. (d) Prioritization of Notifications.--To the extent practicable, the Director shall prioritize covered entities for identification and notification activities under the pilot program established under this section. (e) Limitation on Procedures.--No procedure, notification, or other authorities utilized in the execution of the pilot program established under subsection (a) shall require an owner or operator of a vulnerable information system to take any action as a result of a notice of a security vulnerability made pursuant to subsection (c). (f) Rule of Construction.--Nothing in this section shall be construed to provide additional authorities to the Director to identify vulnerabilities or vulnerable systems. (g) Termination.--The pilot program established under subsection (a) shall terminate on the date that is 4 years after the date of enactment of this Act. SEC. 206. RANSOMWARE THREAT MITIGATION ACTIVITIES. (a) Joint Ransomware Task Force.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Director, in consultation with the National Cyber Director, the Attorney General, and the Director of the Federal Bureau of Investigation, shall establish and chair the Joint Ransomware Task Force to coordinate an ongoing nationwide campaign against ransomware attacks, and identify and pursue opportunities for international cooperation. (2) Composition.--The Joint Ransomware Task Force shall consist of participants from Federal agencies, as determined appropriate by the National Cyber Director in consultation with the Secretary of Homeland Security. (3) Responsibilities.--The Joint Ransomware Task Force, utilizing only existing authorities of each participating Federal agency, shall coordinate across the Federal Government the following activities: (A) Prioritization of intelligence-driven operations to disrupt specific ransomware actors. (B) Consult with relevant private sector, State, local, Tribal, and territorial governments and international stakeholders to identify needs and establish mechanisms for providing input into the Joint Ransomware Task Force. (C) Identifying, in consultation with relevant entities, a list of highest threat ransomware entities updated on an ongoing basis, in order to facilitate-- (i) prioritization for Federal action by appropriate Federal agencies; and (ii) identify metrics for success of said actions. (D) Disrupting ransomware criminal actors, associated infrastructure, and their finances. (E) Facilitating coordination and collaboration between Federal entities and relevant entities, including the private sector, to improve Federal actions against ransomware threats. (F) Collection, sharing, and analysis of ransomware trends to inform Federal actions. (G) Creation of after-action reports and other lessons learned from Federal actions that identify successes and failures to improve subsequent actions. (H) Any other activities determined appropriate by the Joint Ransomware Task Force to mitigate the threat of ransomware attacks. (b) Rule of Construction.--Nothing in this section shall be construed to provide any additional authority to any Federal agency. SEC. 207. CONGRESSIONAL REPORTING. (a) Report on Stakeholder Engagement.--Not later than 30 days after the date on which the Director issues the final rule under section 2242(b) of the Homeland Security Act of 2002, as added by section 203(b) of this title, the Director shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report that describes how the Director engaged stakeholders in the development of the final rule. (b) Report on Opportunities to Strengthen Security Research.--Not later than 1 year after the date of enactment of this Act, the Director shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report describing how the National Cybersecurity and Communications Integration Center established under section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659) has carried out activities under section 2241(a)(9) of the Homeland Security Act of 2002, as added by section 203(a) of this title, by proactively identifying opportunities to use cyber incident data to inform and enable cybersecurity research within the academic and private sector. (c) Report on Ransomware Vulnerability Warning Pilot Program.--Not later than 1 year after the date of enactment of this Act, and annually thereafter for the duration of the pilot program established under section 205, the Director shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report, which may include a classified annex, on the effectiveness of the pilot program, which shall include a discussion of the following: (1) The effectiveness of the notifications under section 205(c) in mitigating security vulnerabilities and the threat of ransomware. (2) Identification of the most common vulnerabilities utilized in ransomware. (3) The number of notifications issued during the preceding year. (4) To the extent practicable, the number of vulnerable devices or systems mitigated under the pilot program by the Agency during the preceding year. (d) Report on Harmonization of Reporting Regulations.-- (1) In general.--Not later than 180 days after the date on which the Secretary of Homeland Security convenes the Cyber Incident Reporting Council described in section 2246 of the Homeland Security Act of 2002, as added by section 203 of this title, the Secretary of Homeland Security shall submit to the appropriate congressional committees a report that includes-- (A) a list of duplicative Federal cyber incident reporting requirements on covered entities; (B) a description of any challenges in harmonizing the duplicative reporting requirements; (C) any actions the Director intends to take to facilitate harmonizing the duplicative reporting requirements; and (D) any proposed legislative changes necessary to address the duplicative reporting. (2) Rule of construction.--Nothing in paragraph (1) shall be construed to provide any additional regulatory authority to any Federal agency. (e) GAO Reports.-- (1) Implementation of this act.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the implementation of this Act and the amendments made by this Act. (2) Exemptions to reporting.--Not later than 1 year after the date on which the Director issues the final rule required under section 2242(b) of the Homeland Security Act of 2002, as added by section 203 of this title, the Comptroller General of the United States shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the exemptions to reporting under paragraphs (2) and (5) of section 2242(a) of the Homeland Security Act of 2002, as added by section 203 of this title, which shall include-- (A) to the extent practicable, an evaluation of the quantity of cyber incidents not reported to the Federal Government; (B) an evaluation of the impact on impacted entities, homeland security, and the national economy due to cyber incidents, ransomware attacks, and ransom payments, including a discussion on the scope of impact of cyber incidents that were not reported to the Federal Government; (C) an evaluation of the burden, financial and otherwise, on entities required to report cyber incidents under this Act, including an analysis of entities that meet the definition of a small business concern under section 3 of the Small Business Act (15 U.S.C. 632); and (D) a description of the consequences and effects of limiting covered cyber incident and ransom payment reporting to only covered entities. (f) Report on Effectiveness of Enforcement Mechanisms.--Not later than 1 year after the date on which the Director issues the final rule required under section 2242(b) of the Homeland Security Act of 2002, as added by section 203 of this title, the Director shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the effectiveness of the enforcement mechanisms within section 2244 of the Homeland Security Act of 2002, as added by section 203 of this title. TITLE III--FEDERAL SECURE CLOUD IMPROVEMENT AND JOBS ACT OF 2022 SEC. 301. SHORT TITLE. This title may be cited as the ``Federal Secure Cloud Improvement and Jobs Act of 2022''. SEC. 302. FINDINGS. Congress finds the following: (1) Ensuring that the Federal Government can securely leverage cloud computing products and services is key to expediting the modernization of legacy information technology systems, increasing cybersecurity within and across departments and agencies, and supporting the continued leadership of the United States in technology innovation and job creation. (2) According to independent analysis, as of calendar year 2019, the size of the cloud computing market had tripled since 2004, enabling more than 2,000,000 jobs and adding more than $200,000,000,000 to the gross domestic product of the United States. (3) The Federal Government, across multiple presidential administrations and Congresses, has continued to support the ability of agencies to move to the cloud, including through-- (A) President Barack Obama's ``Cloud First Strategy''; (B) President Donald Trump's ``Cloud Smart Strategy''; (C) the prioritization of cloud security in Executive Order 14028 (86 Fed. Reg. 26633; relating to improving the nation's cybersecurity), which was issued by President Joe Biden; and (D) more than a decade of appropriations and authorization legislation that provides agencies with relevant authorities and appropriations to modernize on-premises information technology systems and more readily adopt cloud computing products and services. (4) Since it was created in 2011, the Federal Risk and Authorization Management Program (referred to in this section as ``FedRAMP'') at the General Services Administration has made steady and sustained improvements in supporting the secure authorization and reuse of cloud computing products and services within the Federal Government, including by reducing the costs and burdens on both agencies and cloud companies to quickly and securely enter the Federal market. (5) According to data from the General Services Administration, as of the end of fiscal year 2021, there were 239 cloud providers with FedRAMP authorizations, and those authorizations had been reused more than 2,700 times across various agencies. (6) Providing a legislative framework for FedRAMP and new authorities to the General Services Administration, the Office of Management and Budget, and Federal agencies will-- (A) improve the speed at which new cloud computing products and services can be securely authorized; (B) enhance the ability of agencies to effectively evaluate FedRAMP authorized providers for reuse; (C) reduce the costs and burdens to cloud providers seeking a FedRAMP authorization; and (D) provide for more robust transparency and dialogue between industry and the Federal Government to drive stronger adoption of secure cloud capabilities, create jobs, and reduce wasteful legacy information technology. SEC. 303. TITLE 44 AMENDMENTS. (a) Amendment.--Chapter 36 of title 44, United States Code, is amended by adding at the end the following: ``Sec. 3607. Definitions ``(a) In General.--Except as provided under subsection (b), the definitions under sections 3502 and 3552 apply to this section through section 3616. ``(b) Additional Definitions.--In this section through section 3616: ``(1) Administrator.--The term `Administrator' means the Administrator of General Services. ``(2) Appropriate congressional committees.--The term `appropriate congressional committees' means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives. ``(3) Authorization to operate; federal information.--The terms `authorization to operate' and `Federal information' have the meaning given those term in Circular A-130 of the Office of Management and Budget entitled `Managing Information as a Strategic Resource', or any successor document. ``(4) Cloud computing.--The term `cloud computing' has the meaning given the term in Special Publication 800-145 of the National Institute of Standards and Technology, or any successor document. ``(5) Cloud service provider.--The term `cloud service provider' means an entity offering cloud computing products or services to agencies. ``(6) FedRAMP.--The term `FedRAMP' means the Federal Risk and Authorization Management Program established under section 3608. ``(7) FedRAMP authorization.--The term `FedRAMP authorization' means a certification that a cloud computing product or service has-- ``(A) completed a FedRAMP authorization process, as determined by the Administrator; or ``(B) received a FedRAMP provisional authorization to operate, as determined by the FedRAMP Board. ``(8) Fedramp authorization package.--The term `FedRAMP authorization package' means the essential information that can be used by an agency to determine whether to authorize the operation of an information system or the use of a designated set of common controls for all cloud computing products and services authorized by FedRAMP. ``(9) FedRAMP board.--The term `FedRAMP Board' means the board established under section 3610. ``(10) Independent assessment service.--The term `independent assessment service' means a third-party organization accredited by the Administrator to undertake conformity assessments of cloud service providers and the products or services of cloud service providers. ``(11) Secretary.--The term `Secretary' means the Secretary of Homeland Security. ``Sec. 3608. Federal Risk and Authorization Management Program ``There is established within the General Services Administration the Federal Risk and Authorization Management Program. The Administrator, subject to section 3614, shall establish a Government- wide program that provides a standardized, reusable approach to security assessment and authorization for cloud computing products and services that process unclassified information used by agencies. ``Sec. 3609. Roles and responsibilities of the General Services Administration ``(a) Roles and Responsibilities.--The Administrator shall-- ``(1) in consultation with the Secretary, develop, coordinate, and implement a process to support agency review, reuse, and standardization, where appropriate, of security assessments of cloud computing products and services, including, as appropriate, oversight of continuous monitoring of cloud computing products and services, pursuant to guidance issued by the Director pursuant to section 3614; ``(2) establish processes and identify criteria consistent with guidance issued by the Director under section 3614 to make a cloud computing product or service eligible for a FedRAMP authorization and validate whether a cloud computing product or service has a FedRAMP authorization; ``(3) develop and publish templates, best practices, technical assistance, and other materials to support the authorization of cloud computing products and services and increase the speed, effectiveness, and transparency of the authorization process, consistent with standards and guidelines established by the Director of the National Institute of Standards and Technology and relevant statutes; ``(4) establish and update guidance on the boundaries of FedRAMP authorization packages to enhance the security and protection of Federal information and promote transparency for agencies and users as to which services are included in the scope of a FedRAMP authorization; ``(5) grant FedRAMP authorizations to cloud computing products and services consistent with the guidance and direction of the FedRAMP Board; ``(6) establish and maintain a public comment process for proposed guidance and other FedRAMP directives that may have a direct impact on cloud service providers and agencies before the issuance of such guidance or other FedRAMP directives; ``(7) coordinate with the FedRAMP Board, the Director of the Cybersecurity and Infrastructure Security Agency, and other entities identified by the Administrator, with the concurrence of the Director and the Secretary, to establish and regularly update a framework for continuous monitoring under section 3553; ``(8) provide a secure mechanism for storing and sharing necessary data, including FedRAMP authorization packages, to enable better reuse of such packages across agencies, including making available any information and data necessary for agencies to fulfill the requirements of section 3613; ``(9) provide regular updates to applicant cloud service providers on the status of any cloud computing product or service during an assessment process; ``(10) regularly review, in consultation with the FedRAMP Board-- ``(A) the costs associated with the independent assessment services described in section 3611; and ``(B) the information relating to foreign interests submitted pursuant to section 3612; ``(11) in coordination with the Director of the National Institute of Standards and Technology, the Director, the Secretary, and other stakeholders, as appropriate, determine the sufficiency of underlying standards and requirements to identify and assess the provenance of the software in cloud services and products; ``(12) support the Federal Secure Cloud Advisory Committee established pursuant to section 3616; and ``(13) take such other actions as the Administrator may determine necessary to carry out FedRAMP. ``(b) Website.-- ``(1) In general.--The Administrator shall maintain a public website to serve as the authoritative repository for FedRAMP, including the timely publication and updates for all relevant information, guidance, determinations, and other materials required under subsection (a). ``(2) Criteria and process for fedramp authorization priorities.--The Administrator shall develop and make publicly available on the website described in paragraph (1) the criteria and process for prioritizing and selecting cloud computing products and services that will receive a FedRAMP authorization, in consultation with the FedRAMP Board and the Chief Information Officers Council. ``(c) Evaluation of Automation Procedures.-- ``(1) In general.--The Administrator, in coordination with the Secretary, shall assess and evaluate available automation capabilities and procedures to improve the efficiency and effectiveness of the issuance of FedRAMP authorizations, including continuous monitoring of cloud computing products and services. ``(2) Means for automation.--Not later than 1 year after the date of enactment of this section, and updated regularly thereafter, the Administrator shall establish a means for the automation of security assessments and reviews. ``(d) Metrics for Authorization.--The Administrator shall establish annual metrics regarding the time and quality of the assessments necessary for completion of a FedRAMP authorization process in a manner that can be consistently tracked over time in conjunction with the periodic testing and evaluation process pursuant to section 3554 in a manner that minimizes the agency reporting burden. ``Sec. 3610. FedRAMP Board ``(a) Establishment.--There is established a FedRAMP Board to provide input and recommendations to the Administrator regarding the requirements and guidelines for, and the prioritization of, security assessments of cloud computing products and services. ``(b) Membership.--The FedRAMP Board shall consist of not more than 7 senior officials or experts from agencies appointed by the Director, in consultation with the Administrator, from each of the following: ``(1) The Department of Defense. ``(2) The Department of Homeland Security. ``(3) The General Services Administration. ``(4) Such other agencies as determined by the Director, in consultation with the Administrator. ``(c) Qualifications.--Members of the FedRAMP Board appointed under subsection (b) shall have technical expertise in domains relevant to FedRAMP, such as-- ``(1) cloud computing; ``(2) cybersecurity; ``(3) privacy; ``(4) risk management; and ``(5) other competencies identified by the Director to support the secure authorization of cloud services and products. ``(d) Duties.--The FedRAMP Board shall-- ``(1) in consultation with the Administrator, serve as a resource for best practices to accelerate the process for obtaining a FedRAMP authorization; ``(2) establish and regularly update requirements and guidelines for security authorizations of cloud computing products and services, consistent with standards and guidelines established by the Director of the National Institute of Standards and Technology, to be used in the determination of FedRAMP authorizations; ``(3) monitor and oversee, to the greatest extent practicable, the processes and procedures by which agencies determine and validate requirements for a FedRAMP authorization, including periodic review of the agency determinations described in section 3613(b); ``(4) ensure consistency and transparency between agencies and cloud service providers in a manner that minimizes confusion and engenders trust; and ``(5) perform such other roles and responsibilities as the Director may assign, with concurrence from the Administrator. ``(e) Determinations of Demand for Cloud Computing Products and Services.--The FedRAMP Board may consult with the Chief Information Officers Council to establish a process, which may be made available on the website maintained under section 3609(b), for prioritizing and accepting the cloud computing products and services to be granted a FedRAMP authorization. ``Sec. 3611. Independent assessment ``The Administrator may determine whether FedRAMP may use an independent assessment service to analyze, validate, and attest to the quality and compliance of security assessment materials provided by cloud service providers during the course of a determination of whether to use a cloud computing product or service. ``Sec. 3612. Declaration of foreign interests ``(a) In General.--An independent assessment service that performs services described in section 3611 shall annually submit to the Administrator information relating to any foreign interest, foreign influence, or foreign control of the independent assessment service. ``(b) Updates.--Not later than 48 hours after there is a change in foreign ownership or control of an independent assessment service that performs services described in section 3611, the independent assessment service shall submit to the Administrator an update to the information submitted under subsection (a). ``(c) Certification.--The Administrator may require a representative of an independent assessment service to certify the accuracy and completeness of any information submitted under this section. ``Sec. 3613. Roles and responsibilities of agencies ``(a) In General.--In implementing the requirements of FedRAMP, the head of each agency shall, consistent with guidance issued by the Director pursuant to section 3614-- ``(1) promote the use of cloud computing products and services that meet FedRAMP security requirements and other risk-based performance requirements as determined by the Director, in consultation with the Secretary; ``(2) confirm whether there is a FedRAMP authorization in the secure mechanism provided under section 3609(a)(8) before beginning the process of granting a FedRAMP authorization for a cloud computing product or service; ``(3) to the extent practicable, for any cloud computing product or service the agency seeks to authorize that has received a FedRAMP authorization, use the existing assessments of security controls and materials within any FedRAMP authorization package for that cloud computing product or service; and ``(4) provide to the Director data and information required by the Director pursuant to section 3614 to determine how agencies are meeting metrics established by the Administrator. ``(b) Attestation.--Upon completing an assessment or authorization activity with respect to a particular cloud computing product or service, if an agency determines that the information and data the agency has reviewed under paragraph (2) or (3) of subsection (a) is wholly or substantially deficient for the purposes of performing an authorization of the cloud computing product or service, the head of the agency shall document as part of the resulting FedRAMP authorization package the reasons for this determination. ``(c) Submission of Authorizations to Operate Required.--Upon issuance of an agency authorization to operate based on a FedRAMP authorization, the head of the agency shall provide a copy of its authorization to operate letter and any supplementary information required pursuant to section 3609(a) to the Administrator. ``(d) Submission of Policies Required.--Not later than 180 days after the date on which the Director issues guidance in accordance with section 3614(1), the head of each agency, acting through the chief information officer of the agency, shall submit to the Director all agency policies relating to the authorization of cloud computing products and services. ``(e) Presumption of Adequacy.-- ``(1) In general.--The assessment of security controls and materials within the authorization package for a FedRAMP authorization shall be presumed adequate for use in an agency authorization to operate cloud computing products and services. ``(2) Information security requirements.--The presumption under paragraph (1) does not modify or alter-- ``(A) the responsibility of any agency to ensure compliance with subchapter II of chapter 35 for any cloud computing product or service used by the agency; or ``(B) the authority of the head of any agency to make a determination that there is a demonstrable need for additional security requirements beyond the security requirements included in a FedRAMP authorization for a particular control implementation. ``Sec. 3614. Roles and responsibilities of the Office of Management and Budget ``The Director shall-- ``(1) in consultation with the Administrator and the Secretary, issue guidance that-- ``(A) specifies the categories or characteristics of cloud computing products and services that are within the scope of FedRAMP; ``(B) includes requirements for agencies to obtain a FedRAMP authorization when operating a cloud computing product or service described in subparagraph (A) as a Federal information system; and ``(C) encompasses, to the greatest extent practicable, all necessary and appropriate cloud computing products and services; ``(2) issue guidance describing additional responsibilities of FedRAMP and the FedRAMP Board to accelerate the adoption of secure cloud computing products and services by the Federal Government; ``(3) in consultation with the Administrator, establish a process to periodically review FedRAMP authorization packages to support the secure authorization and reuse of secure cloud products and services; ``(4) oversee the effectiveness of FedRAMP and the FedRAMP Board, including the compliance by the FedRAMP Board with the duties described in section 3610(d); and ``(5) to the greatest extent practicable, encourage and promote consistency of the assessment, authorization, adoption, and use of secure cloud computing products and services within and across agencies. ``Sec. 3615. Reports to Congress; GAO report ``(a) Reports to Congress.--Not later than 1 year after the date of enactment of this section, and annually thereafter, the Director shall submit to the appropriate congressional committees a report that includes the following: ``(1) During the preceding year, the status, efficiency, and effectiveness of the General Services Administration under section 3609 and agencies under section 3613 and in supporting the speed, effectiveness, sharing, reuse, and security of authorizations to operate for secure cloud computing products and services. ``(2) Progress towards meeting the metrics required under section 3609(d). ``(3) Data on FedRAMP authorizations. ``(4) The average length of time to issue FedRAMP authorizations. ``(5) The number of FedRAMP authorizations submitted, issued, and denied for the preceding year. ``(6) A review of progress made during the preceding year in advancing automation techniques to securely automate FedRAMP processes and to accelerate reporting under this section. ``(7) The number and characteristics of authorized cloud computing products and services in use at each agency consistent with guidance provided by the Director under section 3614. ``(8) A review of FedRAMP measures to ensure the security of data stored or processed by cloud service providers, which may include-- ``(A) geolocation restrictions for provided products or services; ``(B) disclosures of foreign elements of supply chains of acquired products or services; ``(C) continued disclosures of ownership of cloud service providers by foreign entities; and ``(D) encryption for data processed, stored, or transmitted by cloud service providers. ``(b) GAO Report.--Not later than 180 days after the date of enactment of this section, the Comptroller General of the United States shall report to the appropriate congressional committees an assessment of the following: ``(1) The costs incurred by agencies and cloud service providers relating to the issuance of FedRAMP authorizations. ``(2) The extent to which agencies have processes in place to continuously monitor the implementation of cloud computing products and services operating as Federal information systems. ``(3) How often and for which categories of products and services agencies use FedRAMP authorizations. ``(4) The unique costs and potential burdens incurred by cloud computing companies that are small business concerns (as defined in section 3(a) of the Small Business Act (15 U.S.C. 632(a)) as a part of the FedRAMP authorization process. ``Sec. 3616. Federal Secure Cloud Advisory Committee ``(a) Establishment, Purposes, and Duties.-- ``(1) Establishment.--There is established a Federal Secure Cloud Advisory Committee (referred to in this section as the `Committee') to ensure effective and ongoing coordination of agency adoption, use, authorization, monitoring, acquisition, and security of cloud computing products and services to enable agency mission and administrative priorities. ``(2) Purposes.--The purposes of the Committee are the following: ``(A) To examine the operations of FedRAMP and determine ways that authorization processes can continuously be improved, including the following: ``(i) Measures to increase agency reuse of FedRAMP authorizations. ``(ii) Proposed actions that can be adopted to reduce the burden, confusion, and cost associated with FedRAMP authorizations for cloud service providers. ``(iii) Measures to increase the number of FedRAMP authorizations for cloud computing products and services offered by small businesses concerns (as defined by section 3(a) of the Small Business Act (15 U.S.C. 632(a)). ``(iv) Proposed actions that can be adopted to reduce the burden and cost of FedRAMP authorizations for agencies. ``(B) Collect information and feedback on agency compliance with and implementation of FedRAMP requirements. ``(C) Serve as a forum that facilitates communication and collaboration among the FedRAMP stakeholder community. ``(3) Duties.--The duties of the Committee include providing advice and recommendations to the Administrator, the FedRAMP Board, and agencies on technical, financial, programmatic, and operational matters regarding secure adoption of cloud computing products and services. ``(b) Members.-- ``(1) Composition.--The Committee shall be comprised of not more than 15 members who are qualified representatives from the public and private sectors, appointed by the Administrator, in consultation with the Director, as follows: ``(A) The Administrator or the Administrator's designee, who shall be the Chair of the Committee. ``(B) At least 1 representative each from the Cybersecurity and Infrastructure Security Agency and the National Institute of Standards and Technology. ``(C) At least 2 officials who serve as the Chief Information Security Officer within an agency, who shall be required to maintain such a position throughout the duration of their service on the Committee. ``(D) At least 1 official serving as Chief Procurement Officer (or equivalent) in an agency, who shall be required to maintain such a position throughout the duration of their service on the Committee. ``(E) At least 1 individual representing an independent assessment service. ``(F) At least 5 representatives from unique businesses that primarily provide cloud computing services or products, including at least 2 representatives from a small business concern (as defined by section 3(a) of the Small Business Act (15 U.S.C. 632(a))). ``(G) At least 2 other representatives of the Federal Government as the Administrator determines necessary to provide sufficient balance, insights, or expertise to the Committee. ``(2) Deadline for appointment.--Each member of the Committee shall be appointed not later than 90 days after the date of enactment of this section. ``(3) Period of appointment; vacancies.-- ``(A) In general.--Each non-Federal member of the Committee shall be appointed for a term of 3 years, except that the initial terms for members may be staggered 1-, 2-, or 3-year terms to establish a rotation in which one-third of the members are selected each year. Any such member may be appointed for not more than 2 consecutive terms. ``(B) Vacancies.--Any vacancy in the Committee shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. ``(c) Meetings and Rules of Procedures.-- ``(1) Meetings.--The Committee shall hold not fewer than 3 meetings in a calendar year, at such time and place as determined by the Chair. ``(2) Initial meeting.--Not later than 120 days after the date of enactment of this section, the Committee shall meet and begin the operations of the Committee. ``(3) Rules of procedure.--The Committee may establish rules for the conduct of the business of the Committee if such rules are not inconsistent with this section or other applicable law. ``(d) Employee Status.-- ``(1) In general.--A member of the Committee (other than a member who is appointed to the Committee in connection with another Federal appointment) shall not be considered an employee of the Federal Government by reason of any service as such a member, except for the purposes of section 5703 of title 5, relating to travel expenses. ``(2) Pay not permitted.--A member of the Committee covered by paragraph (1) may not receive pay by reason of service on the Committee. ``(e) Applicability to the Federal Advisory Committee Act.--Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee. ``(f) Detail of Employees.--Any Federal Government employee may be detailed to the Committee without reimbursement from the Committee, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. ``(g) Postal Services.--The Committee may use the United States mails in the same manner and under the same conditions as agencies. ``(h) Reports.-- ``(1) Interim reports.--The Committee may submit to the Administrator and Congress interim reports containing such findings, conclusions, and recommendations as have been agreed to by the Committee. ``(2) Annual reports.--Not later than 540 days after the date of enactment of this section, and annually thereafter, the Committee shall submit to the Administrator and Congress a report containing such findings, conclusions, and recommendations as have been agreed to by the Committee.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 36 of title 44, United States Code, is amended by adding at the end the following new items: ``3607. Definitions. ``3608. Federal Risk and Authorization Management Program. ``3609. Roles and responsibilities of the General Services Administration. ``3610. FedRAMP Board. ``3611. Independent assessment. ``3612. Declaration of foreign interests. ``3613. Roles and responsibilities of agencies. ``3614. Roles and responsibilities of the Office of Management and Budget. ``3615. Reports to Congress; GAO report. ``3616. Federal Secure Cloud Advisory Committee.''. (c) Sunset.-- (1) In general.--Effective on the date that is 5 years after the date of enactment of this Act, chapter 36 of title 44, United States Code, is amended by striking sections 3607 through 3616. (2) Conforming amendment.--Effective on the date that is 5 years after the date of enactment of this Act, the table of sections for chapter 36 of title 44, United States Code, is amended by striking the items relating to sections 3607 through 3616. (d) Rule of Construction.--Nothing in this section or any amendment made by this section shall be construed as altering or impairing the authorities of the Director of the Office of Management and Budget or the Secretary of Homeland Security under subchapter II of chapter 35 of title 44, United States Code. Passed the Senate March 1, 2022. Attest: Secretary. 117th CONGRESS 2d Session S. 3600 _______________________________________________________________________

Strengthening American Cybersecurity Act of 2022

A bill to improve the cybersecurity of the Federal Government, and for other purposes.

Strengthening American Cybersecurity Act of 2022 Strengthening American Cybersecurity Act of 2022 Cyber Incident Reporting for Critical Infrastructure Act of 2022 Federal Information Security Modernization Act of 2022 Federal Secure Cloud Improvement and Jobs Act of 2022 Cyber Incident Reporting for Critical Infrastructure Act of 2022 Federal Information Security Modernization Act of 2022 Federal Secure Cloud Improvement and Jobs Act of 2022 Strengthening American Cybersecurity Act of 2022 Cyber Incident Reporting for Critical Infrastructure Act of 2022 Federal Information Security Modernization Act of 2022 Federal Secure Cloud Improvement and Jobs Act of 2022

Sen. Peters, Gary C.

D

MI

H.R.5260

Health

Reduced Costs and Continued Cures Act This bill establishes and alters several programs and requirements relating to the prices of prescription drugs. For example, the bill establishes and alters several requirements under Medicare and Medicaid, including The bill also makes changes relating to market exclusivities and manufacturer price concessions for prescription drugs, including

To amend titles XI, XVIII, and XIX of the Social Security Act to lower prescription drug prices in the Medicare and Medicaid programs, to improve transparency related to pharmaceutical prices and transactions, to lower patients' out-of-pocket costs, and to ensure accountability to taxpayers, and for other 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 ``Reduced Costs and Continued Cures Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--ESTABLISHMENT OF PART B PAYMENT RULES FOR NEGOTIATION-ELIGIBLE DRUGS AND BIOLOGICALS Sec. 101. Establishment of part B payment rules for negotiation- eligible drugs and biologicals. TITLE II--MEDICARE Subtitle A--Part B Sec. 201. Inclusion of value of coupons in determination of average sales price for drugs and biologicals under Medicare part B. Sec. 202. Payment for biosimilar biological products during initial period. Sec. 203. Temporary increase in Medicare part B payment for biosimilar biological products. Sec. 204. Medicare part B rebate by manufacturers. Sec. 205. Establishment of maximum add-on payment for drugs and biologicals. Sec. 206. GAO study and report on average sales price. Sec. 207. Authority to use alternative payment for drugs and biologicals to prevent potential drug shortages. Sec. 208. Change in definition of strength for the purposes of determining interchangeability of biological and biosimilar products. Subtitle B--Part D Sec. 209. Medicare part D modernization redesign. Sec. 210. Public disclosure of drug discounts and other pharmacy benefit manager (PBM) provisions. Sec. 211. Public disclosure of direct and indirect remuneration review and audit results. Sec. 212. Improvements to provision of parts A and B claims data to prescription drug plans. Sec. 213. Medicare part D rebate by manufacturers. Sec. 214. Prohibiting branding on part D benefit cards. Sec. 215. Requiring prescription drug plans and MA-PD plans to report potential fraud, waste, and abuse to the Secretary of HHS. Sec. 216. Establishment of pharmacy quality measures under Medicare part D. Sec. 217. Addition of new measures based on access to biosimilar biological products to the 5-star rating system under Medicare Advantage. Sec. 218. HHS study and report on the influence of pharmaceutical manufacturer third-party reimbursement hubs on health care providers who prescribe their drugs and biologicals. Sec. 219. Establishing a monthly cap on beneficiary incurred costs for insulin products and supplies under a prescription drug plan or MA-PD plan. Sec. 220. Monthly out-of-pocket cost sharing maximum for enrollees who incur a significant portion of costs towards annual out-of-pocket threshold. Subtitle C--Miscellaneous Sec. 221. Drug manufacturer price transparency. Sec. 222. Strengthening and expanding pharmacy benefit managers transparency requirements. Sec. 223. Prescription drug pricing dashboards. Sec. 224. Improving coordination between the Food and Drug Administration and the Centers for Medicare & Medicaid Services. Sec. 225. Patient consultation in Medicare national and local coverage determinations in order to mitigate barriers to inclusion of such perspectives. Sec. 226. GAO study on increases to Medicare and Medicaid spending due to copayment coupons and other patient assistance programs. Sec. 227. MedPAC report on shifting coverage of certain Medicare part B drugs to Medicare part D. Sec. 228. Taking steps to fulfill treaty obligations to Tribal communities. TITLE III--MEDICAID Sec. 301. Medicaid pharmacy and therapeutics committee improvements. Sec. 302. Improving reporting requirements and developing standards for the use of drug use review boards in State Medicaid programs. Sec. 303. GAO report on conflicts of interest in State Medicaid program drug use review boards and pharmacy and therapeutics (P&T) committees. Sec. 304. Ensuring the accuracy of manufacturer price and drug product information under the Medicaid drug rebate program. Sec. 305. T-MSIS drug data analytics reports. Sec. 306. Risk-sharing value-based payment agreements for covered outpatient drugs under Medicaid. Sec. 307. Modification of maximum rebate amount under Medicaid drug rebate program. TITLE IV--ADDRESSING INTERMEDIARIES AND DRUG COMPETITION Sec. 401. Health plan oversight of pharmacy benefit manager services. Sec. 402. Study of pharmaceutical supply chain intermediaries and merger activity. Sec. 403. Requirement that direct-to-consumer advertisements for prescription drugs and biological products include truthful and non-misleading pricing information. Sec. 404. Change conditions of first generic exclusivity to spur access and competition. Sec. 405. Ending the practice preventing market competition known as ``Pay-for-Delay''. Sec. 406. Empowering the FTC to prevent ``product hopping''. Sec. 407. Promoting competition by limiting patent thickets. TITLE V--BENEFICIARY COST SHARING FAIRNESS Sec. 501. Repealing of rule by the Department of Health and Human Services. Sec. 502. Defining cost under prescription drug plans under part D of Medicare. TITLE I--ESTABLISHMENT OF PART B PAYMENT RULES FOR NEGOTIATION-ELIGIBLE DRUGS AND BIOLOGICALS SEC. 101. ESTABLISHMENT OF PART B PAYMENT RULES FOR NEGOTIATION- ELIGIBLE DRUGS AND BIOLOGICALS. Section 1847A of the Social Security Act (42 U.S.C. 1395w-3a) is amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by striking ``Subject to paragraph (7)'' and inserting ``Subject to paragraphs (7) and (9)''; (B) in subparagraph (B), by striking at the end ``or''; (C) in subparagraph (C), by striking the period at the end and inserting ``; or''; and (D) by adding at the end the following new subparagraph: ``(D) in the case of a negotiation-eligible drug or biological, the maximum allowable cost determined under paragraph (9).''; and (2) by adding at the end the following new paragraph: ``(9) Rules for negotiation-eligible drugs and biologicals.-- ``(A) Notification of manufacturers of negotiation- eligible drugs and biologicals.-- ``(i) In general.--Not later than 180 days after the date of the enactment of this paragraph, the Secretary shall notify each manufacturer of each negotiation-eligible drug or biological that is subject to negotiation for payment under this part. ``(ii) Negotiation-eligible drug or biological.--In this paragraph, the term `negotiation-eligible drug or biological' means a single source drug or biological (as defined in subparagraph (C)) for which each of the following have expired: ``(I) The period of regulatory data protections or exclusivity granted for such drug or biological (including for new chemical entities, biologics, orphan drugs, pediatric formulations, and clinical trials). ``(II) Subject to the succeeding sentence, the period of any patents issued for such drug or biological up to 1 year after the approval of such drug or biological. In the case of small molecule product that is a such a drug or biological, the period of any patents listed in the publication, Approved Drug Products With Therapeutic Equivalence Evaluations (referred to as the `Orange Book'). ``(B) Negotiation.-- ``(i) In general.--The Secretary and the manufacturer of a negotiation-eligible drug or biological shall during the negotiation period negotiate a maximum allowable cost for such drug or biological. In the case that the Secretary and the manufacturer do not determine a maximum allowable cost for such drug or biological, the Secretary shall determine the maximum allowable cost for such drug or biological at an amount that is at least 65 percent and not more than 75 percent of the average sales price of such drug or biological. ``(ii) Maximum allowable cost.--In this subparagraph, the term `maximum allowable cost' means the amount agreed to by the Secretary and the manufacturer of a negotiation-eligible drug or biological for a unit of such drug or biological that is not less than 65 percent and not more than 75 percent of the lowest average sales price of such drug or biological for the preceding 1-year period. ``(C) Single source drug or biological.--For purposes of this paragraph, the term `single source drug or biological' means-- ``(i) a drug or drug product that-- ``(I) is approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act and is marketed pursuant to such approval; and ``(II) is not the listed drug for any drug that is approved under section 505(j) and is marketed pursuant to such approval; or ``(ii) a biological product that-- ``(I) is licensed under section 351(a) of the Public Health Service Act, including any product deemed to be licensed under such section pursuant to section 7002(e)(4) of the Biologics Price Competition and Innovation Act and is marketed pursuant to section 351 of the Public Health Service Act; and ``(II) is not the reference product for any biological product that is licensed and is marketed pursuant to such section of such Act.''. TITLE II--MEDICARE Subtitle A--Part B SEC. 201. INCLUSION OF VALUE OF COUPONS IN DETERMINATION OF AVERAGE SALES PRICE FOR DRUGS AND BIOLOGICALS UNDER MEDICARE PART B. Section 1847A(c) of the Social Security Act (42 U.S.C. 1395w-3a(c)) is amended-- (1) in paragraph (3)-- (A) by striking ``discounts.--In calculating'' and inserting ``discounts to purchasers and coupons provided to privately insured individuals.-- ``(A) Discounts to purchasers.--In calculating''; and (B) by adding at the end the following new subparagraph: ``(B) Coupons provided to reduce cost-sharing.--For calendar quarters beginning on or after July 1, 2024, in calculating the manufacturer's average sales price under this subsection, such price shall include the value (as defined in paragraph (6)(J)) of any coupons provided under a drug coupon program of a manufacturer (as those terms are defined in subparagraphs (K) and (L), respectively, of paragraph (6)).''; and (2) in paragraph (6), by adding at the end the following new subparagraphs: ``(J) Value.--The term `value' means, with respect to a coupon (as defined in subparagraph (K)), the difference, if any, between-- ``(i) the amount of any reduction or elimination of cost-sharing or other out-of- pocket costs described in such subparagraph to a patient as a result of the use of such coupon; and ``(ii) any charge to the patient for the use of such coupon. ``(K) Coupon.--The term `coupon' means any financial support that is provided to a patient, either directly to the patient or indirectly to the patient through a physician, prescriber, pharmacy, or other provider, under a drug coupon program of a manufacturer (as defined in subparagraph (L)) that is used to reduce or eliminate cost-sharing or other out-of-pocket costs of the patient, including costs related to a deductible, coinsurance, or copayment, with respect to a drug or biological, including a biosimilar biological product, of the manufacturer. ``(L) Drug coupon program.-- ``(i) In general.--Subject to clause (ii), the term `drug coupon program' means, with respect to a manufacturer, a program through which the manufacturer provides coupons to patients as described in subparagraph (K). ``(ii) Exclusions.--Such term does not include-- ``(I) a patient assistance program operated by a manufacturer that provides free or discounted drugs or biologicals, including biosimilar biological products, (through in-kind donations) to patients of low income; or ``(II) a contribution by a manufacturer to a nonprofit or Foundation that provides free or discounted drugs or biologicals, including biosimilar biological products, (through in-kind donations) to patients of low income.''. SEC. 202. PAYMENT FOR BIOSIMILAR BIOLOGICAL PRODUCTS DURING INITIAL PERIOD. Section 1847A(c)(4) of the Social Security Act (42 U.S.C. 1395w- 3a(c)(4)) is amended-- (1) in each of subparagraphs (A) and (B), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and moving such subclauses 2 ems to the right; (2) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii) and moving such clauses 2 ems to the right; (3) by striking ``unavailable.--In the case'' and inserting ``unavailable.-- ``(A) In general.--Subject to subparagraph (B), in the case''; and (4) by adding at the end the following new subparagraph: ``(B) Limitation on payment amount for biosimilar biological products during initial period.--In the case of a biosimilar biological product furnished on or after July 1, 2023, in lieu of applying subparagraph (A) during the initial period described in such subparagraph with respect to the biosimilar biological product, the amount payable under this section for the biosimilar biological product is the lesser of the following: ``(i) The amount determined under clause (ii) of such subparagraph for the biosimilar biological product. ``(ii) The amount determined under subsection (b)(1)(B) for the reference biological product.''. SEC. 203. TEMPORARY INCREASE IN MEDICARE PART B PAYMENT FOR BIOSIMILAR BIOLOGICAL PRODUCTS. Section 1847A(b)(8) of the Social Security Act (42 U.S.C. 1395w- 3a(b)(8)) is amended-- (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (2) by striking ``product.--The amount'' and inserting the following: ``product.-- ``(A) In general.--Subject to subparagraph (B), the amount''; and (3) by adding at the end the following new subparagraph: ``(B) Temporary payment increase for biosimilar biological products.-- ``(i) In general.--Beginning January 1, 2023, in the case of a biosimilar biological product described in paragraph (1)(C) that is furnished during the applicable 5-year period for such product, the amount specified in this paragraph for such product is an amount equal to the lesser of the following: ``(I) The amount specified in subparagraph (A) for such product if clause (ii) of such subparagraph was applied by substituting `8 percent' for `6 percent'. ``(II) The amount determined under subsection (b)(1)(B) for the reference biological product. ``(ii) Applicable 5-year period.--For purposes of clause (i), the applicable 5-year period for a biosimilar biological product is-- ``(I) in the case of such a product for which payment was made under this paragraph as of December 31, 2012, the 5-year period beginning on January 1, 2023; and ``(II) in the case of such a product that is not described in subclause (I), the 5-year period beginning on the first day of the first calendar quarter in which payment was made for such product under this paragraph.''. SEC. 204. MEDICARE PART B REBATE BY MANUFACTURERS. (a) In General.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(x) Rebate by Manufacturers for Single Source Drugs With Prices Increasing Faster Than Inflation.-- ``(1) Requirements.-- ``(A) Secretarial provision of information.--Not later than 6 months after the end of each calendar quarter beginning on or after July 1, 2024, the Secretary shall, for each part B rebatable drug, report to each manufacturer of such part B rebatable drug the following for such calendar quarter: ``(i) Information on the total number of units of the billing and payment code described in subparagraph (A)(i) of paragraph (3) with respect to such drug and calendar quarter. ``(ii) Information on the amount (if any) of the excess average sales price increase described in subparagraph (A)(ii) of such paragraph for such drug and calendar quarter. ``(iii) The rebate amount specified under such paragraph for such part B rebatable drug and calendar quarter. ``(B) Manufacturer requirement.--For each calendar quarter beginning on or after July 1, 2024, the manufacturer of a part B rebatable drug shall, for such drug, not later than 30 days after the date of receipt from the Secretary of the information described in subparagraph (A) for such calendar quarter, provide to the Secretary a rebate that is equal to the amount specified in paragraph (3) for such drug for such calendar quarter. ``(2) Part b rebatable drug defined.-- ``(A) In general.--In this subsection, the term `part B rebatable drug' means a single source drug or biological (as defined in subparagraph (D) of section 1847A(c)(6)), including a biosimilar biological product (as defined in subparagraph (H) of such section), paid for under this part, except such term shall not include such a drug or biological-- ``(i) if the average total allowed charges for a year per individual that uses such a drug or biological, as determined by the Secretary, are less than, subject to subparagraph (B), $100; or ``(ii) that is a vaccine described in subparagraph (A) or (B) of section 1861(s)(10). ``(B) Increase.--The dollar amount applied under subparagraph (A)(i)-- ``(i) for 2025, shall be the dollar amount specified under such subparagraph for 2024, increased by the percentage increase in the consumer price index for all urban consumers (United States city average) for the 12-month period ending with June of the previous year; and ``(ii) for a subsequent year, shall be the dollar amount specified in this clause (or clause (i)) for the previous year, increased by the percentage increase in the consumer price index for all urban consumers (United States city average) for the 12-month period ending with June of the previous year. Any dollar amount specified under this subparagraph that is not a multiple of $10 shall be rounded to the nearest multiple of $10. ``(3) Rebate amount.-- ``(A) In general.--For purposes of paragraph (1), the amount specified in this paragraph for a part B rebatable drug assigned to a billing and payment code for a calendar quarter is, subject to paragraph (4), the amount equal to the product of-- ``(i) subject to subparagraphs (B) and (G), the total number of units of the billing and payment code for such part B rebatable drug furnished under this part during the calendar quarter; and ``(ii) the amount (if any) by which-- ``(I) the payment amount under subparagraph (B) or (C) of section 1847A(b)(1), as applicable, for such part B rebatable drug during the calendar quarter; exceeds ``(II) the inflation-adjusted payment amount determined under subparagraph (C) for such part B rebatable drug during the calendar quarter. ``(B) Excluded units.--For purposes of subparagraph (A)(i), the total number of units of the billing and payment code for each part B rebatable drug furnished during a calendar quarter shall not include-- ``(i) units packaged into the payment for a procedure or service under section 1833(t) or under section 1833(i) (instead of separately payable under such respective section); ``(ii) units included under the single payment system for renal dialysis services under section 1881(b)(14); or ``(iii) units of a part B rebatable drug of a manufacturer furnished to an individual, if such manufacturer, with respect to the furnishing of such units of such drug, provides for discounts under section 340B of the Public Health Service Act or for rebates under section 1927. ``(C) Determination of inflation-adjusted payment amount.--The inflation-adjusted payment amount determined under this subparagraph for a part B rebatable drug for a calendar quarter is-- ``(i) the payment amount for the billing and payment code for such drug in the payment amount benchmark quarter (as defined in subparagraph (D)); increased by ``(ii) the percentage by which the rebate period CPI-U (as defined in subparagraph (F)) for the calendar quarter exceeds the benchmark period CPI-U (as defined in subparagraph (E)). ``(D) Prospective payment amount benchmark quarter.--The term `prospective payment amount benchmark quarter' means the calendar quarter beginning January 1, 2016. ``(E) Benchmark period cpi-u.--The term `benchmark period CPI-U' means the consumer price index for all urban consumers (United States city average) for July 2015. ``(F) Rebate period cpi-u.--The term `rebate period CPI-U' means, with respect to a calendar quarter described in subparagraph (C), the greater of the benchmark period CPI-U and the consumer price index for all urban consumers (United States city average) for the first month of the calendar quarter that is two calendar quarters prior to such described calendar quarter. ``(G) Counting units.-- ``(i) Cut-off period to count units.--For purposes of subparagraph (A)(i), subject to clause (ii), to count the total number of billing units for a part B rebatable drug for a quarter, the Secretary may use a cut-off period in order to exclude from such total number of billing units for such quarter claims for services furnished during such quarter that were not processed at an appropriate time prior to the end of the cut-off period. ``(ii) Counting units for claims processed after cut-off period.--If the Secretary uses a cut-off period pursuant to clause (i), in the case of units of a part B rebatable drug furnished during a quarter but pursuant to application of such cut-off period excluded for purposes of subparagraph (A)(i) from the total number of billing units for the drug for such quarter, the Secretary shall count such units of such drug so furnished in the total number of billing units for such drug for a subsequent quarter, as the Secretary determines appropriate. ``(4) Special treatment of certain drugs and exemption.-- ``(A) Subsequently approved drugs.--Subject to subparagraph (B), in the case of a part B rebatable drug first approved or licensed by the Food and Drug Administration after July 1, 2015, clause (i) of paragraph (3)(C) shall be applied as if the term `payment amount benchmark quarter' were defined under paragraph (3)(D) as the third full calendar quarter after the day on which the drug was first marketed and clause (ii) of paragraph (3)(C) shall be applied as if the term `benchmark period CPI-U' were defined under paragraph (3)(E) as if the reference to `July 2015' under such paragraph were a reference to `the first month of the first full calendar quarter after the day on which the drug was first marketed'. ``(B) Timeline for provision of rebates for subsequently approved drugs.--In the case of a part B rebatable drug first approved or licensed by the Food and Drug Administration after July 1, 2015, paragraph (1)(B) shall be applied as if the reference to `July 1, 2024' under such paragraph were a reference to the later of the 6th full calendar quarter after the day on which the drug was first marketed or July 1, 2024. ``(C) Exemption for shortages.--The Secretary may reduce or waive the rebate amount under paragraph (1)(B) with respect to a part B rebatable drug that is described as currently in shortage on the shortage list in effect under section 506E of the Federal Food, Drug, and Cosmetic Act or in the case of other exigent circumstances, as determined by the Secretary. ``(D) Selected drugs.--In the case of a part B rebatable drug that is a selected drug (as defined in section 1192(c)) for a price applicability period (as defined in section 1191(b)(2))-- ``(i) for calendar quarters during such period for which a maximum fair price (as defined in section 1191(c)(2)) for such drug has been determined and is applied under part E of title XI, the rebate amount under paragraph (1)(B) shall be waived; and ``(ii) in the case such drug is determined (pursuant to such section 1192(c)) to no longer be a selected drug, for each applicable year beginning after the price applicability period with respect to such drug, clause (i) of paragraph (3)(C) shall be applied as if the term `payment amount benchmark quarter' were defined under paragraph (3)(D) as the calendar quarter beginning January 1 of the last year beginning during such price applicability period with respect to such selected drug and clause (ii) of paragraph (3)(C) shall be applied as if the term `benchmark period CPI-U' were defined under paragraph (3)(E) as if the reference to `July 2015' under such paragraph were a reference to the July of the year preceding such last year. ``(5) Application to beneficiary coinsurance.--In the case of a part B rebatable drug, if the payment amount for a quarter exceeds the inflation adjusted payment for such quarter-- ``(A) in computing the amount of any coinsurance applicable under this title to an individual with respect to such drug, the computation of such coinsurance shall be based on the inflation-adjusted payment amount determined under paragraph (3)(C) for such part B rebatable drug; and ``(B) the amount of such coinsurance is equal to 20 percent of such inflation-adjusted payment amount so determined. ``(6) Rebate deposits.--Amounts paid as rebates under paragraph (1)(B) shall be deposited into the Federal Supplementary Medical Insurance Trust Fund established under section 1841. ``(7) Civil money penalty.--If a manufacturer of a part B rebatable drug has failed to comply with the requirements under paragraph (1)(B) for such drug for a calendar quarter, the manufacturer shall be subject to, in accordance with a process established by the Secretary pursuant to regulations, a civil money penalty in an amount equal to at least 125 percent of the amount specified in paragraph (3) for such drug for such calendar quarter. The provisions of section 1128A (other than subsections (a) (with respect to amounts of penalties or additional assessments) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(8) Study and report.-- ``(A) Study.--The Secretary shall conduct a study of the feasibility of and operational issues involved with the following: ``(i) Including multiple source drugs (as defined in section 1847A(c)(6)(C)) in the rebate system under this subsection. ``(ii) Including drugs and biologicals paid for under MA plans under part C in the rebate system under this subsection. ``(iii) Including drugs excluded under paragraph (2)(A) and units of the billing and payment code of the drugs excluded under paragraph (3)(B) in the rebate system under this subsection. ``(B) Report.--Not later than 3 years after the date of the enactment of this subsection, the Secretary shall submit to Congress a report on the study conducted under subparagraph (A). ``(9) Application to multiple source drugs.--The Secretary may, based on the report submitted under paragraph (8) and pursuant to rulemaking, apply the provisions of this subsection to multiple source drugs (as defined in section 1847A(c)(6)(C)), including, for purposes of determining the rebate amount under paragraph (3), by calculating manufacturer- specific average sales prices for the benchmark period and the rebate period.''. (b) Amounts Payable; Cost-Sharing.--Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) in subparagraph (S), by striking ``with respect to'' and inserting ``subject to subparagraph (DD), with respect to''; (ii) by striking ``and (CC)'' and inserting ``(CC)''; and (iii) by inserting before the semicolon at the end the following: ``, and (DD) with respect to a part B rebatable drug (as defined in paragraph (2) of section 1834(x)) for which the payment amount for a calendar quarter under paragraph (3)(A)(ii)(I) of such section for such quarter exceeds the inflation-adjusted payment under paragraph (3)(A)(ii)(II) of such section for such quarter, the amounts paid shall be the difference between (i) the payment amount under paragraph (3)(A)(ii)(I) of such section for such drug, and (ii) 20 percent of the inflation-adjusted payment amount under paragraph (3)(A)(ii)(II) of such section for such drug''; and (B) by adding at the end of the flush left matter following paragraph (9) the following: ``For purposes of applying paragraph (1)(DD), subsections (i)(9) and (t)(8)(F), and section 1834(x)(5), the Secretary shall make such estimates and use such data as the Secretary determines appropriate, and notwithstanding any other provision of law, may do so by program instruction or otherwise.''; (2) in subsection (i), by adding at the end the following new paragraph: ``(9) In the case of a part B rebatable drug (as defined in paragraph (2) of section 1834(x)) for which payment under this subsection is not packaged into a payment for a covered OPD service (as defined in subsection (t)(1)(B)) (or group of services) furnished on or after July 1, 2024, under the system under this subsection, in lieu of calculation of coinsurance and the amount of payment otherwise applicable under this subsection, the provisions of section 1834(x)(5), paragraph (1)(DD) of subsection (a), and the flush left matter following paragraph (9) of subsection (a), shall, as determined appropriate by the Secretary, apply under this subsection in the same manner as such provisions of section 1834(x)(5) and subsection (a) apply under such section and subsection.''; and (3) in subsection (t)(8), by adding at the end the following new subparagraph: ``(F) Part b rebatable drugs.--In the case of a part B rebatable drug (as defined in paragraph (2) of section 1834(x)) for which payment under this part is not packaged into a payment for a service furnished on or after July 1, 2024, under the system under this subsection, in lieu of calculation of coinsurance and the amount of payment otherwise applicable under this subsection, the provisions of section 1834(x)(5), paragraph (1)(DD) of subsection (a), and the flush left matter following paragraph (9) of subsection (a), shall, as determined appropriate by the Secretary, apply under this subsection in the same manner as such provisions of section 1834(x)(5) and subsection (a) apply under such section and subsection.''. (c) Conforming Amendments.-- (1) To part b asp calculation.--Section 1847A(c)(3) of the Social Security Act (42 U.S.C. 1395w-3a(c)(3)) is amended by inserting ``or section 1834(x)'' after ``section 1927''. (2) Excluding part b drug inflation rebate from best price.--Section 1927(c)(1)(C)(ii)(I) of the Social Security Act (42 U.S.C. 1396r-8(c)(1)(C)(ii)(I)) is amended by inserting ``or section 1834(x)'' after ``this section''. (3) Coordination with medicaid rebate information disclosure.--Section 1927(b)(3)(D)(i) of the Social Security Act (42 U.S.C. 1396r-8(b)(3)(D)(i)) is amended by striking ``or to carry out section 1847B'' and inserting ``to carry out section 1847B or section 1834(x)''. SEC. 205. ESTABLISHMENT OF MAXIMUM ADD-ON PAYMENT FOR DRUGS AND BIOLOGICALS. (a) In General.--Section 1847A of the Social Security Act (42 U.S.C. 1395w-3a) is amended-- (1) in subsection (b)-- (A) in paragraph (1), in the matter preceding subparagraph (A), by striking ``paragraph (7)'' and inserting ``paragraphs (7) and (9)''; and (B) by adding at the end the following new paragraph: ``(9) Maximum add-on payment amount.-- ``(A) In general.--In determining the payment amount under the provisions of subparagraph (A), (B), or (C) of paragraph (1) of this subsection, subsection (c)(4)(A)(ii), or subsection (d)(3)(C) for a drug or biological furnished on or after January 1, 2024, if the applicable add-on payment (as defined in subparagraph (B)) for each drug or biological on a claim for a date of service exceeds the maximum add-on payment amount specified under subparagraph (C) for the drug or biological, then the payment amount otherwise determined for the drug or biological under those provisions, as applicable, shall be reduced by the amount of such excess. ``(B) Applicable add-on payment defined.--In this paragraph, the term `applicable add-on payment' means the following amounts, determined without regard to the application of subparagraph (A): ``(i) In the case of a multiple source drug, an amount equal to the difference between-- ``(I) the amount that would otherwise be applied under paragraph (1)(A); and ``(II) the amount that would be applied under such paragraph if `100 percent' were substituted for `106 percent'. ``(ii) In the case of a single source drug or biological, an amount equal to the difference between-- ``(I) the amount that would otherwise be applied under paragraph (1)(B); and ``(II) the amount that would be applied under such paragraph if `100 percent' were substituted for `106 percent'. ``(iii) In the case of a biosimilar biological product, the amount otherwise determined under paragraph (8)(B). ``(iv) In the case of a drug or biological during the initial period described in subsection (c)(4)(A), an amount equal to the difference between-- ``(I) the amount that would otherwise be applied under subsection (c)(4)(A)(ii); and ``(II) the amount that would be applied under such subsection if `100 percent' were substituted, as applicable, for-- ``(aa) `103 percent' in subclause (I) of such subsection; or ``(bb) any percent in excess of 100 percent applied under subclause (II) of such subsection. ``(v) In the case of a drug or biological to which subsection (d)(3)(C) applies, an amount equal to the difference between-- ``(I) the amount that would otherwise be applied under such subsection; and ``(II) the amount that would be applied under such subsection if `100 percent' were substituted, as applicable, for-- ``(aa) any percent in excess of 100 percent applied under clause (i) of such subsection; or ``(bb) `103 percent' in clause (ii) of such subsection. ``(C) Maximum add-on payment amount specified.--For purposes of subparagraph (A), the maximum add-on payment amount specified in this subparagraph is-- ``(i) for each of 2024 through 2031, $1,000; and ``(ii) for a subsequent year, the amount specified in this subparagraph for the preceding year increased by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) for the 12-month period ending with June of the previous year. Any amount determined under this subparagraph that is not a multiple of $10 shall be rounded to the nearest multiple of $10.''; and (2) in subsection (c)(4)(A)(ii), by striking ``in the case'' and inserting ``subject to subsection (b)(9), in the case''. (b) Conforming Amendments Relating to Separately Payable Drugs.-- (1) OPPS.--Section 1833(t)(14) of the Social Security Act (42 U.S.C. 1395l(t)(14)) is amended-- (A) in subparagraph (A)(iii)(II), by inserting ``, subject to subparagraph (I)'' after ``are not available''; and (B) by adding at the end the following new subparagraph: ``(I) Application of maximum add-on payment for separately payable drugs and biologicals.--In establishing the amount of payment under subparagraph (A) for a specified covered outpatient drug that is furnished as part of a covered OPD service (or group of services) on or after January 1, 2024, if such payment is determined based on the average price for the year established under section 1847A pursuant to clause (iii)(II) of such subparagraph, the provisions of subsection (b)(9) of section 1847A shall apply to the amount of payment so established in the same manner as such provisions apply to the amount of payment under section 1847A.''. (2) ASC.--Section 1833(i)(2)(D) of the Social Security Act (42 U.S.C. 1395l(i)(2)(D)) is amended-- (A) by moving clause (v) 6 ems to the left; (B) by redesignating clause (vi) as clause (vii); and (C) by inserting after clause (v) the following new clause: ``(vi) If there is a separate payment under the system described in clause (i) for a drug or biological furnished on or after January 1, 2024, the provisions of subsection (t)(14)(I) shall apply to the establishment of the amount of payment for the drug or biological under such system in the same manner in which such provisions apply to the establishment of the amount of payment under subsection (t)(14)(A).''. SEC. 206. GAO STUDY AND REPORT ON AVERAGE SALES PRICE. (a) Study.-- (1) In general.--The Comptroller General of the United States (in this section referred to as the ``Comptroller General'') shall conduct a study on spending for applicable drugs under part B of title XVIII of the Social Security Act. (2) Applicable drugs defined.--In this section, the term ``applicable drugs'' means drugs and biologicals-- (A) for which reimbursement under such part B is based on the average sales price of the drug or biological; and (B) that account for the largest percentage of total spending on drugs and biologicals under such part B (as determined by the Comptroller General, but in no case less that 25 drugs or biologicals). (3) Requirements.--The study under paragraph (1) shall include an analysis of the following: (A) The extent to which each applicable drug is paid for-- (i) under such part B for Medicare beneficiaries; or (ii) by private payers in the commercial market. (B) Any change in Medicare spending or Medicare beneficiary cost-sharing that would occur if the average sales price of an applicable drug was based solely on payments by private payers in the commercial market. (C) The extent to which drug manufacturers provide rebates, discounts, or other price concessions to private payers in the commercial market for applicable drugs, which the manufacturer includes in its average sales price calculation, for-- (i) formulary placement; (ii) utilization management considerations; or (iii) other purposes. (D) Barriers to drug manufacturers providing such price concessions for applicable drugs. (E) Other areas determined appropriate by the Comptroller General. (b) Report.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Secretary determines appropriate. SEC. 207. AUTHORITY TO USE ALTERNATIVE PAYMENT FOR DRUGS AND BIOLOGICALS TO PREVENT POTENTIAL DRUG SHORTAGES. (a) In General.--Section 1847A(e) of the Social Security Act (42 U.S.C. 1395w-3a(e)) is amended-- (1) by striking ``Payment in Response to Public Health Emergency.--In the case'' and inserting ``Payments.-- ``(1) In response to public health emergency.--In the case''; and (2) by adding at the end the following new paragraph: ``(2) Preventing potential drug shortages.-- ``(A) In general.--In the case of a drug or biological that the Secretary determines is described in subparagraph (B) for one or more quarters beginning on or after January 1, 2024, the Secretary may use wholesale acquisition cost (or other reasonable measure of a drug or biological price) instead of the manufacturer's average sales price for such quarters and for subsequent quarters until the end of the quarter in which such drug or biological is removed from the drug shortage list under section 506E of the Federal Food, Drug, and Cosmetic Act, or in the case of a drug or biological described in subparagraph (B)(ii), the date on which the Secretary determines that the total manufacturing capacity or the total number of manufacturers of such drug or biological is sufficient to mitigate a potential shortage of the drug or biological. ``(B) Drug or biological described.--For purposes of subparagraph (A), a drug or biological described in this subparagraph is a drug or biological-- ``(i) that is listed on the drug shortage list maintained by the Food and Drug Administration pursuant to section 506E of the Federal Food, Drug, and Cosmetic Act, and with respect to which any manufacturer of such drug or biological notifies the Secretary of a permanent discontinuance or an interruption that is likely to lead to a meaningful disruption in the manufacturer's supply of that drug pursuant to section 506C(a) of such Act; or ``(ii) that-- ``(I) is described in section 506C(a) of such Act; ``(II) was listed on the drug shortage list maintained by the Food and Drug Administration pursuant to section 506E of such Act within the preceding 5 years; and ``(III) for which the total manufacturing capacity of all manufacturers with an approved application for such drug or biological that is currently marketed or total number of manufacturers with an approved application for such drug or biological that is currently marketed declines during a 6-month period, as determined by the Secretary. ``(C) Provision of additional information.--For each quarter in which the amount of payment for a drug or biological described in subparagraph (B) pursuant to subparagraph (A) exceeds the amount of payment for the drug or biological otherwise applicable under this section, each manufacturer of such drug or biological shall provide to the Secretary information related to the potential cause or causes of the shortage and the expected duration of the shortage with respect to such drug.''. (b) Tracking Shortage Drugs Through Claims.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall establish a mechanism (such as a modifier) for purposes of tracking utilization under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) of drugs and biologicals listed on the drug shortage list maintained by the Food and Drug Administration pursuant to section 506E of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356e). (c) HHS Report and Recommendations.-- (1) In general.--Not later than July 1, 2024, the Secretary shall submit to Congress a report on shortages of drugs within the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). The report shall include-- (A) an analysis of-- (i) the effect of drug shortages on Medicare beneficiary access, quality, safety, and out-of-pocket costs; (ii) the effect of drug shortages on health providers, including hospitals and physicians, across the Medicare program; (iii) the current role of the Centers for Medicare & Medicaid Services (CMS) in addressing drug shortages, including CMS's working relationship and communication with other Federal agencies and stakeholders; (iv) the role of all actors in the drug supply chain (including drug manufacturers, distributors, wholesalers, secondary wholesalers, group purchasing organizations, hospitals, and physicians) on drug shortages within the Medicare program; and (v) payment structures and incentives under parts A, B, C, and D of the Medicare program and their effect, if any, on drug shortages; and (B) relevant findings and recommendations to Congress. (2) Public availability.--The report under this subsection shall be made available to the public. (3) Consultation.--The Secretary shall consult with the drug shortage task force authorized under section 506D(a)(1)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356d(a)(1)(A)) in preparing the report under this subsection, as appropriate. SEC. 208. CHANGE IN DEFINITION OF STRENGTH FOR THE PURPOSES OF DETERMINING INTERCHANGEABILITY OF BIOLOGICAL AND BIOSIMILAR PRODUCTS. (a) Section 351(i) of the Public Health Service Act is amended by inserting the following after paragraph (4): ``(5) The term `strength', in reference to a biological product intended for administration by injection, means the total content of drug substance in the dosage form without regard to the concentration of drug substance or total volume of the biological product.''. (b) Section 351(k)(7)(C)(ii)(I) of the Public Health Service Act is amended by inserting ``concentration,'' after ``delivery device,''. Subtitle B--Part D SEC. 209. MEDICARE PART D MODERNIZATION REDESIGN. (a) Benefit Structure Redesign.--Section 1860D-2(b) of the Social Security Act (42 U.S.C. 1395w- 102(b)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), in the matter preceding clause (i), by inserting ``for a year preceding 2024 and for costs above the annual deductible specified in paragraph (1) and up to the annual out-of-pocket threshold specified in paragraph (4)(B) for 2024 and each subsequent year'' after ``paragraph (3)''; (B) in subparagraph (C)-- (i) in clause (i), in the matter preceding subclause (I), by inserting ``for a year preceding 2024,'' after ``paragraph (4),''; and (ii) in clause (ii)(III), by striking ``and each subsequent year'' and inserting ``, 2021, 2022, and 2023''; and (C) in subparagraph (D)-- (i) in clause (i)-- (I) in the matter preceding subclause (I), by inserting ``for a year preceding 2024,'' after ``paragraph (4),''; and (II) in subclause (I)(bb), by striking ``a year after 2018'' and inserting ``each of years 2018 through 2023''; and (ii) in clause (ii)(V), by striking ``2019 and each subsequent year'' and inserting ``each of years through 2023''; (2) in paragraph (3)(A)-- (A) in the matter preceding clause (i), by inserting ``for a year preceding 2024,'' after ``and (4),''; and (B) in clause (ii), by striking ``for a subsequent year'' and inserting ``for each of years 2007 through 2023''; and (3) in paragraph (4)-- (A) in subparagraph (A)-- (i) in clause (i)-- (I) by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively, and indenting appropriately; (II) in the matter preceding item (aa), as redesignated by subclause (I), by striking ``is equal to the greater of--'' and inserting ``is equal to-- ``(I) for a year preceding 2024, the greater of--''; (III) by striking the period at the end of item (bb), as redesignated by subclause (I), and inserting ``; and''; and (IV) by adding at the end the following: ``(II) for and each succeeding year, $0.''; and (ii) in clause (ii)-- (I) by striking ``clause (i)(I)'' and inserting ``clause (i)(I)(aa)''; and (II) by adding at the end the following new sentence: ``The Secretary shall continue to calculate the dollar amounts specified in clause (i)(I)(aa), including with the adjustment under this clause, after 2023 for purposes of section 1860D-14(a)(1)(D)(iii).''; (B) in subparagraph (B)-- (i) in clause (i)-- (I) in subclause (V), by striking ``or'' at the end; (II) in subclause (VI)-- (aa) by striking ``for a subsequent year'' and inserting ``for 2021, 2022, and 2023''; and (bb) by striking the period at the end and inserting a semicolon; and (III) by adding at the end the following new subclauses: ``(VII) for 2024, is equal to-- ``(aa) $3,100 for beneficiaries determined to have income that is over 400 percent of the Federal poverty line applicable to a family of the size involved; ``(bb) $1,800 for beneficiaries determined to have income that is between 300 to 400 percent of the Federal poverty line applicable to a family of the size involved; or ``(cc) $1,200 for beneficiaries determined to have income that is below 300 percent of the Federal poverty line applicable to a family of the size involved; or ``(VIII) for a subsequent year, is equal to the amount specified in this subparagraph for the previous year, increased by the annual percentage increase described in paragraph (6) for the year involved.''; and (ii) in clause (ii), by striking ``clause (i)(II)'' and inserting ``clause (i)''; (C) in subparagraph (C)(i), by striking ``and for amounts'' and inserting ``and for a year preceding 2024 for amounts''; and (D) in subparagraph (E), by striking ``In applying'' and inserting ``For each of 2011 through 2023, in applying''. (b) Decreasing Reinsurance Payment Amount.--Section 1860D-15(b) of the Social Security Act (42 U.S.C. 1395w-115(b)) is amended-- (1) in paragraph (1)-- (A) by striking ``equal to 80 percent'' and inserting ``equal to-- ``(A) for a year preceding 2024, 80 percent''; (B) in subparagraph (A), as added by paragraph (1), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(B) for 2024 and each subsequent year, the sum of-- ``(i) an amount equal to the applicable percentage specified in paragraph (5)(A) of such allowable reinsurance costs attributable to that portion of gross prescription drug costs as specified in paragraph (3) incurred in the coverage year after such individual has incurred costs that exceed the annual out-of- pocket threshold specified in section 1860D- 2(b)(4)(B) with respect to applicable drugs (as defined in section 1860D-14B(g)(2)); and ``(ii) an amount equal to the applicable percentage specified in paragraph (5)(B) of allowable reinsurance costs attributable to that portion of gross prescription drug costs as specified in paragraph (3) incurred in the coverage year after such individual has incurred costs that exceed the annual out-of- pocket threshold specified in section 1860D- 2(b)(4)(B) with respect to covered part D drugs that are not applicable drugs (as so defined).''; and (2) by adding at the end the following new paragraph: ``(5) Applicable percentage specified.--For purposes of paragraph (1)(B), the applicable percentage specified in this paragraph is-- ``(A) with respect to applicable drugs (as defined in section 1860D-14B(g)(2))-- ``(i) for 2024, 60 percent; ``(ii) for 2025, 40 percent; and ``(iii) for 2026 and each subsequent year, 20 percent; and ``(B) with respect to covered part D drugs that are not applicable drugs (as so defined)-- ``(i) for 2024, 80 percent; ``(ii) for 2025, 60 percent; and ``(iii) for 2026 and each subsequent year, 40 percent.''. (c) Manufacturer Discount Program During Initial and Catastrophic Phases of Coverage.-- (1) In general.--Part D of title XVIII of the Social Security Act is amended by inserting after section 1860D-14A (42 U.S.C. 1495w-114) the following new section: ``SEC. 1860D-14B. MANUFACTURER DISCOUNT PROGRAM. ``(a) Establishment.--The Secretary shall establish a manufacturer discount program (in this section referred to as the `program'). Under the program, the Secretary shall enter into agreements described in subsection (b) with manufacturers and provide for the performance of the duties described in subsection (c). The Secretary shall establish a model agreement for use under the program by not later than January 1, 2023, in consultation with manufacturers, and allow for comment on such model agreement. ``(b) Terms of Agreement.-- ``(1) In general.-- ``(A) Agreement.--An agreement under this section shall require the manufacturer to provide applicable beneficiaries access to discounted prices for applicable drugs of the manufacturer that are dispensed on or after January 1, 2024. ``(B) Provision of discounted prices at the point- of-sale.--The discounted prices described in subparagraph (A) shall be provided to the applicable beneficiary at the pharmacy or by the mail order service at the point-of-sale of an applicable drug. ``(2) Provision of appropriate data.--Each manufacturer with an agreement in effect under this section shall collect and have available appropriate data, as determined by the Secretary, to ensure that it can demonstrate to the Secretary compliance with the requirements under the program. ``(3) Compliance with requirements for administration of program.--Each manufacturer with an agreement in effect under this section shall comply with requirements imposed by the Secretary or a third party with a contract under subsection (d)(3), as applicable, for purposes of administering the program, including any determination under subparagraph (A) of subsection (c)(1) or procedures established under such subsection (c)(1). ``(4) Length of agreement.-- ``(A) In general.--An agreement under this section shall be effective for an initial period of not less than 12 months and shall be automatically renewed for a period of not less than 1 year unless terminated under subparagraph (B). ``(B) Termination.-- ``(i) By the secretary.--The Secretary may provide for termination of an agreement under this section for a knowing and willful violation of the requirements of the agreement or other good cause shown. Such termination shall not be effective earlier than 30 days after the date of notice to the manufacturer of such termination. The Secretary shall provide, upon request, a manufacturer with a hearing concerning such a termination, and such hearing shall take place prior to the effective date of the termination with sufficient time for such effective date to be repealed if the Secretary determines appropriate. ``(ii) By a manufacturer.--A manufacturer may terminate an agreement under this section for any reason. Any such termination shall be effective, with respect to a plan year-- ``(I) if the termination occurs before January 30 of a plan year, as of the day after the end of the plan year; and ``(II) if the termination occurs on or after January 30 of a plan year, as of the day after the end of the succeeding plan year. ``(iii) Effectiveness of termination.--Any termination under this subparagraph shall not affect discounts for applicable drugs of the manufacturer that are due under the agreement before the effective date of its termination. ``(iv) Notice to third party.--The Secretary shall provide notice of such termination to a third party with a contract under subsection (d)(3) within not less than 30 days before the effective date of such termination. ``(5) Effective date of agreement.--An agreement under this section shall take effect on a date determined appropriate by the Secretary, which may be at the start of a calendar quarter. ``(c) Duties Described.--The duties described in this subsection are the following: ``(1) Administration of program.--Administering the program, including-- ``(A) the determination of the amount of the discounted price of an applicable drug of a manufacturer; ``(B) the establishment of procedures under which discounted prices are provided to applicable beneficiaries at pharmacies or by mail order service at the point-of-sale of an applicable drug; ``(C) the establishment of procedures to ensure that, not later than the applicable number of calendar days after the dispensing of an applicable drug by a pharmacy or mail order service, the pharmacy or mail order service is reimbursed for an amount equal to the difference between-- ``(i) the negotiated price of the applicable drug; and ``(ii) the discounted price of the applicable drug; ``(D) the establishment of procedures to ensure that the discounted price for an applicable drug under this section is applied before any coverage or financial assistance under other health benefit plans or programs that provide coverage or financial assistance for the purchase or provision of prescription drug coverage on behalf of applicable beneficiaries as the Secretary may specify; and ``(E) providing a reasonable dispute resolution mechanism to resolve disagreements between manufacturers, applicable beneficiaries, and the third party with a contract under subsection (d)(3). ``(2) Monitoring compliance.-- ``(A) In general.--The Secretary shall monitor compliance by a manufacturer with the terms of an agreement under this section. ``(B) Notification.--If a third party with a contract under subsection (d)(3) determines that the manufacturer is not in compliance with such agreement, the third party shall notify the Secretary of such noncompliance for appropriate enforcement under subsection (e). ``(3) Collection of data from prescription drug plans and ma-pd plans.--The Secretary may collect appropriate data from prescription drug plans and MA-PD plans in a timeframe that allows for discounted prices to be provided for applicable drugs under this section. ``(d) Administration.-- ``(1) In general.--Subject to paragraph (2), the Secretary shall provide for the implementation of this section, including the performance of the duties described in subsection (c). ``(2) Limitation.--In providing for the implementation of this section, the Secretary shall not receive or distribute any funds of a manufacturer under the program. ``(3) Contract with third parties.--The Secretary shall enter into a contract with 1 or more third parties to administer the requirements established by the Secretary in order to carry out this section. At a minimum, the contract with a third party under the preceding sentence shall require that the third party-- ``(A) receive and transmit information between the Secretary, manufacturers, and other individuals or entities the Secretary determines appropriate; ``(B) receive, distribute, or facilitate the distribution of funds of manufacturers to appropriate individuals or entities in order to meet the obligations of manufacturers under agreements under this section; ``(C) provide adequate and timely information to manufacturers, consistent with the agreement with the manufacturer under this section, as necessary for the manufacturer to fulfill its obligations under this section; and ``(D) permit manufacturers to conduct periodic audits, directly or through contracts, of the data and information used by the third party to determine discounts for applicable drugs of the manufacturer under the program. ``(4) Performance requirements.--The Secretary shall establish performance requirements for a third party with a contract under paragraph (3) and safeguards to protect the independence and integrity of the activities carried out by the third party under the program under this section. ``(5) Administration.--Chapter 35 of title 44, United States Code, shall not apply to the program under this section. ``(6) Funding.--For purposes of carrying out this section, the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841 to the Centers for Medicare & Medicaid Services Program Management Account, of $4,000,000 for each of fiscal years 2021 through 2024, to remain available until expended. ``(e) Enforcement.-- ``(1) Audits.--Each manufacturer with an agreement in effect under this section shall be subject to periodic audit by the Secretary. ``(2) Civil money penalty.-- ``(A) In general.--The Secretary shall impose a civil money penalty on a manufacturer that fails to provide applicable beneficiaries discounts for applicable drugs of the manufacturer in accordance with such agreement for each such failure in an amount the Secretary determines is commensurate with the sum of-- ``(i) the amount that the manufacturer would have paid with respect to such discounts under the agreement, which will then be used to pay the discounts which the manufacturer had failed to provide; and ``(ii) 25 percent of such amount. ``(B) Application.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(f) Clarification Regarding Availability of Other Covered Part D Drugs.--Nothing in this section shall prevent an applicable beneficiary from purchasing a covered part D drug that is not an applicable drug (including a generic drug or a drug that is not on the formulary of the prescription drug plan or MA-PD plan that the applicable beneficiary is enrolled in). ``(g) Definitions.--In this section: ``(1) Applicable beneficiary.--The term `applicable beneficiary' means an individual who, on the date of dispensing a covered part D drug-- ``(A) is enrolled in a prescription drug plan or an MA-PD plan; ``(B) is not enrolled in a qualified retiree prescription drug plan; and ``(C) has incurred costs for covered part D drugs in the year that are above the annual deductible specified in section 1860D-2(b)(1) for such year. ``(2) Applicable drug.--The term `applicable drug' means, with respect to an applicable beneficiary, a covered part D drug-- ``(A) approved under a new drug application under section 505(c) of the Federal Food, Drug, and Cosmetic Act or, in the case of a biologic product, licensed under section 351 of the Public Health Service Act (including a product licensed under subsection (k) of such section 351); and ``(B)(i) if the PDP sponsor of the prescription drug plan or the MA organization offering the MA-PD plan uses a formulary, which is on the formulary of the prescription drug plan or MA-PD plan that the applicable beneficiary is enrolled in; ``(ii) if the PDP sponsor of the prescription drug plan or the MA organization offering the MA-PD plan does not use a formulary, for which benefits are available under the prescription drug plan or MA-PD plan that the applicable beneficiary is enrolled in; or ``(iii) is provided through an exception or appeal. ``(3) Applicable number of calendar days.--The term `applicable number of calendar days' means-- ``(A) with respect to claims for reimbursement submitted electronically, 14 days; and ``(B) with respect to claims for reimbursement submitted otherwise, 30 days. ``(4) Discounted price.-- ``(A) In general.--Except as provided in subparagraph (B), the term `discounted price' means 90 percent of the negotiated price of the applicable drug of a manufacturer. ``(B) Phase-in for certain drugs dispensed for subsidy eligible individuals.-- ``(i) In general.--In the case of an applicable drug of a specified manufacturer (as defined in clause (ii)) that is dispensed for an applicable beneficiary who is a subsidy eligible individual (as defined in section 1860D-14(a)(3), the term `discounted price' means the specified LIS percent (as defined in clause (iii)) of the negotiated price of the applicable drug of the manufacturer. ``(ii) Specified manufacturer.--In this subparagraph, the term `specified manufacturer' means a manufacturer of an applicable drug for which, in the calendar year 2 years prior to the current plan year (referred to in this clause as the `applicable period'), the total reimbursement under this title during the applicable period represented less than 1 percent of the total reimbursement under this title for all prescription drugs during such period. ``(iii) Specified lis percent.--In this subparagraph, the term `specified LIS percent' means-- ``(I) for 2024, 98 percent; ``(II) for 2025, 97 percent; ``(III) for 2026, 96 percent; ``(IV) for 2027, 95 percent; ``(V) for 2028, 94 percent; ``(VI) for 2029, 93 percent; ``(VII) for 2030, 92 percent; ``(VIII) for 2031, 91 percent; and ``(IX) for 2032 and each subsequent year, 90 percent. ``(C) Clarification.--Nothing in this section shall be construed as affecting the responsibility of an applicable beneficiary for payment of a dispensing fee for an applicable drug. ``(5) Manufacturer.--The term `manufacturer' means any entity which is engaged in the production, preparation, propagation, compounding, conversion, or processing of prescription drug products, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. Such term does not include a wholesale distributor of drugs or a retail pharmacy licensed under State law. ``(6) Negotiated price.--The term `negotiated price' has the meaning given such term in section 1860D-2(d)(1)(B), except that such negotiated price shall not include any dispensing fee for the applicable drug. ``(7) Qualified retiree prescription drug plan.--The term `qualified retiree prescription drug plan' has the meaning given such term in section 1860D-22(a)(2).''. (2) Sunset of medicare coverage gap discount program.-- Section 1860D-14A of the Social Security Act (42 U.S.C. 1395- 114a) is amended-- (A) in subsection (a), in the first sentence, by striking ``The Secretary'' and inserting ``Subject to subsection (h), the Secretary''; and (B) by adding at the end the following new subsection: ``(h) Sunset of Program.-- ``(1) In general.--The program shall not apply to applicable drugs dispensed on or after January 1, 2024, and, subject to paragraph (2), agreements under this section shall be terminated as of such date. ``(2) Continued application for applicable drugs dispensed prior to sunset.--The provisions of this section (including all responsibilities and duties) shall continue to apply after January 1, 2024, with respect to applicable drugs dispensed prior to such date.''. (3) Inclusion of actuarial value of manufacturer discounts in bids.--Section 1860D-11 of the Social Security Act (42 U.S.C. 1395w-111) is amended-- (A) in subsection (b)(2)(C)(iii)-- (i) by striking ``assumptions regarding the reinsurance'' and inserting ``an actuarial valuation of-- ``(I) the reinsurance''; and (ii) by adding at the end the following: ``(II) for 2024 and each subsequent year, the manufacturer discounts provided under section 1860D-14B subtracted from the actuarial value to produce such bid; and''; and (B) in subsection (c)(1)(C)-- (i) by striking ``an actuarial valuation of the reinsurance'' and inserting ``an actuarial valuation of-- ``(i) the reinsurance''; (ii) in clause (i), as added by clause (i) of this subparagraph, by adding ``and'' at the end; and (iii) by adding at the end the following: ``(ii) for 2024 and each subsequent year, the manufacturer discounts provided under section 1860D-14B;''. (4) Clarification regarding exclusion of manufacturer discounts from troop.--Section 1860D-2(b)(4) of the Social Security Act (42 U.S.C. 1395w-102(b)(4)) is amended-- (A) in subparagraph (C), by inserting ``and subject to subparagraph (F)'' after ``subparagraph (E)''; and (B) by adding at the end the following new subparagraph: ``(F) Clarification regarding exclusion of manufacturer discounts.--In applying subparagraph (A), incurred costs shall not include any manufacturer discounts provided under section 1860D-14B.''. (d) Determination of Allowable Reinsurance Costs.--Section 1860D- 15(b) of the Social Security Act (42 U.S.C. 1395w-115(b)) is amended-- (1) in paragraph (2)-- (A) by striking ``costs.--For purposes'' and inserting: ``costs.-- ``(A) In general.--Subject to subparagraph (B), for purposes''; and (B) by adding at the end the following new subparagraph: ``(B) Inclusion of manufacturer discounts on applicable drugs.--For purposes of applying subparagraph (A), the term `allowable reinsurance costs' shall include the portion of the negotiated price (as defined in section 1860D-14B(g)(6)) of an applicable drug (as defined in section 1860D-14B(g)(2)) that was paid by a manufacturer under the manufacturer discount program under section 1860D-14B.''; and (2) in paragraph (3)-- (A) in the first sentence, by striking ``For purposes'' and inserting ``Subject to paragraph (2)(B), for purposes''; and (B) in the second sentence, by inserting ``or, in the case of an applicable drug, by a manufacturer'' after ``by the individual or under the plan''. (e) Updating Risk Adjustment Methodologies To Account for Part D Modernization Redesign.--Section 1860D-15(c) of the Social Security Act (42 U.S.C. 1395w-115(c)) is amended by adding at the end the following new paragraph: ``(3) Updating risk adjustment methodologies to account for part d modernization redesign.--The Secretary shall update the risk adjustment methodologies used to adjust bid amounts pursuant to this subsection as appropriate to take into account changes in benefits under this part pursuant to the amendments made by section 2 of the Seniors Prescription Drug Relief Act.''. (f) Conditions for Coverage of Drugs Under This Part.--Section 1860D-43 of the Social Security Act (42 U.S.C. 1395w-153) is amended-- (1) in subsection (a)-- (A) in paragraph (2), by striking ``and'' at the end; (B) in paragraph (3), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new paragraphs: ``(4) participate in the manufacturer discount program under section 1860D-14B; ``(5) have entered into and have in effect an agreement described in subsection (b) of such section 1860D-14B with the Secretary; and ``(6) have entered into and have in effect, under terms and conditions specified by the Secretary, a contract with a third party that the Secretary has entered into a contract with under subsection (d)(3) of such section 1860D-14B.''; (2) by striking subsection (b) and inserting the following: ``(b) Effective Date.--Paragraphs (1) through (3) of subsection (a) shall apply to covered part D drugs dispensed under this part on or after January 1, 2011, and before January 1, 2024, and paragraphs (4) through (6) of such subsection shall apply to covered part D drugs dispensed on or after January 1, 2024.''; and (3) in subsection (c), by striking paragraph (2) and inserting the following: ``(2) the Secretary determines that in the period beginning on January 1, 2011, and ending on December 31, 2011 (with respect to paragraphs (1) through (3) of subsection (a)), or the period beginning on January 1, 2024, and ending December 31, 2024 (with respect to paragraphs (4) through (6) of such subsection), there were extenuating circumstances.''. (g) Conforming Amendments.-- (1) Section 1860D-2 of the Social Security Act (42 U.S.C. 1395w-102) is amended-- (A) in subsection (a)(2)(A)(i)(I), by striking ``, or an increase in the initial'' and inserting ``or for a year preceding 2024 an increase in the initial''; (B) in subsection (c)(1)(C)-- (i) in the subparagraph heading, by striking ``at initial coverage limit''; and (ii) by inserting ``for a year preceding 2024 or the annual out-of-pocket threshold specified in subsection (b)(4)(B) for the year for 2024 and each subsequent year'' after ``subsection (b)(3) for the year'' each place it appears; and (C) in subsection (d)(1)(A), by striking ``or an initial'' and inserting ``or for a year preceding 2024 an initial''. (2) Section 1860D-4(a)(4)(B)(i) of the Social Security Act (42 U.S.C. 1395w-104(a)(4)(B)(i)) is amended by striking ``the initial'' and inserting ``for a year preceding 2024, the initial''. (3) Section 1860D-14(a) of the Social Security Act (42 U.S.C. 1395w-114(a)) is amended-- (A) in paragraph (1)-- (i) in subparagraph (C), by striking ``The continuation'' and inserting ``For a year preceding 2024, the continuation''; (ii) in subparagraph (D)(iii), by striking ``1860D-2(b)(4)(A)(i)(I)'' and inserting ``1860D-2(b)(4)(A)(i)(I)(aa)''; and (iii) in subparagraph (E), by striking ``The elimination'' and inserting ``For a year preceding 2024, the elimination''; and (B) in paragraph (2)-- (i) in subparagraph (C), by striking ``The continuation'' and inserting ``For a year preceding 2024, the continuation''; and (ii) in subparagraph (E)-- (I) by inserting ``for a year preceding 2024,'' after ``subsection (c)''; and (II) by striking ``1860D- 2(b)(4)(A)(i)(I)'' and inserting ``1860D-2(b)(4)(A)(i)(I)(aa)''. (4) Section 1860D-21(d)(7) of the Social Security Act (42 U.S.C. 1395w-131(d)(7)) is amended by striking ``section 1860D- 2(b)(B)(4)(B)(i)'' and inserting ``section 1860D- 2(b)(B)(4)(C)(i)''. (5) Section 1860D-22(a)(2)(A) of the Social Security Act (42 U.S.C. 1395w-132(a)(2)(A)) is amended-- (A) by striking ``the value of any discount'' and inserting the following: ``the value of-- ``(i) for years prior to 2024, any discount''; (B) in clause (i), as inserted by subparagraph (A) of this paragraph, by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new clause: ``(ii) for 2024 and each subsequent year, any discount provided pursuant to section 1860D-14B.''. (6) Section 1860D-41(a)(6) of the Social Security Act (42 U.S.C. 1395w-151(a)(6)) is amended-- (A) by inserting ``for a year before 2024'' after ``1860D-2(b)(3)''; and (B) by inserting ``for such year'' before the period. (h) Effective Date.--The amendments made by this section shall apply to plan year 2024 and subsequent plan years. SEC. 210. PUBLIC DISCLOSURE OF DRUG DISCOUNTS AND OTHER PHARMACY BENEFIT MANAGER (PBM) PROVISIONS. (a) Public Disclosure of Drug Discounts.-- (1) In general.--Section 1150A of the Social Security Act (42 U.S.C. 1320b-23) is amended-- (A) in subsection (c), in the matter preceding paragraph (1), by striking ``this section'' and inserting ``subsection (b)(1)''; and (B) by adding at the end the following new subsection: ``(e) Public Availability of Certain Information.-- ``(1) In general.--Subject to paragraphs (2) and (3), in order to allow patients and employers to compare PBMs' ability to negotiate rebates, discounts, and price concessions and the amount of such rebates, discounts, and price concessions that are passed through to plan sponsors, not later than July 1, 2025, the Secretary shall make available on the Internet website of the Department of Health and Human Services the information provided to the Secretary and described in paragraphs (2) and (3) of subsection (b) with respect to each PBM. ``(2) Lag in data.--The information made available in a plan year under paragraph (1) shall not include information with respect to such plan year or the two preceding plan years. ``(3) Confidentiality.--The Secretary shall ensure that such information is displayed in a manner that prevents the disclosure of information on rebates, discounts, and price concessions with respect to an individual drug or an individual PDP sponsor, MA organization, or qualified health benefits plan.''. (2) Effective date.--The amendment made by paragraph (1)(A) shall take effect on January 1, 2025. (b) Plan Audit of Pharmacy Benefit Manager Data.--Section 1860D- 2(d)(3) of the Social Security Act (42 U.S.C. 1395w-102(d)(3)) is amended-- (1) by striking ``Audits.--To protect'' and inserting the following: ``Audits.-- ``(A) Audits of plans by the secretary.--To protect''; and (2) by adding at the end the following new subparagraph: ``(B) Audits of pharmacy benefit managers by pdp sponsors and ma organizations.-- ``(i) In general.--Beginning January 1, 2025, in order to ensure that-- ``(I) contracting terms between a PDP sponsor offering a prescription drug plan or an MA organization offering an MA-PD plan and its contracted or owned pharmacy benefit manager are met; and ``(II) the PDP sponsor and MA organization can account for the cost of each covered part D drug net of all direct and indirect remuneration, the PDP sponsor or MA organization shall conduct financial audits. ``(ii) Independent third party.--An audit described in clause (i) shall-- ``(I) be conducted by an independent third party; and ``(II) account and reconcile flows of funds that determine the net cost of covered part D drugs, including direct and indirect remuneration from drug manufacturers and pharmacies or provided to pharmacies. ``(iii) Rebate agreements.--A PDP sponsor and an MA organization shall require pharmacy benefit managers to make rebate contracts with drug manufacturers made on their behalf available under audits described in clause (i). ``(iv) Confidentiality agreements.--Audits described in clause (i) shall be subject to confidentiality agreements to prevent, except as required under clause (vii), the redisclosure of data transmitted under the audit. ``(v) Frequency.--A financial audit under clause (i) shall be conducted periodically (but in no case less frequently than once every 2 years). ``(vi) Timeframe for pbm to provide information.--A PDP sponsor and an MA organization shall require that a pharmacy benefit manager that is being audited under clause (i) provide (as part of their contracting agreement) the requested information to the independent third party conducting the audit within 45 days of the date of the request. ``(vii) Submission of audit reports to the secretary.-- ``(I) In general.--A PDP sponsor and an MA organization shall submit to the Secretary the final report on any audit conducted under clause (i) within 30 days of the PDP sponsor or MA organization receiving the report from the independent third party conducting the audit. ``(II) Review.--The Secretary shall review final reports submitted under clause (i) to determine the extent to which the goals specified in subclauses (I) and (II) of subparagraph (B)(i) are met. ``(III) Confidentiality.-- Notwithstanding any other provision of law, information disclosed in a report submitted under clause (i) related to the net cost of a covered part D drug is confidential and shall not be disclosed by the Secretary or a Medicare contractor. ``(viii) Notice of noncompliance.--A PDP sponsor and an MA organization shall notify the Secretary if any pharmacy benefit manager is not complying with requests for access to information required under an audit under clause (i). ``(ix) Civil monetary penalties.-- ``(I) In general.--Subject to subclause (II), if the Secretary determines that a PDP sponsor or an MA organization has failed to conduct an audit under clause (i), the Secretary may impose a civil monetary penalty of not more than $10,000 for each day of such noncompliance. ``(II) Procedure.--The provisions of section 1128A, other than subsections (a) and (b) and the first sentence of subsection (c)(1) of such section, shall apply to civil monetary penalties under this clause in the same manner as such provisions apply to a penalty or proceeding under section 1128A.''. (c) Disclosure to Pharmacy of Post-Point-of-Sale Pharmacy Price Concessions and Incentive Payments.--Section 1860D-2(d)(2) of the Social Security Act (42 U.S.C. 1395w-102(d)(2)) is amended-- (1) by striking ``Disclosure.--A PDP sponsor'' and inserting the following: ``Disclosure.-- ``(A) To the secretary.--A PDP sponsor''; and (2) by adding at the end the following new subparagraph: ``(B) To pharmacies.-- ``(i) In general.--For plan year 2025 and subsequent plan years, a PDP sponsor offering a prescription drug plan and an MA organization offering an MA-PD plan shall report any pharmacy price concession or incentive payment that occurs with respect to a pharmacy after payment for covered part D drugs at the point- of-sale, including by an intermediary organization with which a PDP sponsor or MA organization has contracted, to the pharmacy. ``(ii) Timing.--The reporting of price concessions and incentive payments to a pharmacy under clause (i) shall be made on a periodic basis (but in no case less frequently than annually). ``(iii) Claim level.--The reporting of price concessions and incentive payments to a pharmacy under clause (i) shall be at the claim level or approximated at the claim level if the price concession or incentive payment was applied at a level other than at the claim level.''. (d) Disclosure of P&T Committee Conflicts of Interest.-- (1) In general.--Section 1860D-4(b)(3)(A) of the Social Security Act (42 U.S.C. 1395w-104(b)(3)(A)) is amended by adding at the end the following new clause: ``(iii) Disclosure of conflicts of interest.--With respect to plan year 2025 and subsequent plan years, a PDP sponsor of a prescription drug plan and an MA organization offering an MA-PD plan shall, as part of its bid submission under section 1860D-11(b), provide the Secretary with a completed statement of financial conflicts of interest, including with manufacturers, from each member of any pharmacy and therapeutic committee used by the sponsor or organization pursuant to this paragraph.''. (2) Inclusion in bid.--Section 1860D-11(b)(2) of the Social Security Act (42 U.S.C. 1395w-111(b)(2)) is amended-- (A) by redesignating subparagraph (F) as subparagraph (G); and (B) by inserting after subparagraph (E) the following new subparagraph: ``(F) P&T committee conflicts of interest.--The information required to be disclosed under section 1860D-4(b)(3)(A)(iii).''. (e) Information on Direct and Indirect Remuneration Required To Be Included in Bid.--Section 1860D-11(b) of the Social Security Act (42 U.S.C. 1395w-111(b)) is amended-- (1) in paragraph (1), by adding at the end the following new sentence: ``With respect to actual amounts of direct and indirect remuneration submitted pursuant to clause (v) of paragraph (2), such amounts shall be consistent with data reported to the Secretary in a prior year.''; and (2) in paragraph (2)(C)-- (A) in clause (iii), by striking ``and'' at the end; (B) in clause (iv), by striking the period at the end and inserting the following: ``, and, with respect to plan year 2025 and subsequent plan years, actual and projected administrative expenses assumed in the bid, categorized by the type of such expense, including actual and projected price concessions retained by a pharmacy benefit manager; and''; and (C) by adding at the end the following new clause: ``(v) with respect to plan year 2025 and subsequent plan years, actual and projected direct and indirect remuneration, categorized as received from each of the following: ``(I) A pharmacy. ``(II) A manufacturer. ``(III) A pharmacy benefit manager. ``(IV) Other entities, as determined by the Secretary.''. SEC. 211. PUBLIC DISCLOSURE OF DIRECT AND INDIRECT REMUNERATION REVIEW AND AUDIT RESULTS. Section 1860D-42 of the Social Security Act (42 U.S.C. 1395w-152) is amended by adding at the end the following new subsection: ``(e) Public Disclosure of Direct and Indirect Remuneration Review and Financial Audit Results.-- ``(1) DIR review results.-- ``(A) In general.--Except as provided in subparagraph (B), in 2023 and each subsequent year, the Secretary shall make available to the public on the Internet website of the Centers for Medicare & Medicaid Services information on discrepancies related to summary and detailed DIR reports submitted by PDP sponsors pursuant to section 1860D-15 across all prescription drug plans based on the most recent data available. Information made available under this subparagraph shall include the following: ``(i) The number of potential errors identified by the Secretary for PDP sponsors to review. ``(ii) The extent to which PDP sponsors resubmitted DIR reports to make changes for previous contract years. ``(iii) The extent to which resubmitted DIR reports resulted in an increase or decrease in DIR in a previous contract year. ``(B) Exclusion of certain submissions in calculation.--The Secretary shall exclude any information in DIR reports submitted with respect to PACE programs under section 1894 (pursuant to section 1860D-21(f)) and qualified retiree prescription drug plans (as defined in section 1860D-22(a)(2)) from the information that is made available to the public under subparagraph (A). ``(2) Financial audit results.--In 2023 and each subsequent year, the Secretary shall make available to the public on the Internet website of the Centers for Medicare & Medicaid Services the results of DIR audits required under section 1860D-12(b)(3)(C). Information made available under this paragraph shall include the following: ``(A) With respect to the year, the number of PDP sponsors that received each of the following: ``(i) A notice of observations or findings that required the sponsor to make DIR report corrections. ``(ii) An unqualified audit opinion that renders the audit closed. ``(iii) A qualified audit opinion that requires the sponsor to submit a corrective action plan to the Secretary. ``(iv) An adverse opinion, with a description of the types of actions that the Secretary takes when issuing an adverse opinion. ``(B) With respect to a preceding year: ``(i) The number of PDP sponsors that reopened a previously closed reconciliation as a result of an audit, including as a result of DIR changes. ``(ii) The extent to which the Secretary recouped an overpayment or made an underpayment as a result of a reopening of a previously closed reconciliation. ``(3) Definition of dir.--For purposes of this subsection, the term `DIR' means direct and indirect remuneration as defined in section 423.308 of title 42, Code of Federal Regulations, or any successor regulation.''. SEC. 212. IMPROVEMENTS TO PROVISION OF PARTS A AND B CLAIMS DATA TO PRESCRIPTION DRUG PLANS. (a) Data Use.-- (1) In general.--Paragraph (6) of section 1860D-4(c) of the Social Security Act (42 U.S.C. 1395w-104(c)), as added by section 50354 of division E of the Bipartisan Budget Act of 2018 (Public Law 115-123), relating to providing prescription drug plans with parts A and B claims data to promote the appropriate use of medications and improve health outcomes, is amended-- (A) in subparagraph (B)-- (i) by redesignating clauses (i), (ii), and (iii) as subclauses (I), (II), and (III), respectively, and moving such subclauses 2 ems to the right; (ii) by striking ``Purposes.--A PDP sponsor'' and inserting ``Purposes.-- ``(i) In general.--A PDP sponsor.''; and (iii) by adding at the end the following new clause: ``(ii) Clarification.--The limitation on data use under subparagraph (C)(i) shall not apply to the extent that the PDP sponsor is using the data provided to carry out any of the purposes described in clause (i).''; and (B) in subparagraph (C)(i), by striking ``To inform'' and inserting ``Subject to subparagraph (B)(ii), to inform''. (2) Effective date.--The amendments made by this subsection shall apply to plan years beginning on or after January 1, 2025. (b) Manner of Provision.--Subparagraph (D) of such paragraph (6) is amended-- (1) by striking ``described.--The data described in this clause'' and inserting ``described.-- ``(i) In general.--The data described in this subparagraph''; and (2) by adding at the end the following new clause: ``(ii) Manner of provision.-- ``(I) In general.--Such data may be provided pursuant to this paragraph in the same manner as data under the Part D Enhanced Medication Therapy Management model tested under section 1115A, through Application Programming Interface, or in another manner as determined by the Secretary. ``(II) Implementation.-- Notwithstanding any other provision of law, the Secretary may implement this clause by program instruction or otherwise.''. (c) Technical Correction.--Such paragraph (6) is redesignated as paragraph (7). SEC. 213. MEDICARE PART D REBATE BY MANUFACTURERS. (a) In General.--Part D of title XVIII of the Social Security Act is amended by inserting after section 1860D-14A (42 U.S.C. 1395w-114a) the following new section: ``SEC. 1860D-14B. MANUFACTURER REBATE FOR CERTAIN DRUGS WITH PRICES INCREASING FASTER THAN INFLATION. ``(a) In General.-- ``(1) In general.--Subject to the provisions of this section, in order for coverage to be available under this part for a part D rebatable drug (as defined in subsection (h)(1)) of a manufacturer (as defined in section 1927(k)(5)) dispensed during an applicable year, the manufacturer must have entered into and have in effect an agreement described in subsection (b). ``(2) Authorizing coverage for drugs not covered under agreements.--Paragraph (1) shall not apply to the dispensing of a covered part D drug if-- ``(A) the Secretary has made a determination that the availability of the drug is essential to the health of beneficiaries under this part; or ``(B) the Secretary determines that in the period beginning on January 1, 2025, and ending on December 31, 2025, there were extenuating circumstances. ``(3) Applicable year.--For purposes of this section the term `applicable year' means a year beginning with 2025. ``(b) Agreements.-- ``(1) Terms of agreement.--An agreement described in this subsection, with respect to a manufacturer of a part D rebatable drug, is an agreement under which the following shall apply: ``(A) Secretarial provision of information.--Not later than 9 months after the end of each applicable year with respect to which the agreement is in effect, the Secretary, for each part D rebatable drug of the manufacturer, shall report to the manufacturer the following for such year: ``(i) Information on the total number of units (as defined in subsection (h)(2)) for each dosage form and strength with respect to such part D rebatable drug and year. ``(ii) Information on the amount (if any) of the excess average manufacturer price increase described in subsection (c)(1)(B) for each dosage form and strength with respect to such drug and year. ``(iii) The rebate amount specified under subsection (c) for each dosage form and strength with respect to such drug and year. ``(B) Manufacturer requirements.--For each applicable year with respect to which the agreement is in effect, the manufacturer of the part D rebatable drug, for each dosage form and strength with respect to such drug, not later than 30 days after the date of receipt from the Secretary of the information described in subparagraph (A) for such year, shall provide to the Secretary a rebate that is equal to the amount specified in subsection (c) for such dosage form and strength with respect to such drug for such year. ``(2) Length of agreement.-- ``(A) In general.--An agreement under this section, with respect to a part D rebatable drug, shall be effective for an initial period of not less than one year and shall be automatically renewed for a period of not less than one year unless terminated under subparagraph (B). ``(B) Termination.-- ``(i) By secretary.--The Secretary may provide for termination of an agreement under this section for violation of the requirements of the agreement or other good cause shown. Such termination shall not be effective earlier than 30 days after the date of notice of such termination. The Secretary shall provide, upon request, a manufacturer with a hearing concerning such a termination, but such hearing shall not delay the effective date of the termination. ``(ii) By a manufacturer.--A manufacturer may terminate an agreement under this section for any reason. Any such termination shall be effective, with respect to a plan year-- ``(I) if the termination occurs before January 30 of the plan year, as of the day after the end of the plan year; and ``(II) if the termination occurs on or after January 30 of the plan year, as of the day after the end of the succeeding plan year. ``(C) Effectiveness of termination.--Any termination under this paragraph shall not affect rebates due under the agreement under this section before the effective date of its termination. ``(D) Delay before reentry.--In the case of any agreement under this section with a manufacturer that is terminated in a plan year, the Secretary may not enter into another such agreement with the manufacturer (or a successor manufacturer) before the subsequent plan year, unless the Secretary finds good cause for an earlier reinstatement of such an agreement. ``(c) Rebate Amount.-- ``(1) In general.--For purposes of this section, the amount specified in this subsection for a dosage form and strength with respect to a part D rebatable drug and applicable year is, subject to subparagraphs (B) and (C) of paragraph (5), the amount equal to the product of-- ``(A) the total number of units of such dosage form and strength with respect to such part D rebatable drug and year; and ``(B) the amount (if any) by which-- ``(i) the annual manufacturer price (as determined in paragraph (2)) paid for such dosage form and strength with respect to such part D rebatable drug for the year; exceeds ``(ii) the inflation-adjusted payment amount determined under paragraph (3) for such dosage form and strength with respect to such part D rebatable drug for the year. ``(2) Determination of annual manufacturer price.--The annual manufacturer price determined under this paragraph for a dosage form and strength, with respect to a part D rebatable drug and an applicable year, is the sum of the products of-- ``(A) the average manufacturer price (as defined in subsection (h)(6)) of such dosage form and strength, as calculated for a unit of such drug, with respect to each of the calendar quarters of such year; and ``(B) the ratio of-- ``(i) the total number of units of such dosage form and strength dispensed during each such calendar quarter of such year; to ``(ii) the total number of units of such dosage form and strength dispensed during such year. ``(3) Determination of inflation-adjusted payment amount.-- The inflation-adjusted payment amount determined under this paragraph for a dosage form and strength with respect to a part D rebatable drug for an applicable year, subject to subparagraphs (A) and (D) of paragraph (5), is-- ``(A) the benchmark year manufacturer price determined under paragraph (4) for such dosage form and strength with respect to such drug and an applicable year; increased by ``(B) the percentage by which the applicable year CPI-U (as defined in subsection (h)(5)) for the applicable year exceeds the benchmark period CPI-U (as defined in subsection (h)(4)). ``(4) Determination of benchmark year manufacturer price.-- The benchmark year manufacturer price determined under this paragraph for a dosage form and strength, with respect to a part D rebatable drug and an applicable year, is the sum of the products of-- ``(A) the average manufacturer price (as defined in subsection (h)(6)) of such dosage form and strength, as calculated for a unit of such drug, with respect to each of the calendar quarters of the payment amount benchmark year (as defined in subsection (h)(3)); and ``(B) the ratio of-- ``(i) the total number of units of such dosage form and strength dispensed during each such calendar quarter of such payment amount benchmark year; to ``(ii) the total number of units of such dosage form and strength dispensed during such payment amount benchmark year. ``(5) Special treatment of certain drugs and exemption.-- ``(A) Subsequently approved drugs.--In the case of a part D rebatable drug first approved or licensed by the Food and Drug Administration after January 1, 2016, subparagraphs (A) and (B) of paragraph (4) shall be applied as if the term `payment amount benchmark year' were defined under subsection (h)(3) as the first calendar year beginning after the day on which the drug was first marketed by any manufacturer and subparagraph (B) of paragraph (3) shall be applied as if the term `benchmark period CPI-U' were defined under subsection (h)(4) as if the reference to `January 2016' under such subsection were a reference to `January of the first year beginning after the date on which the drug was first marketed by any manufacturer'. ``(B) Exemption for shortages.--The Secretary may reduce or waive the rebate under paragraph (1) with respect to a part D rebatable drug that is described as currently in shortage on the shortage list in effect under section 506E of the Federal Food, Drug, and Cosmetic Act or in the case of other exigent circumstances, as determined by the Secretary. ``(C) Treatment of new formulations.-- ``(i) In general.--In the case of a part D rebatable drug that is a line extension of a part D rebatable drug that is an oral solid dosage form, the Secretary shall establish a formula for determining the amount specified in this subsection with respect to such part D rebatable drug and an applicable year with consideration of the original part D rebatable drug. ``(ii) Line extension defined.--In this subparagraph, the term `line extension' means, with respect to a part D rebatable drug, a new formulation of the drug (as determined by the Secretary), such as an extended release formulation, but does not include an abuse- deterrent formulation of the drug (as determined by the Secretary), regardless of whether such abuse-deterrent formulation is an extended release formulation. ``(D) Selected drugs.--In the case of a part D rebatable drug that is a selected drug (as defined in section 1192(c)) for a price applicability period (as defined in section 1191(b)(2))-- ``(i) for plan years during such period for which a maximum fair price (as defined in section 1191(c)(2)) for such drug has been determined and is applied under part E of title XI, the rebate under subsection (b)(1)(B) shall be waived; and ``(ii) in the case such drug is determined (pursuant to such section 1192(c)) to no longer be a selected drug, for each applicable year beginning after the price applicability period with respect to such drug, subparagraphs (A) and (B) of paragraph (4) shall be applied as if the term `payment amount benchmark year' were defined under subsection (h)(3) as the last year beginning during such price applicability period with respect to such selected drug and subparagraph (B) of paragraph (3) shall be applied as if the term `benchmark period CPI-U' were defined under subsection (h)(4) as if the reference to `January 2016' under such subsection were a reference to January of the last year beginning during such price applicability period with respect to such drug. ``(d) Rebate Deposits.--Amounts paid as rebates under subsection (c) shall be deposited into the Medicare Prescription Drug Account in the Federal Supplementary Medical Insurance Trust Fund established under section 1841. ``(e) Information.--For purposes of carrying out this section, the Secretary shall use information submitted by manufacturers under section 1927(b)(3). ``(f) Civil Money Penalty.--In the case of a manufacturer of a part D rebatable drug with an agreement in effect under this section who has failed to comply with the terms of the agreement under subsection (b)(1)(B) with respect to such drug for an applicable year, the Secretary may impose a civil money penalty on such manufacturer in an amount equal to 125 percent of the amount specified in subsection (c) for such drug for such year. The provisions of section 1128A (other than subsections (a) (with respect to amounts of penalties or additional assessments) and (b)) shall apply to a civil money penalty under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(g) Judicial Review.--There shall be no judicial review of the following: ``(1) The determination of units under this section. ``(2) The determination of whether a drug is a part D rebatable drug under this section. ``(3) The calculation of the rebate amount under this section. ``(h) Definitions.--In this section: ``(1) Part d rebatable drug defined.-- ``(A) In general.--The term `part D rebatable drug' means a drug or biological that would (without application of this section) be a covered part D drug, except such term shall, with respect to an applicable year, not include such a drug or biological if the average annual total cost under this part for such year per individual who uses such a drug or biological, as determined by the Secretary, is less than, subject to subparagraph (B), $100, as determined by the Secretary using the most recent data available or, if data is not available, as estimated by the Secretary. ``(B) Increase.--The dollar amount applied under subparagraph (A)-- ``(i) for 2026, shall be the dollar amount specified under such subparagraph for 2025, increased by the percentage increase in the consumer price index for all urban consumers (United States city average) for the 12-month period beginning with January of 2025; and ``(ii) for a subsequent year, shall be the dollar amount specified in this subparagraph for the previous year, increased by the percentage increase in the consumer price index for all urban consumers (United States city average) for the 12-month period beginning with January of the previous year. Any dollar amount specified under this subparagraph that is not a multiple of $10 shall be rounded to the nearest multiple of $10. ``(2) Unit defined.--The term `unit' means, with respect to a part D rebatable drug, the lowest identifiable quantity (such as a capsule or tablet, milligram of molecules, or grams) of the part D rebatable drug that is dispensed to individuals under this part. ``(3) Payment amount benchmark year.--The term `payment amount benchmark year' means the year beginning January 1, 2016. ``(4) Benchmark period cpi-u.--The term `benchmark period CPI-U' means the consumer price index for all urban consumers (United States city average) for January 2016. ``(5) Applicable year cpi-u.--The term `applicable year CPI-U' means, with respect to an applicable year, the consumer price index for all urban consumers (United States city average) for January of such year. ``(6) Average manufacturer price.--The term `average manufacturer price' has the meaning, with respect to a part D rebatable drug of a manufacturer, given such term in section 1927(k)(1), with respect to a covered outpatient drug of a manufacturer for a rebate period under section 1927.''. (b) Conforming Amendments.-- (1) To part b asp calculation.--Section 1847A(c)(3) of the Social Security Act (42 U.S.C. 1395w-3a(c)(3)), as amended by section 201(c)(1), is further amended by striking ``section 1927 or section 1834(x)'' and inserting ``section 1927, section 1834(x), or section 1860D-14B''. (2) Excluding part d drug inflation rebate from best price.--Section 1927(c)(1)(C)(ii)(I) of the Social Security Act (42 U.S.C. 1396r-8(c)(1)(C)(ii)(I)), as amended by section 201(c)(2), is further amended by striking ``or section 1834(x)'' and inserting ``, section 1834(x), or section 1860D- 14B''. (3) Coordination with medicaid rebate information disclosure.--Section 1927(b)(3)(D)(i) of the Social Security Act (42 U.S.C. 1396r-8(b)(3)(D)(i)), as amended by section 201(c)(3), is further amended by striking ``or section 1834(x)'' and inserting ``, section 1834(x), or section 1860D- 14B''. SEC. 214. PROHIBITING BRANDING ON PART D BENEFIT CARDS. (a) In General.--Section 1851(j)(2)(B) of the Social Security Act (42 U.S.C. 1395w-21(j)(2)(B)) is amended by striking ``co-branded network provider'' and inserting ``co-branded, co-owned, or affiliated network provider, pharmacy, or pharmacy benefit manager''. (b) Effective Date.--The amendment made by subsection (a) shall apply to plan years beginning on or after January 1, 2025. SEC. 215. REQUIRING PRESCRIPTION DRUG PLANS AND MA-PD PLANS TO REPORT POTENTIAL FRAUD, WASTE, AND ABUSE TO THE SECRETARY OF HHS. Section 1860D-4 of the Social Security Act (42 U.S.C. 1395w-104), as amended by section 225, is amended by adding at the end the following new subsection: ``(p) Reporting Potential Fraud, Waste, and Abuse.--Beginning January 1, 2024, the PDP sponsor of a prescription drug plan shall report to the Secretary, as specified by the Secretary-- ``(1) any substantiated or suspicious activities (as defined by the Secretary) with respect to the program under this part as it relates to fraud, waste, and abuse; and ``(2) any steps made by the PDP sponsor after identifying such activities to take corrective actions.''. SEC. 216. ESTABLISHMENT OF PHARMACY QUALITY MEASURES UNDER MEDICARE PART D. Section 1860D-4(c) of the Social Security Act (42 U.S.C. 1395w- 104(c)), as amended by section 226, is amended by adding at the end the following new paragraph: ``(8) Application of pharmacy quality measures.-- ``(A) In general.--A PDP sponsor that implements incentive payments to a pharmacy or price concessions paid by a pharmacy based on quality measures shall use measures established or approved by the Secretary under subparagraph (B) with respect to payment for covered part D drugs dispensed by such pharmacy. ``(B) Standard pharmacy quality measures.--The Secretary shall establish or approve standard quality measures from a consensus and evidence-based organization for payments described in subparagraph (A). Such measures shall focus on patient health outcomes and be based on proven criteria measuring pharmacy performance. ``(C) Effective date.--The requirement under subparagraph (A) shall take effect for plan years beginning on or after January 1, 2026, or such earlier date specified by the Secretary if the Secretary determines there are sufficient measures established or approved under subparagraph (B) to meet the requirement under subparagraph (A).''. SEC. 217. ADDITION OF NEW MEASURES BASED ON ACCESS TO BIOSIMILAR BIOLOGICAL PRODUCTS TO THE 5-STAR RATING SYSTEM UNDER MEDICARE ADVANTAGE. (a) In General.--Section 1853(o)(4) of the Social Security Act (42 U.S.C. 1395w-23(o)(4)) is amended by adding at the end the following new subparagraph: ``(E) Addition of new measures based on access to biosimilar biological products.-- ``(i) In general.--For 2028 and subsequent years, the Secretary shall add a new set of measures to the 5-star rating system based on access to biosimilar biological products covered under part B and, in the case of MA-PD plans, such products that are covered part D drugs. Such measures shall assess the impact a plan's benefit structure may have on enrollees' utilization of or ability to access biosimilar biological products, including in comparison to the reference biological product, and shall include measures, as applicable, with respect to the following: ``(I) Coverage.--Assessing whether a biosimilar biological product is on the plan formulary in lieu of or in addition to the reference biological product. ``(II) Preferencing.--Assessing tier placement or cost-sharing for a biosimilar biological product relative to the reference biological product. ``(III) Utilization management tools.--Assessing whether and how utilization management tools are used with respect to a biosimilar biological product relative to the reference biological product. ``(IV) Utilization.--Assessing the percentage of enrollees prescribed the biosimilar biological product and the percentage of enrollees prescribed the reference biological product when the reference biological product is also on the plan formulary. ``(ii) Definitions.--In this subparagraph, the terms `biosimilar biological product' and `reference biological product' have the meaning given those terms in section 1847A(c)(6). ``(iii) Protecting patient interests.--In developing such measures, the Secretary shall ensure that each measure developed to address coverage, preferencing, or utilization management is constructed such that patients retain access to appropriate therapeutic options without undue administrative burden.''. (b) Clarification Regarding Application to Prescription Drug Plans.--To the extent the Secretary of Health and Human Services applies the 5-star rating system under section 1853(o)(4) of the Social Security Act (42 U.S.C. 1395w-23(o)(4)), or a similar system, to prescription drug plans under part D of title XVIII of such Act, the provisions of subparagraph (E) of such section, as added by subsection (a) of this section, shall apply under the system with respect to such plans in the same manner as such provisions apply to the 5-star rating system under such section 1853(o)(4). SEC. 218. HHS STUDY AND REPORT ON THE INFLUENCE OF PHARMACEUTICAL MANUFACTURER THIRD-PARTY REIMBURSEMENT HUBS ON HEALTH CARE PROVIDERS WHO PRESCRIBE THEIR DRUGS AND BIOLOGICALS. (a) Study.-- (1) In general.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall conduct a study on the influence of pharmaceutical manufacturer distribution models that provide third-party reimbursement hub services on health care providers who prescribe the manufacturer's drugs and biologicals, including for Medicare part D beneficiaries. (2) Requirements.--The study under paragraph (1) shall include an analysis of the following: (A) The influence of pharmaceutical manufacturer distribution models that provide third-party reimbursement hub services to health care providers who prescribe the manufacturer's drugs and biologicals, including-- (i) the operations of pharmaceutical manufacturer distribution models that provide reimbursement hub services for health care providers who prescribe the manufacturer's products; (ii) Federal laws affecting these pharmaceutical manufacturer distribution models; and (iii) whether hub services could improperly incentivize health care providers to deem a drug or biological as medically necessary under section 423.578 of title 42, Code of Federal Regulations. (B) Other areas determined appropriate by the Secretary. (b) Report.--Not later than January 1, 2024, the Secretary shall submit to Congress a report on the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Secretary determines appropriate. (c) Consultation.--In conducting the study under subsection (a) and preparing the report under subsection (b), the Secretary shall consult with the Attorney General. SEC. 219. ESTABLISHING A MONTHLY CAP ON BENEFICIARY INCURRED COSTS FOR INSULIN PRODUCTS AND SUPPLIES UNDER A PRESCRIPTION DRUG PLAN OR MA-PD PLAN. (a) In General.--Section 1860D-2 of the Social Security Act (42 U.S.C. 1395w-102), as amended by sections 121 and 133, is further amended-- (1) in subsection (b)(2)-- (A) in subparagraph (A), by striking ``and (E)'' and inserting ``(E), and (F)''; (B) in subparagraph (B), by striking ``and (D)'' and inserting ``(D), and (F)''; and (C) by adding at the end the following new subparagraph: ``(F) Cap on incurred costs for insulin products and supplies.-- ``(i) In general.--The coverage provides benefits, for costs above the annual deductible specified in paragraph (1) and up to the annual out-of-pocket threshold described in paragraph (4)(B) and with respect to a month (beginning with January of 2022), with cost sharing that is equal to $0 for a specified covered part D drug (as defined in clause (iii)) furnished to an individual who has incurred costs during such month with respect to specified covered part D drugs equal to-- ``(I) for months occurring in 2022, $50; or ``(II) for months occurring in a subsequent year, the amount applicable under this clause for months occurring in the year preceding such subsequent year, increased by the annual percentage increase specified in paragraph (6) for such subsequent year and rounded to the nearest dollar. ``(ii) Application.--The provisions of clauses (i) through (iii) of paragraph (4)(C) shall apply with respect to the determination of the incurred costs for specified covered part D drugs for purposes of clause (i) in the same manner as such provisions apply with respect to the determination of incurred costs for covered part D drugs for purposes of paragraph (4)(A). ``(iii) Specified covered part d drug.--For purposes of this subparagraph, the term `specified covered part D drug' means a covered part D drug that is-- ``(I) insulin; or ``(II) a medical supply associated with the injection of insulin (as defined in regulations of the Secretary promulgated pursuant to subsection (e)(1)(B)).''; and (2) in subsection (c), by adding at the end the following new paragraph: ``(5) Same protection with respect to expenditures for insulin and certain medical supplies.--The coverage provides the coverage required under subsection (b)(2)(F).''. (b) Conforming Amendments.-- (1) In general.--Section 1860D-14(a)(1)(D) of the Social Security Act (42 U.S.C. 1395w-114(a)(1)(D)), as amended by section 121, is further amended-- (A) in clause (ii), by striking ``section 1860D- 2(b)(2)'' and inserting ``section 1860D-2(b)(2)(A)''; and (B) in clause (iii), by striking ``section 1860D- 2(b)(2)'' and inserting ``section 1860D-2(b)(2)(A)''. (2) Effective date.--The amendments made by paragraph (1) shall apply with respect to plan year 2022 and each subsequent plan year. SEC. 220. MONTHLY OUT-OF-POCKET COST SHARING MAXIMUM FOR ENROLLEES WHO INCUR A SIGNIFICANT PORTION OF COSTS TOWARDS ANNUAL OUT- OF-POCKET THRESHOLD. (a) In General.--Section 1860D-2(b) of the Social Security Act (42 U.S.C. 1395w-102(b)), as amended by section 2, is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), by striking ``and (D)'' and inserting ``, (D), and (E)''; and (B) by adding at the end the following new subparagraph: ``(E) Monthly out-of-pocket cost sharing maximum for enrollees who incur a significant portion of costs towards annual out-of-pocket threshold.-- ``(i) Establishment of process.-- ``(I) In general.--For plan years beginning on or after January 1, 2024, the Secretary shall, through notice and comment rulemaking, establish a process under which each PDP sponsor offering a prescription drug plan and each MA organization offering an MA-PD plan shall each plan year automatically enroll applicable enrollees in the option to have their monthly out-of- pocket cost-sharing under the plan capped and paid in monthly installments in accordance with this subparagraph (referred to in this subparagraph as the `monthly out-of-pocket cost sharing maximum option'). ``(II) Opt out.--The process established under this clause shall permit an applicable enrollee, prior to the beginning of the plan year or at any point during the plan year, to opt out of enrollment in the monthly out- of-pocket cost sharing maximum option and pay any out-of-pocket cost-sharing otherwise applicable for any covered part D drug in full at the time of the dispensing of such drug (or at the time of such opt out in the case of costs incurred during such enrollment that have not yet been billed to the enrollee). ``(ii) Definitions.-- ``(I) Applicable enrollee.--In this subparagraph, the term `applicable enrollee' means any enrollee in a prescription drug plan or an MA-PD plan, including an enrollee who is a subsidy eligible individual (as defined in paragraph (3) of section 1860D- 14(a)), who incurs or is likely to incur a significant percentage of costs for covered part D drugs. ``(II) Significant percentage.--For purposes of subclause (I), the Secretary shall, in the rulemaking under clause (i), define the term `significant percentage' with respect to a percentage of the annual out-of- pocket threshold specified in paragraph (4)(B) but in no case shall the `significant percentage' be less than 50 percent or more than 100 percent of the annual out-of-pocket threshold. ``(iii) Determination of monthly out-of- pocket cost sharing maximum.--For each month in a plan year in which an applicable enrollee is enrolled in the monthly out-of-pocket cost sharing maximum option, the PDP sponsor or MA organization shall determine a monthly out-of- pocket cost sharing maximum (as defined in clause (v)) for such enrollee. ``(iv) Beneficiary monthly payments.--With respect to an applicable enrollee who is enrolled in the monthly out-of-pocket cost sharing maximum option, for each month described in clause (iii), the PDP sponsor or MA organization shall bill such enrollee an amount (not to exceed the monthly out-of-pocket cost sharing maximum) for the out-of-pocket costs of such enrollee in such month. ``(v) Monthly out-of-pocket cost sharing maximum defined.--In this subparagraph, the term `monthly out-of-pocket cost sharing maximum' means, with respect to an enrollee-- ``(I) for the first month in which this subparagraph applies, an amount determined by calculating-- ``(aa) the annual out-of- pocket threshold specified in paragraph (4)(B) minus the incurred costs of the enrollee as described in paragraph (4)(C); divided by ``(bb) the number of months remaining in the plan year; and ``(II) for a subsequent month, an amount determined by calculating-- ``(aa) the sum of any remaining out-of-pocket costs owed by the enrollee from a previous month that have not yet been billed to the enrollee and any additional costs incurred by the enrollee; divided by ``(bb) the number of months remaining in the plan year. ``(vi) Additional requirements.--The following requirements shall apply with respect to the monthly out-of-pocket cost sharing maximum option under this subparagraph: ``(I) Secretarial responsibilities.--The Secretary shall provide information to part D eligible individuals on the monthly out-of- pocket cost sharing maximum option through educational materials, including through the notices provided under section 1804(a). ``(II) PDP sponsor and ma organization responsibilities.--Each PDP sponsor offering a prescription drug plan or MA organization offering an MA-PD plan-- ``(aa) shall not limit the application of the monthly out- of-pocket cost sharing maximum option to certain covered part D drugs; ``(bb) shall, prior to the plan year, notify prospective enrollees of such option, including the availability of the opt out under clause (i)(II); ``(cc) shall include information on such option in enrollee educational materials, including the availability of the opt out under clause (i)(II); ``(dd) shall have in place a mechanism to notify a pharmacy during the plan year when an enrollee incurs out-of- pocket costs with respect to covered part D drugs that make it likely the enrollee is an applicable enrollee; ``(ee) shall provide that a pharmacy, after receiving a notification described in item (dd) with respect to an enrollee, informs the enrollee of such notification; ``(ff) shall ensure that the application of this subparagraph has no effect on the amount paid to pharmacies (or the timing of such payments) with respect to covered part D drugs dispensed to the enrollee; and ``(gg) shall have in place a financial reconciliation process to correct inaccuracies in payments made by an enrollee under this subparagraph with respect to covered part D drugs during the plan year. ``(III) Failure to pay amount billed under monthly out-of-pocket cost sharing maximum option.--If an applicable enrollee fails to pay the amount billed for a month as required under this subparagraph, the applicable enrollee's enrollment in the monthly out-of-pocket cost sharing maximum option shall be terminated and the enrollee shall pay the cost-sharing otherwise applicable for any covered part D drugs subsequently dispensed to the enrollee up to the annual out-of- pocket threshold specified in paragraph (4)(B). ``(IV) Clarification regarding past due amounts.--Nothing in this subparagraph shall be construed as prohibiting a PDP sponsor or an MA organization from billing an enrollee for an amount owed under this subparagraph. ``(V) Treatment of unsettled balances.--Any unsettled balances with respect to amounts owed under this subparagraph shall be treated as plan losses and the Secretary shall not be liable for any such balances outside of those assumed as losses estimated in plan bids.''; and (2) in paragraph (4)-- (A) in subparagraph (C), by striking ``and subject to subparagraph (F)'' and inserting ``and subject to subparagraphs (F) and (G)''; and (B) by adding at the end the following new subparagraph: ``(G) Inclusion of costs paid under monthly out-of- pocket cost sharing maximum option.--In applying subparagraph (A), with respect to an applicable enrollee who is enrolled in the monthly out-of-pocket cost sharing maximum option described in clause (i)(I) of paragraph (2)(E), costs shall be treated as incurred if such costs are paid by a PDP sponsor or an MA organization under the process provided under such paragraph.''. (b) Application to Alternative Prescription Drug Coverage.--Section 1860D-2(c) of the Social Security Act (42 U.S.C. 1395w-102(c)) is amended by adding at the end the following new paragraph: ``(4) Same monthly out-of-pocket cost sharing maximum.--For plan years beginning on or after January 1, 2024, the monthly out-of-pocket cost sharing maximum for applicable enrollees under the process provided under subsection (b)(2)(E) shall apply to such coverage.''. Subtitle C--Miscellaneous SEC. 221. DRUG MANUFACTURER PRICE TRANSPARENCY. Title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by inserting after section 1128K the following new section: ``SEC. 1128L. DRUG MANUFACTURER PRICE TRANSPARENCY. ``(a) In General.-- ``(1) Determinations.--Beginning July 1, 2025, the Secretary shall make determinations as to whether a drug is an applicable drug as described in subsection (b). ``(2) Required justification.--If the Secretary determines under paragraph (1) that an applicable drug is described in subsection (b), the manufacturer of the applicable drug shall submit to the Secretary the justification described in subsection (c) in accordance with the timing described in subsection (d). ``(b) Applicable Drug Described.-- ``(1) In general.--An applicable drug is described in this subsection if it meets any of the following at the time of the determination: ``(A) Large increase.--The drug (per dose)-- ``(i) has a wholesale acquisition cost of at least $10; and ``(ii) had an increase in the wholesale acquisition cost, with respect to determinations made-- ``(I) during 2023, of at least 100 percent since the date of the enactment of this section; ``(II) during 2024, of at least 100 percent in the preceding 12 months or of at least 150 percent in the preceding 24 months; ``(III) during 2025, of at least 100 percent in the preceding 12 months or of at least 200 percent in the preceding 36 months; ``(IV) during 2026, of at least 100 percent in the preceding 12 months or of at least 250 percent in the preceding 48 months; or ``(V) on or after January 1, 2027, of at least 100 percent in the preceding 12 months or of at least 300 percent in the preceding 60 months. ``(B) High spending with increase.--The drug-- ``(i) was in the top 50th percentile of net spending under title XVIII or XIX (to the extent data is available) during any 12-month period in the preceding 60 months; and ``(ii) per dose, had an increase in the wholesale acquisition cost, with respect to determinations made-- ``(I) during 2023, of at least 15 percent since the date of the enactment of this section; ``(II) during 2024, of at least 15 percent in the preceding 12 months or of at least 20 percent in the preceding 24 months; ``(III) during 2025, of at least 15 percent in the preceding 12 months or of at least 30 percent in the preceding 36 months; ``(IV) during 2026, of at least 15 percent in the preceding 12 months or of at least 40 percent in the preceding 48 months; or ``(V) on or after January 1, 2027, of at least 15 percent in the preceding 12 months or of at least 50 percent in the preceding 60 months. ``(C) High launch price for new drugs.--In the case of a drug that is marketed for the first time on or after January 1, 2023, and for which the manufacturer has established the first wholesale acquisition cost on or after such date, such wholesale acquisition cost for a year's supply or a course of treatment for such drug exceeds the gross spending for covered part D drugs at which the annual out-of-pocket threshold under section 1860D-2(b)(4)(B) would be met for the year. ``(2) Special rules.-- ``(A) Authority of secretary to substitute percentages within a de minimis range.--For purposes of applying paragraph (1), the Secretary may substitute for each percentage described in subparagraph (A) or (B) of such paragraph (other than the percentile described subparagraph (B)(i) of such paragraph) a percentage within a de minimis range specified by the Secretary below the percentage so described. ``(B) Drugs with high launch prices annually report until a therapeutic equivalent is available.--In the case of a drug that the Secretary determines is an applicable drug described in subparagraph (C) of paragraph (1), such drug shall remain described in such subparagraph (C) (and the manufacturer of such drug shall annually report the justification under subsection (c)(2)) until the Secretary determines that there is a therapeutic equivalent (as defined in section 314.3 of title 21, Code of Federal Regulations, or any successor regulation) for such drug. ``(3) Dose.--For purposes of applying paragraph (1), the Secretary shall establish a definition of the term `dose'. ``(c) Justification Described.-- ``(1) Increase in wac.--In the case of a drug that the Secretary determines is an applicable drug described in subparagraph (A) or (B) of subsection (b)(1), the justification described in this subsection is all relevant, truthful, and nonmisleading information and supporting documentation necessary to justify the increase in the wholesale acquisition cost of the applicable drug of the manufacturer, as determined appropriate by the Secretary and which may include the following: ``(A) The individual factors that have contributed to the increase in the wholesale acquisition cost. ``(B) An explanation of the role of each factor in contributing to such increase. ``(C) Total expenditures of the manufacturer on-- ``(i) materials and manufacturing for such drug; ``(ii) acquiring patents and licensing for each drug of the manufacturer; and ``(iii) costs to purchase or acquire the drug from another company, if applicable. ``(D) The percentage of total expenditures of the manufacturer on research and development for such drug that was derived from Federal funds. ``(E) The total expenditures of the manufacturer on research and development for such drug. ``(F) The total revenue and net profit generated from the applicable drug for each calendar year since drug approval. ``(G) The total expenditures of the manufacturer that are associated with marketing and advertising for the applicable drug. ``(H) Additional information specific to the manufacturer of the applicable drug, such as-- ``(i) the total revenue and net profit of the manufacturer for the period of such increase, as determined by the Secretary; ``(ii) metrics used to determine executive compensation; and ``(iii) any additional information related to drug pricing decisions of the manufacturer, such as total expenditures on-- ``(I) drug research and development; or ``(II) clinical trials on drugs that failed to receive approval by the Food and Drug Administration. ``(2) High launch price.--In the case of a drug that the Secretary determines is an applicable drug described in subparagraph (C) of subsection (b)(1), the justification described in this subsection is all relevant, truthful, and nonmisleading information and supporting documentation necessary to justify the wholesale acquisition cost of the applicable drug of the manufacturer, as determined by the Secretary and which may include the items described in subparagraph (C) through (H) of paragraph (1). ``(d) Timing.-- ``(1) Notification.--Not later than 60 days after the date on which the Secretary makes the determination that a drug is an applicable drug under subsection (b), the Secretary shall notify the manufacturer of the applicable drug of such determination. ``(2) Submission of justification.--Not later than 180 days after the date on which a manufacturer receives a notification under paragraph (1), the manufacturer shall submit to the Secretary the justification required under subsection (a). ``(3) Posting on internet website.-- ``(A) In general.--Subject to subparagraph (B), not later than 30 days after receiving the justification under paragraph (2), the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services the justification, together with a summary of such justification that is written and formatted using language that is easily understandable by beneficiaries under titles XVIII and XIX. ``(B) Exclusion of proprietary information.--The Secretary shall exclude proprietary information, such as trade secrets and intellectual property, submitted by the manufacturer in the justification under paragraph (2) from the posting described in subparagraph (A). ``(e) Exception to Requirement for Submission.--In the case of a drug that the Secretary determines is an applicable drug described in subparagraph (A) or (B) of subsection (b)(1), the requirement to submit a justification under subsection (a) shall not apply where the manufacturer, after receiving the notification under subsection (d)(1) with respect to the applicable drug of the manufacturer, reduces the wholesale acquisition cost of a drug so that it no longer is described in such subparagraph (A) or (B) for at least a 4-month period, as determined by the Secretary. ``(f) Penalties.-- ``(1) Failure to submit timely justification.--If the Secretary determines that a manufacturer has failed to submit a justification as required under this section, including in accordance with the timing and form required, with respect to an applicable drug, the Secretary shall apply a civil monetary penalty in an amount of $10,000 for each day the manufacturer has failed to submit such justification as so required. ``(2) False information.--Any manufacturer that submits a justification under this section and knowingly provides false information in such justification is subject to a civil monetary penalty in an amount not to exceed $100,000 for each item of false information. ``(3) Application of procedures.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil monetary penalty under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). Civil monetary penalties imposed under this subsection are in addition to other penalties as may be prescribed by law. ``(g) Definitions.--In this section: ``(1) Drug.--The term `drug' means a drug, as defined in section 201(g) of the Federal Food, Drug, and Cosmetic Act, that is intended for human use and subject to section 503(b)(1) of such Act, including a product licensed under section 351 of the Public Health Service Act. ``(2) Manufacturer.--The term `manufacturer' has the meaning given that term in section 1847A(c)(6)(A). ``(3) Wholesale acquisition cost.--The term `wholesale acquisition cost' has the meaning given that term in section 1847A(c)(6)(B).''. SEC. 222. STRENGTHENING AND EXPANDING PHARMACY BENEFIT MANAGERS TRANSPARENCY REQUIREMENTS. Section 1150A of the Social Security Act (42 U.S.C. 1320b-23), as amended by section 223, is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``or'' at then end; (B) in paragraph (2), by striking the comma at the end and inserting ``; or''; and (C) by inserting after paragraph (2) the following new paragraph: ``(3) a State plan under title XIX, including a managed care entity (as defined in section 1932(a)(1)(B)),''; (2) in subsection (b)-- (A) in paragraph (2)-- (i) by striking ``(excluding bona fide'' and all that follows through ``patient education programs))''; and (ii) by striking ``aggregate amount of'' and inserting ``aggregate amount and percentage of''; (B) in paragraph (3), by striking ``aggregate amount of'' and inserting ``aggregate amount and percentage (defined as a share of gross drug costs) of''; and (C) by adding at the end the following new paragraph: ``(4) The aggregate amount of bona fide service fees (which include distribution service fees, inventory management fees, product stocking allowances, and fees associated with administrative services agreements and patient care programs (such as medication compliance programs and patient education programs)) the PBM received from-- ``(A) PDP sponsors; ``(B) qualified health benefit plans; ``(C) managed care entities (as defined in section 1932(a)(1)(b)); and ``(D) drug manufacturers.''; (3) in subsection (c), by adding at the end the following new paragraphs: ``(5) To States to carry out their administration and oversight of the State plan under title XIX. ``(6) To the Federal Trade Commission to carry out section 5(a) of the Federal Trade Commission Act (15 U.S.C. 45a) and any other relevant consumer protection or antitrust authorities enforced by such Commission, including reviewing proposed mergers in the prescription drug sector. ``(7) To assist the Department of Justice to carry out its antitrust authorities, including reviewing proposed mergers in the prescription drug sector.''; and (4) by adding at the end the following new subsection: ``(f) Annual OIG Evaluation and Report.-- ``(1) Analysis.--The Inspector General of the Department of Health and Human Services shall conduct an annual evaluation of the information provided to the Secretary under this section. Such evaluation shall include an analysis of-- ``(A) PBM rebates; ``(B) administrative fees; ``(C) the difference between what plans pay PBMs and what PBMs pay pharmacies; ``(D) generic dispensing rates; and ``(E) other areas determined appropriate by the Inspector General. ``(2) Report.--Not later than July 1, 2023, and annually thereafter, the Inspector General of the Department of Health and Human Services shall submit to Congress a report containing the results of the evaluation conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Inspector General determines appropriate. Such report shall not disclose the identity of a specific PBM, plan, or price charged for a drug.''. SEC. 223. PRESCRIPTION DRUG PRICING DASHBOARDS. Part A of title XI of the Social Security Act is amended by adding at the end the following new section: ``SEC. 1150C. PRESCRIPTION DRUG PRICING DASHBOARDS. ``(a) In General.--Beginning not later than January 1, 2023, the Secretary shall establish, and annually update, internet website-based dashboards, through which beneficiaries, clinicians, researchers, and the public can review information on spending for, and utilization of, prescription drugs and biologicals (and related supplies and mechanisms of delivery) covered under each of parts B and D of title XVIII and under a State program under title XIX, including information on trends of such spending and utilization over time. ``(b) Medicare Part B Drug and Biological Dashboard.-- ``(1) In general.--The dashboard established under subsection (a) for part B of title XVIII shall provide the information described in paragraph (2). ``(2) Information described.--The information described in this paragraph is the following information with respect to drug or biologicals covered under such part B: ``(A) The brand name and, if applicable, the generic names of the drug or biological. ``(B) Consumer-friendly information on the uses and clinical indications of the drug or biological. ``(C) The manufacturer or labeler of the drug or biological. ``(D) To the extent feasible, the following information: ``(i) Average total spending per dosage unit of the drug or biological in the most recent 2 calendar years for which data is available. ``(ii) The percentage change in average spending on the drug or biological per dosage unit between the most recent calendar year for which data is available and-- ``(I) the preceding calendar year; and ``(II) the preceding 5 and 10 calendar years. ``(iii) The annual growth rate in average spending per dosage unit of the drug or biological in the most recent 5 or 10 calendar years for which data is available. ``(iv) Total spending for the drug or biological for the most recent calendar year for which data is available. ``(v) The number of beneficiaries receiving the drug or biological in the most recent calendar year for which data is available. ``(vi) Average spending on the drug per beneficiary for the most recent calendar year for which data is available. ``(E) The average sales price of the drug or biological (as determined under section 1847A) for the most recent quarter. ``(F) Consumer-friendly information about the coinsurance amount for the drug or biological for beneficiaries for the most recent quarter. Such information shall not include coinsurance amounts for qualified medicare beneficiaries (as defined in section 1905(p)(1)). ``(G) For the most recent calendar year for which data is available-- ``(i) the 15 drugs and biologicals with the highest total spending under such part; and ``(ii) any drug or biological for which the average annual per beneficiary spending exceeds the gross spending for covered part D drugs at which the annual out-of-pocket threshold under section 1860D-2(b)(4)(B) would be met for the year. ``(H) Other information (not otherwise prohibited in law from being disclosed) that the Secretary determines would provide beneficiaries, clinicians, researchers, and the public with helpful information about drug and biological spending and utilization (including trends of such spending and utilization). ``(c) Medicare Covered Part D Drug Dashboard.-- ``(1) In general.--The dashboard established under subsection (a) for part D of title XVIII shall provide the information described in paragraph (2). ``(2) Information described.--The information described in this paragraph is the following information with respect to covered part D drugs under such part D: ``(A) The information described in subparagraphs (A) through (D) of subsection (b)(2). ``(B) Information on average annual beneficiary out-of-pocket costs below and above the annual out-of- pocket threshold under section 1860D-2(b)(4)(B) for the current plan year. Such information shall not include out-of-pocket costs for subsidy eligible individuals under section 1860D-14. ``(C) Information on how to access resources as described in sections 1860D-1(c) and 1851(d). ``(D) For the most recent calendar year for which data is available-- ``(i) the 15 covered part D drugs with the highest total spending under such part; and ``(ii) any covered part D drug for which the average annual per beneficiary spending exceeds the gross spending for covered part D drugs at which the annual out-of-pocket threshold under section 1860D-2(b)(4)(B) would be met for the year. ``(E) Other information (not otherwise prohibited in law from being disclosed) that the Secretary determines would provide beneficiaries, clinicians, researchers, and the public with helpful information about covered part D drug spending and utilization (including trends of such spending and utilization). ``(d) Medicaid Covered Outpatient Drug Dashboard.-- ``(1) In general.--The dashboard established under subsection (a) for title XIX shall provide the information described in paragraph (2). ``(2) Information described.--The information described in this paragraph is the following information with respect to covered outpatient drugs under such title: ``(A) The information described in subparagraphs (A) through (D) of subsection (b)(2). ``(B) For the most recent calendar year for which data is available, the 15 covered outpatient drugs with the highest total spending under such title. ``(C) Other information (not otherwise prohibited in law from being disclosed) that the Secretary determines would provide beneficiaries, clinicians, researchers, and the public with helpful information about covered outpatient drug spending and utilization (including trends of such spending and utilization). ``(e) Data Files.--The Secretary shall make available the underlying data for each dashboard established under subsection (a) in a machine-readable format.''. SEC. 224. IMPROVING COORDINATION BETWEEN THE FOOD AND DRUG ADMINISTRATION AND THE CENTERS FOR MEDICARE & MEDICAID SERVICES. (a) In General.-- (1) Public meeting.-- (A) In general.--Not later than 12 months after the date of the enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall convene a public meeting for the purposes of discussing and providing input on improvements to coordination between the Food and Drug Administration and the Centers for Medicare & Medicaid Services in preparing for the availability of novel medical products described in subsection (c) on the market in the United States. (B) Attendees.--The public meeting shall include-- (i) representatives of relevant Federal agencies, including representatives from each of the medical product centers within the Food and Drug Administration and representatives from the coding, coverage, and payment offices within the Centers for Medicare & Medicaid Services; (ii) stakeholders with expertise in the research and development of novel medical products, including manufacturers of such products; (iii) representatives of commercial health insurance payers; (iv) stakeholders with expertise in the administration and use of novel medical products, including physicians; and (v) stakeholders representing patients and with expertise in the utilization of patient experience data in medical product development. (C) Topics.--The public meeting shall include a discussion of-- (i) the status of the drug and medical device development pipeline related to the availability of novel medical products; (ii) the anticipated expertise necessary to review the safety and effectiveness of such products at the Food and Drug Administration and current gaps in such expertise, if any; (iii) the expertise necessary to make coding, coverage, and payment decisions with respect to such products within the Centers for Medicare & Medicaid Services, and current gaps in such expertise, if any; (iv) trends in the differences in the data necessary to determine the safety and effectiveness of a novel medical product and the data necessary to determine whether a novel medical product meets the reasonable and necessary requirements for coverage and payment under title XVIII of the Social Security Act pursuant to section 1862(a)(1)(A) of such Act (42 U.S.C. 1395y(a)(1)(A)); (v) the availability of information for sponsors of such novel medical products to meet each of those requirements; and (vi) the coordination of information related to significant clinical improvement over existing therapies for patients between the Food and Drug Administration and the Centers for Medicare & Medicaid Services with respect to novel medical products. (D) Trade secrets and confidential information.--No information discussed as a part of the public meeting under this paragraph shall be construed as authorizing the Secretary to disclose any information that is a trade secret or confidential information subject to section 552(b)(4) of title 5, United States Code. (2) Improving transparency of criteria for medicare coverage.-- (A) Draft guidance.--Not later than 18 months after the public meeting under paragraph (1), the Secretary shall update the final guidance titled ``National Coverage Determinations with Data Collection as a Condition of Coverage: Coverage with Evidence Development'' to address any opportunities to improve the availability and coordination of information as described in clauses (iv) through (vi) of paragraph (1)(C). (B) Final guidance.--Not later than 12 months after issuing draft guidance under subparagraph (A), the Secretary shall finalize the updated guidance to address any such opportunities. (b) Report on Coding, Coverage, and Payment Processes Under Medicare for Novel Medical Products.--Not later than 12 months after the date of the enactment of this Act, the Secretary shall publish a report on the Internet website of the Department of Health and Human Services regarding processes under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) with respect to the coding, coverage, and payment of novel medical products described in subsection (c). Such report shall include the following: (1) A description of challenges in the coding, coverage, and payment processes under the Medicare program for novel medical products. (2) Recommendations to-- (A) incorporate patient experience data (such as the impact of a disease or condition on the lives of patients and patient treatment preferences) into the coverage and payment processes within the Centers for Medicare & Medicaid Services; (B) decrease the length of time to make national and local coverage determinations under the Medicare program (as those terms are defined in subparagraph (A) and (B), respectively, of section 1862(l)(6) of the Social Security Act (42 U.S.C. 1395y(l)(6))); (C) streamline the coverage process under the Medicare program and incorporate input from relevant stakeholders into such coverage determinations; and (D) identify potential mechanisms to incorporate novel payment designs similar to those in development in commercial insurance plans and State plans under title XIX of such Act (42 U.S.C. 1396 et seq.) into the Medicare program. (c) Novel Medical Products Described.--For purposes of this section, a novel medical product described in this subsection is a medical product, including a drug, biological (including gene and cell therapy), or medical device, that has been designated as a breakthrough therapy under section 506(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356(a)), a breakthrough device under section 515B of such Act (21 U.S.C. 360e-3), or a regenerative advanced therapy under section 506(g) of such Act (21 U.S.C. 356(g)). SEC. 225. PATIENT CONSULTATION IN MEDICARE NATIONAL AND LOCAL COVERAGE DETERMINATIONS IN ORDER TO MITIGATE BARRIERS TO INCLUSION OF SUCH PERSPECTIVES. Section 1862(l) of the Social Security Act (42 U.S.C. 1395y(l)) is amended by adding at the end the following new paragraph: ``(7) Patient consultation in national and local coverage determinations.--The Secretary may consult with patients and organizations representing patients in making national and local coverage determinations.''. SEC. 226. GAO STUDY ON INCREASES TO MEDICARE AND MEDICAID SPENDING DUE TO COPAYMENT COUPONS AND OTHER PATIENT ASSISTANCE PROGRAMS. (a) Study.--The Comptroller General of the United States shall conduct a study on the impact of copayment coupons and other patient assistance programs on prescription drug pricing and expenditures within the Medicare and Medicaid programs. The study shall assess the following: (1) The extent to which copayment coupons and other patient assistance programs contribute to inflated prescription drug prices under such programs. (2) The impact copayment coupons and other patient assistance programs have in the Medicare Part D program established under part D of title XVIII of the Social Security Act (42 U.S.C. 1395w-101 et seq.) on utilization of higher-cost brand drugs and lower utilization of generic drugs in that program. (3) The extent to which manufacturers report or obtain tax benefits, including deductions of business expenses and charitable contributions, for any of the following: (A) Offering copayment coupons or other patient assistance programs. (B) Sponsoring manufacturer patient assistance programs. (C) Paying for sponsorships at outreach and advocacy events organized by patient assistance programs. (4) The efficacy of oversight conducted to ensure that independent charity patient assistance programs adhere to guidance from the Office of the Inspector General of the Department of Health and Human Services on avoiding waste, fraud, and abuse. (b) Definitions.--In this section: (1) Independent charity patient assistance program.--The term ``independent charity patient assistance program'' means any 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 and which is not a private foundation (as defined in section 509(a) of such Code) that offers patient assistance. (2) Manufacturer.--The term ``manufacturer'' has the meaning given that term in section 1927(k)(5) of the Social Security Act (42 U.S.C. 1396r-8(k)(5)). (3) Manufacturer patient assistance program.--The term ``manufacturer patient assistance program'' means an organization, including a private foundation (as so defined), that is sponsored by, or receives funding from, a manufacturer and that offers patient assistance. Such term does not include an independent charity patient assistance program. (4) Patient assistance.--The term ``patient assistance'' means assistance provided to offset the cost of drugs for individuals. Such term includes free products, coupons, rebates, copay or discount cards, and other means of providing assistance to individuals related to drug costs, as determined by the Secretary of Health and Human Services. (c) Report.--Not later than 24 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report describing the findings of the study required under subsection (a). SEC. 227. MEDPAC REPORT ON SHIFTING COVERAGE OF CERTAIN MEDICARE PART B DRUGS TO MEDICARE PART D. (a) Study.--The Medicare Payment Advisory Commission (in this section referred to as the ``Commission'') shall conduct a study on shifting coverage of certain drugs and biologicals for which payment is currently made under part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) to part D of such title (42 U.S.C. 1395w-21 et seq.). Such study shall include an analysis of-- (1) differences in program structures and payment methods for drugs and biologicals covered under such parts B and D, including effects of such a shift on program spending, beneficiary cost-sharing liability, and utilization management techniques for such drugs and biologicals; and (2) the feasibility and policy implications of shifting coverage of drugs and biologicals for which payment is currently made under such part B to such part D. (b) Report.-- (1) In general.--Not later than June 30, 2024, the Commission shall submit to Congress a report containing the results of the study conducted under subsection (a). (2) Contents.--The report under paragraph (1) shall include information, and recommendations as the Commission deems appropriate, regarding-- (A) formulary design under such part D; (B) the ability of the benefit structure under such part D to control total spending on drugs and biologicals for which payment is currently made under such part B; (C) changes to the bid process under such part D, if any, that may be necessary to integrate coverage of such drugs and biologicals into such part D; and (D) any other changes to the program that Congress should consider in determining whether to shift coverage of such drugs and biologicals from such part B to such part D. SEC. 228. TAKING STEPS TO FULFILL TREATY OBLIGATIONS TO TRIBAL COMMUNITIES. (a) GAO Study.--The Comptroller General shall conduct a study regarding access to, and the cost of, prescription drugs among Indians. The study shall include-- (1) a review of what Indian health programs pay for prescription drugs on reservations and in urban centers relative to other consumers; (2) recommendations to align the value of prescription drug discounts available under the Medicaid drug rebate program established under section 1927 of the Social Security Act (42 U.S.C. 1396r-8) with prescription drug discounts available to Tribal communities through the purchased/referred care program of the Indian Health Service for physician administered drugs; and (3) an examination of how Tribal communities and urban Indian organizations utilize the Medicare part D program established under title XVIII of the Social Security Act (42 U.S.C. 1395w-101 et seq.) and recommendations to improve enrollment among Indians in that program. (b) Report.--Not later than 18 months after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. (c) Definitions.--In this section: (1) Comptroller general.--The term ``Comptroller General'' means the Comptroller General of the United States. (2) Indian; indian health program; indian tribe.--The terms ``Indian'', ``Indian health program'', and ``Indian tribe'' have the meanings given those terms in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603). TITLE III--MEDICAID SEC. 301. MEDICAID PHARMACY AND THERAPEUTICS COMMITTEE IMPROVEMENTS. (a) In General.--Subparagraph (A) of section 1927(d)(4) of the Social Security Act (42 U.S.C. 1396r-8(d)(4)) is amended to read as follows: ``(A)(i) The formulary is developed and reviewed by a pharmacy and therapeutics committee consisting of physicians, pharmacists, and other appropriate individuals appointed by the Governor of the State. ``(ii) Subject to clause (vi), the State establishes and implements a conflict of interest policy for the pharmacy and therapeutics committee that-- ``(I) is publicly accessible; ``(II) requires all committee members to complete, on at least an annual basis, a disclosure of relationships, associations, and financial dealings that may affect their independence of judgement in committee matters; and ``(III) contains clear processes, such as recusal from voting or discussion, for those members who report a conflict of interest, along with appropriate processes to address any instance where a member fails to report a conflict of interest. ``(iii) The membership of the pharmacy and therapeutics committee-- ``(I) includes at least 1 actively practicing physician and at least 1 actively practicing pharmacist, each of whom-- ``(aa) is independent and free of conflict with respect to manufacturers and Medicaid participating plans or subcontractors, including pharmacy benefit managers; and ``(bb) has expertise in the care of 1 or more Medicaid-specific populations such as elderly or disabled individuals, children with complex medical needs, or low-income individuals with chronic illnesses; and ``(II) is made publicly available. ``(iv) At the option of the State, the State's drug use review board established under subsection (g)(3) may serve as the pharmacy and therapeutics committee provided the State ensures that such board meets the requirements of clauses (ii) and (iii). ``(v) The State reviews and has final approval of the formulary established by the pharmacy and therapeutics committee. ``(vi) If the Secretary determines it appropriate or necessary based on the findings and recommendations of the Comptroller General of the United States in the report submitted to Congress under section 303 of the Reduced Costs and Continued Cures Act, the Secretary shall issue guidance that States must follow for establishing conflict of interest policies for the pharmacy and therapeutics committee in accordance with the requirements of clause (ii), including appropriate standards and requirements for identifying, addressing, and reporting on conflicts of interest.''. (b) Application to Medicaid Managed Care Organizations.--Clause (xiii) of section 1903(m)(2)(A) of the Social Security Act (42 U.S.C. 1396b(m)(2)(A)) is amended-- (1) by striking ``and (III)'' and inserting ``(III)''; (2) by striking the period at the end and inserting ``, and (IV) any formulary used by the entity for covered outpatient drugs dispensed to individuals eligible for medical assistance who are enrolled with the entity is developed and reviewed by a pharmacy and therapeutics committee that meets the requirements of clauses (ii) and (iii) of section 1927(d)(4)(A).''; and (3) by moving the left margin 2 ems to the left. (c) Effective Date.--The amendments made by this section shall take effect on the date that is 1 year after the date of enactment of this Act. SEC. 302. IMPROVING REPORTING REQUIREMENTS AND DEVELOPING STANDARDS FOR THE USE OF DRUG USE REVIEW BOARDS IN STATE MEDICAID PROGRAMS. (a) In General.--Section 1927(g)(3) of the Social Security Act (42 U.S.C. 1396r-8(g)(3)) is amended-- (1) by amending subparagraph (B) to read as follows: ``(B) Membership.-- ``(i) In general.--The membership of the DUR Board shall include health care professionals who have recognized knowledge and expertise in one or more of the following: ``(I) The clinically appropriate prescribing of covered outpatient drugs. ``(II) The clinically appropriate dispensing and monitoring of covered outpatient drugs. ``(III) Drug use review, evaluation, and intervention. ``(IV) Medical quality assurance. ``(ii) Membership requirements.--The membership of the DUR Board shall-- ``(I) be made up of at least \1/3\ but no more than 51 percent members who are licensed and actively practicing physicians and at least \1/3\ members who are licensed and actively practicing pharmacists; ``(II) include at least 1 licensed and actively practicing physician and at least 1 licensed and actively practicing pharmacist, each of whom-- ``(aa) is independent and free of any conflict, including with respect to manufacturers, medicaid managed care entities, or pharmacy benefit managers; and ``(bb) has expertise in the care of 1 or more categories of individuals who are likely to be eligible for benefits under this title, including elderly or disabled individuals, children with complex medical needs, or low-income individuals with chronic illnesses; and ``(III) be made publicly available. ``(iii) Conflict of interest policy.--The State shall establish and implement a conflict of interest policy for the DUR Board that-- ``(I) is publicly accessible; ``(II) requires all board members to complete, on at least an annual basis, a disclosure of relationships, associations, and financial dealings that may affect their independence of judgement in board matters; and ``(III) contains clear processes, such as recusal from voting or discussion, for those members who report a conflict of interest, along with appropriate processes to address any instance where a member fails to report a conflict of interest.''; and (2) by adding at the end the following new subparagraph: ``(E) DUR board membership reports.-- ``(i) DUR board reports.--Each State shall require the DUR Board to prepare and submit to the State an annual report on the DUR Board membership. Each such report shall include any conflicts of interest with respect to members of the DUR Board that the DUR Board recorded or was aware of during the period that is the subject of the report, and the process applied to address such conflicts of interest, in addition to any other information required by the State. ``(ii) Inclusion of dur board membership information in state reports.--Each annual State report to the Secretary required under subparagraph (D) shall include-- ``(I) the number of individuals serving on the State's DUR Board; ``(II) the names and professions of the individuals serving on such DUR Board; ``(III) any conflicts of interest or recusals with respect to members of such DUR Board reported by the DUR Board or that the State was aware of during the period that is the subject of the report; and ``(IV) whether the State has elected for such DUR Board to serve as the committee responsible for developing a State formulary under subsection (d)(4)(A).''. (b) Managed Care Requirements.--Section 1932(i) of the Social Security Act (42 U.S.C. 1396u-2(i)) is amended-- (1) by striking ``section 483.3(s)(4)'' and inserting ``section 438.3(s)(4)''; (2) by striking ``483.3(s)(5)'' and inserting ``438.3(s)(5)''; and (3) by adding at the end the following: ``Such a managed care entity shall not be considered to be in compliance with the requirement of such section 438.3(s)(5) that the entity provide a detailed description of its drug utilization review activities unless the entity includes a description of the prospective drug review activities described in paragraph (2)(A) of section 1927(g) and the activities listed in paragraph (3)(C) of section 1927(g), makes the underlying drug utilization review data available to the State and the Secretary, and provides such other information as deemed appropriate by the Secretary.''. (c) Development of National Standards for Medicaid Drug Use Review.--The Secretary of Health and Human Services may promulgate regulations or guidance establishing national standards for Medicaid drug use review programs under section 1927(g) of the Social Security Act (42 U.S.C. 1396r-8) and drug utilization review activities and requirements under section 1932(i) of such Act (42 U.S.C. 1396u-2(i)), for the purpose of aligning review criteria for prospective and retrospective drug use review across all State Medicaid programs. (d) CMS Guidance.--Not later than 18 months after the date of enactment of this Act, the Secretary of Health and Human Services shall issue guidance-- (1) outlining steps that States must take to come into compliance with statutory and regulatory requirements for prospective and retrospective drug use review under section 1927(g) of the Social Security Act (42 U.S.C. 1396r-8(g)) and drug utilization review activities and requirements under section 1932(i) of such Act (42 U.S.C. 1396u-2(i)) (including with respect to requirements that were in effect before the date of enactment of this Act); and (2) describing the actions that the Secretary will take to enforce such requirements. (e) Effective Date.--The amendments made by this section shall take effect on the date that is 1 year after the date of enactment of this Act. SEC. 303. GAO REPORT ON CONFLICTS OF INTEREST IN STATE MEDICAID PROGRAM DRUG USE REVIEW BOARDS AND PHARMACY AND THERAPEUTICS (P&T) COMMITTEES. (a) Investigation.--The Comptroller General of the United States shall conduct an investigation of potential or existing conflicts of interest among members of State Medicaid program State drug use review boards (in this section referred to as ``DUR Boards'') and pharmacy and therapeutics committees (in this section referred to as ``P&T Committees''). (b) Report.--Not later than 24 months after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the investigation conducted under subsection (a) that includes the following: (1) A description outlining how DUR Boards and P&T Committees operate in States, including details with respect to-- (A) the structure and operation of DUR Boards and statewide P&T Committees; (B) States that operate separate P&T Committees for their fee-for-service Medicaid program and their Medicaid managed care organizations or other Medicaid managed care arrangements (collectively referred to in this section as ``Medicaid MCOs)''; and (C) States that allow Medicaid MCOs to have their own P&T Committees and the extent to which pharmacy benefit managers administer or participate in such P&T Committees. (2) A description outlining the differences between DUR Boards established in accordance with section 1927(g)(3) of the Social Security Act (42 U.S.C. 1396r(g)(3)) and P&T Committees. (3) A description outlining the tools P&T Committees may use to determine Medicaid drug coverage and utilization management policies. (4) An analysis of whether and how States or P&T Committees establish participation and independence requirements for DUR Boards and P&T Committees, including with respect to entities with connections with drug manufacturers, State Medicaid programs, managed care organizations, and other entities or individuals in the pharmaceutical industry. (5) A description outlining how States, DUR Boards, or P&T Committees define conflicts of interest. (6) A description of how DUR Boards and P&T Committees address conflicts of interest, including who is responsible for implementing such policies. (7) A description of the tools, if any, States use to ensure that there are no conflicts of interest on DUR Boards and P&T Committees. (8) An analysis of the effectiveness of tools States use to ensure that there are no conflicts of interest on DUR Boards and P&T Committees and, if applicable, recommendations as to how such tools could be improved. (9) A review of strategies States may use to guard against conflicts of interest on DUR Boards and P&T Committees and to ensure compliance with the requirements of titles XI and XIX of the Social Security Act (42 U.S.C. 1301 et seq., 1396 et seq.) and access to effective, clinically appropriate, and medically necessary drug treatments for Medicaid beneficiaries, including recommendations for such legislative and administrative actions as the Comptroller General determines appropriate. SEC. 304. ENSURING THE ACCURACY OF MANUFACTURER PRICE AND DRUG PRODUCT INFORMATION UNDER THE MEDICAID DRUG REBATE PROGRAM. (a) Audit of Manufacturer Price and Drug Product Information.-- (1) In general.--Subparagraph (B) of section 1927(b)(3) of the Social Security Act (42 U.S.C. 1396r-8(b)(3)) is amended to read as follows: ``(B) Audits and surveys of manufacturer price and drug product information.-- ``(i) Audits.--The Secretary shall conduct ongoing audits of the price and drug product information reported by manufacturers under subparagraph (A) for the most recently ended rebate period to ensure the accuracy and timeliness of such information. In conducting such audits, the Secretary may employ evaluations, surveys, statistical sampling, predictive analytics, and other relevant tools and methods. ``(ii) Verifications surveys of average manufacturer price and manufacturer's average sales price.--In addition to the audits required under clause (i), the Secretary may survey wholesalers and manufacturers (including manufacturers that directly distribute their covered outpatient drugs (in this subparagraph referred to as `direct sellers')), when necessary, to verify manufacturer prices and manufacturer's average sales prices (including wholesale acquisition cost) to make payment reported under subparagraph (A). ``(iii) Penalties.--In addition to other penalties as may be prescribed by law, including under subparagraph (C) of this paragraph, the Secretary may impose a civil monetary penalty in an amount not to exceed $185,000 on an annual basis on a wholesaler, manufacturer, or direct seller, if the wholesaler, manufacturer, or direct seller of a covered outpatient drug refuses a request for information about charges or prices by the Secretary in connection with an audit or survey under this subparagraph or knowingly provides false information. The provisions of section 1128A (other than subsections (a) (with respect to amounts of penalties or additional assessments) and (b)) shall apply to a civil money penalty under this clause in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(iv) Reports.-- ``(I) Report to congress.--The Secretary shall, not later than 18 months after date of enactment of this subparagraph, submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate regarding additional regulatory or statutory changes that may be required in order to ensure accurate and timely reporting and oversight of manufacturer price and drug product information, including whether changes should be made to reasonable assumption requirements to ensure such assumptions are reasonable and accurate or whether another methodology for ensuring accurate and timely reporting of price and drug product information should be considered to ensure the integrity of the drug rebate program under this section. ``(II) Annual reports.--The Secretary shall, on at least an annual basis, submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate summarizing the results of the audits and surveys conducted under this subparagraph during the period that is the subject of the report. ``(III) Content.--Each report submitted under subclause (II) shall, with respect to the period that is the subject of the report, include summaries of-- ``(aa) error rates in the price, drug product, and other relevant information supplied by manufacturers under subparagraph (A); ``(bb) the timeliness with which manufacturers, wholesalers, and direct sellers provide information required under subparagraph (A) or under clause (i) or (ii) of this subparagraph; ``(cc) the number of manufacturers, wholesalers, and direct sellers and drug products audited under this subparagraph; ``(dd) the types of price and drug product information reviewed under the audits conducted under this subparagraph; ``(ee) the tools and methodologies employed in such audits; ``(ff) the findings of such audits, including which manufacturers, if any, were penalized under this subparagraph; and ``(gg) such other relevant information as the Secretary shall deem appropriate. ``(IV) Protection of information.-- In preparing a report required under subclause (II), the Secretary shall redact such proprietary information as the Secretary determines appropriate to prevent disclosure of, and to safeguard, such information. ``(v) Appropriations.--Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary $2,000,000 for fiscal year 2023 and each fiscal year thereafter to carry out this subparagraph.''. (2) Effective date.--The amendments made by this subsection shall take effect on the first day of the first fiscal quarter that begins after the date of enactment of this Act. (b) Increased Penalties for Noncompliance With Reporting Requirements.-- (1) Increased penalty for late reporting of information.-- Section 1927(b)(3)(C)(i) of the Social Security Act (42 U.S.C. 1396r-8(b)(3)(C)(i)) is amended by striking ``increased by $10,000 for each day in which such information has not been provided and such amount shall be paid to the Treasury'' and inserting ``, for each covered outpatient drug with respect to which such information is not provided, $50,000 for the first day that such information is not provided on a timely basis and $19,000 for each subsequent day that such information is not provided''. (2) Increased penalty for knowingly reporting false information.--Section 1927(b)(3)(C)(ii) of the Social Security Act (42 U.S.C. 1396r-8(b)(3)(C)(ii)) is amended by striking ``$100,000'' and inserting ``$500,000''. (3) Effective date.--The amendments made by this subsection shall take effect on the first day of the first fiscal quarter that begins after the date of enactment of this Act. SEC. 305. T-MSIS DRUG DATA ANALYTICS REPORTS. (a) In General.--Not later than May 1 of each calendar year beginning with calendar year 2024, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall publish on the Internet website of the Centers for Medicare & Medicaid Services that is accessible to the public a report of the most recently available data on provider prescribing patterns under the Medicaid program. (b) Content of Report.-- (1) Required content.--Each report required under subsection (a) for a calendar year shall include the following information with respect to each State (and, to the extent available, with respect to Puerto Rico, the United States Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa): (A) A comparison of covered outpatient drug (as defined in section 1927(k)(2) of the Social Security Act (42 U.S.C. 1396r-8(k)(2))) prescribing patterns under the State Medicaid plan or waiver of such plan (including drugs prescribed on a fee-for-service basis and drugs prescribed under managed care arrangements under such plan or waiver)-- (i) across all forms or models of reimbursement used under the plan or waiver; (ii) within specialties and subspecialties, as defined by the Secretary; (iii) by episodes of care for-- (I) each chronic disease category, as defined by the Secretary, that is represented in the 10 conditions that accounted for the greatest share of total spending under the plan or waiver during the year that is the subject of the report; (II) procedural groupings; and (III) rare disease diagnosis codes; (iv) by patient demographic characteristics, including race (to the extent that the Secretary determines that there is sufficient data available with respect to such characteristic in a majority of States), gender, and age; (v) by patient high-utilizer or risk status; and (vi) by high and low resource settings by facility and place of service categories, as determined by the Secretary. (B) In the case of medical assistance for covered outpatient drugs (as so defined) provided under a State Medicaid plan or waiver of such plan in a managed care setting, an analysis of the differences in managed care prescribing patterns when a covered outpatient drug is prescribed in a managed care setting as compared to when the drug is prescribed in a fee-for-service setting. (2) Additional content.--A report required under subsection (a) for a calendar year may include State-specific information about prescription utilization management tools under State Medicaid plans or waivers of such plans, including-- (A) a description of prescription utilization management tools under State programs to provide long- term services and supports under a State Medicaid plan or a waiver of such plan; (B) a comparison of prescription utilization management tools applicable to populations covered under a State Medicaid plan waiver under section 1115 of the Social Security Act (42 U.S.C. 1315) and the models applicable to populations that are not covered under the waiver; (C) a comparison of the prescription utilization management tools employed by different Medicaid managed care organizations, pharmacy benefit managers, and related entities within the State; (D) a comparison of the prescription utilization management tools applicable to each enrollment category under a State Medicaid plan or waiver; and (E) a comparison of the prescription utilization management tools applicable under the State Medicaid plan or waiver by patient high-utilizer or risk status. (3) Additional analysis.--To the extent practicable, the Secretary shall include in each report published under subsection (a)-- (A) analyses of national, State, and local patterns of Medicaid population-based prescribing behaviors; and (B) recommendations for administrative or legislative action to improve the effectiveness of, and reduce costs for, covered outpatient drugs under Medicaid while ensuring timely beneficiary access to medically necessary covered outpatient drugs. (c) Use of T-MSIS Data.--Each report required under subsection (a) shall-- (1) be prepared using data and definitions from the Transformed Medicaid Statistical Information System (``T- MSIS'') data set (or a successor data set) that is not more than 24 months old on the date that the report is published; and (2) as appropriate, include a description with respect to each State of the quality and completeness of the data, as well as any necessary caveats describing the limitations of the data reported to the Secretary by the State that are sufficient to communicate the appropriate uses for the information. (d) Preparation of Report.--Each report required under subsection (a) shall be prepared by the Administrator for the Centers for Medicare & Medicaid Services. (e) Appropriation.--For fiscal year 2023 and each fiscal year thereafter, there is appropriated to the Secretary $2,000,000 to carry out this section. SEC. 306. RISK-SHARING VALUE-BASED PAYMENT AGREEMENTS FOR COVERED OUTPATIENT DRUGS UNDER MEDICAID. (a) In General.--Section 1927 of the Social Security Act (42 U.S.C. 1396r-8) is amended by adding at the end the following new subsection: ``(l) State Option To Pay for Covered Outpatient Drugs Through Risk-Sharing Value-Based Agreements.-- ``(1) In general.--Beginning January 1, 2025, a State shall have the option to pay (whether on a fee-for-service or managed care basis) for covered outpatient drugs that are potentially curative treatments intended for one-time use that are administered to individuals under this title by entering into a risk-sharing value-based payment agreement with the manufacturer of the drug in accordance with the requirements of this subsection. ``(2) Secretarial approval.-- ``(A) In general.--A State shall submit a request to the Secretary to enter into a risk-sharing value based payment agreement, and the Secretary shall not approve a proposed risk-sharing value-based payment agreement between a State and a manufacturer for payment for a covered outpatient drug of the manufacturer unless the following requirements are met: ``(i) Manufacturer is party to rebate agreement and in compliance with requirements.--The manufacturer has a rebate agreement in effect as required under subsections (a) and (b) of this section and is in compliance with all applicable requirements under this title. ``(ii) No increase to projected net federal spending.-- ``(I) In general.--The Chief Actuary certifies that the projected payments for each covered outpatient drug under such proposed agreement would not result in greater estimated Federal spending under this title than the net Federal spending that would result in the absence of the agreement. ``(II) Net federal spending defined.--For purposes of this subsection, the term `net Federal spending' means the amount of Federal payments the Chief Actuary estimates would be made under this title for administering a covered outpatient drug to an individual eligible for medical assistance under a State plan or a waiver of such plan, reduced by the amount of all rebates the Chief Actuary estimates would be paid with respect to the administering of such drug, including all rebates under this title and any supplemental or other additional rebates, in the absence of such an agreement. ``(III) Information.--The Chief Actuary shall make the certifications required under this clause based on the most recently available and reliable drug pricing and product information. The State and manufacturer shall provide the Secretary and the Chief Actuary with all necessary information required to make the estimates needed for such certifications. ``(iii) Launch and list price justifications.--The manufacturer submits all relevant information and supporting documentation necessary for pricing decisions as deemed appropriate by the Secretary, which shall be truthful and non-misleading, including manufacturer information and supporting documentation for launch price or list price increases, and any applicable justification required under section 1128L. ``(iv) Confidentiality of information; penalties.--The provisions of subparagraphs (C) and (D) of subsection (b)(3) shall apply to a manufacturer that fails to submit the information and documentation required under clauses (ii) and (iii) on a timely basis, or that knowingly provides false or misleading information, in the same manner as such provisions apply to a manufacturer with a rebate agreement under this section. ``(B) Consideration of state request for approval.-- ``(i) In general.--The Secretary shall treat a State request for approval of a risk- sharing value-based payment agreement in the same manner that the Secretary treats a State plan amendment, and subpart B of part 430 of title 42, Code of Federal Regulations, including, subject to clause (ii), the timing requirements of section 430.16 of such title (as in effect on the date of enactment of this subsection), shall apply to a request for approval of a risk-sharing value-based payment agreement in the same manner as such subpart applies to a State plan amendment. ``(ii) Timing.--The Secretary shall consult with the Commissioner of Food and Drugs as required under subparagraph (C) and make a determination on whether to approve a request from a State for approval of a proposed risk- sharing value-based payment agreement (or request additional information necessary to allow the Secretary to make a determination with respect to such request for approval) within the time period, to the extent practicable, specified in section 430.16 of title 42, Code of Federal Regulations (as in effect on the date of enactment of this subsection), but in no case shall the Secretary take more than 180 days after the receipt of such request for approval or response to such request for additional information to make such a determination (or request additional information). ``(C) Consultation with the commissioner of food and drugs.--In considering whether to approve a risk- sharing value-based payment agreement, the Secretary, to the extent necessary, shall consult with the Commissioner of Food and Drugs to determine whether the relevant clinical parameters specified in such agreement are appropriate. ``(3) Installment-based payment structure.-- ``(A) In general.--A risk-sharing value-based payment agreement shall provide for a payment structure under which, for every installment year of the agreement (subject to subparagraph (B)), the State shall pay the total installment year amount in equal installments to be paid at regular intervals over a period of time that shall be specified in the agreement. ``(B) Requirements for installment payments.-- ``(i) Timing of first payment.--The State shall make the first of the installment payments described in subparagraph (A) for an installment year not later than 30 days after the end of such year. ``(ii) Length of installment period.--The period of time over which the State shall make the installment payments described in subparagraph (A) for an installment year shall not be longer than 5 years. ``(iii) Nonpayment or reduced payment of installments following a failure to meet clinical parameter.--If, prior to the payment date (as specified in the agreement) of any installment payment described in subparagraph (A) or any other alternative date or time frame (as otherwise specified in the agreement), the covered outpatient drug which is subject to the agreement fails to meet a relevant clinical parameter of the agreement, the agreement shall provide that-- ``(I) the installment payment shall not be made; or ``(II) the installment payment shall be reduced by a percentage specified in the agreement that is based on the outcome achieved by the drug relative to the relevant clinical parameter. ``(4) Notice of intent.-- ``(A) In general.--Subject to subparagraph (B), a manufacturer of a covered outpatient drug shall not be eligible to enter into a risk-sharing value-based payment agreement under this subsection with respect to such drug unless the manufacturer notifies the Secretary that the manufacturer is interested in entering into such an agreement with respect to such drug. The decision to submit and timing of a request to enter into a proposed risk-sharing value-based payment agreement shall remain solely within the discretion of the State and shall only be effective upon Secretarial approval as required under this subsection. ``(B) Treatment of subsequently approved drugs.-- ``(i) In general.--In the case of a manufacturer of a covered outpatient drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act or licensed under section 351 of the Public Health Service Act after the date of enactment of this subsection, not more than 90 days after meeting with the Food and Drug Administration following phase II clinical trials for such drug (or, in the case of a drug described in clause (ii), not later than March 31, 2025), the manufacturer must notify the Secretary of the manufacturer's intent to enter into a risk-sharing value-based payment agreement under this subsection with respect to such drug. If no such meeting has occurred, the Secretary may use discretion as to whether a potentially curative treatment intended for one-time use may qualify for a risk-sharing value-based payment agreement under this section. A manufacturer notification of interest shall not have any influence on a decision for approval by the Food and Drug Administration. ``(ii) Application to certain subsequently approved drugs.--A drug described in this clause is a covered outpatient drug of a manufacturer-- ``(I) that is approved under section 505 of the Federal Food, Drug, and Cosmetic Act or licensed under section 351 of the Public Health Service Act after the date of enactment of this subsection; and ``(II) with respect to which, as of January 1, 2025, more than 90 days have passed after the manufacturer's meeting with the Food and Drug Administration following phase II clinical trials for such drug. ``(iii) Parallel approval.--The Secretary, in coordination with the Administrator of the Centers for Medicare & Medicaid Services and the Commissioner of Food and Drugs, shall, to the extent practicable, approve a State's request to enter into a proposed risk-sharing value-based payment agreement that otherwise meets the requirements of this subsection at the time that such a drug is approved by the Food and Drug Administration to help provide that no State that wishes to enter into such an agreement is required to pay for the drug in full at one time if the State is seeking to pay over a period of time as outlined in the proposed agreement. ``(iv) Rule of construction.--Nothing in this paragraph shall be applied or construed to modify or affect the timeframes or factors involved in the Secretary's determination of whether to approve or license a drug under section 505 of the Federal Food, Drug, and Cosmetic Act or section 351 of the Public Health Service Act. ``(5) Special payment rules.-- ``(A) In general.--Except as otherwise provided in this paragraph, with respect to an individual who is administered a unit of a covered outpatient drug that is purchased under a State plan by a State Medicaid agency under a risk-sharing value-based payment agreement in an installment year, the State shall remain liable to the manufacturer of such drug for payment for such unit without regard to whether the individual remains enrolled in the State plan under this title (or a waiver of such plan) for each installment year for which the State is to make installment payments for covered outpatient drugs purchased under the agreement in such year. ``(B) Death.--In the case of an individual described in subparagraph (A) who dies during the period described in such subparagraph, the State plan shall not be liable for any remaining payment for the unit of the covered outpatient drug administered to the individual which is owed under the agreement described in such subparagraph. ``(C) Withdrawal of approval.--In the case of a covered outpatient drug that is the subject of a risk- sharing value-based agreement between a State and a manufacturer under this subsection, including a drug approved in accordance with section 506(c) of the Federal Food, Drug, and Cosmetic Act, and such drug is the subject of an application that has been withdrawn by the Secretary, the State plan shall not be liable for any remaining payment that is owed under the agreement. ``(D) Alternative arrangement under agreement.-- Subject to approval by the Secretary, the terms of a proposed risk-sharing value-based payment agreement submitted for approval by a State may provide that subparagraph (A) shall not apply. ``(E) Guidance.--Not later than January 1, 2025, the Secretary shall issue guidance to States establishing a process for States to notify the Secretary when an individual who is administered a unit of a covered outpatient drug that is purchased by a State plan under a risk-sharing value-based payment agreement ceases to be enrolled under the State plan under this title (or a waiver of such plan) or dies before the end of the installment period applicable to such unit under the agreement. ``(6) Treatment of payments under risk-sharing value-based agreements for purposes of average manufacturer price; best price.--The Secretary shall treat any payments made to the manufacturer of a covered outpatient drug under a risk-sharing value-based payment agreement under this subsection during a rebate period in the same manner that the Secretary treats payments made under a State supplemental rebate agreement under sections 447.504(c)(19) and 447.505(c)(7) of title 42, Code of Federal Regulations (or any successor regulations) for purposes of determining average manufacturer price and best price under this section with respect to the covered outpatient drug and a rebate period and for purposes of offsets required under subsection (b)(1)(B). ``(7) Assessments and report to congress.-- ``(A) Assessments.-- ``(i) In general.--Not later than 180 days after the end of each assessment period of any risk-sharing value-based payment agreement for a State approved under this subsection, the Secretary shall conduct an evaluation of such agreement which shall include an evaluation by the Chief Actuary to determine whether program spending under the risk-sharing value-based payment agreement aligned with the projections for the agreement made under paragraph (2)(A)(ii), including an assessment of whether actual Federal spending under this title under the agreement was less or more than net Federal spending would have been in the absence of the agreement. ``(ii) Assessment period.--For purposes of clause (i)-- ``(I) the first assessment period for a risk-sharing value-based payment agreement shall be the period of time over which payments are scheduled to be made under the agreement for the first 10 individuals who are administered covered outpatient drugs under the agreement except that such period shall not exceed the 5-year period after the date on which the Secretary approves the agreement; and ``(II) each subsequent assessment period for a risk-sharing value-based payment agreement shall be the 5-year period following the end of the previous assessment period. ``(B) Results of assessments.-- ``(i) Termination option.--If the Secretary determines as a result of the assessment by the Chief Actuary under subparagraph (A) that the actual Federal spending under this title for any covered outpatient drug that was the subject of the State's risk-sharing value-based payment agreement was greater than the net Federal spending that would have resulted in the absence of the agreement, the Secretary may terminate approval of such agreement and shall immediately conduct an assessment under this paragraph of any other ongoing risk-sharing value-based payment agreement to which the same manufacturer is a party. ``(ii) Repayment required.-- ``(I) In general.--If the Secretary determines as a result of the assessment by the Chief Actuary under subparagraph (A) that the Federal spending under the risk-sharing value- based agreement for a covered outpatient drug that was subject to such agreement was greater than the net Federal spending that would have resulted in the absence of the agreement, the manufacturer shall repay the difference to the State and Federal governments in a timely manner as determined by the Secretary. ``(II) Termination for failure to pay.--The failure of a manufacturer to make repayments required under subclause (I) in a timely manner shall result in immediate termination of all risk-sharing value-based agreements to which the manufacturer is a party. ``(III) Additional penalties.--In the case of a manufacturer that fails to make repayments required under subclause (I), the Secretary may treat such manufacturer in the same manner as a manufacturer that fails to pay required rebates under this section, and the Secretary may-- ``(aa) suspend or terminate the manufacturer's rebate agreement under this section; and ``(bb) pursue any other remedy that would be available if the manufacturer had failed to pay required rebates under this section. ``(C) Report to congress.--Not later than 5 years after the first risk-sharing value-based payment agreement is approved under this subsection, the Secretary shall submit to Congress and make available to the public a report that includes-- ``(i) an assessment of the impact of risk- sharing value-based payment agreements on access for individuals who are eligible for benefits under a State plan or waiver under this title to medically necessary covered outpatient drugs and related treatments; ``(ii) an analysis of the impact of such agreements on overall State and Federal spending under this title; ``(iii) an assessment of the impact of such agreements on drug prices, including launch price and price increases; and ``(iv) such recommendations to Congress as the Secretary deems appropriate. ``(8) Guidance and regulations.-- ``(A) In general.--Not later than January 1, 2025, the Secretary shall issue guidance to States seeking to enter into risk-sharing value-based payment agreements under this subsection that includes a model template for such agreements. The Secretary may issue any additional guidance or promulgate regulations as necessary to implement and enforce the provisions of this subsection. ``(B) Model agreements.-- ``(i) In general.--If a State expresses an interest in pursuing a risk-sharing value-based payment agreement under this subsection with a manufacturer for the purchase of a covered outpatient drug, the Secretary may share with such State any risk-sharing value-based agreement between a State and the manufacturer for the purchase of such drug that has been approved under this subsection. While such shared agreement may serve as a template for a State that wishes to propose, the use of a previously approved agreement shall not affect the submission and approval process for approval of a proposed risk-sharing value-based payment agreement under this subsection, including the requirements under paragraph (2)(A). ``(ii) Confidentiality.--In the case of a risk-sharing value-based payment agreement that is disclosed to a State by the Secretary under this subparagraph and that is only in effect with respect to a single State, the confidentiality of information provisions described in subsection (b)(3)(D) shall apply to such information. ``(C) OIG consultation.-- ``(i) In general.--The Secretary shall consult with the Office of the Inspector General of the Department of Health and Human Services to determine whether there are potential program integrity concerns with agreement approvals or templates and address accordingly. ``(ii) OIG policy updates as necessary.-- The Inspector General of the Department of Health and Human Services shall review and update, as necessary, any policies or guidelines of the Office of the Inspector General of the Department of Human Services (including policies related to the enforcement of section 1128B) to accommodate the use of risk-sharing value-based payment agreements in accordance with this section. ``(9) Rules of construction.-- ``(A) Modifications.--Nothing in this subsection or any regulations promulgated under this subsection shall prohibit a State from requesting a modification from the Secretary to the terms of a risk-sharing value- based payment agreement. A modification that is expected to result in any increase to projected net State or Federal spending under the agreement shall be subject to recertification by the Chief Actuary as described in paragraph (2)(A)(ii) before the modification may be approved. ``(B) Rebate agreements.--Nothing in this subsection shall be construed as requiring a State to enter into a risk-sharing value-based payment agreement or as limiting or superseding the ability of a State to enter into a supplemental rebate agreement for a covered outpatient drug. ``(C) FFP for payments under risk-sharing value- based payment agreements.--Federal financial participation shall be available under this title for any payment made by a State to a manufacturer for a covered outpatient drug under a risk-sharing value- based payment agreement in accordance with this subsection, except that no Federal financial participation shall be available for any payment made by a State to a manufacturer under such an agreement on and after the effective date of a disapproval of such agreement by the Secretary. ``(D) Continued application of other provisions.-- Except as expressly provided in this subsection, nothing in this subsection or in any regulations promulgated under this subsection shall affect the application of any other provision of this Act. ``(10) Appropriations.--For fiscal year 2023 and each fiscal year thereafter, there are appropriated to the Secretary $5,000,000 for the purpose of carrying out this subsection. ``(11) Definitions.--In this subsection: ``(A) Chief actuary.--The term `Chief Actuary' means the Chief Actuary of the Centers for Medicare & Medicaid Services. ``(B) Installment year.--The term `installment year' means, with respect to a risk-sharing value-based payment agreement, a 12-month period during which a covered outpatient drug is administered under the agreement. ``(C) Potentially curative treatment intended for one-time use.--The term `potentially curative treatment intended for one-time use' means a treatment that consists of the administration of a covered outpatient drug that-- ``(i) is a form of gene therapy for a rare disease, as defined by the Commissioner of Food and Drugs, designated under section 526 of the Federal Food, Drug, and Cosmetics Act, and approved under section 505 of such Act or licensed under subsection (a) or (k) of section 351 of the Public Health Service Act to treat a serious or life-threatening disease or condition; ``(ii) if administered in accordance with the labeling of such drug, is expected to result in either-- ``(I) the cure of such disease or condition; or ``(II) a reduction in the symptoms of such disease or condition to the extent that such disease or condition is not expected to lead to early mortality; and ``(iii) is expected to achieve a result described in clause (ii), which may be achieved over an extended period of time, after not more than 3 administrations. ``(D) Relevant clinical parameter.--The term `relevant clinical parameter' means, with respect to a covered outpatient drug that is the subject of a risk- sharing value-based payment agreement-- ``(i) a clinical endpoint specified in the drug's labeling or supported by one or more of the compendia described in section 1861(t)(2)(B)(ii)(I) that-- ``(I) is able to be measured or evaluated on an annual basis for each year of the agreement on an independent basis by a provider or other entity; and ``(II) is required to be achieved (based on observed metrics in patient populations) under the terms of the agreement; or ``(ii) a surrogate endpoint (as defined in section 507(e)(9) of the Federal Food, Drug, and Cosmetic Act), including those developed by patient-focused drug development tools, that-- ``(I) is able to be measured or evaluated on an annual basis for each year of the agreement on an independent basis by a provider or other entity; and ``(II) has been qualified by the Food and Drug Administration. ``(E) Risk-sharing value-based payment agreement.-- The term `risk-sharing value-based payment agreement' means an agreement between a State plan and a manufacturer-- ``(i) for the purchase of a covered outpatient drug of the manufacturer that is a potentially curative treatment intended for one-time use; ``(ii) under which payment for such drug shall be made pursuant to an installment-based payment structure that meets the requirements of paragraph (3); ``(iii) which conditions payment on the achievement of at least 2 relevant clinical parameters (as defined in subparagraph (C)); ``(iv) which provides that-- ``(I) the State plan will directly reimburse the manufacturer for the drug; or ``(II) a third party will reimburse the manufacture in a manner approved by the Secretary; and ``(v) is approved by the Secretary in accordance with paragraph (2). ``(F) Total installment year amount.--The term `total installment year amount' means, with respect to a risk-sharing value-based payment agreement for the purchase of a covered outpatient drug and an installment year, an amount equal to the product of-- ``(i) the unit price of the drug charged under the agreement; and ``(ii) the number of units of such drug administered under the agreement during such installment year.''. (b) Conforming Amendments.-- (1) Section 1903(i)(10)(A) of the Social Security Act (42 U.S.C. 1396b(i)(10)(A)) is amended by striking ``or unless section 1927(a)(3) applies'' and inserting ``, section 1927(a)(3) applies with respect to such drugs, or such drugs are the subject of a risk-sharing value-based payment agreement under section 1927(l)''. (2) Section 1927(b) of the Social Security Act (42 U.S.C. 1396r-8(b)) is amended-- (A) in paragraph (1)(A), by inserting ``(except for drugs for which payment is made by a State under a risk-sharing value-based payment agreement under subsection (l))'' after ``under the State plan for such period''; and (B) in paragraph (3)-- (i) in subparagraph (C)(i), by inserting ``or subsection (l)(2)(A)'' after ``subparagraph (A)''; and (ii) in subparagraph (D), in the matter preceding clause (i), by inserting ``, under subsection (l)(2)(A),'' after ``under this paragraph''. SEC. 307. MODIFICATION OF MAXIMUM REBATE AMOUNT UNDER MEDICAID DRUG REBATE PROGRAM. (a) In General.--Subparagraph (D) of section 1927(c)(2) of the Social Security Act (42 U.S.C. 1396r-8(c)(2)) is amended to read as follows: ``(D) Maximum rebate amount.-- ``(i) In general.--Except as provided in clause (ii), in no case shall the sum of the amounts applied under paragraph (1)(A)(ii) and this paragraph with respect to each dosage form and strength of a single source drug or an innovator multiple source drug for a rebate period exceed-- ``(I) for rebate periods beginning after December 31, 2009, and before September 30, 2025, 100 percent of the average manufacturer price of the drug; and ``(II) for rebate periods beginning on or after October 1, 2025, 125 percent of the average manufacturer price of the drug. ``(ii) No maximum amount for drugs if amp increases outpace inflation.-- ``(I) In general.--If the average manufacturer price with respect to each dosage form and strength of a single source drug or an innovator multiple source drug increases on or after October 1, 2024, and such increased average manufacturer price exceeds the inflation-adjusted average manufacturer price determined with respect to such drug under subclause (II) for the rebate period, clause (i) shall not apply and there shall be no limitation on the sum of the amounts applied under paragraph (1)(A)(ii) and this paragraph for the rebate period with respect to each dosage form and strength of the single source drug or innovator multiple source drug. ``(II) Inflation-adjusted average manufacturer price defined.--In this clause, the term `inflation-adjusted average manufacturer price' means, with respect to a single source drug or an innovator multiple source drug and a rebate period, the average manufacturer price for each dosage form and strength of the drug for the calendar quarter beginning July 1, 1990 (without regard to whether or not the drug has been sold or transferred to an entity, including a division or subsidiary of the manufacturer, after the 1\st\ day of such quarter), increased by the percentage by which the consumer price index for all urban consumers (United States city average) for the month before the month in which the rebate period begins exceeds such index for September 1990.''. (b) Treatment of Subsequently Approved Drugs.--Section 1927(c)(2)(B) of the Social Security Act (42 U.S.C. 1396r-8(c)(2)(B)) is amended by inserting ``and clause (ii)(II) of subparagraph (D)'' after ``clause (ii)(II) of subparagraph (A)''. (c) Technical Amendments.--Section 1927(c)(3)(C)(ii)(IV) of the Social Security Act (42 U.S.C. 1396r-9(c)(3)(C)(ii)(IV)) is amended-- (1) by striking ``subparagraph (A)'' and inserting ``paragraph (3)(A)''; and (2) by striking ``this subparagraph'' and inserting ``paragraph (3)(C)''. TITLE IV--ADDRESSING INTERMEDIARIES AND DRUG COMPETITION SEC. 401. HEALTH PLAN OVERSIGHT OF PHARMACY BENEFIT MANAGER SERVICES. Subpart II of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-11 et seq.) is amended by adding at the end the following: ``SEC. 2729A. HEALTH PLAN OVERSIGHT OF PHARMACY BENEFIT MANAGER SERVICES. ``(a) In General.--A group health plan or health insurance issuer offering group or individual health insurance coverage or an entity or subsidiary providing pharmacy benefits management services shall not enter into a contract with a drug manufacturer, distributor, wholesaler, subcontractor, rebate aggregator, or any associated third party that limits the disclosure of information to plan sponsors in such a manner that prevents the plan or coverage, or an entity or subsidiary providing pharmacy benefits management services on behalf of a plan or coverage from making the reports described in subsection (b). ``(b) Reports to Group Plan Sponsors.-- ``(1) In general.--Beginning with the first plan year that begins after the date of enactment of this section, not less frequently than once every six months, a health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefits management services on behalf of a group health plan shall submit to the self-funded group health plan and at the request of any other group health plan a report in accordance with this subsection and make such report available to the plan sponsor in a machine-readable format. Each such report shall include, with respect to the applicable group health plan or health insurance coverage-- ``(A) information collected from drug manufacturers by such issuer or entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by the drug manufacturer with respect to the enrollees in such plan or coverage; ``(B) a list of each covered drug dispensed during the reporting period, including, with respect to each such drug during the reporting period-- ``(i) the brand name, chemical entity, and National Drug Code; ``(ii) the number of enrollees for whom the drug was filled during the plan year, the total number of prescription fills for the drug (including original prescriptions and refills), and the total number of dosage units of the drug dispensed across the plan year, including whether the dispensing channel was by retail, mail order, or specialty pharmacy; ``(iii) the wholesale acquisition cost, listed as cost per days supply and cost per pill, or in the case of a drug in another form, per dose; ``(iv) the total out-of-pocket spending by enrollees on such drug, including enrollee spending through copayments, coinsurance, and deductibles; and ``(v) for any drug for which gross spending of the group health plan or health insurance coverage exceeded $10,000 during the reporting period-- ``(I) a list of all other available drugs in the same therapeutic category or class, including brand name drugs and biological products and generic drugs or biosimilar biological products that are in the same therapeutic category or class; and ``(II) the rationale for preferred formulary placement of a particular drug or drugs in that therapeutic category or class; ``(C) a list of each therapeutic category or class of drugs that were dispensed under the health plan or health insurance coverage during the reporting period, and, with respect to each such therapeutic category or class of drugs, during the reporting period-- ``(i) total gross spending by the plan, before manufacturer rebates, fees, or other manufacturer remuneration; ``(ii) the number of enrollees who filled a prescription for a drug in that category or class; ``(iii) if applicable to that category or class, a description of the formulary tiers and utilization mechanisms (such as prior authorization or step therapy) employed for drugs in that category or class; ``(iv) the total out-of-pocket spending by enrollees, including enrollee spending through copayments, coinsurance, and deductibles; and ``(v) for each therapeutic category or class under which three or more drugs are marketed and available-- ``(I) the amount received, or expected to be received, from drug manufacturers in rebates, fees, alternative discounts, or other remuneration-- ``(aa) to be paid by drug manufacturers for claims incurred during the reporting period; or ``(bb) that is related to utilization of drugs, in such therapeutic category or class; ``(II) the total net spending by the health plan or health insurance coverage on that category or class of drugs; and ``(III) the net price per dosage unit or course of treatment incurred by the health plan or health insurance coverage and its enrollees, after manufacturer rebates, fees, and other remuneration for drugs dispensed within such therapeutic category or class during the reporting period; ``(D) total gross spending on prescription drugs by the plan or coverage during the reporting period, before rebates and other manufacturer fees or remuneration; ``(E) total amount received, or expected to be received, by the health plan or health insurance coverage in drug manufacturer rebates, fees, alternative discounts, and all other remuneration received from the manufacturer or any third party related to utilization of drug or drug spending under that health plan or health insurance coverage during the reporting period; ``(F) the total net spending on prescription drugs by the health plan or health insurance coverage during the reporting period; and ``(G) amounts paid directly or indirectly in rebates, fees, or any other type of remuneration to brokers, consultants, advisors, or any other individual or firm who referred the group health plan's or health insurance issuer's business to the pharmacy benefit manager. ``(2) Privacy requirements.--Health insurance issuers offering group health insurance coverage and entities providing pharmacy benefits management services on behalf of a group health plan shall provide information under paragraph (1) in a manner consistent with the privacy, security, and breach notification regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (or successor regulations), and shall restrict the use and disclosure of such information according to such privacy regulations. ``(3) Disclosure and redisclosure.-- ``(A) Limitation to business associates.--A group health plan receiving a report under paragraph (1) may disclose such information only to business associates of such plan as defined in section 160.103 of title 45, Code of Federal Regulations (or successor regulations). ``(B) Clarification regarding public disclosure of information.--Nothing in this section prevents a health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefits management services on behalf of a group health plan from placing reasonable restrictions on the public disclosure of the information contained in a report described in paragraph (1). ``(c) Enforcement.-- ``(1) In general.--The Secretary, in consultation with the Secretary of Labor and the Secretary of the Treasury, shall enforce this section. ``(2) Failure to provide timely information.--A health insurance issuer or an entity providing pharmacy benefit management services that violates subsection (a) or fails to provide information required under subsection (b) or a drug manufacturer that fails to provide information under subsection (b)(1)(A), in a timely manner shall be subject to a civil monetary penalty in the amount of $10,000 for each day during which such violation continues or such information is not disclosed or reported. ``(3) False information.--A health insurance issuer, entity providing pharmacy benefit management services, or drug manufacturer that knowingly provides false information under this section shall be subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. Such civil money penalty shall be in addition to other penalties as may be prescribed by law. ``(4) Procedure.--The provisions of section 1128A of the Social Security Act, other than subsections (a) and (b) and the first sentence of subsection (c)(1) of such section shall apply to civil monetary penalties under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A of the Social Security Act. ``(5) Safe harbor.--The Secretary may waive penalties under paragraph (2), or extend the period of time for compliance with a requirement of this section, for an entity in violation of this section that has made a good-faith effort to comply with this section. ``(d) Rule of Construction.--Nothing in this section shall be construed to prohibit entities providing pharmacy benefits management services from retaining bona fide service fees, provided that such fees are transparent to group health plans and health insurance issuers and are not linked directly to the price or formulary placement or position of a drug. ``(e) Definitions.--In this section-- ``(1) the term `similarly situated pharmacy' means, with respect to a particular pharmacy, another pharmacy that is approximately the same size (as measured by the number of prescription drugs dispensed), and that serves patients in the same geographical area, whether through physical locations or mail order; ``(2) the term `wholesale acquisition cost' has the meaning given such term in section 1847A(c)(6)(B) of the Social Security Act; and ``(3) the term `bona fide service fees' means fees paid by a manufacturer, customer, or client (other than a group health plan or health insurance issuer) of an entity providing pharmacy benefit management services, to an entity providing pharmacy benefit management services, that represent fair market value for bona fide, itemized services actually performed on behalf of the manufacturer, customer, or client would otherwise perform or contract for in the absence of the service arrangement, without prior consent for any specific arrangements.''. SEC. 402. STUDY OF PHARMACEUTICAL SUPPLY CHAIN INTERMEDIARIES AND MERGER ACTIVITY. (a) Initial Report.--Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report that-- (1) addresses at minimum-- (A) whether pharmacy benefit managers-- (i) charge payers a higher price than the reimbursement rate at which the pharmacy benefit managers reimburse competing pharmacies; (ii) steer patients for anticompetitive purposes to any pharmacies, including retail, mail-order, or any other type of pharmacy, in which the pharmacy benefit manager has an ownership interest; (iii) audit or review proprietary data, including acquisition costs, patient information, or dispensing information, of competing pharmacies that can be used for anticompetitive purposes; or (iv) use formulary designs to increase the market share of higher cost prescription drugs and depress the market share of lower cost prescription drugs (each net of rebates and discounts); (B) how companies and payers assess the benefits, costs, and risks of contracting with intermediaries, including pharmacy services administrative organizations, and whether more information about the roles of intermediaries should be available to consumers and payers; and (C) whether there are any specific legal or regulatory obstacles the Commission currently faces in ensuring a competitive and transparent marketplace in the pharmaceutical supply chain, including the pharmacy benefit manager marketplace and pharmacy services administrative organizations; and (2) provides-- (A) observations or conclusions drawn from the November 2017 roundtable entitled ``Understanding Competition in Prescription Drug Markets: Entry and Supply Chain Dynamics'', and any similar efforts; (B) specific actions the Commission intends to take as a result of the November 2017 roundtable, and any similar efforts, including a detailed description of relevant forthcoming actions, additional research or roundtable discussions, consumer education efforts, or enforcement actions; and (C) policy or legislative recommendations to-- (i) improve transparency and competition in the pharmaceutical supply chain; (ii) prevent and deter anticompetitive behavior in the pharmaceutical supply chain; and (iii) best ensure that consumers benefit from any cost savings or efficiencies that may result from mergers and consolidations. (b) Interim Report.--Not later than 180 days after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress an interim report on the progress of the report required by subsection (a), along with preliminary findings and conclusions based on information collected to that date. (c) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Energy and Commerce of the House of Representatives; (B) the Committee on the Judiciary of the Senate; and (C) the Committee on the Judiciary of the House of Representatives. (2) Commission.--The term ``Commission'' means the Federal Trade Commission. SEC. 403. REQUIREMENT THAT DIRECT-TO-CONSUMER ADVERTISEMENTS FOR PRESCRIPTION DRUGS AND BIOLOGICAL PRODUCTS INCLUDE TRUTHFUL AND NON-MISLEADING PRICING INFORMATION. Part A of title XI of the Social Security Act is amended by adding at the end the following new section: ``SEC. 1150D. REQUIREMENT THAT DIRECT-TO-CONSUMER ADVERTISEMENTS FOR PRESCRIPTION DRUGS AND BIOLOGICAL PRODUCTS INCLUDE TRUTHFUL AND NON-MISLEADING PRICING INFORMATION. ``(a) In General.--The Secretary shall require that each direct-to- consumer advertisement for a prescription drug or biological product for which payment is available under title XVIII or XIX includes an appropriate disclosure of truthful and non-misleading pricing information with respect to the drug or product. ``(b) Determination by CMS.--The Secretary, acting through the Administrator of the Centers for Medicare & Medicaid Services, shall determine the components of the requirement under subsection (a), such as the forms of advertising, the manner of disclosure, the price point listing, and the price information for disclosure.''. SEC. 404. CHANGE CONDITIONS OF FIRST GENERIC EXCLUSIVITY TO SPUR ACCESS AND COMPETITION. Clause (iv) of section 505(j)(5)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B)) is amended-- (1) in subclause (I), after ``180 days after the date of the first commercial marketing of the drug (including the commercial marketing of the listed drug) by any first applicant'' by inserting ``or by an applicant whose application is approved pursuant to subclause (III)''; and (2) by adding at the end the following new subclause: ``(III) Applicant approval.--An application containing a certification described in paragraph (2)(A)(vii)(IV) that is for a drug for which a first applicant has submitted an application containing such a certification can be approved notwithstanding the eligibility of a first applicant for the 180-day exclusivity period described in subclause (II)(aa) if each of the following conditions is met: ``(aa) The approval of such an application could be made effective, but for the eligibility of a first applicant for 180-day exclusivity under this clause. ``(bb) At least 30 months have passed since the date of submission of an application for the drug by at least one first applicant. ``(cc) Approval of an application for the drug submitted by at least one first applicant is not precluded under clause (iii). ``(dd) No application for the drug submitted by any first applicant is approved at the time the conditions under items (aa), (bb), and (cc) are all met, regardless of whether such an application is subsequently approved.''. SEC. 405. ENDING THE PRACTICE PREVENTING MARKET COMPETITION KNOWN AS ``PAY-FOR-DELAY''. (a) Congressional Findings and Declaration of Purposes.-- (1) Findings.--Congress finds the following: (A) In 1984, the Drug Price Competition and Patent Term Restoration Act (Public Law 98-417) (referred to in this Act as the ``1984 Act''), was enacted with the intent of facilitating the early entry of generic drugs while preserving incentives for innovation. (B) Prescription drugs make up approximately 10 percent of the national health care spending. (C) Initially, the 1984 Act was successful in facilitating generic competition to the benefit of consumers and health care payers, although 88 percent of all prescriptions dispensed in the United States are generic drugs, they account for only 28 percent of all expenditures. (D) Generic drugs cost substantially less than brand name drugs, with discounts off the brand price averaging 80 to 85 percent. (E) Federal dollars currently account for over 40 percent of the $325,000,000,000 spent on retail prescription drugs, and this share is expected to rise to 47 percent by 2025. (F)(i) In recent years, the intent of the 1984 Act has been subverted by certain settlement agreements in which brand name companies transfer value to their potential generic competitors to settle claims that the generic company is infringing the branded company's patents. (ii) These ``reverse payment'' settlement agreements-- (I) allow a branded company to share its monopoly profits with the generic company as a way to protect the branded company's monopoly; and (II) have unduly delayed the marketing of low-cost generic drugs contrary to free competition, the interests of consumers, and the principles underlying antitrust law. (iii) Because of the price disparity between brand name and generic drugs, such agreements are more profitable for both the brand and generic manufacturers than competition and will become increasingly common unless prohibited. (iv) These agreements result in consumers losing the benefits that the 1984 Act was intended to provide. (G) In 2010, the Biologics Price Competition and Innovation Act (Public Law 111-148) (referred to in this Act as the ``BPCIA''), was enacted with the intent of facilitating the early entry of biosimilar and interchangeable follow-on versions of branded biological products while preserving incentives for innovation. (H) Biological drugs play an important role in treating many serious illnesses, from cancers to genetic disorders. They are also expensive, representing more than 40 percent of all prescription drug spending. (I) Competition from biosimilar and interchangeable biological products promises to lower drug costs and increase patient access to biological medicines. But ``reverse payment'' settlement agreements also threaten to delay the entry of biosimilar and interchangeable biological products, which would undermine the goals of BPCIA. (2) Purposes.--The purposes of this Act are-- (A) to enhance competition in the pharmaceutical market by stopping anticompetitive agreements between brand name and generic drug and biosimilar biological product manufacturers that limit, delay, or otherwise prevent competition from generic drugs and biosimilar biological products; and (B) to support the purpose and intent of antitrust law by prohibiting anticompetitive practices in the pharmaceutical industry that harm consumers. (b) Unlawful Compensation for Delay.-- (1) In general.--The Federal Trade Commission Act (15 U.S.C. 44 et seq.) is amended by inserting after section 26 (15 U.S.C. 57c-2) the following: ``SEC. 27. PRESERVING ACCESS TO AFFORDABLE GENERICS AND BIOSIMILARS. ``(a) In General.-- ``(1) Enforcement proceeding.--The Commission may initiate a proceeding to enforce the provisions of this section against the parties to any agreement resolving or settling, on a final or interim basis, a patent claim, in connection with the sale of a drug product or biological product. ``(2) Presumption and violation.-- ``(A) In general.--Subject to subparagraph (B), in such a proceeding, an agreement shall be presumed to have anticompetitive effects and shall be a violation of this section if-- ``(i) an ANDA filer or a biosimilar biological product application filer receives anything of value, including an exclusive license; and ``(ii) the ANDA filer or biosimilar biological product application filer agrees to limit or forgo research, development, manufacturing, marketing, or sales of the ANDA product or biosimilar biological product, as applicable, for any period of time. ``(B) Exception.--Subparagraph (A) shall not apply if the parties to such agreement demonstrate by clear and convincing evidence that-- ``(i) the value described in subparagraph (A)(i) is compensation solely for other goods or services that the ANDA filer or biosimilar biological product application filer has promised to provide; or ``(ii) the procompetitive benefits of the agreement outweigh the anticompetitive effects of the agreement. ``(b) Limitations.--In determining whether the settling parties have met their burden under subsection (a)(2)(B), the fact finder shall not presume-- ``(1) that entry would not have occurred until the expiration of the relevant patent or statutory exclusivity; or ``(2) that the agreement's provision for entry of the ANDA product or biosimilar biological product prior to the expiration of the relevant patent or statutory exclusivity means that the agreement is procompetitive. ``(c) Exclusions.--Nothing in this section shall prohibit a resolution or settlement of a patent infringement claim in which the consideration that the ANDA filer or biosimilar biological product application filer, respectively, receives as part of the resolution or settlement includes only one or more of the following: ``(1) The right to market and secure final approval in the United States for the ANDA product or biosimilar biological product at a date, whether certain or contingent, prior to the expiration of-- ``(A) any patent that is the basis for the patent infringement claim; or ``(B) any patent right or other statutory exclusivity that would prevent the marketing of such ANDA product or biosimilar biological product. ``(2) A payment for reasonable litigation expenses not to exceed-- ``(A) for calendar year 2021, $7,500,000; or ``(B) for calendar year 2022 and each subsequent calendar year, the amount determined for the preceding calendar year adjusted to reflect the percentage increase (if any) in the Producer Price Index for Legal Services published by the Bureau of Labor Statistics of the Department of Labor for the most recent calendar year. ``(3) A covenant not to sue on any claim that the ANDA product or biosimilar biological product infringes a United States patent. ``(d) Enforcement.-- ``(1) Enforcement.--A violation of this section shall be treated as an unfair method of competition under section 5(a)(1). ``(2) Judicial review.-- ``(A) In general.--Any party that is subject to a final order of the Commission, issued in an administrative adjudicative proceeding under the authority of subsection (a)(1), may, within 30 days of the issuance of such order, petition for review of such order in-- ``(i) the United States Court of Appeals for the District of Columbia Circuit; ``(ii) the United States Court of Appeals for the circuit in which the ultimate parent entity, as defined in section 801.1(a)(3) of title 16, Code of Federal Regulations, or any successor thereto, of the NDA holder or biological product license holder is incorporated as of the date that the NDA or biological product license application, as applicable, is filed with the Commissioner of Food and Drugs; or ``(iii) the United States Court of Appeals for the circuit in which the ultimate parent entity of the ANDA filer or biosimilar biological product application filer is incorporated as of the date that the ANDA or biosimilar biological product application is filed with the Commissioner of Food and Drugs. ``(B) Treatment of findings.--In a proceeding for judicial review of a final order of the Commission, the findings of the Commission as to the facts, if supported by evidence, shall be conclusive. ``(e) Antitrust Laws.--Nothing in this section shall modify, impair, limit, or supersede the applicability of the antitrust laws as defined in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), and of section 5 of this Act to the extent that section 5 applies to unfair methods of competition. Nothing in this section shall modify, impair, limit, or supersede the right of an ANDA filer or biosimilar biological product application filer to assert claims or counterclaims against any person, under the antitrust laws or other laws relating to unfair competition. ``(f) Penalties.-- ``(1) Forfeiture.--Each party that violates or assists in the violation of this section shall forfeit and pay to the United States a civil penalty sufficient to deter violations of this section, but in no event greater than 3 times the value received by the party that is reasonably attributable to the violation of this section. If no such value has been received by the NDA holder, the biological product license holder, the ANDA filer, or the biosimilar biological product application filer, the penalty to the NDA holder, the biological product license holder, the ANDA filer, or the biosimilar biological product application filer shall be sufficient to deter violations, but in no event shall be greater than 3 times the value given to an ANDA filer or biosimilar biological product application filer reasonably attributable to the violation of this section. Such penalty shall accrue to the United States and may be recovered in a civil action brought by the Commission, in its own name by any of its attorneys designated by it for such purpose, in a district court of the United States against any party that violates this section. In such actions, the United States district courts are empowered to grant mandatory injunctions and such other and further equitable relief as they deem appropriate. ``(2) Cease and desist.-- ``(A) In general.--If the Commission has issued a cease and desist order with respect to a party in an administrative adjudicative proceeding under the authority of subsection (a)(1), an action brought pursuant to paragraph (1) may be commenced against such party at any time before the expiration of 1 year after such order becomes final pursuant to section 5(g). ``(B) Exception.--In an action under subparagraph (A), the findings of the Commission as to the material facts in the administrative adjudicative proceeding with respect to the violation of this section by a party shall be conclusive unless-- ``(i) the terms of such cease and desist order expressly provide that the Commission's findings shall not be conclusive; or ``(ii) the order became final by reason of section 5(g)(1), in which case such finding shall be conclusive if supported by evidence. ``(3) Civil penalty.--In determining the amount of the civil penalty described in this section, the court shall take into account-- ``(A) the nature, circumstances, extent, and gravity of the violation; ``(B) with respect to the violator, the degree of culpability, any history of violations, the ability to pay, any effect on the ability to continue doing business, profits earned by the NDA holder, the biological product license holder, the ANDA filer, or the biosimilar biological product application filer, compensation received by the ANDA filer or biosimilar biological product application filer, and the amount of commerce affected; and ``(C) other matters that justice requires. ``(4) Remedies in addition.--Remedies provided in this subsection are in addition to, and not in lieu of, any other remedy provided by Federal law. Nothing in this paragraph shall be construed to affect any authority of the Commission under any other provision of law. ``(g) Definitions.--In this section: ``(1) Agreement.--The term `agreement' means anything that would constitute an agreement under section 1 of the Sherman Act (15 U.S.C. 1) or section 5 of this Act. ``(2) Agreement resolving or settling a patent infringement claim.--The term `agreement resolving or settling a patent infringement claim' includes any agreement that is entered into within 30 days of the resolution or the settlement of the claim, or any other agreement that is contingent upon, provides a contingent condition for, or is otherwise related to the resolution or settlement of the claim. ``(3) ANDA.--The term `ANDA' means an abbreviated new drug application filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) or a new drug application filed under section 505(b)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(2)). ``(4) ANDA filer.--The term `ANDA filer' means a party that owns or controls an ANDA filed with the Food and Drug Administration or has the exclusive rights under such ANDA to distribute the ANDA product. ``(5) ANDA product.--The term `ANDA product' means the product to be manufactured under the ANDA that is the subject of the patent infringement claim. ``(6) Biological product.--The term `biological product' has the meaning given such term in section 351(i)(1) of the Public Health Service Act (42 U.S.C. 262(i)(1)). ``(7) Biological product license application.--The term `biological product license application' means an application under section 351(a) of the Public Health Service Act (42 U.S.C. 262(a)). ``(8) Biological product license holder.--The term `biological product license holder' means-- ``(A) the holder of an approved biological product license application for a biological product; ``(B) a person owning or controlling enforcement of any patents that claim the biological product that is the subject of such approved application; or ``(C) the predecessors, subsidiaries, divisions, groups, and affiliates controlled by, controlling, or under common control with any of the entities described in subparagraphs (A) and (B) (such control to be presumed by direct or indirect share ownership of 50 percent or greater), as well as the licensees, licensors, successors, and assigns of each of the entities. ``(9) Biosimilar biological product.--The term `biosimilar biological product' means the product to be manufactured under the biosimilar biological product application that is the subject of the patent infringement claim. ``(10) Biosimilar biological product application.--The term `biosimilar biological product application' means an application under section 351(k) of the Public Health Service Act (42 U.S.C. 262(k)) for licensure of a biological product as biosimilar to, or interchangeable with, a reference product. ``(11) Biosimilar biological product application filer.-- The term `biosimilar biological product application filer' means a party that owns or controls a biosimilar biological product application filed with the Food and Drug Administration or has the exclusive rights under such application to distribute the biosimilar biological product. ``(12) Drug product.--The term `drug product' has the meaning given such term in section 314.3(b) of title 21, Code of Federal Regulations (or any successor regulation). ``(13) Market.--The term `market' means the promotion, offering for sale, selling, or distribution of a drug product. ``(14) NDA.--The term `NDA' means a new drug application filed under section 505(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)). ``(15) NDA holder.--The term `NDA holder' means-- ``(A) the holder of an approved NDA application for a drug product; ``(B) a person owning or controlling enforcement of the patent listed in the Approved Drug Products With Therapeutic Equivalence Evaluations (commonly known as the `FDA Orange Book') in connection with the NDA; or ``(C) the predecessors, subsidiaries, divisions, groups, and affiliates controlled by, controlling, or under common control with any of the entities described in subparagraphs (A) and (B) (such control to be presumed by direct or indirect share ownership of 50 percent or greater), as well as the licensees, licensors, successors, and assigns of each of the entities. ``(16) Party.--The term `party' means any person, partnership, corporation, or other legal entity. ``(17) Patent infringement.--The term `patent infringement' means infringement of any patent or of any filed patent application, including any extension, reissue, renewal, division, continuation, continuation in part, reexamination, patent term restoration, patents of addition, and extensions thereof. ``(18) Patent infringement claim.--The term `patent infringement claim' means any allegation made to an ANDA filer or biosimilar biological product application filer, whether or not included in a complaint filed with a court of law, that its ANDA or ANDA product, or biosimilar biological product license application or biosimilar biological product, may infringe any patent held by, or exclusively licensed to, the NDA holder, biological product license holder, ANDA filer, or biosimilar biological product application filer of the drug product or biological product, as applicable. ``(19) Statutory exclusivity.--The term `statutory exclusivity' means those prohibitions on the approval of drug applications under clauses (ii) through (iv) of section 505(c)(3)(E) (5- and 3-year data exclusivity), section 527 (orphan drug exclusivity), or section 505A (pediatric exclusivity) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(c)(3)(E), 360cc, 355a), or on the licensing of biological product applications under section 351(k)(7) (12- year exclusivity) or paragraph (2) or (3) of section 351(m) (pediatric exclusivity) of the Public Health Service Act (42 U.S.C. 262) or under section 527 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360cc) (orphan drug exclusivity).''. (2) Effective date.--Section 27 of the Federal Trade Commission Act, as added by this section, shall apply to all agreements described in section 27(a)(1) of that Act entered into on or after the date of enactment of this Act. (c) Certification of Agreements.-- (1) Notice of all agreements.--Section 1111(7) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (21 U.S.C. 355 note) is amended by inserting ``, or the owner of a patent for which a claim of infringement could reasonably be asserted against any person for making, using, offering to sell, selling, or importing into the United States a biological product that is the subject of a biosimilar biological product application'' before the period at the end. (2) Certification of agreements.--Section 1112 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (21 U.S.C. 355 note) is amended by adding at the end the following: ``(d) Certification.--The Chief Executive Officer or the company official responsible for negotiating any agreement under subsection (a) or (b) that is required to be filed under subsection (c), within 30 days after such filing, shall execute and file with the Assistant Attorney General and the Commission a certification as follows: `I declare that the following is true, correct, and complete to the best of my knowledge: The materials filed with the Federal Trade Commission and the Department of Justice under section 1112 of subtitle B of title XI of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, with respect to the agreement referenced in this certification-- ```(1) represent the complete, final, and exclusive agreement between the parties; ```(2) include any ancillary agreements that are contingent upon, provide a contingent condition for, or are otherwise related to, the referenced agreement; and ```(3) include written descriptions of any oral agreements, representations, commitments, or promises between the parties that are responsive to subsection (a) or (b) of such section 1112 and have not been reduced to writing.'.''. (d) Notification of Agreements.--Section 1112 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (21 U.S.C. 355 note), as amended by section 4(b), is further amended by adding at the end the following: ``(e) Rule of Construction.-- ``(1) In general.--An agreement that is required under subsection (a) or (b) shall include agreements resolving any outstanding disputes, including agreements resolving or settling a Patent Trial and Appeal Board proceeding. ``(2) Definition.--For purposes of subparagraph (A), the term `Patent Trial and Appeal Board proceeding' means a proceeding conducted by the Patent Trial and Appeal Board of the United States Patent and Trademark Office, including an inter partes review instituted under chapter 31 of title 35, United States Code, a post-grant review instituted under chapter 32 of that title (including a proceeding instituted pursuant to the transitional program for covered business method patents, as described in section 18 of the Leahy-Smith America Invents Act (35 U.S.C. 321 note)), and a derivation proceeding instituted under section 135 of that title.''. (e) Forfeiture of 180-Day Exclusivity Period.--Section 505(j)(5)(D)(i)(V) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(D)(i)(V)) is amended by inserting ``section 27 of the Federal Trade Commission Act or'' after ``that the agreement has violated''. (f) Commission Litigation Authority.--Section 16(a)(2) of the Federal Trade Commission Act (15 U.S.C. 56(a)(2)) is amended-- (1) in subparagraph (D), by striking ``or'' after the semicolon; (2) in subparagraph (E), by inserting ``or'' after the semicolon; and (3) inserting after subparagraph (E) the following: ``(F) under section 27,''. (g) Report on Additional Exclusion.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Federal Trade Commission shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a recommendation, and the Commission's basis for such recommendation, regarding a potential amendment to include in section 27(c) of the Federal Trade Commission Act (as added by section 3 of this Act) an additional exclusion for consideration granted by an NDA holder to a ANDA filer or by a biological product license holder to a biosimilar biological product application filer as part of the resolution or settlement, a release, waiver, or limitation of a claim for damages or other monetary relief. (2) Definitions.--In this section, the terms ``ANDA filer'', ``biological product license holder'', ``biosimilar biological product application filer'', and ``NDA holder'' have the meanings given such terms in section 27(g) of the Federal Trade Commission Act (as added by section 3 of this Act). (h) Statute of Limitations.--The Federal Trade Commission shall commence any enforcement proceeding described in section 27 of the Federal Trade Commission Act, as added by section 3, except for an action described in section 27(f)(2) of the Federal Trade Commission Act, not later than 6 years after the date on which the parties to the agreement file the certification under section 1112(d) of the Medicare Prescription Drug Improvement and Modernization Act of 2003 (21 U.S.C. 355 note). (i) Severability.--If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such Act or amendments to any person or circumstance shall not be affected. SEC. 406. EMPOWERING THE FTC TO PREVENT ``PRODUCT HOPPING''. (a) In General.--The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is amended by inserting after section 26 (15 U.S.C. 57c-2) the following: ``SEC. 27. PRODUCT HOPPING. ``(a) Definitions.--In this section: ``(1) Abbreviated new drug application.--The term `abbreviated new drug application' means an application under subsection (b)(2) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355). ``(2) Biosimilar biological product.--The term `biosimilar biological product' means a biological product licensed under section 351(k) of the Public Health Service Act (42 U.S.C. 262(k)). ``(3) Biosimilar biological product license application.-- The term `biosimilar biological product license application' means an application submitted under section 351(k) of the Public Health Service Act (42 U.S.C. 262(k)). ``(4) Follow-on product.--The term `follow-on product'-- ``(A) means a drug approved through an application or supplement to an application submitted under section 505(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)) or a biological product licensed through an application or supplement to an application submitted under section 351(a) of the Public Health Service Act (42 U.S.C. 262(a)) for a change, modification, or reformulation to the same manufacturer's previously approved drug or biological product that treats the same medical condition; and ``(B) excludes such an application or supplement to an application for a change, modification, or reformulation of a drug or biological product that is requested by the Secretary or necessary to comply with law, including sections 505A and 505B of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355a, 355c). ``(5) Generic drug.--The term `generic drug' means a drug approved under an application submitted under subsection (b)(2) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355). ``(6) Listed drug.--The term `listed drug' means a drug listed under section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)). ``(7) Manufacturer.--The term `manufacturer' means the holder, licensee, or assignee of-- ``(A) an approved application for a drug under section 505(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(c)); or ``(B) a biological product license under section 351(a) of the Public Health Service Act (42 U.S.C. 262(a)). ``(8) Reference product.--The term `reference product' has the meaning given the term in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)). ``(9) Ultimate parent entity.--The term `ultimate parent entity' has the meaning given the term in section 801.1 of title 16, Code of Federal Regulations, or any successor regulation. ``(b) Prohibition on Product Hopping.-- ``(1) Prima facie.--Except as provided in paragraph (2), a manufacturer of a reference product or listed drug shall be considered to have engaged in an unfair method of competition in or affecting commerce in violation of section 5(a) if the Commission demonstrates by a preponderance of the evidence in a proceeding initiated by the Commission under subsection (c)(1)(A), or in a suit brought under subparagraph (B) or (C) of subsection (c)(1), that, during the period beginning on the date on which the manufacturer of the reference product or listed drug first receives notice that an applicant has submitted to the Commissioner of Food and Drugs an abbreviated new drug application or biosimilar biological product license application and ending on the date that is 180 days after the date on which that generic drug or biosimilar biological product is first marketed, the manufacturer engaged in either of the following actions: ``(A) The manufacturer engaged in a hard switch, which shall be established by demonstrating that the manufacturer engaged in either of the following actions: ``(i) Upon the request of the manufacturer of the listed drug or reference product, the Commissioner of Food and Drugs withdrew the approval of the application for the listed drug or reference product or placed the listed drug or reference product on the discontinued products list and the manufacturer marketed or sold a follow-on product. ``(ii) The manufacturer of the listed drug or reference product-- ``(I)(aa) announced withdrawal of, discontinuance of the manufacture of, or intent to withdraw the application with respect to the drug or reference product in a manner that impedes competition from a generic drug or a biosimilar biological product, as established by objective circumstances; or ``(bb) destroyed the inventory of the listed drug or reference product in a manner that impedes competition from a generic drug or a biosimilar biological product, which may be established by objective circumstances; and ``(II) marketed or sold a follow-on product. ``(B) The manufacturer engaged in a soft switch, which shall be established by demonstrating that the manufacturer engaged in both of the following actions: ``(i) The manufacturer took actions with respect to the listed drug or reference product other than those described in subparagraph (A) that unfairly disadvantage the listed drug or reference product relative to the follow-on product described in clause (ii) in a manner that impedes competition from a generic drug or a biosimilar biological product that is highly similar to, and has no clinically meaningful difference with respect to safety, purity, and potency from, the reference product, which may be established by objective circumstances. ``(ii) The manufacturer marketed or sold a follow-on product. ``(2) Justification.-- ``(A) In general.--Subject to paragraph (3), the actions described in paragraph (1) by a manufacturer of a listed drug or reference product shall not be considered to be an unfair method of competition in or affecting commerce if-- ``(i) the manufacturer demonstrates to the Commission or a district court of the United States, as applicable, by a preponderance of the evidence in a proceeding initiated by the Commission under subsection (c)(1)(A), or in a suit brought under subparagraph (B) or (C) of subsection (c)(1), that-- ``(I) the manufacturer would have taken the actions regardless of whether a generic drug that references the listed drug or biosimilar biological product that references the reference product had already entered the market; and ``(II)(aa) with respect to a hard switch under paragraph (1)(A), the manufacturer took the action for reasons relating to the safety risk to patients of the listed drug or reference product; ``(bb) with respect to an action described in item (aa) or (bb) of paragraph (1)(A)(ii)(I), there is a supply disruption that-- ``(AA) is outside of the control of the manufacturer; ``(BB) prevents the production or distribution of the applicable listed drug or reference product; and ``(CC) cannot be remedied by reasonable efforts; or ``(cc) with respect to a soft switch under paragraph (1)(B), the manufacturer had legitimate pro- competitive reasons, apart from the financial effects of reduced competition, to take the action. ``(B) Rule of construction.--Nothing in subparagraph (A) may be construed to limit the information that the Commission may otherwise obtain in any proceeding or action instituted with respect to a violation of this section. ``(3) Response.--With respect to a justification offered by a manufacturer under paragraph (2), the Commission may-- ``(A) rebut any evidence presented by a manufacturer during that justification; or ``(B) establish by a preponderance of the evidence that, on balance, the pro-competitive benefits from the conduct described in subparagraph (A) or (B) of paragraph (1), as applicable, do not outweigh any anticompetitive effects of the conduct, even in consideration of the justification so offered. ``(c) Enforcement.-- ``(1) In general.--If the Commission has reason to believe that any manufacturer has violated, is violating, or is about to violate this section, the Commission may take any of the following actions: ``(A) Institute a proceeding-- ``(i) that, except as provided in paragraph (2), complies with the requirements under section 5(b); and ``(ii) in which the Commission may impose on the manufacturer any penalty that the Commission may impose for a violation of section 5. ``(B) In the same manner and to the same extent as provided in section 13(b), bring suit in a district court of the United States to temporarily enjoin the action of the manufacturer. ``(C) Bring suit in a district court of the United States, in which the Commission may seek-- ``(i) to permanently enjoin the action of the manufacturer; ``(ii) any of the remedies described in paragraph (3); and ``(iii) any other equitable remedy, including ancillary equitable relief. ``(2) Judicial review.-- ``(A) In general.--Notwithstanding any provision of section 5, any manufacturer that is subject to a final order of the Commission that is issued in a proceeding instituted under paragraph (1)(A) may, not later than 30 days after the date on which the Commission issues the order, petition for review of the order in-- ``(i) the United States Court of Appeals for the District of Columbia Circuit; or ``(ii) the court of appeals of the United States for the circuit in which the ultimate parent entity of the manufacturer is incorporated. ``(B) Treatment of findings.--In a review of an order issued by the Commission conducted by a court of appeals of the United States under subparagraph (A), the factual findings of the Commission shall be conclusive if those facts are supported by the evidence. ``(3) Equitable remedies.-- ``(A) Disgorgement.-- ``(i) In general.--In a suit brought under paragraph (1)(C), the Commission may seek, and the court may order, disgorgement of any unjust enrichment that a person obtained as a result of the violation that gives rise to the suit. ``(ii) Calculation.--Any disgorgement that is ordered with respect to a person under clause (i) shall be offset by any amount of restitution ordered under subparagraph (B). ``(iii) Limitations period.--The Commission may seek disgorgement under this subparagraph not later than 5 years after the latest date on which the person from which the disgorgement is sought receives any unjust enrichment from the effects of the violation that gives rise to the suit in which the Commission seeks the disgorgement. ``(B) Restitution.-- ``(i) In general.--In a suit brought under paragraph (1)(C), the Commission may seek, and the court may order, restitution with respect to the violation that gives rise to the suit. ``(ii) Limitations period.--The Commission may seek restitution under this subparagraph not later than 5 years after the latest date on which the person from which the restitution is sought receives any unjust enrichment from the effects of the violation that gives rise to the suit in which the Commission seeks the restitution. ``(4) Rules of construction.--Nothing in this subsection may be construed as-- ``(A) requiring the Commission to bring a suit seeking a temporary injunction under paragraph (1)(B) before bringing a suit seeking a permanent injunction under paragraph (1)(C); or ``(B) affecting any other authority of the Commission under this Act to seek relief or obtain a remedy with respect to a violation of this Act.''. (b) Applicability.--Section 27 of the Federal Trade Commission Act, as added by subsection (a), shall apply with respect to any-- (1) conduct that occurs on or after the date of enactment of this Act; and (2) action or proceeding that is commenced on or after the date of enactment of this Act. (c) Antitrust Laws.--Nothing in this section, or the amendments made by this section, shall modify, impair, limit, or supersede the applicability of the antitrust laws as defined in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), and of section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that it applies to unfair methods of competition. (d) Rulemaking.--The Federal Trade Commission may issue rules under section 553 of title 5, United States Code, to carry out section 27 of the Federal Trade Commission Act, as added by subsection (a), including by defining any terms used in such section 27 (other than terms that are defined in subsection (a) of such section 27). SEC. 407. PROMOTING COMPETITION BY LIMITING PATENT THICKETS. (a) In General.--Section 271(e) of title 35, United States Code, is amended-- (1) in paragraph (2)(C), in the flush text following clause (ii), by adding at the end the following: ``With respect to a submission described in clause (ii), the act of infringement shall extend to any patent that claims the biological product, a method of using the biological product, or a method or product used to manufacture the biological product.''; and (2) by adding at the end the following: ``(7)(A) Subject to subparagraphs (C), (D), and (E), if the sponsor of an approved application for a reference product, as defined in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)) (referred to in this paragraph as the `reference product sponsor'), brings an action for infringement under this section against an applicant for approval of a biological product under section 351(k) of such Act that references that reference product (referred to in this paragraph as the `subsection (k) applicant'), the reference product sponsor may assert in the action a total of not more than 20 patents of the type described in subparagraph (B), not more than 10 of which shall have issued after the date specified in section 351(l)(7)(A) of such Act. ``(B) The patents described in this subparagraph are patents that satisfy each of the following requirements: ``(i) Patents that claim the biological product that is the subject of an application under section 351(k) of the Public Health Service Act (42 U.S.C. 262(k)) (or a use of that product) or a method or product used in the manufacture of such biological product. ``(ii) Patents that are included on the list of patents described in section 351(l)(3)(A) of the Public Health Service Act (42 U.S.C. 262(l)(3)(A)), including as provided under section 351(l)(7) of such Act. ``(iii) Patents that-- ``(I) have an actual filing date of more than 4 years after the date on which the reference product is approved; or ``(II) include a claim to a method in a manufacturing process that is not used by the reference product sponsor. ``(C) The court in which an action described in subparagraph (A) is brought may increase the number of patents limited under that subparagraph-- ``(i) if the request to increase that number is made without undue delay; and ``(ii)(I) if the interest of justice so requires; or ``(II) for good cause shown, which-- ``(aa) shall be established if the subsection (k) applicant fails to provide information required under section 351(l)(2)(A) of the Public Health Service Act (42 U.S.C. 262(l)(2)(A)) that would enable the reference product sponsor to form a reasonable belief with respect to whether a claim of infringement under this section could reasonably be asserted; and ``(bb) may be established-- ``(AA) if there is a material change to the biological product (or process with respect to the biological product) of the subsection (k) applicant that is the subject of the application; ``(BB) if, with respect to a patent on the supplemental list described in section 351(l)(7)(A) of Public Health Service Act (42 U.S.C. 262(l)(7)(A)), the patent would have issued before the date specified in such section 351(l)(7)(A) but for the failure of the Office to issue the patent or a delay in the issuance of the patent, as described in paragraph (1) of section 154(b) and subject to the limitations under paragraph (2) of such section 154(b); or ``(CC) for another reason that shows good cause, as determined appropriate by the court. ``(D) In determining whether good cause has been shown for the purposes of subparagraph (C)(ii)(II), a court may consider whether the reference product sponsor has provided a reasonable description of the identity and relevance of any information beyond the subsection (k) application that the court believes is necessary to enable the court to form a belief with respect to whether a claim of infringement under this section could reasonably be asserted. ``(E) The limitation imposed under subparagraph (A)-- ``(i) shall apply only if the subsection (k) applicant completes all actions required under paragraphs (2)(A), (3)(B)(ii), (5), (6)(C)(i), (7), and (8)(A) of section 351(l) of the Public Health Service Act (42 U.S.C. 262(l)); and ``(ii) shall not apply with respect to any patent that claims, with respect to a biological product, a method for using that product in therapy, diagnosis, or prophylaxis, such as an indication or method of treatment or other condition of use.''. (b) Applicability.--The amendments made by subsection (a) shall apply with respect to an application submitted under section 351(k) of the Public Health Service Act (42 U.S.C. 262(k)) on or after the date of enactment of this Act. TITLE V--BENEFICIARY COST SHARING FAIRNESS SEC. 501. REPEALING OF RULE BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES. The final rule of the Department of Health and Human Services titled ``Fraud And Abuse; Removal of Safe Harbor Protection for Rebates Involving Prescription Pharmaceuticals And Creation of New Safe Harbor Protection for Certain Point-of-Sale Reductions in Price on Prescription Pharmaceuticals and Certain Pharmacy Benefit Manager Service Fees; Additional Delayed Effective Date'' published on November 30, 2020 (85 Fed. Reg. 76666-76731), shall have no force or effect of law. SEC. 502. DEFINING COST UNDER PRESCRIPTION DRUG PLANS UNDER PART D OF MEDICARE. Section 1860D-2(b)(2)(A) of the Social Security Act (42 U.S.C. 1395w-102(b)(2)(A)) is amended-- (1) in clause (i), by inserting ``of the net costs to the plan, inclusive of all direct and indirect remuneration, including rebates paid by manufacturers to the plan sponsor, either directly or through a pharmacy benefit manager or other third party'' before the semicolon; and (2) in clause (ii), by inserting ``net'' before ``costs''. <all>

Reduced Costs and Continued Cures Act

To amend titles XI, XVIII, and XIX of the Social Security Act to lower prescription drug prices in the Medicare and Medicaid programs, to improve transparency related to pharmaceutical prices and transactions, to lower patients' out-of-pocket costs, and to ensure accountability to taxpayers, and for other purposes.

Reduced Costs and Continued Cures Act

Rep. Peters, Scott H.

D

CA

S.2218

Foreign Trade and International Finance

Trade Adjustment Assistance For Workers Reauthorization Act of 2021 This bill reauthorizes through FY2028 and otherwise revises the Trade Adjustment Assistance Program, including by expanding program eligibility to additional workers and authorizing the Department of Labor to reimburse workers for certain out-of-pocket training expenses. The bill also permanently extends the tax credit for health insurance costs and increases the percentage of such credit.

To expand the trade adjustment assistance for workers 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; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Trade Adjustment Assistance For Workers Reauthorization Act of 2021''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--TRADE ADJUSTMENT ASSISTANCE PROGRAM Subtitle A--Petitions and Determinations Sec. 101. Filing petitions. Sec. 102. Group eligibility requirements. Sec. 103. Eligibility of staffed workers and teleworkers. Sec. 104. Application of determinations of eligibility to workers employed by successors-in-interest. Sec. 105. Notifications to political subdivisions of certain certifications. Sec. 106. Pilot program for expanded eligibility. Sec. 107. Provision of benefit information to workers. Subtitle B--Program Benefits Sec. 111. Modification of qualifying requirements for workers. Sec. 112. Modifications to trade readjustment allowances. Sec. 113. Automatic extension of trade readjustment allowances. Sec. 114. Employment and case management services. Sec. 115. Training for workers. Subtitle C--Other Matters Sec. 121. Agreements with States. Sec. 122. Eligibility criteria for reemployment trade adjustment assistance. Sec. 123. Subpoena power. Sec. 124. Data collection with respect to training. Subtitle D--General Provisions Sec. 131. Extension of trade adjustment assistance program. Sec. 132. Applicability of trade adjustment assistance provisions. Sec. 133. Sense of Congress. TITLE II--AMENDMENTS TO WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT Sec. 201. Worker Adjustment and Retraining Notification Act. TITLE III--HEALTH CARE TAX CREDIT Sec. 301. Permanent credit for health insurance costs. TITLE I--TRADE ADJUSTMENT ASSISTANCE PROGRAM Subtitle A--Petitions and Determinations SEC. 101. FILING PETITIONS. Section 221(a)(1) of the Trade Act of 1974 (19 U.S.C. 2271(a)(1)) is amended-- (1) by amending subparagraph (A) to read as follows: ``(A) One or more workers in the group of workers.''; and (2) in subparagraph (C)-- (A) by striking ``or a State dislocated worker unit'' and inserting ``a State dislocated worker unit''; and (B) by adding at the end before the period the following: ``, or workforce intermediaries, including labor-management organizations that carry out re- employment and training services''. SEC. 102. GROUP ELIGIBILITY REQUIREMENTS. (a) In General.--Section 222(a)(2) of the Trade Act of 1974 (19 U.S.C. 2272(a)(2)) is amended-- (1) in subparagraph (A)-- (A) in clause (i), by inserting ``or failed to increase'' after ``absolutely''; and (B) in clause (iii)-- (i) by striking ``to the decline'' and inserting ``to any decline or absence of increase''; and (ii) by striking ``or'' at the end; (2) in subparagraph (B)(ii), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(C)(i) the sales or production, or both, of such firm have decreased; ``(ii)(I) exports of articles produced or services supplied by such workers' firm have decreased; or ``(II) imports of articles or services necessary for the production of articles or services supplied by such firm have decreased; and ``(iii) the decrease in exports or imports described in clause (ii) contributed to such workers' separation or threat of separation and to the decline in the sales or production of such firm.''. (b) Repeal.--Section 222 of the Trade Act of 1974 (19 U.S.C. 2272) is amended-- (1) in subsections (a) and (b), by striking ``importantly'' each place it appears; and (2) in subsection (c)-- (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively. SEC. 103. ELIGIBILITY OF STAFFED WORKERS AND TELEWORKERS. Section 222 of the Trade Act of 1974 (19 U.S.C. 2272) is amended by adding at the end the following: ``(f) Treatment of Staffed Workers and Teleworkers.-- ``(1) In general.--For purposes of subsection (a), workers in a firm include staffed workers and teleworkers. ``(2) Definitions.--In this subsection: ``(A) Staffed worker.--The term `staffed worker' means a worker who performs work under the operational control of a firm that is the subject of a petition filed under section 221, even if the worker is directly employed by another firm. ``(B) Teleworker.--The term `teleworker' means a worker who works remotely but who reports to the location listed for a firm in a petition filed under section 221.''. SEC. 104. APPLICATION OF DETERMINATIONS OF ELIGIBILITY TO WORKERS EMPLOYED BY SUCCESSORS-IN-INTEREST. Section 223 of the Trade Act of 1974 (19 U.S.C. 2273) is further amended by adding at the end the following: ``(f) Treatment of Workers of Successors-in-Interest.--If the Secretary certifies a group of workers of a firm as eligible to apply for adjustment assistance under this chapter, a worker of a successor- in-interest to that firm shall be covered by the certification to the same extent as a worker of that firm.''. SEC. 105. NOTIFICATIONS TO POLITICAL SUBDIVISIONS OF CERTAIN CERTIFICATIONS. Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), as amended by section 104, is further amended by adding at the end the following: ``(g) Notifications to Political Subdivisions of Certain Certifications.-- ``(1) Notification to secretary of commerce.--Upon issuing a certification or certifications of eligibility under subsection (a) pursuant to one or more petitions filed under section 221 covering more than 1,000 workers within a political subdivision during a calendar year, the Secretary shall notify the Secretary of Commerce. ``(2) Notification to political subdivisions.--Upon receiving a notification under paragraph (1) with respect to a political subdivision, the Secretary of Commerce, acting through the Assistant Secretary of Commerce for Economic Development, shall-- ``(A) notify the political subdivision of economic assistance grants, loans, and other financial assistance available from the Economic Development Administration; and ``(B) if the political subdivision applies for any such assistance and meets the requirements for receiving the assistance, provide the political subdivision with priority for receiving that assistance.''. SEC. 106. PILOT PROGRAM FOR EXPANDED ELIGIBILITY. Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), as amended by section 105, is further amended by adding at the end the following: ``(h) Pilot Program for Expanded Eligibility.-- ``(1) In general.--The Secretary of Labor may establish a pilot program under which the Secretary may certify under subsection (a) as eligible to apply for adjustment assistance under this subchapter groups of workers who do not meet the eligibility requirements under section 222. ``(2) Requirement.--The Secretary may not provide to workers covered by a certification of eligibility under paragraph (1) benefits that are reduced relative to the benefits received by other workers under this subchapter. ``(3) Notification to congress.--Before implementing the pilot program under paragraph (1), the Secretary shall submit to Congress a report that includes-- ``(A) a detailed plan for the program; and ``(B) a justification for each requirement under section 222 to be waived under the program. ``(4) Termination.--The pilot program under paragraph (1) shall terminate at such time as the Secretary considers appropriate. ``(5) Report required.--Not later than 90 days after the termination under paragraph (4) of the pilot program under paragraph (1), the Secretary shall submit to Congress a report on the outcomes for the workers who participated in the program.''. SEC. 107. PROVISION OF BENEFIT INFORMATION TO WORKERS. Section 225 of the Trade Act of 1974 (19 U.S.C. 2275) is amended-- (1) in subsection (a), by inserting after the second sentence the following new sentence: ``The Secretary shall make every effort to provide such information and assistance to workers in their native language.''; and (2) in subsection (b)-- (A) by redesignating paragraph (2) as paragraph (3); (B) by inserting after paragraph (1) the following: ``(2) The Secretary shall provide a second notice to a worker described in paragraph (1) before the worker has exhausted all rights to any unemployment insurance to which the worker is entitled (other than additional compensation described in section 231(a)(3)(B) funded by a State and not reimbursed from Federal funds).''; (C) in paragraph (3), as redesignated by subparagraph (A), by inserting ``print or digital'' before ``newspapers''; and (D) by adding at the end the following: ``(4) For purposes of providing outreach regarding the benefits available under this chapter to workers covered by a certification made under this subchapter, the Secretary may take any necessary actions, including the following: ``(A) Collecting the email addresses and telephone numbers of such workers from the employers of such workers to provide outreach to such workers. ``(B) Partnering with the certified or recognized union, a community-based worker organization, or other duly authorized representatives of such workers. ``(C) Hiring peer support workers to perform outreach to other workers covered by that certification. ``(D) Using advertising methods and public information campaigns, including social media, in addition to notice published in print or digital newspapers under paragraph (3).''. Subtitle B--Program Benefits SEC. 111. MODIFICATION OF QUALIFYING REQUIREMENTS FOR WORKERS. (a) In General.--Section 231(a) of the Trade Act of 1974 (19 U.S.C. 2291(a)) is amended-- (1) by striking paragraph (2); (2) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively; and (3) in paragraph (4), as redesignated by paragraph (2), by striking ``paragraphs (1) and (2)'' each place it appears and inserting ``paragraph (1)''. (b) Conforming Amendments.-- (1) Weekly amounts.--Section 232 of the Trade Act of 1974 (19 U.S.C. 2292) is amended by striking ``section 231(a)(3)(B)'' each place it appears and inserting ``section 231(a)(2)(B)''. (2) Limitations.--Section 233(a) of the Trade Act of 1974 (19 U.S.C. 2293(a)) is amended-- (A) in paragraph (1), by striking ``section 231(a)(3)(A)'' and inserting ``section 231(a)(2)(A)''; and (B) in paragraph (2)-- (i) by striking ``adversely affected employment'' and all that follows through ``(A) within'' and inserting ``adversely affected employment within''; (ii) by striking ``, and'' and inserting a period; and (iii) by striking subparagraph (B). SEC. 112. MODIFICATIONS TO TRADE READJUSTMENT ALLOWANCES. (a) Payment To Complete Training.--Section 233 of the Trade Act of 1974 (19 U.S.C. 2293) is amended-- (1) in subsection (a)-- (A) in paragraph (2), by inserting after ``104-week period'' the following: ``(or, in the case of an adversely affected worker who requires a program of prerequisite education or remedial education (as described in section 236(a)(5)(D)) in order to complete training approved for the worker under section 236, the 130-week period)''; (B) in paragraph (3), by striking ``65 additional weeks in the 78-week period'' and inserting ``78 additional weeks in the 91-week period''; and (C) in the flush text, by striking ``78-week period'' and inserting ``91-week period''; and (2) by amending subsection (f) to read as follows: ``(f) Payment of Trade Readjustment Allowances To Complete Training.--Notwithstanding any other provision of this section, in order to assist an adversely affected worker to complete training approved for the worker under section 236 that includes a program of prerequisite education or remedial education (as described in section 236(a)(5)(D)), and in accordance with regulations prescribed by the Secretary, payments may be made as trade readjustment allowances for up to 26 additional weeks in the 26-week period that follows the last week of entitlement to trade readjustment allowances otherwise payable under this chapter.''. (b) Payment to Workers in On-the-Job Training, Customized Training, or Apprenticeship Programs.--Section 233(d) of the Trade Act of 1974 (19 U.S.C. 2293(d)) is amended to read as follows: ``(d) Payment to Workers in On-the-Job Training, Customized Training, or Apprenticeship Programs.-- ``(1) In general.--Except as provided in paragraph (2) and notwithstanding any other provision of this chapter, a trade readjustment allowance may be paid under this part to an adversely affected worker for any week during which the worker is receiving on-the-job training or customized training, or is participating in a registered apprenticeship program, under section 236. ``(2) Income limitation.--The Secretary shall reduce the amount of the trade readjustment allowance otherwise payable to a worker under paragraph (1) to ensure that the sum of the income of the worker from the on-the-job training, customized training, or apprenticeship program described in that paragraph and the trade readjustment allowance paid to the worker under that paragraph does not exceed $55,000 during a year. ``(3) Adjustment of income limitation for inflation.-- ``(A) In general.--The Secretary of Labor shall adjust the income limitation under paragraph (2) on October 1, 2021, and at the beginning of each fiscal year thereafter, to reflect the percentage (if any) of the increase in the average of the Consumer Price Index for the preceding 12-month period compared to the Consumer Price Index for fiscal year 2020. ``(B) Special rules for calculation of adjustment.--In making an adjustment under subparagraph (A), the Secretary-- ``(i) shall round the amount of any increase in the Consumer Price Index to the nearest dollar; and ``(ii) may ignore any such increase of less than 1 percent. ``(C) Consumer price index defined.--For purposes of this paragraph, the term `Consumer Price Index' means the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.''. SEC. 113. AUTOMATIC EXTENSION OF TRADE READJUSTMENT ALLOWANCES. (a) In General.--Part I of subchapter B of chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2291 et seq.) is amended by inserting after section 233 the following new section: ``SEC. 233A. AUTOMATIC EXTENSION OF TRADE READJUSTMENT ALLOWANCES. ``(a) In General.--Notwithstanding the limitations under section 233(a), the Secretary shall extend the period during which trade readjustment allowances are payable to an adversely affected worker who completes training approved under section 236 by the Secretary during a period of heightened unemployment with respect to the State in which the worker seeks benefits, for the shorter of-- ``(1) the 26-week period beginning on the date of completion of such training; or ``(2) the period ending on the date on which the adversely affected worker secures employment. ``(b) Job Search Required.--A worker shall be eligible for an extension under subsection (a) only if the worker is complying with the job search requirements associated with unemployment insurance in the applicable State. ``(c) Period of Heightened Unemployment Defined.--In this section, the term `period of heightened unemployment' with respect to a State means a 90-day period during which, in the determination of the Secretary, either of the following average rates equals or exceeds 5.5 percent: ``(1) The average rate of total unemployment in the State (seasonally adjusted) for the period consisting of the most recent 90 days for which data for all States are published before the close of such period. ``(2) The average rate of total unemployment in all States (seasonally adjusted) for the period consisting of the most recent 90 days for which data for all States are published before the close of such period.''. (b) Clerical Amendment.--The table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 233 the following: ``Sec. 233A. Automatic extension of trade readjustment allowances.''. SEC. 114. EMPLOYMENT AND CASE MANAGEMENT SERVICES. Section 235 of the Trade Act of 1974 (19 U.S.C. 2295) is amended-- (1) in paragraph (3)-- (A) by inserting after ``regional areas'' the following: ``(including information about registered apprenticeship programs, on-the-job training opportunities, and other work-based learning opportunities)''; and (B) by inserting after ``suitable training'' the following: ``, information regarding the track record of a training provider's ability to successfully place participants into suitable employment''; (2) by redesignating paragraph (8) as paragraph (9); and (3) by inserting after paragraph (7) the following: ``(8) Information related to direct job placement, including facilitating the extent to which employers within the community commit to employing workers who would benefit from the employment and case management services under this section.''. SEC. 115. TRAINING FOR WORKERS. Section 236 of the Trade Act of 1974 (19 U.S.C. 2296) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by striking subparagraph (A); (ii) by redesignating subparagraphs (B) through (F) as subparagraphs (A) through (E), respectively; and (iii) in subparagraph (C), as redesignated by clause (ii), by inserting ``, with a demonstrated ability to place participants into employment'' before the comma at the end; (B) in paragraph (2)(A)-- (i) by striking ``shall not exceed $450,000,000'' and inserting the following: ``shall not exceed-- ``(i) $450,000,000''; (ii) by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(ii) $1,000,000,000 for each of fiscal years 2022 through 2028.''; (C) by striking paragraph (3); (D) by redesignating paragraphs (4) through (11) as paragraphs (3) through (10), respectively; (E) in subparagraph (E) of paragraph (4), as redesignated by subparagraph (D), by inserting ``, including a pre-apprenticeship program,'' after ``coursework''; (F) in subparagraph (B) of paragraph (8), as so redesignated-- (i) in clause (i), by striking ``paragraph (1)(E)'' and inserting ``paragraph (1)(D)''; and (ii) in clause (ii), by striking ``paragraph (1)(F)'' and inserting ``paragraph (1)(E)''; and (G) in paragraph (9), as so redesignated-- (i) in subparagraph (A), by striking ``paragraph (5)(A)(i)'' and inserting ``paragraph (4)(A)(i)''; and (ii) in subparagraph (B), by striking ``paragraph (5)(A)(ii)'' and inserting ``paragraph (4)(A)(ii)''; (2) in subsection (c)(3)(B), by striking ``, but may not exceed 104 weeks in any case''; (3) by striking subsection (e); (4) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively; and (5) by adding at the end the following: ``(g) Reimbursement for Out-of-Pocket Training Expenses.--If the Secretary approves training for a worker under paragraph (1) of subsection (a), the Secretary may reimburse the worker for out-of- pocket expenses relating to training programs described in paragraph (4) of that subsection that were incurred by the worker on and after the date of the worker's total or partial separation and before the date on which the certification of eligibility under section 222 that covers the worker is issued. ``(h) Pre-Apprenticeship Defined.--For purposes of subsection (a)(4)(D), the term `pre-apprenticeship', with respect to a program, means an initiative or set of strategies that is designed to prepare individuals to enter and succeed in 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.).''. Subtitle C--Other Matters SEC. 121. AGREEMENTS WITH STATES. (a) Coordination.--Section 239(f) of the Trade Act of 1974 (19 U.S.C. 2311(f)) is amended-- (1) by striking ``(f) Any agreement'' and inserting the following: ``(f)(1) Any agreement''; and (2) by adding at the end the following: ``(2) Each cooperating State agency shall arrange for training programs to be carried out by entities that-- ``(A) have a proven track record in achieving a satisfactory rate of completion and placement in jobs that provides a living wage, basic benefits that increase economic security, and develop the skills, networks, and experiences necessary to advance along a career path; ``(B) work to assist workers from underserved communities to establish a work history, demonstrate success in the workplace, and develop the skills that lead to entry into and retention in unsubsidized employment; ``(C) facilitate joint cooperation between representatives of workers, employers, and communities, especially in underserved rural and urban regions, to ensure a fair and engaging workplace that balances the priorities and well-being of workers with the needs of businesses; and ``(D) have a proven track record in adequately serving individuals who face the greatest barriers to employment, including people with low incomes, people of color, immigrants, and formerly incarcerated individuals. ``(3) Each cooperating State agency shall seek, including through agreements and training programs described in this subsection, to ensure the reemployment of adversely affected workers upon completion of training as described in section 236.''. (b) Administration.-- (1) In general.--Section 239(g) of the Trade Act of 1974 (19 U.S.C. 2311(g)) is amended-- (A) by redesignating-- (i) paragraphs (1) through (4) as paragraphs (3) through (6), respectively; and (ii) paragraph (5) as paragraph (8); (B) by inserting before paragraph (3), as redesignated by subparagraph (A), the following: ``(1) review each layoff of more than 5 workers in a firm to determine whether trade played a role in the layoff and whether workers in such firm are potentially eligible to receive benefits under this chapter, ``(2) perform outreach to firms to facilitate and assist with filing petitions under section 221 and collecting necessary supporting information,''; (C) in paragraph (3), as so redesignated, by striking ``who applies for unemployment insurance of'' and inserting ``identified under paragraph (1) of unemployment insurance benefits and''; (D) in paragraph (4), as so redesignated, by inserting ``and assist with'' after ``facilitate''; (E) in paragraph (6), as so redesignated, by striking ``and'' at the end; (F) by inserting after paragraph (6), as so redesignated, the following: ``(7) perform outreach to workers from underserved communities and to firms that employ a majority or a substantial percentage of workers from underserved communities and develop a plan, in consultation with the Secretary, for addressing common barriers to receiving services that such workers have faced,''; (G) in paragraph (8), as so redesignated, by striking ``funds provided to carry out this chapter are insufficient to make such services available, make arrangements to make such services available through other Federal programs.'' and inserting ``support services are needed beyond what may be provided under this chapter, make arrangements to coordinate such services available through other Federal programs;''; and (H) by adding at the end the following: ``(9) develop a strategy to engage with local workforce development institutions, including local community colleges and other educational institutions, and ``(10) develop a comprehensive strategy to provide agency staffing to support the requirements of paragraphs (1) through (9).''. (2) Limitations on administrative expenses and employment and case management services.--Section 235A of the Trade Act of 1974 (19 U.S.C. 2295a) is amended-- (A) by striking ``Of the funds'' and inserting ``(a) In General.--Of the funds''; and (B) by adding at the end the following: ``(b) Clarification.--Activities described in paragraphs (1) through (9) of section 239(g) shall not be considered to be activities relating to the administration of the trade adjustment assistance for workers program for purposes of the limitation on administrative expenses under subsection (a)(1).''. (c) Performance Measures.--Section 239(j)(2) of the Trade Act of 1974 (19 U.S.C. 2311(j)(2)) is amended-- (1) by amending subparagraph (B) to read as follows: ``(B) Additional indicators and analytics.--The Secretary and a cooperating State or cooperating State agency-- ``(i) shall conduct a comparative analysis between the median earnings of workers described in subparagraph (A)(i)(I) and the distributions of earnings across the workforce in the affected economic region; and ``(ii) may agree upon additional indicators of performance for the trade adjustment assistance program under this chapter, as appropriate.''; and (2) by adding at the end the following: ``(C) Dashboard.--The Secretary shall require each cooperating State and cooperating State agency to perform workforce analytics for the purpose of creating a dashboard that includes different measures of job quality for reemployment and training activities provided under this chapter.''. (d) Staffing.--Section 239 of the Trade Act of 1974 (19 U.S.C. 2311) is amended by striking subsection (k) and inserting the following: ``(k) Staffing.--An agreement entered into under this section shall provide that the cooperating State or cooperating State agency shall require that any individual engaged in functions to carry out the trade adjustment assistance program under this chapter shall be a State employee covered by a merit system of personnel administration.''. SEC. 122. ELIGIBILITY CRITERIA FOR REEMPLOYMENT TRADE ADJUSTMENT ASSISTANCE. (a) In General.--Section 246(a) of the Trade Act of 1974 (19 U.S.C. 2318(a)) is amended-- (1) in paragraph (3)(B)(ii), by striking ``$50,000'' and inserting ``$55,000''; (2) in paragraph (4)(A), by striking ``the earlier of'' and all that follows and inserting ``the date on which the worker obtains reemployment described in paragraph (3)(B).''; and (3) by adding at the end the following: ``(8) Adjustment of salary limitation and total amount of payments for inflation.-- ``(A) In general.--The Secretary of Labor shall adjust the salary limitation under paragraph (3)(B)(ii) and the amount under paragraph (5)(B)(i) on October 1, 2021, and at the beginning of each fiscal year thereafter, to reflect the percentage (if any) of the increase in the average of the Consumer Price Index for the preceding 12-month period compared to the Consumer Price Index for fiscal year 2020. ``(B) Special rules for calculation of adjustment.--In making an adjustment under subparagraph (A), the Secretary-- ``(i) shall round the amount of any increase in the Consumer Price Index to the nearest dollar; and ``(ii) may ignore any such increase of less than 1 percent. ``(C) Consumer price index defined.--For purposes of this paragraph, the term `Consumer Price Index' means the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.''. (b) Pilot Program for Expanded Eligibility.--Section 246 of the Trade Act of 1974 (19 U.S.C. 2318) is amended by adding at the end the following: ``(c) Pilot Program for Expanded Eligibility.-- ``(1) In general.--The Secretary may establish a pilot program under which the Secretary may provide benefits under paragraph (2) of subsection (a) to workers younger than 50 years of age who otherwise meet the eligibility requirements set forth in paragraph (3) of that subsection. ``(2) Requirement.--The Secretary may not provide to workers under paragraph (1) benefits that are reduced relative to the benefits received by other workers under this section. ``(3) Notification to congress.--Before implementing the pilot program under paragraph (1), the Secretary shall submit to Congress a report that includes a detailed plan for the program. ``(4) Termination.--The pilot program under paragraph (1) shall terminate at such time as the Secretary considers appropriate. ``(5) Report required.--Not later than 90 days after the termination under paragraph (4) of the pilot program under paragraph (1), the Secretary shall submit to Congress a report on the outcomes for the workers who participated in the program.''. SEC. 123. SUBPOENA POWER. Section 249 of the Trade Act of 1974 (19 U.S.C. 2321) is amended-- (1) in subsection (a), by adding at the end the following: ``That authority includes the authority of States to require, by subpoena, a firm to provide information on workers employed by, or totally or partially separated from, the firm that is necessary to make a determination under this chapter or to provide outreach to workers, including the names and address of workers.''; and (2) by adding at the end the following: ``(c) Enforcement of Subpoenas by States.--A State may enforce compliance with a subpoena issued under subsection (a)-- ``(1) as provided for under State law; and ``(2) by petitioning an appropriate United States district court for an order requiring compliance with the subpoena.''. SEC. 124. DATA COLLECTION WITH RESPECT TO TRAINING. Section 249B of the Trade Act of 1974 (19 U.S.C. 2323) is amended-- (1) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (B), by adding at the end before the period the following: ``, and the relevant demographic information (including race, ethnicity, gender, income level, and age) regarding such workers''; (ii) in subparagraph (C)-- (I) by redesignating clauses (i) and (ii) as clauses (ii) and (iii), respectively; and (II) by inserting before clause (ii), as so redesignated, the following: ``(i) the country or countries in which increased imports, shifts in production, and other bases of eligibilities under section 222 originated;''; (B) in paragraph (4)(B), by inserting ``training provider,'' after ``age,''; and (C) by adding at the end the following: ``(7) Data on individual petitions.-- ``(A) In general.--The following information with respect to each petition filed under this chapter: ``(i) The petition number. ``(ii) The names of the petitioner, firm, and certified or recognized union or other duly authorized representatives of the group of workers. ``(iii) The names of the city and State in which the firm is located. ``(iv) A description of the articles produced or services supplied by the firm. ``(v) The classification of the firm under the North American Industry Classification System or the Standard Industrial Classification. ``(vi) The relevant demographic information (including race, ethnicity, gender, income level, and age) regarding the workers. ``(vii) The determination of the Secretary to certify or deny the petition, including the basis for the determination. ``(viii) If the petition was certified-- ``(I) the country or countries in which increased imports, shifts in production, or other bases of eligibilities under section 222 originated; and ``(II) the number of workers covered by the petition, the number of workers who received benefits, and the median earnings of workers upon completion of training or receiving other benefits under this chapter. ``(B) Format.--The data collected and reported under this paragraph shall be made available to the public, in a searchable format by each type of information required by clauses (i) through (vii), with an option to receive search results in an electronic spreadsheet format.''; and (2) in subsection (d)-- (A) in paragraph (2), by striking ``; and'' and inserting a semicolon; (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following: ``(3) information on compliance with section 239(g) and on the Secretary's efforts to identify best practices and support the development of proactive outreach programs in each State; and''. Subtitle D--General Provisions SEC. 131. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE PROGRAM. (a) Repeal of Termination Provision.-- (1) In general.--Section 285 of the Trade Act of 1974 (19 U.S.C. 2271 note) is repealed. (2) Clerical amendment.--The table of contents for the Trade Act of 1974 is amended by striking the item relating to section 285. (b) Repeal of Snapback Provision.--Section 406 of the Trade Adjustment Assistance Reauthorization Act of 2015 (Public Law 114-27; 129 Stat. 379) is repealed. (c) Reemployment Trade Adjustment Assistance.--Section 246(b)(1) of the Trade Act of 1974 (19 U.S.C. 2318(b)(1)) is amended by striking ``June 30, 2021'' and inserting ``September 30, 2028''. (d) Authorizations of Appropriations.-- (1) Trade adjustment assistance for workers.--Section 245(a) of the Trade Act of 1974 (19 U.S.C. 2317(a)) is amended by striking ``June 30, 2021'' and inserting ``September 30, 2028''. (2) Trade adjustment assistance for firms.--Section 255(a) of the Trade Act of 1974 (19 U.S.C. 2345(a)) is amended by striking ``2021'' and inserting ``2028''. SEC. 132. APPLICABILITY OF TRADE ADJUSTMENT ASSISTANCE PROVISIONS. (a) Workers Certified Before Date of Enactment.-- (1) In general.--Except as provided in paragraphs (2) and (3), a worker certified as eligible for adjustment assistance under section 222 of the Trade Act of 1974 before the date of the enactment of this Act shall be eligible, on and after such date of enactment, to receive benefits only under the provisions of chapter 2 of title II of the Trade Act of 1974, as in effect on such date of enactment, or as such provisions may be amended after such date of enactment. (2) Computation of maximum benefits.--Benefits received by a worker described in paragraph (1) under chapter 2 of title II of the Trade Act of 1974 before the date of the enactment of this Act shall be included in any determination of the maximum benefits for which the worker is eligible under the provisions of chapter 2 of title II of the Trade Act of 1974, as in effect on the date of the enactment of this Act, or as such provisions may be amended after such date of enactment. (3) Authority to make adjustments to benefits.-- Notwithstanding any provision of chapter 2 of title II of the Trade Act of 1974, for the 90-day period beginning on the date of the enactment of this Act, the Secretary is authorized to make any adjustments to benefits to workers described in paragraph (1) that the Secretary determines to be necessary and appropriate in applying and administering the provisions of such chapter 2, as in effect on the date of the enactment of this Act, or as such provisions may be amended after such date of enactment, in a manner that ensures parity of treatment between the benefits of such workers and the benefits of workers certified after such date of enactment. (b) Workers Not Certified Pursuant to Certain Petitions Filed Before Date of Enactment.-- (1) Certifications of workers not certified before date of enactment.-- (A) Criteria if a determination has not been made.--If, as of the date of the enactment of this Act, the Secretary of Labor has not made a determination with respect to whether to certify a group of workers as eligible to apply for adjustment assistance under section 222 of the Trade Act of 1974 pursuant to a petition described in subparagraph (C), the Secretary shall make that determination based on the requirements of section 222 of the Trade Act of 1974, as in effect on such date of enactment. (B) Reconsideration of denials of certifications.-- If, before the date of the enactment of this Act, the Secretary made a determination not to certify a group of workers as eligible to apply for adjustment assistance under section 222 of the Trade Act of 1974 pursuant to a petition described in subparagraph (C), the Secretary shall-- (i) reconsider that determination; and (ii) if the group of workers meets the requirements of section 222 of the Trade Act of 1974, as in effect on such date of enactment, certify the group of workers as eligible to apply for adjustment assistance. (C) Petition described.--A petition described in this subparagraph is a petition for a certification of eligibility for a group of workers filed under section 221 of the Trade Act of 1974 on or after January 1, 2021, and before the date of the enactment of this Act. (2) Eligibility for benefits.-- (A) In general.--Except as provided in subparagraph (B), a worker certified as eligible to apply for adjustment assistance under section 222 of the Trade Act of 1974 pursuant to a petition described in paragraph (1)(C) shall be eligible, on and after the date of the enactment of this Act, to receive benefits only under the provisions of chapter 2 of title II of the Trade Act of 1974, as in effect on such date of enactment, or as such provisions may be amended after such date of enactment. (B) Computation of maximum benefits.--Benefits received by a worker described in paragraph (1) under chapter 2 of title II of the Trade Act of 1974 before the date of the enactment of this Act shall be included in any determination of the maximum benefits for which the worker is eligible under the provisions of chapter 2 of title II of the Trade Act of 1974, as in effect on the date of the enactment of this Act, or as such provisions may be amended after such date of enactment. SEC. 133. SENSE OF CONGRESS. It is the sense of Congress that, in administering the trade adjustment assistance program under chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.), a State should-- (1) prioritize providing training that leads to employment outcomes that replace 100 percent of an adversely affected worker's wages; and (2) steer workers toward training that leads to a livable wage and sustainable employment. TITLE II--AMENDMENTS TO WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT SEC. 201. WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT. (a) Availability of Trade Adjustment Assistance.--Section 3(a) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102(a)) is amended-- (1) in the first sentence-- (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and (B) by striking ``An employer'' and inserting ``(1) An employer''; (2) in the second sentence, by striking ``If there'' and inserting the following: ``(2) If there''; and (3) by adding at the end the following: ``(3) If the plant closing or mass layoff involved is caused by conditions described in section 222(a)(2) of the Trade Act of 1974 (19 U.S.C. 2272(a)(2)), then, in serving notice under paragraph (1)(A), the employer shall include in the notice information on the availability of adjustment assistance under chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) for eligible workers.''. (b) Notice Requirements Relating to Shifts in Production.--Section 3 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102) is amended-- (1) in subsection (d), by striking ``(2) or (3)'' and inserting ``(4)(A) or (5)''; and (2) by adding at the end the following: ``(e) Statement Relating to Shifts in Production of Articles or Supply of Services.--(1) If the plant closing or mass layoff involved is caused by conditions described in section 222(a)(2)(B) of the Trade Act of 1974 (19 U.S.C. 2272(a)(2)(B)), then, in serving notice under subsection (a), the employer shall include in the notice a statement that the closing or layoff was so caused. ``(2) Each State that receives a notice under subsection (a) that includes a statement described in paragraph (1) shall notify the Secretary of that receipt, immediately file a petition under subsection (a)(1) of section 221 of the Trade Act of 1974 (19 U.S.C. 2271) on behalf of that group of workers, and act as the petitioner for that petition under this chapter. ``(3) If the Secretary receives a petition under paragraph (2) regarding a plant closing or mass layoff affecting a group of workers, the Secretary shall-- ``(A) immediately initiate an investigation under subsection (a)(3) of that section 221; ``(B) immediately waive the requirements for a hearing under subsection (b) of that section 221; and ``(C) unless the Secretary issues a determination that includes substantial evidence that the petition has not met the requirements of paragraph (1) or (2)(B) of section 222(a) of the Trade Act of 1974 (19 U.S.C. 2272(a)) within 20 days after receipt of the petition-- ``(i) certify the group of workers under section 222 of that Act (19 U.S.C. 2272); or ``(ii) be considered to have issued such certification on the 21st day after receipt of the petition. ``(4) Even after the Secretary issues such a certification for a group of workers at a firm under paragraph (3)(C), the Secretary may conduct an investigation under subsection (a)(3) of that section 221 to identify additional groups of workers who may be eligible for benefits under this chapter. ``(f) Notification of Downstream Producers and Suppliers.--On certification of a group of workers as described in subsection (e)(3)(C), the Secretary, in conjunction with the State in which the site of employment involved is located, shall-- ``(1) endeavor to identify downstream producers and suppliers as defined in section 222(c) of the Trade Act of 1974 (19 U.S.C. 2272(c)) that are potentially impacted by the plant closing or mass layoff involved; ``(2) provide to such producers and suppliers-- ``(A) concerning benefits available under chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.), a description of the benefits, of the means for filing a petition and applying for such benefits, and of the availability of assistance in filing the petition; and ``(B) concerning benefits available under chapter 3 of that title (19 U.S.C. 2341 et seq.), the description specified in subparagraph (A); and ``(3) direct the producers and suppliers to provide to their workers the description specified in paragraph (2)(A), concerning benefits described in paragraph (2)(A). ``(g) State Transmittal of Notices.--Each State that receives 1 or more notices described in subsection (a)(2) during a calendar quarter shall, not later than 10 days after the end of the quarter, transmit the notices to the Secretary.''. (c) Administrative Enforcement and Database.--Section 5 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2104) is amended-- (1) by redesignating subsection (b) as subsection (d); and (2) by inserting after subsection (a) the following: ``(b) Administrative Enforcement.--(1) The Secretary may impose a fine on any employer who orders a plant closing or mass layoff in violation of section 3. ``(2) The Secretary shall deposit the fines in an account. Funds in the account shall be available to States, without appropriation, for an activity authorized under subchapter B of chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2291 et seq.). ``(c) Database.-- ``(1) In general.--The Secretary shall establish and maintain a database, available to the public, of notices served under section 3(a). ``(2) Features.--In carrying out paragraph (1), the Secretary shall ensure that all such notices are accessible and searchable by including in the database-- ``(A) a link to the notices, or files containing the notices in portable document format; and ``(B) an interactive map and search tool that is capable of-- ``(i) sorting the notices, by date and region of the plant closings and mass layoffs described in the notices; and ``(ii) enabling the user to locate plant closings and mass layoffs of various sizes, in terms of numbers of employees affected. ``(3) Other information.-- ``(A) In general.--The Secretary shall ensure that the database includes, for each such notice, information on the political subdivision, county, and local area where the plant closing or mass layoff takes place, the number of affected workers, the date of the notice, the date of the beginning of the plant closing or mass layoff, and the North American Industry Classification System code for the affected industry. ``(B) Definition.--In this paragraph, the term `local area' has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).''. (d) Report on Plant Closings and Mass Layoffs.--The Worker Adjustment and Retraining Notification Act is amended by inserting after section 10 (29 U.S.C. 2109) the following: ``SEC. 10A. REPORT ON PLANT CLOSINGS AND MASS LAYOFFS. ``The Secretary shall annually prepare, submit to Congress, and make available to the public, a report that specifies, for the year involved-- ``(1) the number of plant closings and mass layoffs that occurred, for which employers were subject to the notification requirements of section 3; and ``(2) the number of such plant closings and mass layoffs for which employers met the requirements.''. (e) Conforming Amendments.-- (1) Worker adjustment and retraining notification act.-- Sections 8(a) and 11 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2107(a), 2101 note) are amended by striking ``of Labor''. (2) Trade act of 1974.--Section 223(a) of the Trade Act of 1974 (19 U.S.C. 2273(a)) is amended by inserting ``(except as provided in section 3(e)(3)(C) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102(e)(3)(C)))'' after ``40 days''. TITLE III--HEALTH CARE TAX CREDIT SEC. 301. PERMANENT CREDIT FOR HEALTH INSURANCE COSTS. (a) In General.--Subparagraph (B) of section 35(b)(1) of the Internal Revenue Code of 1986 is amended by striking ``, and before January 1, 2022''. (b) Increase in Credit Percentage.--Subsection (a) of section 35 of the Internal Revenue Code of 1986 is amended by striking ``72.5 percent'' and inserting ``80 percent''. (c) Conforming Amendments.--Subsections (b) and (e)(1) of section 7527 of the Internal Revenue Code of 1986 are each amended by striking ``72.5 percent'' and inserting ``80 percent''. (d) Effective Date.--The amendments made by this section shall apply to coverage months beginning after December 31, 2021. <all>

Trade Adjustment Assistance For Workers Reauthorization Act of 2021

A bill to expand the trade adjustment assistance for workers program, and for other purposes.

Trade Adjustment Assistance For Workers Reauthorization Act of 2021

Sen. Stabenow, Debbie

D

MI

H.R.4918

Health

Rural Telehealth Expansion Act This bill expands coverage of telehealth services under Medicare to include store-and-forward technologies (in which information is sent to providers and reviewed at a later time, rather than through a real-time interaction). Currently, coverage is limited to federal demonstration programs in Alaska and Hawaii.

To amend title XVIII of the Social Security Act to include store-and- forward technologies as telecommunications systems through which telehealth services may be furnished for payment under the Medicare program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Telehealth Expansion Act''. SEC. 2. MEDICARE PAYMENT FOR STORE-AND-FORWARD TECHNOLOGIES USED TO FURNISH TELEHEALTH SERVICES. Section 1834(m)(1) of the Social Security Act (42 U.S.C. 1395m(m)(1)) is amended by striking ``in the case of any Federal telemedicine demonstration program conducted in Alaska or Hawaii,''. <all>

Rural Telehealth Expansion Act

To amend title XVIII of the Social Security Act to include store-and-forward technologies as telecommunications systems through which telehealth services may be furnished for payment under the Medicare program.

Rural Telehealth Expansion Act

Rep. Rosendale Sr., Matthew M.

R

MT

S.3811

International Affairs

Ukraine Supplemental Appropriations Act, 2022 This bill provides FY2022 supplemental appropriations for various activities related to Ukraine, including funding for the Department of Energy to respond to the situation in Ukraine, assistance for refugees from Ukraine, and assistance to Ukraine through the Foreign Military Financing Program.

Making supplemental appropriations for assistance and activities related 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. This Act may be cited as the ``Ukraine Supplemental Appropriations Act, 2022''. SEC. 2. STATEMENT OF APPROPRIATIONS. The following sums in this Act are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2022. TITLE I DEPARTMENT OF AGRICULTURE Foreign Agricultural Service food for peace title ii grants For an additional amount for ``Food for Peace Title II Grants'', $100,000,000, to remain available until expended. TITLE II DEPARTMENT OF COMMERCE Bureau of Industry and Security operations and administration For an additional amount for ``Operations and Administration'', $22,100,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses: Provided, That the Bureau of Industry and Security shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate within 45 days after the date of enactment of this Act: Provided further, That amounts provided under this heading in this Act may not be used to increase the number of permanent positions: Provided further, That amounts made available under this heading in this Act may be used to appoint such temporary personnel as may be necessary without regard to the provisions of title 5, United States Code, governing appointments in the competitive service: Provided further, That the Secretary of Commerce is authorized to appoint such temporary personnel, after serving continuously for one year, to positions in the Bureau of Industry and Security in the same manner that competitive service employees with competitive status are considered for transfer, reassignment, or promotion to such positions and an individual appointed under this provision shall become a career- conditional employee, unless the employee has already completed the service requirements for career tenure. DEPARTMENT OF JUSTICE Legal Activities salaries and expenses, general legal activities For an additional amount for ``Salaries and Expenses, General Legal Activities'', $9,700,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses: Provided, That amounts provided under this heading in this Act may not be used to increase the number of permanent positions. salaries and expenses, united states attorneys For an additional amount for ``Salaries and Expenses, United States Attorneys'', $5,000,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses: Provided, That amounts provided under this heading in this Act may not be used to increase the number of permanent positions. National Security Division salaries and expenses For an additional amount for ``Salaries and Expenses'', $1,100,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses: Provided, That amounts provided under this heading in this Act may not be used to increase the number of permanent positions. Federal Bureau of Investigation salaries and expenses For an additional amount for ``Salaries and Expenses'', $43,600,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses. TITLE III DEPARTMENT OF DEFENSE MILITARY PERSONNEL Military Personnel, Army For an additional amount for ``Military Personnel, Army'', $130,377,000, to remain available until September 30, 2022, to respond to the situation in Ukraine and for related expenses. Military Personnel, Navy For an additional amount for ``Military Personnel, Navy'', $11,645,000, to remain available until September 30, 2022, to respond to the situation in Ukraine and for related expenses. Military Personnel, Marine Corps For an additional amount for ``Military Personnel, Marine Corps'', $3,079,000, to remain available until September 30, 2022, to respond to the situation in Ukraine and for related expenses. Military Personnel, Air Force For an additional amount for ``Military Personnel, Air Force'', $50,396,000, to remain available until September 30, 2022, to respond to the situation in Ukraine and for related expenses. OPERATION AND MAINTENANCE Operation and Maintenance, Army For an additional amount for ``Operation and Maintenance, Army'', $1,113,234,000, to remain available until September 30, 2022, to respond to the situation in Ukraine and for related expenses. Operation and Maintenance, Navy For an additional amount for ``Operation and Maintenance, Navy'', $202,797,000, to remain available until September 30, 2022, to respond to the situation in Ukraine and for related expenses. Operation and Maintenance, Marine Corps For an additional amount for ``Operation and Maintenance, Marine Corps'', $21,440,000, to remain available until September 30, 2022, to respond to the situation in Ukraine and for related expenses. Operation and Maintenance, Air Force For an additional amount for ``Operation and Maintenance, Air Force'', $415,442,000, to remain available until September 30, 2022, to respond to the situation in Ukraine and for related expenses. Operation and Maintenance, Space Force For an additional amount for ``Operation and Maintenance, Space Force'', $800,000, to remain available until September 30, 2022, to respond to the situation in Ukraine and for related expenses. Operation and Maintenance, Defense-Wide For an additional amount for ``Operation and Maintenance, Defense- Wide'', $311,583,000, to remain available until September 30, 2022, to respond to the situation in Ukraine and for related expenses. PROCUREMENT Other Procurement, Air Force For an additional amount for ``Other Procurement, Air Force'', $213,693,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses. Procurement, Defense-Wide For an additional amount for ``Procurement, Defense-Wide'', $14,259,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses. RESEARCH, DEVELOPMENT, TEST AND EVALUATION Research, Development, Test and Evaluation, Navy For an additional amount for ``Research, Development, Test and Evaluation, Navy'', $31,100,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses. Research, Development, Test and Evaluation, Air Force For an additional amount for ``Research, Development, Test and Evaluation, Air Force'', $47,500,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses. Research, Development, Test and Evaluation, Defense-Wide For an additional amount for ``Research, Development, Test and Evaluation, Defense-Wide'', $51,745,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses. REVOLVING AND MANAGEMENT FUNDS Defense Working Capital Funds For an additional amount for ``Defense Working Capital Funds'', $409,000,000, to remain available until September 30, 2022, to respond to the situation in Ukraine and for related expenses. GENERAL PROVISIONS--THIS TITLE (including transfer of funds) Sec. 301. In addition to amounts provided elsewhere in this title, there is appropriated $3,500,000,000, for an additional amount for ``Operation and Maintenance, Defense-Wide'', to remain available until September 30, 2023, which may be transferred to accounts under the headings ``Operation and Maintenance'' and ``Procurement'', for replacement of defense articles from the stocks of the Department of Defense, and for reimbursement for defense services of the Department of Defense and military education and training, provided to the Government of Ukraine: Provided, That the Secretary of Defense shall notify the congressional defense committees of the details of such transfers not less than 30 days before any such transfer: Provided further, That the funds transferred pursuant to this section shall be merged with and available for the same purposes and for the same time period as the appropriations to which the funds are transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back and merged with this appropriation: Provided further, That the transfer authority provided in this section is in addition to any other transfer authority provided by law. Sec. 302. The Inspector General of the Department of Defense shall carry out reviews of the activities of the Department of Defense to execute funds appropriated in this Act, including assistance provided to Ukraine: Provided, That the Inspector General shall provide to the congressional defense committees a written report not later than 120 days after the date of enactment of this Act. TITLE IV DEPARTMENT OF ENERGY ENERGY PROGRAMS Departmental Administration (including transfer of funds) For an additional amount for ``Departmental Administration'', $30,000,000, to remain available until expended, to respond to the situation in Ukraine and for related expenses: Provided, That funds appropriated under this heading in this Act may be transferred to, and merged with, other appropriation accounts of the Department of Energy, to respond to the situation in Ukraine and for related expenses: Provided further, That upon a determination that all or part of the funds transferred pursuant to the authority provided under this heading are not necessary for such purposes, such amounts may be transferred back to this appropriation. TITLE V DEPARTMENT OF THE TREASURY Departmental Offices salaries and expenses For an additional amount for ``Salaries and Expenses'', $17,000,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses. office of terrorism and financial intelligence salaries and expenses For an additional amount for ``Salaries and Expenses'', $25,000,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses. Financial Crimes Enforcement Network salaries and expenses For an additional amount for ``Salaries and Expenses'', $19,000,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses. TITLE VI DEPARTMENT OF STATE AND RELATED AGENCY DEPARTMENT OF STATE Administration of Foreign Affairs diplomatic programs (including transfers of funds) For an additional amount for ``Diplomatic Programs'', $125,000,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and in countries impacted by the situation in Ukraine: Provided, That up to $15,000,000 may be transferred to, and merged with, funds available under the heading ``Emergencies in the Diplomatic and Consular Service'': Provided further, That up to $50,000,000 may be transferred to, and merged with, funds available under the heading ``Capital Investment Fund'' for cybersecurity and related information technology investments: Provided further, That funds appropriated under this heading in this Act shall be made available, as appropriate, to enhance the capacity of the Department of State to identify the assets of Russian and other oligarchs related to the situation in Ukraine, and to coordinate with the Department of the Treasury in seizing or freezing such assets. office of inspector general For an additional amount for ``Office of Inspector General'', $4,000,000, to remain available until September 30, 2024. RELATED AGENCY United States Agency for Global Media international broadcasting operations For an additional amount for ``International Broadcasting Operations'', $25,000,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and in countries impacted by the situation in Ukraine, including to enhance the capacity of Radio Free Europe/Radio Liberty, Voice of America, and other United States broadcasting entities and independent grantee organizations. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT Funds Appropriated to the President operating expenses For an additional amount for ``Operating Expenses'', $25,000,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and in countries impacted by the situation in Ukraine. office of inspector general For an additional amount for ``Office of Inspector General'', $4,000,000, to remain available until September 30, 2024. BILATERAL ECONOMIC ASSISTANCE Funds Appropriated to the President international disaster assistance For an additional amount for ``International Disaster Assistance'', $2,650,000,000, to remain available until expended, to respond to humanitarian needs in Ukraine and in countries impacted by the situation in Ukraine, including the provision of emergency food and shelter, and for assistance for other vulnerable populations and communities. transition initiatives For an additional amount for ``Transition Initiatives'', $120,000,000, to remain available until expended, for assistance for Ukraine and countries impacted by the situation in Ukraine. economic support fund (including transfers of funds) For an additional amount for ``Economic Support Fund'', $647,000,000, to remain available until September 30, 2024, for assistance for Ukraine and countries impacted by the situation in Ukraine, including direct financial support: Provided, That funds appropriated under this heading in this Act may be made available notwithstanding any other provision of law that restricts assistance to foreign countries. assistance for europe, eurasia and central asia For an additional amount for ``Assistance for Europe, Eurasia and Central Asia'', $1,120,000,000, to remain available until September 30, 2024, for assistance and related programs for Ukraine and other countries identified in section 3 of the FREEDOM Support Act (22 U.S.C. 5801) and section 3(c) of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5402(c)). Department of State migration and refugee assistance For an additional amount for ``Migration and Refugee Assistance'', $1,400,000,000, to remain available until expended, to assist refugees from Ukraine and for additional support for other vulnerable populations and communities. INTERNATIONAL SECURITY ASSISTANCE Department of State international narcotics control and law enforcement For an additional amount for ``International Narcotics Control and Law Enforcement'', $30,000,000, to remain available until September 30, 2024, for assistance for Ukraine and countries impacted by the situation in Ukraine. Funds Appropriated to the President foreign military financing program For an additional amount for ``Foreign Military Financing Program'', $650,000,000, to remain available until September 30, 2024, for assistance for Ukraine and countries impacted by the situation in Ukraine. GENERAL PROVISIONS--THIS TITLE (including transfers of funds) Sec. 601. During fiscal year 2022, section 506(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(1)) shall be applied by substituting ``$3,000,000,000'' for ``$100,000,000''. Sec. 602. During fiscal year 2022, section 614(a)(4)(A)(ii) of the Foreign Assistance Act of 1961 (22 U.S.C. 2364) shall be applied by substituting ``$500,000,000'' for ``$250,000,000'' and section 614(a)(4)(C) shall be applied by substituting ``$100,000,000'' for ``$50,000,000'', by substituting ``$500,000,000'' for ``$250,000,000'', by substituting ``$750,000,000'' for ``$500,000,000'', and by substituting ``$1,250,000,000'' for ``$1,000,000,000''. Sec. 603. During fiscal year 2022, the President may transfer excess defense articles to Ukraine and to allies and partners in Europe pursuant to section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) without regard to the notification requirement in section 516(f)(1) of such Act and the monetary limitation in section 516(g) of such Act: Provided, That not later than 30 days after such a transfer has occurred, the President shall report to the appropriate congressional committees on the items transferred, pursuant to the specifications in section 516(f) of such Act. Sec. 604. (a) Funds appropriated by this title under the headings ``International Disaster Assistance'' and ``Migration and Refugee Assistance'' may be transferred to, and merged with, funds appropriated by this title under such headings to respond to humanitarian needs in Ukraine and in countries impacted by the situation in Ukraine and for other assistance for vulnerable populations and communities. (b) Funds appropriated by this title under the headings ``Transition Initiatives'', ``Economic Support Fund'', ``Assistance for Europe, Eurasia and Central Asia'', and ``International Narcotics Control and Law Enforcement'' may be transferred to, and merged with, funds available under such headings and with funds available under the headings ``Complex Crises Fund'' and ``Nonproliferation, Anti- terrorism, Demining and Related Programs'' for assistance for Ukraine and countries impacted by the situation in Ukraine and to respond to humanitarian needs. (c) Funds appropriated by this title under the heading ``Economic Support Fund'' may be transferred to, and merged with, funds available under the heading ``Diplomatic Programs'' for activities related to public engagement, messaging, and countering disinformation. (d) The transfer authorities provided by this title are in addition to any other transfer authority provided by law. (e) The exercise of the transfer authorities provided by this title shall be subject to prior consultation with the Committees on Appropriations. (f) Upon a determination that all or part of the funds transferred pursuant to the authorities provided under this title are not necessary for such purposes, such amounts may be transferred back to such appropriations. Sec. 605. Funds appropriated by this title under the headings ``Diplomatic Programs'', ``International Broadcasting Operations'', ``Operating Expenses'', ``International Disaster Assistance'', ``Transition Initiatives'', ``Economic Support Fund'', ``Assistance for Europe, Eurasia and Central Asia'', ``Migration and Refugee Assistance'', ``International Narcotics Control and Law Enforcement'' and ``Foreign Military Financing Program'' may be used to reimburse accounts administered by the Department of State, United States Agency for Global Media, and the United States Agency for International Development for obligations incurred related to the situation in Ukraine and in countries impacted by the situation in Ukraine under such headings prior to the date of enactment of this Act. Sec. 606. (a) During fiscal year 2022, direct loans under section 23 of the Arms Export Control Act may be made available for Ukraine and North Atlantic Treaty Organization (NATO) allies, notwithstanding section 23(c)(1) of the Arms Export Control Act, gross obligations for the principal amounts of which shall not exceed $4,000,000,000: Provided, That funds made available under the heading ``Foreign Military Financing Program'' in this title and unobligated balances of funds made available under such heading in prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of such loans: Provided further, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974 and may include the costs of selling, reducing, or cancelling any amounts owed to the United States or any agency of the United States: Provided further, That the Government of the United States may charge fees for such loans, which shall be collected from borrowers in accordance with section 502(7) of the Congressional Budget Act of 1974: Provided further, That no funds made available by this or any other appropriations Act for this fiscal year or prior fiscal years may be used for payment of any fees associated with such loans: Provided further, That such loans shall be repaid in not more than 12 years, including a grace period of up to one year on repayment of principal: Provided further, That notwithstanding section 23(c)(1) of the Arms Export Control Act, interest for such loans may be charged at a rate determined by the Secretary of State, except that such rate may not be less than the prevailing interest rate on marketable Treasury securities of similar maturity: Provided further, That amounts made available under this subsection for such costs shall not be considered assistance for the purposes of provisions of law limiting assistance to a country. (b) Funds made available under the heading ``Foreign Military Financing Program'' in this title and unobligated balances of funds made available under such heading in prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available, notwithstanding the third proviso under such heading, for the costs of loan guarantees under section 24 of the Arms Export Control Act for Ukraine and NATO allies, which are authorized to be provided: Provided, That such funds are available to subsidize gross obligations for the principal amount of commercial loans, and total loan principal, any part of which is to be guaranteed, not to exceed $4,000,000,000: Provided further, That no loan guarantee with respect to any one borrower may exceed 80 percent of the loan principal: Provided further, That any loan guaranteed under this subsection may not be subordinated to another debt contracted by the borrower or to any other claims against the borrower in the case of default: Provided further, That repayment in United States dollars of any loan guaranteed under this subsection shall be required within a period not to exceed 12 years after the loan agreement is signed: Provided further, That the Government of the United States may charge fees for such loan guarantees, as may be determined, notwithstanding section 24 of the Arms Export Control Act, which shall be collected from borrowers or third parties on behalf of such borrowers in accordance with section 502(7) of the Congressional Budget Act of 1974: Provided further, That amounts made available under this subsection for the costs of such guarantees shall not be considered assistance for the purposes of provisions of law limiting assistance to a country. (c) Funds made available pursuant to the authorities of this section shall be subject to prior consultation with the appropriate congressional committees, and the regular notification procedures of the Committees on Appropriations. Sec. 607. Not later than 30 days after the date of enactment of this Act, the Secretary of State and Administrator of the United States Agency for International Development shall jointly submit a report to the Committees on Appropriations on the proposed uses of funds appropriated by this title: Provided, That the United States Agency for Global Media Chief Executive Officer shall submit a separate report not later than 30 days after the date of enactment of this Act for funds appropriated under the heading ``International Broadcasting Operations'': Provided further, That such reports shall be updated and submitted to the Committees on Appropriations every 60 days thereafter until September 30, 2024, and every 120 days thereafter until all funds have been expended. TITLE VII GENERAL PROVISIONS--THIS ACT Sec. 701. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved. Sec. 702. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 703. Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2022. Sec. 704. (a) Not later than 90 days after the date of enactment of this Act, the Secretary of State and the Secretary of Defense shall submit to the appropriate congressional committees and congressional Leadership a report that includes the following: (1) a description of United States Government assistance provided to the security forces of the Government of Ukraine for the purpose of supporting the Ukrainian people as they defend their territorial integrity and sovereignty, and to counter ongoing Russian aggression, including: (A) an assessment of Ukrainian security requirements and capabilities gaps the assistance seeks to fill; and (B) formal requests from the Government of Ukraine for specific defense articles and services as of the date of enactment; (2) a description, to the extent practicable, of other assistance, including lethal assistance, Ukraine has received since December 1, 2021, from foreign governments; (3) a description of United States Government diplomatic efforts to end Russia's aggression against Ukraine and to restore Ukraine's sovereignty; (4) a detailed description of United States Government policies aimed at supporting North Atlantic Treaty Organization (NATO) allies and other European partners threatened by the Government of the Russian Federation and its proxies and increased strain from the humanitarian crisis; and (5) a plan to replenish stocks of U.S. origin defense articles transferred by NATO or its member States to Ukraine. (b) The report required by subsection (a) shall be submitted in unclassified form but may contain a classified annex, if necessary. (c) Every 90 days after the release of the first report to the appropriate congressional committees, the Secretary of State and the Secretary of Defense shall submit to the appropriate congressional committees and congressional Leadership a report that includes: (1) a detailed description of defense articles transferred or scheduled to be transferred by the United States to the Government of Ukraine; and (2) a detailed description of U.S. origin defense articles transferred by NATO or its member States under U.S. authorization to the Government of Ukraine during the reporting period. (d) For purposes of this section, the term ``appropriate congressional committees'' means the House Committees on Foreign Affairs, Armed Services, and Appropriations and the Senate Committees on Foreign Relations, Armed Services, and Appropriations. Sec. 705. Each amount provided by this division is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. <all>

Ukraine Supplemental Appropriations Act, 2022

A bill making supplemental appropriations for assistance and activities related to Ukraine, and for other purposes.

Ukraine Supplemental Appropriations Act, 2022

Sen. Scott, Rick

R

FL

H.R.5998

Health

This bill requires the Centers for Medicare & Medicaid Services to issue guidance on whether and how state Medicaid programs may extend certain flexibilities after the end of the public health emergency relating to COVID-19.

To require the Secretary of Health and Human Services to issue guidance on authorities available to States under the State Medicaid programs under title XIX of the Social Security Act to extend waivers granted during the COVID-19 emergency period beyond such period. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. HHS GUIDANCE TO STATES ON AUTHORITIES TO EXTEND MEDICAID COVID-19 EMERGENCY WAIVERS BEYOND THE COVID-19 EMERGENCY PERIOD. Not later than March 31, 2022, the Secretary of Health and Human Services shall issue guidance to the States that-- (1) describes emergency waiver authorities pursuant to section 1135 of the Social Security Act (42 U.S.C. 1320b-5), or any other emergency waiver or flexibility, used by States under the State Medicaid programs under title XIX of such Act during the emergency period described in section 1135(g)(1)(B) of such Act; and (2) describes the extent to which and how such authorities and flexibilities may be extended or otherwise adopted at the option of a State after such emergency period through a State plan amendment, or other waiver authority, under title XIX of the Social Security Act. <all>

To require the Secretary of Health and Human Services to issue guidance on authorities available to States under the State Medicaid programs under title XIX of the Social Security Act to extend waivers granted during the COVID-19 emergency period beyond such period.

To require the Secretary of Health and Human Services to issue guidance on authorities available to States under the State Medicaid programs under title XIX of the Social Security Act to extend waivers granted during the COVID-19 emergency period beyond such period.

Official Titles - House of Representatives Official Title as Introduced To require the Secretary of Health and Human Services to issue guidance on authorities available to States under the State Medicaid programs under title XIX of the Social Security Act to extend waivers granted during the COVID-19 emergency period beyond such period.

Rep. Griffith, H. Morgan

R

VA

H.R.8024

Transportation and Public Works

Stop Communist Construction of Public Infrastructure Act of 2022 or the Stop CCP Infrastructure Act of 2022 This bill prohibits certain entities related to China or the Chinese government from receiving federal funds for public works projects in the United States. Specifically, this prohibition applies to entities that are (1) headquartered in China; or (2) owned, financed, influenced by, or affiliated with the Chinese government, the Chinese Communist Party (CCP), or the Chinese military. Further, state and local governments must verify that a recipient for federal funds for a public works project is free from any obligations, influences, or connections to any of these entities.

To amend title 40, United States Code, to prohibit the distribution of Federal funds to certain entities related to the People's Republic of China for certain public works projects, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Communist Construction of Public Infrastructure Act of 2022'' or the ``Stop CCP Infrastructure Act of 2022''. SEC. 2. RESTRICTION OF ENTITIES FROM USING FEDERAL FUNDS FROM ENGAGING, ENTERING INTO, AND AWARDING PUBLIC WORKS CONTRACTS. (a) In General.--Chapter 33 of title 40, United States Code, is amended by adding at the end the following: ``Sec. 3320. Restriction of entities from using Federal funds to engage, enter into, and award public works contracts ``(a) In General.--Notwithstanding any other provision of law, Federal funds may not be provided to any covered entity for any covered public works project. ``(b) Requirements.--Any entity receiving funds for any covered public works project shall be free from any obligations, influences, or connections to any covered entity. ``(c) Exception.--This section shall only apply to projects that are located in the United States. ``(d) Definitions.--In this section: ``(1) Covered entity.--The term `covered entity' means any entity that-- ``(A) is headquartered in China; ``(B) is owned, directed, controlled, financed, or influenced directly or indirectly by the Government of the People's Republic of China, the CCP, or the Chinese military, including any entity for which the Government of the People's Republic of China, the CCP, or the Chinese military have the ability, through ownership of a majority or a dominant minority of the total outstanding voting interest in an entity, board representation, proxy voting, a special share, contractual arrangements, formal or informal arrangements to act in concert, or other means, to determine, direct, or decide for an entity in an important manner; or ``(C) is a parent, subsidiary, or affiliate of any entity described in subparagraph (B). ``(2) Covered public works project.--The term `covered public works project' means any project of the construction, repair, renovation, or maintenance of public buildings, structures, sewers, water works, roads, bridges, docks, underpasses and viaducts, as well as any other improvement to be constructed, repaired or renovated or maintained on public property to be paid, in whole or in part, with public funds or with financing to be retired with public funds in the form of lease payments or otherwise.''. (b) Clerical Amendment.--The analysis for chapter 33 of title 40, United States Code, is amended by adding at the end the following: ``3320. Restriction of entities from using Federal funds to engage, enter into, and award public works contracts.''. (c) Non-Federal Public Works.--Chapter 35 of title 40, United States Code, is amended by adding at the end the following: ``Sec. 3506. Restriction of States and local governments from using Federal funds to engage, enter into, and award public works contracts ``(a) In General.--A State or local government receiving Federal funds may not provide such funds to any covered entity for any covered public works project. ``(b) Requirements.--A State or local government shall verify that any entity receiving funds for any covered public works project is free from any obligations, influences, or connections to any covered entity. ``(c) Exception.--This section shall only apply to projects that are located in a State. ``(d) Definitions.--In this section: ``(1) Covered entity.--The term `covered entity' means any entity that-- ``(A) is headquartered in China; ``(B) is owned, directed, controlled, financed, or influenced directly or indirectly by the Government of the People's Republic of China, the CCP, or the Chinese military, including any entity for which the Government of the People's Republic of China, the CCP, or the Chinese military have the ability, through ownership of a majority or a dominant minority of the total outstanding voting interest in an entity, board representation, proxy voting, a special share, contractual arrangements, formal or informal arrangements to act in concert, or other means, to determine, direct, or decide for an entity in an important manner; or ``(C) is a parent, subsidiary, or affiliate of any entity described in subparagraph (B). ``(2) Covered public works project.--The term `covered public works project' means any project of the construction, repair, renovation, or maintenance of public buildings, structures, sewers, water works, roads, bridges, docks, underpasses and viaducts, as well as any other improvement to be constructed, repaired or renovated or maintained on public property to be paid, in whole or in part, with public funds or with financing to be retired with public funds in the form of lease payments or otherwise.''. (d) Clerical Amendment.--The analysis for chapter 35 of title 40, United States Code, is amended by adding at the end the following: ``3506. Restriction of States and local governments from using Federal funds to engage, enter into, and award public works contracts.''. (e) Updating Regulations.--The Federal Acquisition Regulation and the Defense Federal Acquisition Regulation shall be revised to implement the provisions of this Act. (f) Rule of Applicability.--The amendments made by this section shall take effect, and shall apply to projects beginning on or after, 180 days after the date of enactment of this Act. <all>

Stop CCP Infrastructure Act of 2022

To amend title 40, United States Code, to prohibit the distribution of Federal funds to certain entities related to the People's Republic of China for certain public works projects, and for other purposes.

Stop CCP Infrastructure Act of 2022 Stop Communist Construction of Public Infrastructure Act of 2022

Rep. Tenney, Claudia

R

NY

S.5170

Public Lands and Natural Resources

Route 66 National Historic Trail Designation Act This bill amends the National Trails System Act to designate a trail of approximately 2,400 miles extending from Chicago, Illinois, to Santa Monica, California, as the Route 66 National Historic Trail. The trail shall be administered by the Department of the Interior in a manner that respects and maintains its idiosyncratic nature. Interior may not use eminent domain or condemnation in carrying out this bill.

To amend the National Trails System Act to designate the Route 66 National Historic Trail, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Route 66 National Historic Trail Designation Act''. SEC. 2. DESIGNATION OF THE ROUTE 66 NATIONAL HISTORIC TRAIL. Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) is amended by adding at the end the following: ``(31) Route 66 national historic trail.-- ``(A) In general.--The Route 66 National Historic Trail, a trail that includes all the alignments of U.S. Highway 66 in existence between 1926 and 1985, extending along a route of approximately 2,400 miles from Chicago, Illinois, to Santa Monica, California, as generally depicted on the map entitled `Route 66 National Historic Trail, Proposed Route', numbered P26/ 141,279, and dated December 2017. ``(B) Availability of map.--The map described in subparagraph (A) shall be on file and available for public inspection at the Department of the Interior. ``(C) Administration.--The Secretary of the Interior shall administer the Route 66 National Historic Trail in a manner that respects and maintains the idiosyncratic nature of the Route 66 National Historic Trail. ``(D) Land acquisition.--The United States shall not acquire for the Route 66 National Historic Trail any land or interest in land that-- ``(i) is located outside the exterior boundary of any federally managed area without the consent of the owner of the land or interest in land; or ``(ii) extends more than an average of \1/ 4\ of a mile on either side of the Route 66 National Historic Trail. ``(E) No buffer zone created.-- ``(i) In general.--Nothing in this paragraph, the acquisition of land or an interest in land authorized by this paragraph, or any management plan for the Route 66 National Historic Trail creates or shall be construed to create a buffer zone outside the Route 66 National Historic Trail. ``(ii) Outside activities.--The fact that an activity or use on land outside the Route 66 National Historic Trail can be seen, heard, or detected from the Route 66 National Historic Trail, including from any land or interest in land acquired for the Route 66 National Historic Trail subject to the limitations described in subparagraph (D), shall not preclude, limit, control, regulate, or determine the conduct or management of the activity or use. ``(F) Effect on energy development, production, transportation, or transmission.--Nothing in this paragraph, the acquisition of land or an interest in land authorized by this paragraph, or any management plan for the Route 66 National Historic Trail shall prohibit, hinder, or disrupt the development, production, transportation, or transmission of energy. ``(G) No eminent domain or condemnation.--In carrying out this paragraph, the Secretary of the Interior may not use eminent domain or condemnation. ``(H) Not a designation of `lands in the national park system'.--Notwithstanding any other provision of law, the designation of the Route 66 National Historic Trail by this paragraph shall not have the effect of designating the Route 66 National Historic Trail or any land on which the Route 66 National Historic Trail is located as `lands in the National Park System' for purposes of section 28(b)(1) of the Mineral Leasing Act (30 U.S.C. 185(b)(1)). ``(I) No new authorities or permits.-- ``(i) No effect on authority to grant easements or rights-of-way.-- ``(I) In general.--Notwithstanding any other provision of law, the designation of the Route 66 National Historic Trail by this paragraph shall not alter or affect the existing authority of any Federal, State, or local agency or official to grant easements or rights-of-way over, under, across, or along any portion of the area designated as the Route 66 National Historic Trail. ``(II) Authority of heads of federal agencies to grants easements or rights-of-way.--Notwithstanding the designation of the Route 66 National Historic Trail by this paragraph, the head of any Federal agency having jurisdiction over any Federal land on which the Route 66 National Historic Trail designated by this paragraph is located (other than land that is considered to be `lands in the National Park System' for purposes of section 28(b)(1) of the Mineral Leasing Act (30 U.S.C. 185(b)(1)) as a result of a designation under any other law), shall have the authority to grant easements or rights-of-way over, under, across, or along any applicable portion of the Route 66 National Historic Trail in accordance with the laws applicable to the Federal land. ``(ii) No new permits required.-- Notwithstanding any other provision of law, the designation of the Route 66 National Historic Trail by this paragraph shall not subject the Route 66 National Historic Trail or any land on which the Route 66 National Historic Trail is located to any other Federal laws (including regulations) requiring a Federal permit or authorization that would otherwise be made applicable as a result of the designation of the Route 66 National Historic Trail as a component of the National Trails System.''. <all>

Route 66 National Historic Trail Designation Act

A bill to amend the National Trails System Act to designate the Route 66 National Historic Trail, and for other purposes.

Route 66 National Historic Trail Designation Act

Sen. Inhofe, James M.

R

OK

H.R.6306

Armed Forces and National Security

Providing Our Law Enforcement with Adequate Resources for a Response Act or the POLAR Response Act This bill includes a polar vortex as a major disaster for which a declaration of a state of emergency can be made and provides a definition for a disaster-related emergency for purposes of the Department of Defense (DOD) excess personal property program (therefore authorizing DOD to transfer certain personal property for a polar vortex emergency).

To amend title 10, United States Code, to provide for a definition of ``disaster-related emergency'' for purposes of the Department of Defense excess personal property 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 ``Providing Our Law Enforcement with Adequate Resources for a Response Act'' or the ``POLAR Response Act''. SEC. 2. DEFINITION OF DISASTER-RELATED EMERGENCY UNDER DEPARTMENT OF DEFENSE EXCESS PERSONAL PROPERTY PROGRAM. (a) Definition of Disaster-Related Emergency.--Subsection (g) of section 2576a of title 10, United States Code, is amended-- (1) in the subsection heading, by striking ``Controlled Property'' and inserting ``Definitions''; (2) by striking ``In this section,'' and inserting ``In this section:''; (3) by redesignating the text beginning with ``the term'' and ending with ``document.'' as paragraph (1) and adjusting the margins accordingly; (4) in paragraph (1), as so redesignated, by striking ``the term'' and inserting ``The term''; and (5) by adding at the end the following new paragraph: ``(2) The term `disaster-related emergency' means any event with respect to which the President declares an emergency or major disaster pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).''. (b) Inclusion of Polar Vortex in Definition of Major Disaster.-- Section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)) is amended by inserting ``, polar vortex'' after ``mudslide''. <all>

POLAR Response Act

To amend title 10, United States Code, to provide for a definition of "disaster-related emergency" for purposes of the Department of Defense excess personal property program, and for other purposes.

POLAR Response Act Providing Our Law Enforcement with Adequate Resources for a Response Act

Rep. Jackson, Ronny

R

TX

H.R.1841

Science, Technology, Communications

Digital Equity Act of 2021 This bill requires the National Telecommunications and Information Administration to establish grant programs for promoting digital equity, supporting digital inclusion activities, and building capacity for state-led efforts to increase adoption of broadband by their residents. Specifically, the bill establishes the State Digital Equity Capacity Grant Program to make distributions to states based on their populations, demographics, and availability and adoption of broadband. The bill also establishes the Digital Equity Competitive Grant Program for supporting efforts to achieve digital equity, promote digital inclusion, and stimulate adoption of broadband.

To require the Assistant Secretary of Commerce for Communications and Information to establish a State Digital Equity Capacity Grant 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 ``Digital Equity Act of 2021''. SEC. 2. DEFINITIONS. In this Act: (1) Adoption of broadband.--The term ``adoption of broadband'' means the process by which an individual obtains daily access to the internet-- (A) at a speed, quality, and capacity-- (i) that is necessary for the individual to accomplish common tasks; and (ii) such that the access qualifies as an advanced telecommunications capability; (B) with the digital skills that are necessary for the individual to participate online; and (C) on a-- (i) personal device; and (ii) secure and convenient network. (2) Advanced telecommunications capability.--The term ``advanced telecommunications capability'' has the meaning given the term in section 706(d) of the Telecommunications Act of 1996 (47 U.S.C. 1302(d)). (3) Aging individual.--The term ``aging individual'' has the meaning given the term ``older individual'' in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002). (4) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Appropriations of the Senate; (B) the Committee on Commerce, Science, and Transportation of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Energy and Commerce of the House of Representatives. (5) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary of Commerce for Communications and Information. (6) Community anchor institution.--The term ``community anchor institution'' means a public school, a library, a medical or healthcare provider, a community college or other institution of higher education, a State library agency, and any other nonprofit or governmental community support organization. (7) Covered household.--The term ``covered household'' means a household, the taxable income of which for the most recently completed taxable year is not more than 150 percent of an amount equal to the poverty level, as determined by using criteria of poverty established by the Bureau of the Census. (8) Covered populations.--The term ``covered populations'' means-- (A) individuals who live in covered households; (B) aging individuals; (C) incarcerated individuals, other than individuals who are incarcerated in a Federal correctional facility; (D) veterans; (E) individuals with disabilities; (F) individuals with a language barrier, including individuals who-- (i) are English learners; and (ii) have low levels of literacy; (G) individuals who are members of a racial or ethnic minority group; and (H) individuals who primarily reside in a rural area. (9) Covered programs.--The term ``covered programs'' means the State Digital Equity Capacity Grant Program established under section 4 and the Digital Equity Competitive Grant Program established under section 5. (10) Digital equity.--The term ``digital equity'' means the condition in which individuals and communities have the information technology capacity that is needed for full participation in the society and economy of the United States. (11) Digital inclusion.--The term ``digital inclusion''-- (A) means the activities that are necessary to ensure that all individuals in the United States have access to, and the use of, affordable information and communication technologies, such as-- (i) reliable broadband internet service; (ii) internet-enabled devices that meet the needs of the user; and (iii) applications and online content designed to enable and encourage self- sufficiency, participation, and collaboration; and (B) includes-- (i) obtaining access to digital literacy training; (ii) the provision of quality technical support; and (iii) obtaining basic awareness of measures to ensure online privacy and cybersecurity. (12) Digital literacy.--The term ``digital literacy'' means the skills associated with using technology to enable users to find, evaluate, organize, create, and communicate information. (13) 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). (14) Eligible state.--The term ``eligible State'' means-- (A) with respect to planning grants made available under section 4(c)(3), a State with respect to which the Assistant Secretary has approved an application submitted to the Assistant Secretary under section 4(c)(3)(C); and (B) with respect to capacity grants awarded under section 4(d), a State with respect to which the Assistant Secretary has approved an application submitted to the Assistant Secretary under section 4(d)(2), including approval of the State Digital Equity Plan developed by the State under section 4(c). (15) Gender identity.--The term ``gender identity'' has the meaning given the term in section 249(c) of title 18, United States Code. (16) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304(e)). (17) Institution of higher education.--The term ``institution of higher education''-- (A) has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); and (B) includes a postsecondary vocational institution. (18) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 8101(30) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(30)). (19) Postsecondary vocational institution.--The term ``postsecondary vocational institution'' has the meaning given the term in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c)). (20) Rural area.--The term ``rural area'' has the meaning given the term in section 601(b)(3) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(b)(3)). (21) Socially and economically disadvantaged small business concern.--The term ``socially and economically disadvantaged small business concern'' has the meaning given the term in section 8(a)(4) of the Small Business Act (15 U.S.C. 637(a)(4)). (22) State.--The term ``State'' means-- (A) any State of the United States; (B) the District of Columbia; and (C) the Commonwealth of Puerto Rico. (23) Veteran.--The term ``veteran'' has the meaning given the term in section 101 of title 38, United States Code. (24) Workforce development program.--The term ``workforce development program'' has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) a broadband connection and digital literacy are increasingly critical to how individuals-- (A) participate in the society, economy, and civic institutions of the United States; and (B) access health care and essential services, obtain education, and build careers; (2) digital exclusion-- (A) carries a high societal and economic cost; (B) materially harms the opportunity of an individual with respect to the economic success, educational achievement, positive health outcomes, social inclusion, and civic engagement of that individual; and (C) exacerbates existing wealth and income gaps, especially those experienced by covered populations; (3) achieving digital equity for all people of the United States requires additional and sustained investment and research efforts; (4) the Federal Government, as well as State, tribal, territorial, and local governments, have made social, legal, and economic obligations that necessarily extend to how the citizens and residents of those governments access and use the internet; and (5) achieving digital equity is a matter of social and economic justice and is worth pursuing. SEC. 4. STATE DIGITAL EQUITY CAPACITY GRANT PROGRAM. (a) Establishment; Purpose.-- (1) In general.--The Assistant Secretary shall establish in the Department of Commerce the State Digital Equity Capacity Grant Program (referred to in this section as the ``Program'')-- (A) the purpose of which is to promote the achievement of digital equity, support digital inclusion activities, and build capacity for efforts by States relating to the adoption of broadband by residents of those States; (B) through which the Assistant Secretary shall make grants to States in accordance with the requirements of this section; and (C) which shall ensure that States have the capacity to promote the achievement of digital equity and support digital inclusion activities. (2) Consultation with other federal agencies; no conflict.--In establishing the Program under paragraph (1), the Assistant Secretary shall-- (A) consult with-- (i) the Secretary of Agriculture; (ii) the Secretary of Housing and Urban Development; (iii) the Secretary of Education; (iv) the Secretary of Labor; (v) the Secretary of Health and Human Services; (vi) the Secretary of Veterans Affairs; (vii) the Secretary of the Interior; (viii) the Federal Communications Commission; (ix) the Federal Trade Commission; (x) the Director of the Institute of Museum and Library Services; (xi) the Administrator of the Small Business Administration; (xii) the Federal Cochairman of the Appalachian Regional Commission; and (xiii) the head of any other agency that the Assistant Secretary determines to be appropriate; and (B) ensure that the Program complements and enhances, and does not conflict with, other Federal broadband initiatives and programs. (b) Administering Entity.-- (1) Selection; function.--The governor (or equivalent official) of a State that wishes to be awarded a grant under this section shall, from among entities that are eligible under paragraph (2), select an administering entity for that State, which shall-- (A) serve as the recipient of, and administering agent for, any grant awarded to the State under this section; (B) develop, implement, and oversee the State Digital Equity Plan for the State described in subsection (c); (C) make subgrants to any entity described in subsection (c)(1)(D) that is located in the State in support of-- (i) the State Digital Equity Plan for the State; and (ii) digital inclusion activities in the State generally; and (D) serve as-- (i) an advocate for digital equity policy and digital inclusion activities; and (ii) a repository of best practice materials regarding the policies and activities described in clause (i). (2) Eligible entities.--Any of the following entities may serve as the administering entity for a State for the purposes of this section if the entity has demonstrated a capacity to administer the Program on a statewide level: (A) The State, a political subdivision, agency, or instrumentality of the State, an Indian tribe located in the State, an Alaska Native entity located in the State, or a Native Hawaiian organization located in the State. (B) A foundation, corporation, institution, association, or coalition that is-- (i) a not-for-profit entity; (ii) located in the State; and (iii) not a school. (C) A community anchor institution, other than a school, that is located in the State. (D) A local educational agency that is located in the State. (E) An entity located in the State that carries out a workforce development program. (F) An agency of the State that is responsible for administering or supervising adult education and literacy activities in the State. (G) A public housing authority that is located in the State. (H) A partnership between any of the entities described in subparagraphs (A) through (G). (c) State Digital Equity Plan.-- (1) Development; contents.--A State that wishes to be awarded a grant under subsection (d) shall develop a State Digital Equity Plan for the State, which shall include-- (A) the identification of the barriers to digital equity faced by covered populations in the State; (B) measurable objectives for documenting and promoting, among each group described in subparagraphs (A) through (H) of section 2(8) located in that State-- (i) the availability of, and affordability of access to, broadband technology; (ii) the online accessibility and inclusivity of public resources and services; (iii) digital literacy; (iv) awareness of, and the use of, measures to secure the online privacy of, and cybersecurity with respect to, an individual; and (v) the availability and affordability of consumer devices and technical support for those devices; (C) an assessment of how the objectives described in subparagraph (B) will impact and interact with the State's-- (i) economic and workforce development goals, plans, and outcomes; (ii) educational outcomes; (iii) health outcomes; (iv) civic and social engagement; and (v) delivery of other essential services; (D) in order to achieve the objectives described in subparagraph (B), a description of how the State plans to collaborate with key stakeholders in the State, which may include-- (i) community anchor institutions; (ii) county and municipal governments; (iii) local educational agencies; (iv) where applicable, Indian tribes, Alaska Native entities, or Native Hawaiian organizations; (v) nonprofit organizations; (vi) organizations that represent-- (I) individuals with disabilities, including organizations that represent children with disabilities; (II) aging individuals; (III) individuals with language barriers, including-- (aa) individuals who are English learners; and (bb) individuals who have low levels of literacy; (IV) veterans; and (V) individuals in that State who are incarcerated in facilities other than Federal correctional facilities; (vii) civil rights organizations; (viii) entities that carry out workforce development programs; (ix) agencies of the State that are responsible for administering or supervising adult education and literacy activities in the State; (x) public housing authorities in the State; and (xi) a partnership between any of the entities described in clauses (i) through (x); and (E) a list of organizations with which the administering entity for the State collaborated in developing and implementing the Plan. (2) Public availability.-- (A) In general.--The administering entity for a State shall make the State Digital Equity Plan of the State available for public comment for a period of not less than 30 days before the date on which the State submits an application to the Assistant Secretary under subsection (d)(2). (B) Consideration of comments received.--The administering entity for a State shall, with respect to an application submitted to the Assistant Secretary under subsection (d)(2)-- (i) before submitting the application-- (I) consider all comments received during the comment period described in subparagraph (A) with respect to the application (referred to in this subparagraph as the ``comment period''); and (II) make any changes to the plan that the administering entity determines to be worthwhile; and (ii) when submitting the application-- (I) describe any changes pursued by the administering entity in response to comments received during the comment period; and (II) include a written response to each comment received during the comment period. (3) Planning grants.-- (A) In general.--Beginning in the first fiscal year that begins after the date of enactment of this Act, the Assistant Secretary shall, in accordance with the requirements of this paragraph, award planning grants to States for the purpose of developing the State Digital Equity Plans of those States under this subsection. (B) Eligibility.--In order to be awarded a planning grant under this paragraph, a State-- (i) shall submit to the Assistant Secretary an application under subparagraph (C); and (ii) may not have been awarded, at any time, a planning grant under this paragraph. (C) Application.--A State that wishes to be awarded a planning grant under this paragraph shall, not later than 60 days after the date on which the notice of funding availability with respect to the grant is released, submit to the Assistant Secretary an application, in a format to be determined by the Assistant Secretary, that contains the following materials: (i) A description of the entity selected to serve as the administering entity for the State, as described in subsection (b). (ii) A certification from the State that, not later than 1 year after the date on which the Assistant Secretary awards the planning grant to the State, the administering entity for that State shall develop a State Digital Equity Plan under this subsection, which-- (I) the administering entity shall submit to the Assistant Secretary; and (II) shall comply with the requirements of this subsection, including the requirement under paragraph (2)(B). (iii) The assurances required under subsection (e). (D) Awards.-- (i) Amount of grant.--A planning grant awarded to an eligible State under this paragraph shall be determined according to the formula under subsection (d)(3)(A)(i). (ii) Duration.-- (I) In general.--Except as provided in subclause (II), with respect to a planning grant awarded to an eligible State under this paragraph, the State shall expend the grant funds during the 1-year period beginning on the date on which the State is awarded the grant funds. (II) Exception.--The Assistant Secretary may grant an extension of not longer than 180 days with respect to the requirement under subclause (I). (iii) Challenge mechanism.--The Assistant Secretary shall ensure that any eligible State to which a planning grant is awarded under this paragraph may appeal or otherwise challenge in a timely fashion the amount of the grant awarded to the State, as determined under clause (i). (E) Use of funds.--An eligible State to which a planning grant is awarded under this paragraph shall, through the administering entity for that State, use the grant funds only for the following purposes: (i) To develop the State Digital Equity Plan of the State under this subsection. (ii)(I) Subject to subclause (II), to make subgrants to any of the entities described in paragraph (1)(D) to assist in the development of the State Digital Equity Plan of the State under this subsection. (II) If the administering entity for a State makes a subgrant described in subclause (I), the administering entity shall, with respect to the subgrant, provide to the State the assurances required under subsection (e). (d) State Capacity Grants.-- (1) In general.--Beginning not later than 2 years after the date on which the Assistant Secretary begins awarding planning grants under subsection (c)(3), the Assistant Secretary shall each year award grants to eligible States to support-- (A) the implementation of the State Digital Equity Plans of those States; and (B) digital inclusion activities in those States. (2) Application.--A State that wishes to be awarded a grant under this subsection shall, not later than 60 days after the date on which the notice of funding availability with respect to the grant is released, submit to the Assistant Secretary an application, in a format to be determined by the Assistant Secretary, that contains the following materials: (A) A description of the entity selected to serve as the administering entity for the State, as described in subsection (b). (B) The State Digital Equity Plan of that State, as described in subsection (c). (C) A certification that the State, acting through the administering entity for the State, shall-- (i) implement the State Digital Equity Plan of the State; and (ii) make grants in a manner that is consistent with the aims of the Plan described in clause (i). (D) The assurances required under subsection (e). (E) In the case of a State to which the Assistant Secretary has previously awarded a grant under this subsection, any amendments to the State Digital Equity Plan of that State, as compared with the State Digital Equity Plan of the State previously submitted. (3) Awards.-- (A) Amount of grant.-- (i) Formula.--Subject to clauses (ii), (iii), and (iv), the Assistant Secretary shall calculate the amount of a grant awarded to an eligible State under this subsection in accordance with the following criteria, using the best available data for all States for the fiscal year in which the grant is awarded: (I) 50 percent of the total grant amount shall be based on the population of the eligible State in proportion to the total population of all eligible States. (II) 25 percent of the total grant amount shall be based on the number of individuals in the eligible State who are covered populations in proportion to the total number of individuals in all eligible States who are covered populations. (III) 25 percent of the total grant amount shall be based on the comparative lack of availability and adoption of broadband in the eligible State in proportion to the lack of availability and adoption of broadband of all eligible States, which shall be determined according to data collected from-- (aa) the annual inquiry of the Federal Communications Commission conducted under section 706(b) of the Telecommunications Act of 1996 (47 U.S.C. 1302(b)); (bb) the American Community Survey or, if necessary, other data collected by the Bureau of the Census; (cc) the Internet and Computer Use Supplement to the Current Population Survey of the Bureau of the Census; and (dd) any other source that the Assistant Secretary, after appropriate notice and opportunity for public comment, determines to be appropriate. (ii) Minimum award.--The amount of a grant awarded to an eligible State under this subsection in a fiscal year shall be not less than 0.5 percent of the total amount made available to award grants to eligible States for that fiscal year. (iii) Additional amounts.--If, after awarding planning grants to States under subsection (c)(3) and capacity grants to eligible States under this subsection in a fiscal year, there are amounts remaining to carry out this section, the Assistant Secretary shall distribute those amounts-- (I) to eligible States to which the Assistant Secretary has awarded grants under this subsection for that fiscal year; and (II) in accordance with the formula described in clause (i). (iv) Data unavailable.--If, in a fiscal year, the Commonwealth of Puerto Rico (referred to in this clause as ``Puerto Rico'') is an eligible State and specific data for Puerto Rico is unavailable for a factor described in subclause (I), (II), or (III) of clause (i), the Assistant Secretary shall use the median data point with respect to that factor among all eligible States and assign it to Puerto Rico for the purposes of making any calculation under that clause for that fiscal year. (B) Duration.--With respect to a grant awarded to an eligible State under this subsection, the eligible State shall expend the grant funds during the 5-year period beginning on the date on which the eligible State is awarded the grant funds. (C) Challenge mechanism.--The Assistant Secretary shall ensure that any eligible State to which a grant is awarded under this subsection may appeal or otherwise challenge in a timely fashion the amount of the grant awarded to the State, as determined under subparagraph (A). (D) Use of funds.--The administering entity for an eligible State to which a grant is awarded under this subsection shall use the grant amounts for the following purposes: (i)(I) Subject to subclause (II), to update or maintain the State Digital Equity Plan of the State. (II) An administering entity for an eligible State to which a grant is awarded under this subsection may use not more than 20 percent of the amount of the grant for the purpose described in subclause (I). (ii) To implement the State Digital Equity Plan of the State. (iii)(I) Subject to subclause (II), to award a grant to any entity that is described in section 5(b) and is located in the eligible State in order to-- (aa) assist in the implementation of the State Digital Equity Plan of the State; (bb) pursue digital inclusion activities in the State consistent with the State Digital Equity Plan of the State; and (cc) report to the State regarding the digital inclusion activities of the entity. (II) Before an administering entity for an eligible State may award a grant under subclause (I), the administering entity shall require the entity to which the grant is awarded to certify that-- (aa) the entity shall carry out the activities required under items (aa), (bb), and (cc) of that subclause; (bb) the receipt of the grant shall not result in unjust enrichment of the entity; and (cc) the entity shall cooperate with any evaluation-- (AA) of any program that relates to a grant awarded to the entity; and (BB) that is carried out by or for the administering entity, the Assistant Secretary, or another Federal official. (iv)(I) Subject to subclause (II), to evaluate the efficacy of the efforts funded by grants made under clause (iii). (II) An administering entity for an eligible State to which a grant is awarded under this subsection may use not more than 5 percent of the amount of the grant for a purpose described in subclause (I). (v)(I) Subject to subclause (II), for the administrative costs incurred in carrying out the activities described in clauses (i) through (iv). (II) An administering entity for an eligible State to which a grant is awarded under this subsection may use not more than 3 percent of the amount of the grant for a purpose described in subclause (I). (e) Assurances.--When applying for a grant under this section, a State shall include in the application for that grant assurances that-- (1) if an entity described in section 5(b) is awarded grant funds under this section (referred to in this subsection as a ``covered recipient''), provide that-- (A) the covered recipient shall use the grant funds in accordance with any applicable statute, regulation, and application procedure; (B) the administering entity for that State shall adopt and use proper methods of administering any grant that the covered recipient is awarded, including by-- (i) enforcing any obligation imposed under law on any agency, institution, organization, or other entity that is responsible for carrying out the program to which the grant relates; (ii) correcting any deficiency in the operation of a program to which the grant relates, as identified through an audit or another monitoring or evaluation procedure; and (iii) adopting written procedures for the receipt and resolution of complaints alleging a violation of law with respect to a program to which the grant relates; and (C) the administering entity for that State shall cooperate in carrying out any evaluation-- (i) of any program that relates to a grant awarded to the covered recipient; and (ii) that is carried out by or for the Assistant Secretary or another Federal official; (2) the administering entity for that State shall-- (A) use fiscal control and fund accounting procedures that ensure the proper disbursement of, and accounting for, any Federal funds that the State is awarded under this section; (B) submit to the Assistant Secretary any reports that may be necessary to enable the Assistant Secretary to perform the duties of the Assistant Secretary under this section; (C) maintain any records and provide any information to the Assistant Secretary, including those records, that the Assistant Secretary determines is necessary to enable the Assistant Secretary to perform the duties of the Assistant Secretary under this section; and (D) with respect to any significant proposed change or amendment to the State Digital Equity Plan for the State, make the change or amendment available for public comment in accordance with subsection (c)(2); and (3) the State, before submitting to the Assistant Secretary the State Digital Equity Plan of the State, has complied with the requirements of subsection (c)(2). (f) Termination of Grant.-- (1) In general.--The Assistant Secretary shall terminate a grant awarded to an eligible State under this section if, after notice to the State and opportunity for a hearing, the Assistant Secretary-- (A) presents to the State a rationale and supporting information that clearly demonstrates that-- (i) the grant funds are not contributing to the development or execution of the State Digital Equity Plan of the State, as applicable; and (ii) the State is not upholding assurances made by the State to the Assistant Secretary under subsection (e); and (B) determines that the grant is no longer necessary to achieve the original purpose for which Assistant Secretary awarded the grant. (2) Redistribution.--If the Assistant Secretary, in a fiscal year, terminates a grant under paragraph (1), the Assistant Secretary shall redistribute the unspent grant amounts-- (A) to eligible States to which the Assistant Secretary has awarded grants under subsection (d) for that fiscal year; and (B) in accordance with the formula described in subsection (d)(3)(A)(i). (g) Reporting and Information Requirements; Internet Disclosure.-- The Assistant Secretary-- (1) shall-- (A) require any entity to which a grant, including a subgrant, is awarded under this section to publicly report, for each year during the period described in subsection (c)(3)(D)(ii) or (d)(3)(B), as applicable, with respect to the grant, and in a format specified by the Assistant Secretary, on-- (i) the use of that grant by the entity; (ii) the progress of the entity towards fulfilling the objectives for which the grant was awarded; and (iii) the implementation of the State Digital Equity Plan of the State; (B) establish appropriate mechanisms to ensure that each eligible State to which a grant is awarded under this section-- (i) uses the grant amounts in an appropriate manner; and (ii) complies with all terms with respect to the use of the grant amounts; and (C) create and maintain a fully searchable database, which shall be accessible on the internet at no cost to the public, that contains, at a minimum-- (i) the application of each State that has applied for a grant under this section; (ii) the status of each application described in clause (i); (iii) each report submitted by an entity under subparagraph (A); (iv) a record of public comments made regarding the State Digital Equity Plan of a State, as well as any written responses to or actions taken in as a result of those comments; and (v) any other information that is sufficient to allow the public to understand and monitor grants awarded under this section; and (2) may establish additional reporting and information requirements for any recipient of a grant under this section. (h) Supplement Not Supplant.--A grant or subgrant awarded under this section shall supplement, not supplant, other Federal or State funds that have been made available to carry out activities described in this section. (i) Set Asides.--From amounts made available in a fiscal year to carry out the Program, the Assistant Secretary shall reserve-- (1) not more than 5 percent for the implementation and administration of the Program, which shall include-- (A) providing technical support and assistance, including ensuring consistency in data reporting; (B) providing assistance to-- (i) States, or administering entities for States, to prepare the applications of those States; and (ii) administering entities with respect to grants awarded under this section; and (C) developing the report required under section 6(a); (2) not less than 5 percent to award grants to, or enter into contracts or cooperative agreements with, Indian tribes, Alaska Native entities, and Native Hawaiian organizations to allow those tribes, entities, and organizations to carry out the activities described in this section; and (3) not less than 1 percent to award grants to, or enter into contracts or cooperative agreements with, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States that is not a State to enable those entities to carry out the activities described in this section. (j) Rules.--The Assistant Secretary may prescribe such rules as may be necessary to carry out this section. (k) Authorization of Appropriations.--There are authorized to be appropriated-- (1) $60,000,000 for the award of grants under subsection (c)(3), and such amount is authorized to remain available through fiscal year 2026; and (2) $625,000,000 for fiscal year 2022 for the award of grants under subsection (d), and such amount is authorized to remain available through fiscal year 2026. SEC. 5. DIGITAL EQUITY COMPETITIVE GRANT PROGRAM. (a) Establishment.-- (1) In general.--Not later than 30 days after the date on which the Assistant Secretary begins awarding grants under section 4(d), and not before that date, the Assistant Secretary shall establish in the Department of Commerce the Digital Equity Competitive Grant Program (referred to in this section as the ``Program''), the purpose of which is to award grants to support efforts to achieve digital equity, promote digital inclusion activities, and spur greater adoption of broadband among covered populations. (2) Consultation; no conflict.--In establishing the Program under paragraph (1), the Assistant Secretary-- (A) may consult a State with respect to-- (i) the identification of groups described in subparagraphs (A) through (H) of section 2(8) located in that State; and (ii) the allocation of grant funds within that State for projects in or affecting the State; and (B) shall-- (i) consult with-- (I) the Secretary of Agriculture; (II) the Secretary of Housing and Urban Development; (III) the Secretary of Education; (IV) the Secretary of Labor; (V) the Secretary of Health and Human Services; (VI) the Secretary of Veterans Affairs; (VII) the Secretary of the Interior; (VIII) the Federal Communications Commission; (IX) the Federal Trade Commission; (X) the Director of the Institute of Museum and Library Services; (XI) the Administrator of the Small Business Administration; (XII) the Federal Cochairman of the Appalachian Regional Commission; and (XIII) the head of any other agency that the Assistant Secretary determines to be appropriate; and (ii) ensure that the Program complements and enhances, and does not conflict with, other Federal broadband initiatives and programs. (b) Eligibility.--The Assistant Secretary may award a grant under the Program to any of the following entities if the entity is not serving, and has not served, as the administering entity for a State under section 4(b): (1) A political subdivision, agency, or instrumentality of a State, including an agency of a State that is responsible for administering or supervising adult education and literacy activities in the State. (2) An Indian tribe, an Alaska Native entity, or a Native Hawaiian organization. (3) A foundation, corporation, institution, or association that is-- (A) a not-for-profit entity; and (B) not a school. (4) A community anchor institution. (5) A local educational agency. (6) An entity that carries out a workforce development program. (7) A partnership between any of the entities described in paragraphs (1) through (6). (8) A partnership between-- (A) an entity described in any of paragraphs (1) through (6); and (B) an entity that-- (i) the Assistant Secretary, by rule, determines to be in the public interest; and (ii) is not a school. (c) Application.--An entity that wishes to be awarded a grant under the Program shall submit to the Assistant Secretary an application-- (1) at such time, in such form, and containing such information as the Assistant Secretary may require; and (2) that-- (A) provides a detailed explanation of how the entity will use any grant amounts awarded under the Program to carry out the purposes of the Program in an efficient and expeditious manner; (B) identifies the period in which the applicant will expend the grant funds awarded under the Program; (C) includes-- (i) a justification for the amount of the grant that the applicant is requesting; and (ii) for each fiscal year in which the applicant will expend the grant funds, a budget for the activities that the grant funds will support; (D) demonstrates to the satisfaction of the Assistant Secretary that the entity-- (i) is capable of carrying out-- (I) the project or function to which the application relates; and (II) the activities described in subsection (h)-- (aa) in a competent manner; and (bb) in compliance with all applicable Federal, State, and local laws; and (ii) if the applicant is an entity described in subsection (b)(1), shall appropriate or otherwise unconditionally obligate from non-Federal sources funds that are necessary to meet the requirements of subsection (e); (E) discloses to the Assistant Secretary the source and amount of other Federal, State, or outside funding sources from which the entity receives, or has applied for, funding for activities or projects to which the application relates; and (F) provides-- (i) the assurances that are required under subsection (f); and (ii) an assurance that the entity shall follow such additional procedures as the Assistant Secretary may require to ensure that grant funds are used and accounted for in an appropriate manner. (d) Award of Grants.-- (1) Factors considered in award of grants.--In deciding whether to award a grant under the Program, the Assistant Secretary shall, to the extent practicable, consider-- (A) whether-- (i) an application shall, if approved-- (I) increase internet access and the adoption of broadband among covered populations to be served by the applicant; and (II) not result in unjust enrichment; and (ii) the applicant is, or plans to subcontract with, a socially and economically disadvantaged small business concern; (B) the comparative geographic diversity of the application in relation to other eligible applications; and (C) the extent to which an application may duplicate or conflict with another program. (2) Use of funds.-- (A) In general.--In addition to the activities required under subparagraph (B), an entity to which the Assistant Secretary awards a grant under the Program shall use the grant amounts to support not less than 1 of the following activities: (i) To develop and implement digital inclusion activities that benefit covered populations. (ii) To facilitate the adoption of broadband by covered populations in order to provide educational and employment opportunities to those populations. (iii) To implement, consistent with the purposes of this Act-- (I) training programs for covered populations that cover basic, advanced, and applied skills; or (II) other workforce development programs. (iv) To make available equipment, instrumentation, networking capability, hardware and software, or digital network technology for broadband services to covered populations at low or no cost. (v) To construct, upgrade, expend, or operate new or existing public access computing centers for covered populations through community anchor institutions. (vi) To undertake any other project and activity that the Assistant Secretary finds to be consistent with the purposes for which the Program is established. (B) Evaluation.-- (i) In general.--An entity to which the Assistant Secretary awards a grant under the Program shall use not more than 10 percent of the grant amounts to measure and evaluate the activities supported with the grant amounts. (ii) Submission to assistant secretary.--An entity to which the Assistant Secretary awards a grant under the Program shall submit to the Assistant Secretary each measurement and evaluation performed under clause (i)-- (I) in a manner specified by the Assistant Secretary; (II) not later than 15 months after the date on which the entity is awarded the grant amounts; and (III) annually after the submission described in subclause (II) for any year in which the entity expends grant amounts. (C) Administrative costs.--An entity to which the Assistant Secretary awards a grant under the Program may use not more than 10 percent of the amount of the grant for administrative costs in carrying out any of the activities described in subparagraph (A). (D) Time limitations.--With respect to a grant awarded to an entity under the Program, the entity-- (i) except as provided in clause (ii), shall expend the grant amounts during the 4- year period beginning on the date on which the entity is awarded the grant amounts; and (ii) during the 1-year period beginning on the date that is 4 years after the date on which the entity is awarded the grant amounts, may continue to measure and evaluate the activities supported with the grant amounts, as required under subparagraph (B). (e) Federal Share.-- (1) In general.--Except as provided in paragraph (2), the Federal share of any project for which the Assistant Secretary awards a grant under the Program may not exceed 90 percent. (2) Exception.--The Assistant Secretary may grant a waiver with respect to the limitation on the Federal share of a project described in paragraph (1) if-- (A) the applicant with respect to the project petitions the Assistant Secretary for the waiver; and (B) the Assistant Secretary determines that the petition described in subparagraph (A) demonstrates financial need. (f) Assurances.--When applying for a grant under this section, an entity shall include in the application for that grant assurances that the entity shall-- (1) use any grant funds that the entity is awarded-- (A) in accordance with any applicable statute, regulation, and application procedure; and (B) to the extent required under applicable law; (2) adopt and use proper methods of administering any grant that the entity is awarded, including by-- (A) enforcing any obligation imposed under law on any agency, institution, organization, or other entity that is responsible for carrying out a program to which the grant relates; (B) correcting any deficiency in the operation of a program to which the grant relates, as identified through an audit or another monitoring or evaluation procedure; and (C) adopting written procedures for the receipt and resolution of complaints alleging a violation of law with respect to a program to which the grant relates; (3) cooperate with respect to any evaluation-- (A) of any program that relates to a grant awarded to the entity; and (B) that is carried out by or for the Assistant Secretary or another Federal official; (4) use fiscal control and fund accounting procedures that ensure the proper disbursement of, and accounting for, any Federal funds that the entity is awarded under the Program; (5) submit to the Assistant Secretary any reports that may be necessary to enable the Assistant Secretary to perform the duties of the Assistant Secretary under the Program; and (6) maintain any records and provide any information to the Assistant Secretary, including those records, that the Assistant Secretary determines is necessary to enable the Assistant Secretary to perform the duties of the Assistant Secretary under the Program. (g) Deobligation or Termination of Grant.--In addition to other authority under applicable law, the Assistant Secretary may-- (1) deobligate or terminate a grant awarded to an entity under this section if, after notice to the entity and opportunity for a hearing, the Assistant Secretary-- (A) presents to the entity a rationale and supporting information that clearly demonstrates that-- (i) the grant funds are not being used in a manner that is consistent with the application with respect to the grant submitted by the entity under subsection (c); and (ii) the entity is not upholding assurances made by the entity to the Assistant Secretary under subsection (f); and (B) determines that the grant is no longer necessary to achieve the original purpose for which Assistant Secretary awarded the grant; and (2) with respect to any grant funds that the Assistant Secretary deobligates or terminates under paragraph (1), competitively award the grant funds to another applicant, consistent with the requirements of this section. (h) Reporting and Information Requirements; Internet Disclosure.-- The Assistant Secretary-- (1) shall-- (A) require any entity to which the Assistant Secretary awards a grant under the Program to, for each year during the period described in subsection (d)(2)(D) with respect to the grant, submit to the Assistant Secretary a report, in a format specified by the Assistant Secretary, regarding-- (i) the amount of the grant; (ii) the use by the entity of the grant amounts; and (iii) the progress of the entity towards fulfilling the objectives for which the grant was awarded; (B) establish mechanisms to ensure appropriate use of, and compliance with respect to all terms regarding, grant funds awarded under the Program; (C) create and maintain a fully searchable database, which shall be accessible on the internet at no cost to the public, that contains, at a minimum-- (i) a list of each entity that has applied for a grant under the Program; (ii) a description of each application described in clause (i), including the proposed purpose of each grant described in that clause; (iii) the status of each application described in clause (i), including whether the Assistant Secretary has awarded a grant with respect to the application and, if so, the amount of the grant; (iv) each report submitted by an entity under subparagraph (A); and (v) any other information that is sufficient to allow the public to understand and monitor grants awarded under the Program; and (D) ensure that any entity with respect to which an award is deobligated or terminated under subsection (g) may, in a timely manner, appeal or otherwise challenge that deobligation or termination, as applicable; and (2) may establish additional reporting and information requirements for any recipient of a grant under the Program. (i) Supplement Not Supplant.--A grant awarded to an entity under the Program shall supplement, not supplant, other Federal or State funds that have been made available to the entity to carry out activities described in this section. (j) Set Asides.--From amounts made available in a fiscal year to carry out the Program, the Assistant Secretary shall reserve-- (1) 5 percent for the implementation and administration of the Program, which shall include-- (A) providing technical support and assistance, including ensuring consistency in data reporting; (B) providing assistance to entities to prepare the applications of those entities with respect to grants awarded under this section; (C) developing the report required under section 6(a); and (D) conducting outreach to entities that may be eligible to be awarded a grant under the Program regarding opportunities to apply for such a grant; (2) 5 percent to award grants to, or enter into contracts or cooperative agreements with, Indian tribes, Alaska Native entities, and Native Hawaiian organizations to allow those tribes, entities, and organizations to carry out the activities described in this section; and (3) 1 percent to award grants to, or enter into contracts or cooperative agreements with, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States that is not a State to enable those entities to carry out the activities described in this section. (k) Rules.--The Assistant Secretary may prescribe such rules as may be necessary to carry out this section. (l) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $625,000,000 for fiscal year 2022, and such amount is authorized to remain available through fiscal year 2026. SEC. 6. POLICY RESEARCH, DATA COLLECTION, ANALYSIS AND MODELING, EVALUATION, AND DISSEMINATION. (a) Reporting Requirements.-- (1) In general.--Not later than 1 year after the date on which the Assistant Secretary begins awarding grants under section 4(d)(1), and annually thereafter, the Assistant Secretary shall-- (A) submit to the appropriate committees of Congress a report that documents, for the year covered by the report-- (i) the findings of each evaluation conducted under subparagraph (B); (ii) a list of each grant awarded under each covered program, which shall include-- (I) the amount of each such grant; (II) the recipient of each such grant; and (III) the purpose for which each such grant was awarded; (iii) any deobligation, termination, or modification of a grant awarded under the covered programs, which shall include a description of the subsequent usage of any funds to which such an action applies; and (iv) each challenge made by an applicant for, or a recipient of, a grant under the covered programs and the outcome of each such challenge; and (B) conduct evaluations of the activities carried out under the covered programs, which shall include an evaluation of-- (i) whether eligible States to which grants are awarded under the program established under section 4 are-- (I) abiding by the assurances made by those States under subsection (e) of that section; (II) meeting, or have met, the stated goals of the Digital Equity Plans developed by the States under subsection (c) of that section; (III) satisfying the requirements imposed by the Assistant Secretary on those States under subsection (g) of that section; and (IV) in compliance with any other rules, requirements, or regulations promulgated by the Assistant Secretary in implementing that program; and (ii) whether entities to which grants are awarded under the program established under section 5 are-- (I) abiding by the assurances made by those entities under subsection (f) of that section; (II) meeting, or have met, the stated goals of those entities with respect to the use of the grant amounts; (III) satisfying the requirements imposed by the Assistant Secretary on those States under subsection (h) of that section; and (IV) in compliance with any other rules, requirements, or regulations promulgated by the Assistant Secretary in implementing that program. (2) Public availability.--The Assistant Secretary shall make each report submitted under paragraph (1)(A) publicly available in an online format that-- (A) facilitates access and ease of use; (B) is searchable; and (C) is accessible-- (i) to individuals with disabilities; and (ii) in languages other than English. (b) Authority To Contract and Enter Into Other Arrangements.--The Assistant Secretary may award grants and enter into contracts, cooperative agreements, and other arrangements with Federal agencies, public and private organizations, and other entities with expertise that the Assistant Secretary determines appropriate in order to-- (1) evaluate the impact and efficacy of activities supported by grants awarded under the covered programs; and (2) develop, catalog, disseminate, and promote the exchange of best practices, both with respect to and independent of the covered programs, in order to achieve digital equity. (c) Consultation and Public Engagement.--In carrying out subsection (a), and to further the objectives described in paragraphs (1) and (2) of subsection (b), the Assistant Secretary shall conduct ongoing collaboration and consult with-- (1) the Secretary of Agriculture; (2) the Secretary of Housing and Urban Development; (3) the Secretary of Education; (4) the Secretary of Labor; (5) the Secretary of Health and Human Services; (6) the Secretary of Veterans Affairs; (7) the Secretary of the Interior; (8) the Federal Communications Commission; (9) the Federal Trade Commission; (10) the Director of the Institute of Museum and Library Services; (11) the Administrator of the Small Business Administration; (12) the Federal Cochairman of the Appalachian Regional Commission; (13) State agencies and governors of States (or equivalent officials); (14) entities serving as administering entities for States under section 4(b); (15) national, State, tribal, and local organizations that provide digital inclusion, digital equity, or digital literacy services; (16) researchers, academics, and philanthropic organizations; and (17) other agencies, organizations (including international organizations), entities (including entities with expertise in the fields of data collection, analysis and modeling, and evaluation), and community stakeholders, as determined appropriate by the Assistant Secretary. (d) Technical Support and Assistance.--The Assistant Secretary shall provide technical support and assistance, assistance to entities to prepare the applications of those entities with respect to grants awarded under the covered programs, and other resources, to the extent practicable, to ensure consistency in data reporting and to meet the objectives of this section. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section, which shall remain available until expended. SEC. 7. GENERAL PROVISIONS. (a) Nondiscrimination.-- (1) In general.--No individual in the United States may, on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, age, or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that is funded in whole or in part with funds made available under this Act. (2) Enforcement.--The Assistant Secretary shall effectuate paragraph (1) with respect to any program or activity described in that paragraph by issuing regulations and taking actions consistent with section 602 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1). (3) Judicial review.--Judicial review of an action taken by the Assistant Secretary under paragraph (2) shall be available to the extent provided in section 603 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2). (b) Technological Neutrality.--The Assistant Secretary shall, to the extent practicable, carry out this Act in a technologically neutral manner. (c) Audit and Oversight.--Beginning in the first fiscal year in which amounts are made available to carry out an activity authorized under this Act, and in each of the 4 fiscal years thereafter, there is authorized to be appropriated to the Office of Inspector General for the Department of Commerce $1,000,000 for audits and oversight of funds made available to carry out this Act, which shall remain available until expended. <all>

Digital Equity Act of 2021

To require the Assistant Secretary of Commerce for Communications and Information to establish a State Digital Equity Capacity Grant Program, and for other purposes.

Digital Equity Act of 2021

Rep. McNerney, Jerry

D

CA

H.R.6854

Foreign Trade and International Finance

Duty Drawback Clarification Act This bill provides for drawback (refund of certain duties, taxes, and fees) on whiskies imported into the United States when the same or similar products are later exported or destroyed. Further, the bill prohibits a proprietor of a distilled spirits plant from voluntarily destroying distilled spirits as a basis for claiming a drawback.

To clarify the treatment of drawback on distilled spirits, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Duty Drawback Clarification Act''. SEC. 2. CLARIFICATION OF TREATMENT OF DRAWBACK ON DISTILLED SPIRITS. (a) Tax Treatment of Destroyed Spirits.--Section 5008(b) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``The proprietor'' and inserting the following: ``(1) In general.--The proprietor''; and (2) by adding at the end the following: ``(2) Prohibition on duty drawback.--The destruction of distilled spirits under paragraph (1) may not be used as the basis for a claim for drawback under section 313 of the Tariff Act of 1930 (19 U.S.C. 1313).''. (b) Substitution Drawback for Whiskey.--Section 313(j) of the Tariff Act of 1930 (19 U.S.C. 1313(j)) is amended by adding at the end the following: ``(7) In the case of whiskey classifiable under subheading 2208.30 of the HTS, this subsection shall be applied and administered-- ``(A) by substituting `6-digit HTS subheading number' for `8-digit HTS subheading number' each place it appears; and ``(B) in paragraph (6)(A), by substituting `6 digits' for `8 digits'.''. (c) Effective Date.--The amendments made by this section shall take effect and apply to drawback claims filed upon or after the date of enactment of this Act. <all>

Duty Drawback Clarification Ac

To clarify the treatment of drawback on distilled spirits, and for other purposes.

Duty Drawback Clarification Ac

Rep. Yarmuth, John A.

D

KY

H.R.779

Education

Transformational Reforms and Updates to Ensure Educational Quality and Urgent Investments in Today's Youth Act of 2021 or the TRUE EQUITY Act This bill establishes various grant programs to address educational inequities in elementary and secondary schools. Specifically, the bill creates grant programs related to (1) early childhood education, (2) high-quality and diverse teachers and leaders, (3) college and career readiness pathways, and (4) additional resources for at-risk students. For each grant program, the Department of Education (ED) must award a single grant to an eligible state. To be eligible for a grant, a state must establish an independent state oversight board. The oversight board must, among other duties (1) determine whether the state and its local educational agencies (LEAs) have met state educational equity goals, and (2) hold them accountable for failing to meet those goals. ED may renew a grant if the oversight board determines the state has met its goals. In addition, for each grant program, the bill outlines the activities authorized under the program, maintenance-of-effort requirements, and matching fund requirements. Finally, the bill permits ED to enter into a local flexibility demonstration agreement, through which a state educational agency may use funds to develop and implement a school funding system based on weighted per-pupil allocations for low-income and disadvantaged students. (Currently, ED may enter into these agreements with LEAs.)

To provide for a Federal partnership to ensure educational equity and quality. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Transformational Reforms and Updates to Ensure Educational Quality and Urgent Investments in Today's Youth Act of 2021'' or the ``TRUE EQUITY Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The fate of our Nation and the opportunities it creates for our children and grandchildren to enjoy successful careers and rewarding lives depends on the quality, equal access, and effectiveness of pre-kindergarten through twelfth grade education in every local school district across the country. (2) Our education systems must prepare students to compete in an interconnected, global economy. (3) Despite the current combinations of Federal, State, and local funding and innovative educational policies, States with historically well regarded kindergarten through grade 12 education systems may find their students falling behind their peers nationally and internationally. In Maryland, a State with a historically well regarded kindergarten through grade 12 education system, fourth and eighth graders placed in the middle of the pack nationally in reading and math scores on the National Assessment of Education Progress. (4) The United States as a whole scored well down the second quartile among students from 72 countries on the Programme for International Student Assessment. (5) Even in States with reading and math scores higher than the national average, there may be significant and persistent racial, ethnic, and income disparity gaps between students of color and low-income students compared to their higher income and white peers. (6) These same disparities carry into college enrollment, with fewer students of color and low-income students enrolling in college than their higher income and white peers. (7) The novel coronavirus (COVID-19) health pandemic forced the physical closure of schools nationwide in March 2020, moving students from the classroom to online learning. The public health necessity to turn to online learning further exacerbated the significant and persistent racial, ethnic, and income disparity learning gaps as students struggled to access educational technology devices and the internet. (8) At the start of online learning, Maryland school districts reported that on average, nearly 25 percent of Maryland students had not logged into their new online classrooms or picked up paper work packets, falling out of sight and behind their peers. (9) Millions of children are falling further behind as a result of opportunity gaps that fail to provide students with ready access to individualized instruction, healthy meals, mental health counseling services, and hands on career training programs. (10) In order to address these inequities in education and harm caused by COVID-19, certain States, including Maryland, have researched and proposed bold, transformative Federal, State, and local funding and policy changes to their pre- kindergarten through twelfth grade education systems, with five main policy recommendations under the Maryland Commission on Innovation & Excellence in Education that include the following: (A) Investing in high-quality early childhood education and care through a significant expansion of full day pre-school, to be free for all low-income three- and four-year-olds, so that all children have the opportunity to begin kindergarten ready to learn. (B) Investing in teachers and school leaders by elevating the standards and status of the teaching profession, including a performance-based career ladder and salaries comparable to other fields with similar education requirements. (C) Creating a world-class instructional system with an internationally benchmarked curriculum that enables most students to achieve ``college and career ready'' status by 10th grade and then pursue pathways that include early college, Advanced Placement courses, or a rigorous technical education leading to industry- recognized credentials and high paying jobs. (D) Providing supports to students that need it the most with broad and sustained support for schools serving high concentrations of poverty, with after school and summer academic programs and student access to needed health and social services. (E) Ensuring excellence for all through an accountability-oversight board that has the authority to ensure transformative education system recommendations are successfully implemented and produce the desired improvements in student achievement. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) no matter a child's zip code, they deserve equal access to a quality, public pre-kindergarten through twelfth grade education; (2) no inequities in student achievement, college enrollment, or Federal, State, and local funding should be tolerated; (3) the Federal Government should live up to its original commitment in 1975 under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) to provide 40 percent of the cost to educate children with disabilities and assist State educational agencies and local educational agencies in providing a free appropriate public education; and (4) the Federal Government should be an active partner with State educational agencies and local educational agencies that are willing to modify policies and commit additional State and local resources to address education inequities. SEC. 4. DEFINITIONS. In this Act: (1) Local educational agency.--The term ``local 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). (2) Secretary.--The term ``Secretary'' means the Secretary of Education. (3) State educational agency.--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). TITLE I--EARLY CHILDHOOD EDUCATION SEC. 101. EARLY CHILDHOOD EDUCATION GRANT PROGRAM. (a) Authorization.-- (1) In general.--The Secretary shall award a single grant, on a competitive basis, to an eligible State to enable the State to carry out the authorized activities described in subsection (c). (2) Eligible state.--In this section, the term ``eligible State'' means a State-- (A) that has established a State Oversight Board as described in section 501; and (B) that commits to educational equity. (3) Duration; renewal.--The grant awarded under this section shall be for a 2-year duration, and may be renewed by the Secretary for not more than 4 additional 2-year periods if the State Oversight Board of the State determines that the State has met the educational equity goals of the State, as described in section 501. (4) Maintenance of effort.--If the Secretary does not renew a grant awarded under this section to a State for an additional 2-year period for failure to meet the educational equity goals of the State, the State shall provide, from non-Federal sources, amounts for such 2-year period that are not less than the sum of the grant amount provided by the Secretary and the matching funds provided by the State under subsection (d) for the initial 2-year grant period. (b) Application.--An eligible State that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including providing the State's educational equity goals and the accountability consequences for the State and local educational agencies in the State if the State Oversight Board determines that the State or a local educational agency fails to meet the educational equity goals of the State, including the potential withholding of funds, as described in section 501. (c) Authorized Activities.-- (1) In general.--An eligible State that receives a grant under this section shall use the grant funds to carry out activities authorized under the following provisions: (A) Section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419 and 1431 et seq.). (B) Paragraphs (1)(B)(i), (5)(A), and (5)(B) of section 640(a) of the Head Start Act (42 U.S.C. 9835(1)(B)(i), (5)(A), and (5)(B)). (C) Section 9212 of the Every Student Succeeds Act (42 U.S.C. 9831 note). (2) Subgrants.--An eligible State that receives a grant under this section may use the grant funds to award subgrants to local educational agencies to carry out the activities described in paragraph (1). (3) Compliance with programs.--In using grant funds provided under this section or subgrant funds provided under paragraph (2) to carry out the activities described in paragraph (1), the eligible State or local educational agency shall comply with the requirements of the programs under which such activities are authorized. (d) Matching Requirement.--Each eligible State that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 200 percent of the amount of the grant (which may be provided in cash or in kind) to carry out the activities supported by the grant. (e) Supplement, Not Supplant.--An eligible State shall use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from State and local sources for activities described in subsection (c), and not to supplant such funds. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $275,000,000 for fiscal year 2021; (2) $288,750,000 for fiscal year 2022; (3) $303,187,500 for fiscal year 2023; (4) $318,346,875 for fiscal year 2024; (5) $334,264,219 for fiscal year 2025; (6) $350,977,430 for fiscal year 2026; (7) $368,526,301 for fiscal year 2027; (8) $386,952,616 for fiscal year 2028; (9) $406,300,247 for fiscal year 2029; and (10) $426,615,259 for fiscal year 2030. TITLE II--HIGH-QUALITY AND DIVERSE TEACHERS AND LEADERS SEC. 201. HIGH-QUALITY AND DIVERSE TEACHERS AND LEADERS GRANT PROGRAM. (a) Authorization.-- (1) In general.--The Secretary shall award a single grant, on a competitive basis, to an eligible State to enable the State to carry out the authorized activities described in subsection (c). (2) Eligible state.--In this section, the term ``eligible State'' means a State-- (A) that has established a State Oversight Board as described in section 501; and (B) that commits to educational equity. (3) Duration; renewal.--The grant awarded under this section shall be for a 2-year duration, and may be renewed by the Secretary for not more than 4 additional 2-year periods if the State Oversight Board of the State determines that the State has met the educational equity goals of the State, as described in section 501. (4) Maintenance of effort.--If the Secretary does not renew a grant awarded under this section to a State for an additional 2-year period for failure to meet the educational equity goals of the State, the State shall provide, from non-Federal sources, amounts for such 2-year period that are not less than the sum of the grant amount provided by the Secretary and the matching funds provided by the State under subsection (d) for the initial 2-year grant period. (b) Application.--An eligible State that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including providing the State's educational equity goals and the accountability consequences for the State and local educational agencies in the State if the State Oversight Board determines that the State or a local educational agency fails to meet the educational equity goals of the State, including the potential withholding of funds, as described in section 501. (c) Authorized Activities.-- (1) In general.--An eligible State that receives a grant under this section shall use the grant funds to carry out activities authorized under the following provisions: (A) Section 2101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6611). (B) Subpart 1 of part B of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6631 et seq.). (C) Sections 2242, 2243, and 2245 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6672, 6673, and 6675). (D) Section 3131 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6861). (E) Subparts 1 and 2 of part D of the Individuals with Disabilities Education Act (20 U.S.C. 1451 et seq. and 1461 et seq.). (2) Subgrants.--An eligible State that receives a grant under this section may use the grant funds to award subgrants to local educational agencies to carry out the activities described in paragraph (1). (3) Compliance with programs.--In using grant funds provided under this section or subgrant funds provided under paragraph (2) to carry out the activities described in paragraph (1), the eligible State or local educational agency shall comply with the requirements of the programs under which such activities are authorized. (d) Matching Requirement.--Each eligible State that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 200 percent of the amount of the grant (which may be provided in cash or in kind) to carry out the activities supported by the grant. (e) Supplement, Not Supplant.--An eligible State shall use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from State and local sources for activities described in subsection (c), and not to supplant such funds. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $340,000,000 for fiscal year 2021; (2) $357,000,000 for fiscal year 2022; (3) $374,850,000 for fiscal year 2023; (4) $393,592,500 for fiscal year 2024; (5) $413,272,125 for fiscal year 2025; (6) $433,935,731 for fiscal year 2026; (7) $455,632,518 for fiscal year 2027; (8) $478,414,144 for fiscal year 2028; (9) $502,334,851 for fiscal year 2029; and (10) $527,451,594 for fiscal year 2030. TITLE III--COLLEGE AND CAREER READINESS PATHWAYS SEC. 301. COLLEGE AND CAREER READINESS PATHWAYS GRANT PROGRAM. (a) Authorization.-- (1) In general.--The Secretary shall award a single grant, on a competitive basis, to an eligible State to enable the State to carry out the authorized activities described in subsection (c). (2) Eligible state.--In this section, the term ``eligible State'' means a State-- (A) that has established a State Oversight Board as described in section 501; and (B) that commits to educational equity. (3) Duration; renewal.--The grant awarded under this section shall be for a 2-year duration, and may be renewed by the Secretary for not more than 4 additional 2-year periods if the State Oversight Board of the State determines that the State has met the educational equity goals of the State, as described in section 501. (4) Maintenance of effort.--If the Secretary does not renew a grant awarded under this section to a State for an additional 2-year period for failure to meet the educational equity goals of the State, the State shall provide, from non-Federal sources, amounts for such 2-year period that are not less than the sum of the grant amount provided by the Secretary and the matching funds provided by the State under subsection (d) for the initial 2-year grant period. (b) Application.--An eligible State that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including providing the State's educational equity goals and the accountability consequences for the State and local educational agencies in the State if the State Oversight Board determines that the State or a local educational agency fails to meet the educational equity goals of the State, including the potential withholding of funds, as described in section 501. (c) Authorized Activities.-- (1) In general.--An eligible State that receives a grant under this section shall use the grant funds to carry out activities authorized under the following provisions: (A) Section 135 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2355). (B) Subpart 11 of part A of title IV of the Higher Education Act of 1965, as added by section 302 of this Act. (2) Subgrants.--An eligible State that receives a grant under this section may use the grant funds to award subgrants to local educational agencies to carry out the activities described in paragraph (1). (3) Compliance with programs.--In using grant funds provided under this section or subgrant funds provided under paragraph (2) to carry out the activities described in paragraph (1), the eligible State or local educational agency shall comply with the requirements of the programs under which such activities are authorized. (d) Matching Requirement.--Each eligible State that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 200 percent of the amount of the grant (which may be provided in cash or in kind) to carry out the activities supported by the grant. (e) Supplement, Not Supplant.--An eligible State shall use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from State and local sources for activities described in subsection (c), and not to supplant such funds. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $50,000,000 for fiscal year 2021; (2) $52,500,000 for fiscal year 2022; (3) $55,125,000 for fiscal year 2023; (4) $57,881,250 for fiscal year 2024; (5) $60,775,312 for fiscal year 2025; (6) $63,814,077 for fiscal year 2026; (7) $67,004,780 for fiscal year 2027; (8) $70,355,019 for fiscal year 2028; (9) $73,872,770 for fiscal year 2029; and (10) $77,566,408 for fiscal year 2030. SEC. 302. JUMPSTART TO COLLEGE GRANT PROGRAMS. Part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) is amended by adding at the end the following: ``Subpart 11--Jumpstart to College ``SEC. 420T. DEFINITIONS. ``In this subpart: ``(1) Eligible entity.--The term `eligible entity' means an institution of higher education in partnership with one or more local educational agencies (which may be an educational service agency). Such partnership may also include other entities such as nonprofit organizations or businesses, and schools in juvenile detention centers. ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 101. ``(3) ESEA terms.--The terms `dual or concurrent enrollment program', `early college high school', `educational service agency', `four-year adjusted cohort graduation rate', `local educational agency', `secondary school', and `State' have meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965. ``(4) Low-income student.--The term `low-income student' means a student counted under section 1124(c) of the Elementary and Secondary Education Act of 1965. ``(5) Recognized postsecondary credential.--The term `recognized postsecondary credential' has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ``SEC. 420U. AUTHORIZATION OF APPROPRIATIONS. ``To carry out this subpart, there are authorized to be appropriated $137,500,000 for fiscal year 2021 and each of the five succeeding fiscal years. ``SEC. 420V. GRANTS TO STATES. ``(a) In General.--The Secretary shall award a single grant to a State, on a competitive basis, to assist the State in supporting or establishing early college high schools or dual or concurrent enrollment programs. ``(b) Duration.--The grant under this section shall be awarded for a period of 2 years, and may be renewed by the Secretary for not more than 4 additional 2-year periods. ``(c) Grant Amount.--The Secretary shall ensure that the amount of the grant under this section is sufficient to enable the grantee to carry out the activities described in subsection (f). ``(d) Matching Requirement.--For each year that a State receives a grant under this section, the State shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant received by the State for such year to carry out the activities supported by the grant. ``(e) Supplement, Not Supplant.--A State shall use a grant received under this section only to supplement funds that would, in the absence of such grant, be made available from other Federal, State, or local sources for activities supported by the grant, not to supplant such funds. ``(f) Uses of Funds.-- ``(1) Mandatory activities.--A State shall use grant funds received under this section to-- ``(A) support the activities described in its application under subsection (g); ``(B) plan and implement a statewide strategy for expanding access to early college high schools and dual or concurrent enrollment programs for students who are underrepresented in higher education to raise statewide rates of secondary school graduation, readiness for postsecondary education, and completion of recognized postsecondary credentials, with a focus on students academically at risk of not enrolling in or completing postsecondary education; ``(C) identify any obstacles to such a strategy under State law or policy; ``(D) provide technical assistance (either directly or through a knowledgeable intermediary) to early college high schools and other dual or concurrent enrollment programs, which may include-- ``(i) brokering relationships and agreements that forge a strong partnership between elementary and secondary and postsecondary partners; and ``(ii) offering statewide training, professional development, and peer learning opportunities for school leaders, instructors, and counselors or advisors; ``(E) identify and implement policies that will improve the effectiveness and ensure the quality of early college high schools and dual or concurrent enrollment programs, such as eligibility and access, funding, data and quality assurance, governance, accountability, and alignment policies; ``(F) update the State's requirements for a student to receive a regular high school diploma to align with the challenging State academic standards and entrance requirements for credit-bearing coursework as described in subparagraphs (A) and (D) of section 1111(b)(1) of the Elementary and Secondary Education Act of 1965; ``(G) incorporate indicators regarding student access to and completion of early college high schools and dual or concurrent enrollment programs into the school quality and student success indicators included in the State system of annual meaningful differentiation as described under section 1111(c)(4)(B)(v)(I) of the Elementary and Secondary Education Act of 1965; ``(H) disseminate best practices for early college high schools and dual or concurrent enrollment programs, which may include best practices from programs in the State or other States; ``(I) facilitate statewide secondary and postsecondary data collection, research and evaluation, and reporting to policymakers and other stakeholders; and ``(J) conduct outreach programs to ensure that secondary school students, their families, and community members are aware of early college high schools and dual or concurrent enrollment programs in the State. ``(2) Allowable activities.--A State may use grant funds received under this section to-- ``(A) establish a mechanism to offset the costs of tuition, fees, standardized testing and performance assessment costs, and support services for low-income students, and students from underrepresented populations enrolled in early college and high schools or dual or concurrent enrollment; ``(B) establish formal transfer systems within and across State higher education systems, including two- year and four-year public and private institutions, to maximize the transferability of college courses; ``(C) provide incentives to school districts that-- ``(i) assist high school teachers in getting the credentials needed to participate in early college high school programs and dual or concurrent enrollment; and ``(ii) encourage the use of college instructors to teach college courses in high schools; ``(D) support initiatives to improve the quality of early college high school and dual or concurrent enrollment programs at participating institutions; and ``(E) reimburse low-income students to cover part or all of the costs of an Advanced Placement or International Baccalaureate examination. ``(g) State Applications.-- ``(1) Application.--To be eligible to receive a grant under this section, 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) Contents of application.--The application under paragraph (1) shall include, at minimum, a description of-- ``(A) how the State will carry out the mandatory State activities described in subsection (f)(1); ``(B) how the State will ensure that any programs funded with a grant under this section are coordinated with programs under-- ``(i) the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.); ``(ii) the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.); ``(iii) the Elementary and Secondary Education Act of 1965; and ``(iv) the Individuals with Disabilities Education Act; ``(C) how the State intends to use grant funds to address achievement gaps for each category of students described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965; ``(D) how the State will access and leverage additional resources necessary to sustain early college high schools or other dual or concurrent enrollment programs; ``(E) how the State will identify and eliminate barriers to implementing effective early college high schools and dual or concurrent enrollment programs after the grant expires, including by engaging businesses and nonprofit organizations; and ``(F) such other information as the Secretary determines to be appropriate.''. TITLE IV--MORE RESOURCES TO ENSURE ALL STUDENTS ARE SUCCESSFUL SEC. 401. STUDENT SUCCESS GRANT PROGRAM. (a) Authorization.-- (1) In general.--The Secretary shall award a single grant, on a competitive basis, to an eligible State to enable the State to carry out the authorized activities described in subsection (c). (2) Eligible state.--In this section, the term ``eligible State'' means a State-- (A) that has established a State Oversight Board as described in section 501; and (B) that commits to educational equity. (3) Duration; renewal.--The grant awarded under this section shall be for a 2-year duration, and may be renewed by the Secretary for not more than 4 additional 2-year periods if the State Oversight Board of the State determines that the State has met the educational equity goals of the State, as described in section 501. (4) Maintenance of effort.--If the Secretary does not renew a grant awarded under this section to a State for an additional 2-year period for failure to meet the educational equity goals of the State, the State shall provide, from non-Federal sources, amounts for such 2-year period that are not less than the sum of the grant amount provided by the Secretary and the matching funds provided by the State under subsection (d) for the initial 2-year grant period. (b) Application.--An eligible State that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including providing the State's educational equity goals and the accountability consequences for the State and local educational agencies in the State if the State Oversight Board determines that the State or a local educational agency fails to meet the educational equity goals of the State, including the potential withholding of funds, as described in section 501. (c) Authorized Activities.-- (1) In general.--An eligible State that receives a grant under this section shall use the grant funds to carry out activities authorized under the following provisions: (A) Part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.). (B) Part C of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6391 et seq.). (C) Part D of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6421 et seq.). (D) Part E of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6491 et seq.). (E) Subparts 2 and 3 of part B of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6641 et seq. and 6661 et seq.). (F) Subpart 1 of part A of title III of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6821 et seq.). (G) Subpart 1 of part A of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7111 et seq.). (H) Part B of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171 et seq.). (I) Part D of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7231 et seq.). (J) Sections 4624 and 4625 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7274 and 7275). (K) Section 4641 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7291 et seq.). (L) Section 611 of the Individuals with Disabilities Education Act (20 U.S.C. 1411). (2) Subgrants.--An eligible State that receives a grant under this section may use the grant funds to award subgrants to local educational agencies to carry out the activities described in paragraph (1). (3) Compliance with programs.--In using grant funds provided under this section or subgrant funds provided under paragraph (2) to carry out the activities described in paragraph (1), the eligible State or local educational agency shall comply with the requirements of the programs under which such activities are authorized. (d) Matching Requirement.--Each eligible State that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 200 percent of the amount of the grant (which may be provided in cash or in kind) to carry out the activities supported by the grant. (e) Supplement, Not Supplant.--An eligible State shall use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from State and local sources for activities described in subsection (c), and not to supplant such funds. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $750,000,000 for fiscal year 2021; (2) $787,500,000 for fiscal year 2022; (3) $826,875,000 for fiscal year 2023; (4) $868,218,750 for fiscal year 2024; (5) $911,629,688 for fiscal year 2025; (6) $957,211,172 for fiscal year 2026; (7) $1,005,071,731 for fiscal year 2027; (8) $1,055,325,318 for fiscal year 2028; (9) $1,108,091,584 for fiscal year 2029; and (10) $1,163,496,163 for fiscal year 2030. TITLE V--GOVERNANCE AND ACCOUNTABILITY SEC. 501. STATE OVERSIGHT BOARDS. (a) In General.--In order to be eligible to receive a grant under title I, II, III, or IV, a State shall establish a State Oversight Board that is independent of the State educational agency, ensures educational equity in the State, and holds the State educational agency and local educational agencies in the State accountable for failure to meet such educational equity. (b) Authority of State Oversight Boards.--A State Oversight Board established pursuant to this section shall-- (1) determine implementation plans and guidelines for the State educational agency and local educational agencies in the State to meet the educational equity goals determined by the State under subsection (c); (2) determine whether the State and local educational agencies in the State have met the educational equity goals determined by the State; (3) hold the State and local educational agencies in the State accountable for a failure to meet the educational equity goals, pursuant to the accountability consequences described under subsection (c); and (4) provide to the Secretary, on an annual basis, the progress of the State and local educational agencies in the State towards meeting the educational equity goals. (c) Authority of State.--A State that establishes a State Oversight Board under this section shall determine-- (1) the educational equity goals of the State, that includes a requirement that the State and local educational agencies in the State maintain a level of financial support for elementary and secondary education that is not less than the level of such support for fiscal year 2019; and (2) the accountability consequences for the State and local educational agencies in the State if the State Oversight Board determines that the State or a local educational agency fails to meet the educational equity goals of the State, including the potential withholding of funds. (d) Technical Assistance and Oversight.-- (1) In general.--The Secretary and the Office for Civil Rights of the Department of Education shall provide technical assistance-- (A) to States in implementing the educational equity goals of the State; and (B) to State Oversight Boards in carrying out subsection (b), including in determining whether the State and local educational agencies in the State have met the educational equity goals determined by the State. (2) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $1,000,000 for each fiscal year. TITLE VI--STATE FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING SEC. 601. STATE FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING. Section 1501 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6491) is amended-- (1) in subsection (a), by inserting ``and certain State educational agencies on behalf of a State's local educational agencies'' after ``local educational agencies''; (2) in subsection (b)-- (A) in paragraph (1)(A), by inserting ``and certain State educational agencies on behalf of a State's local educational agencies'' after ``local educational agencies''; and (B) in paragraph (2), by inserting ``and certain State educational agencies on behalf of a State's local educational agencies'' after ``local educational agencies''; (3) in subsection (c)-- (A) in paragraph (1), by inserting ``or 1 State educational agency on behalf of the State's local educational agencies'' after ``local educational agencies''; (B) in paragraph (2)-- (i) in the matter preceding subparagraph (A), by inserting ``or State educational agency'' after ``local educational agency''; and (ii) in subparagraph (A), by inserting ``or consolidated State'' after ``local''; and (C) in paragraph (3)-- (i) by striking ``any local'' and inserting ``any''; and (ii) by striking ``the local'' and inserting ``the''; (4) in subsection (d)-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A)-- (I) by striking ``Each local'' and inserting ``Each''; and (II) by inserting ``or consolidated State'' after ``local''; (ii) in subparagraph (A)(ii), by striking ``local''; (iii) in subparagraph (B), by striking ``local''; (iv) in subparagraph (C), by striking ``local educational'' and inserting ``educational''; (v) in subparagraph (G), by striking ``local educational'' and inserting ``educational''; (vi) in subparagraph (H), by striking ``local educational'' and inserting ``educational''; (vii) in subparagraph (I), by striking ``local educational'' and inserting ``educational''; and (viii) in subparagraph (G), by striking ``local educational'' and inserting ``educational''; (B) in paragraph (2)-- (i) in subparagraph (A), by striking ``local educational'' each place the term appears and inserting ``educational''; (ii) in subparagraph (B), by striking ``local educational'' each place the term appears and inserting ``educational''; and (iii) in subparagraph (C), by striking ``local educational'' and inserting ``educational''; (5) in subsection (e), by striking ``local educational'' and inserting ``educational''; (6) in subsection (f)-- (A) by striking ``local educational'' and inserting ``educational''; and (B) by inserting ``or consolidated State'' after ``local''; (7) in subsection (g), by inserting ``or consolidated State'' after ``local''; (8) in subsection (h)-- (A) by striking ``local educational'' and inserting ``educational''; and (B) by inserting ``or consolidated State'' after ``local''; (9) in subsection (i), by striking ``local educational'' each place the term appears and inserting ``educational''; (10) in subsection (j), by inserting ``or consolidated State'' after ``local''; (11) in subsection (k)-- (A) by striking ``local educational'' and inserting ``educational''; and (B) by inserting ``or consolidated State'' after ``local'' each place the term appears; (12) in subsection (l)-- (A) in paragraph (1)-- (i) by inserting ``or State educational agency'' after ``local educational agency''; (ii) in subparagraph (D), by striking ``and'' after the semicolon; (iii) in subparagraph (E), by striking the period at the end and inserting a semicolon; and (iv) by adding at the end the following: ``(F) title I of the TRUE EQUITY Act; ``(G) title II of the TRUE EQUITY Act; ``(H) title III of the TRUE EQUITY Act; and ``(I) title IV of the TRUE EQUITY Act.''; and (B) in paragraph (2), by striking ``is in the highest 2 quartiles of schools served by a local educational agency, based on the percentage of enrolled students from low-income families'' and inserting ``serves students not less than 55 percent of whom are students are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.)''; and (13) by adding at the end the following: ``(m) Funding Flexibility for TRUE EQUITY Act Funds.-- ``(1) Technical assistance.--A State educational agency that submits a consolidated State flexibility demonstration agreement under this section shall provide technical assistance to local educational agencies in the State that desire to participate in the program under this section in submitting applications to enter into local flexibility demonstration agreements with the Secretary. ``(2) Duration and renewal.--Notwithstanding any other provision of this section, the Secretary-- ``(A) is authorized to enter into local flexibility demonstration agreements for not more than 2 years with local educational agencies that are selected under subsection (c) and submit proposed agreements that meet the requirements of subsection (d) for flexibility to consolidate eligible Federal funds that are described in subparagraph (F), (G), (H), or (I) of subsection (l); and ``(B) may renew for not more than 4 additional 2- year terms a local flexibility demonstration agreement described in subparagraph (A).''. <all>

TRUE EQUITY Act

To provide for a Federal partnership to ensure educational equity and quality.

TRUE EQUITY Act Transformational Reforms and Updates to Ensure Educational Quality and Urgent Investments in Today's Youth Act of 2021

Rep. Trone, David J.

D

MD

H.R.5062

Immigration

Americans not Aliens Act This bill prohibits an alien who has been ordered removed from receiving employment authorization. Currently, an individual who has been ordered removed may receive employment authorization if the Department of Justice finds that the individual's removal is impracticable or contrary to the public interest.

To prohibit employment authorization for aliens with final orders of removal, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Americans not Aliens Act''. SEC. 2. PROHIBITING EMPLOYMENT AUTHORIZATION FOR CERTAIN ALIENS. Section 241(a)(7) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(7)) is amended by striking ``unless the Attorney General'' and all that follows through ``to the public interest''. <all>

Americans not Aliens Act

To prohibit employment authorization for aliens with final orders of removal, and for other purposes.

Americans not Aliens Act

Rep. Gosar, Paul A.

R

AZ

H.R.2021

Environmental Protection

Environmental Justice For All Act This bill establishes several environmental justice requirements, advisory bodies, and programs and modifies the scope of environmental review under the National Environmental Policy Act of 1969. The bill sets forth provisions to address the disproportionate adverse human health or environmental effects of federal laws or programs on communities of color, low-income communities, or tribal and indigenous communities. It also prohibits disparate impacts on the basis of race, color, or national origin as discrimination. Aggrieved persons may seek legal remedy when faced with such discrimination. In addition, the bill directs agencies to follow certain requirements concerning environmental justice. For example, agencies must prepare community impact reports that assess the potential impacts of their actions on environmental justice communities under certain circumstances. It also raises coal, oil, and gas royalty rates to create a funding source to support fossil fuel-dependent communities and displaced workers as they transition away from fossil fuel industries. Additionally, the bill creates a variety of advisory bodies and positions, such as the White House Environmental Justice Interagency Council. Among other things, the council must issue an environmental justice strategy. It also establishes requirements and programs concerning chemicals or toxic ingredients in certain products. For example, the bill (1) requires certain products (e.g., cosmetics) to include a list of ingredients or warnings; and (2) provides grants for research on designing safer alternatives to chemicals in certain consumer, cleaning, toy, or baby products that have an inherent toxicity or that are associated with chronic adverse health effects. Finally, it creates a variety of funding programs, such as a grant program to enhance access to park and recreational opportunities in urban areas.

To restore, reaffirm, and reconcile environmental justice and civil 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; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Environmental Justice For All Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings; statement of policy. Sec. 3. Definitions. Sec. 4. Prohibited discrimination. Sec. 5. Right of action. Sec. 6. Rights of recovery. Sec. 7. Consideration of cumulative impacts and persistent violations in certain permitting decisions. Sec. 8. White House Environmental Justice Interagency Council. Sec. 9. Federal agency actions and responsibilities. Sec. 10. Ombuds. Sec. 11. Access to parks, outdoor spaces, and public recreation opportunities. Sec. 12. Transit to trails grant program. Sec. 13. Repeal of sunset for the Every Kid Outdoors program. Sec. 14. Protections for environmental justice communities against harmful Federal actions. Sec. 15. Training of employees of Federal agencies. Sec. 16. Environmental justice grant programs. Sec. 17. Environmental justice basic training program. Sec. 18. National Environmental Justice Advisory Council. Sec. 19. Environmental Justice Clearinghouse. Sec. 20. Public meetings. Sec. 21. Environmental projects for environmental justice communities. Sec. 22. Grants to further achievement of Tribal coastal zone objectives. Sec. 23. Cosmetic labeling. Sec. 24. Safer cosmetic alternatives for disproportionately impacted communities. Sec. 25. Safer child care centers, schools, and homes for disproportionately impacted communities. Sec. 26. Certain menstrual products misbranded if labeling does not include ingredients. Sec. 27. Support by National Institute of Environmental Health Sciences for research on health disparities impacting communities of color. Sec. 28. Revenues for just transition assistance. Sec. 29. Economic revitalization for fossil fuel-dependent communities. Sec. 30. Evaluation by Comptroller General of the United States. SEC. 2. FINDINGS; STATEMENT OF POLICY. (a) Findings.--Congress finds the following: (1) Communities of color, low-income communities, Tribal and Indigenous communities, fossil fuel-dependent communities, and other vulnerable populations, such as persons with disabilities, children, and the elderly, are disproportionately burdened by environmental hazards that include exposure to polluted air, waterways, and landscapes. (2) Environmental justice disparities are also exhibited through a lack of equitable access to green spaces, public recreation opportunities, and information and data on potential exposure to environmental hazards. (3) Communities experiencing environmental injustice have been subjected to systemic racial, social, and economic injustices and face a disproportionate burden of adverse human health or environmental effects, a higher risk of intentional, unconscious, and structural discrimination, and disproportionate energy burdens. (4) Environmental justice communities have been made more vulnerable to the effects of climate change due to a combination of factors, particularly the legacy of segregation and historically racist zoning codes, and often have the least resources to respond, making it a necessity for environmental justice communities to be meaningfully engaged as partners and stakeholders in government decision making as the United States builds its climate resilience. (5) Potential environmental and climate threats to environmental justice communities merit a higher level of engagement, review, and consent to ensure that communities are not forced to bear disproportionate environmental and health impacts. (6) The burden of proof that a proposed action will not harm communities, including through cumulative exposure effects, should fall on polluting industries and on the Federal Government in its regulatory role, not the communities themselves. (7) Executive Order 12898 (42 U.S.C. 4321 note; relating to Federal actions to address environmental justice in minority populations and low-income populations) directs Federal agencies to address disproportionately high and adverse human health or environmental effects of its programs, but Federal agencies have been inconsistent in updating their strategic plans for environmental justice and reporting on their progress in enacting those plans. (8) Government action to correct environmental injustices is a moral imperative. Federal policy can and should improve public health and improve the overall well-being of all communities. (9) All people have the right to breathe clean air, drink clean water, live free of dangerous levels of toxic pollution, and share the benefits of a prosperous and vibrant pollution- free economy. (10) A fair and just transition to a pollution-free economy is necessary to ensure that workers and communities in deindustrialized areas have access to the resources and benefits of a sustainable future. That transition must also address the economic disparities experienced by residents living in areas contaminated by pollution or environmental degradation, including access to jobs, and members of those communities must be fully and meaningfully involved in transition planning processes. (11) It is the responsibility of the Federal Government to seek to achieve environmental justice, health equity, and climate justice for all communities. (b) Statement of Policy.--It is the policy of Congress that each Federal agency should-- (1) seek to achieve environmental justice as part of its mission by identifying and addressing, as appropriate, disproportionately adverse human health or environmental effects of its programs, policies, practices, and activities on communities of color, low-income communities, and Tribal and Indigenous communities in each State and territory of the United States; (2) promote meaningful involvement by communities and due process in the development, implementation, and enforcement of environmental laws; (3) provide direct guidance and technical assistance to communities experiencing environmental injustice focused on increasing shared understanding of the science, laws, regulations, and policy related to Federal agency action on environmental justice issues; (4) cooperate with State governments, Tribal Governments, and local governments to address pollution and public health burdens in communities experiencing environmental injustice, and build healthy, sustainable, and resilient communities; and (5) recognize the right of all people to clean air, safe and affordable drinking water, protection from climate hazards, and the sustainable preservation of the ecological integrity and aesthetic, scientific, cultural, and historical values of the natural environment. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Advisory council.--The term ``Advisory Council'' means the National Environmental Justice Advisory Council established by the President under section 18. (3) Clearinghouse.--The term ``Clearinghouse'' means the Environmental Justice Clearinghouse established by the Administrator under section 19. (4) Community of color.--The term ``community of color'' means a geographically distinct area in which the population of any of the following categories of individuals is higher than the average population of that category for the State in which the community is located: (A) Black. (B) African American. (C) Asian. (D) Pacific Islander. (E) Other non-White race. (F) Hispanic. (G) Latino. (H) Linguistically isolated. (5) Director.--The term ``Director'' means the Director of the National Institute of Environmental Health Sciences. (6) Disparate impact.--The term ``disparate impact'' means an action or practice that, even if appearing neutral, actually has the effect of subjecting persons to discrimination on the basis of race, color, or national origin. (7) Disproportionate burden of adverse human health or environmental effects.--The term ``disproportionate burden of adverse human health or environmental effects'' means a situation where there exists higher or more adverse human health or environmental effects on communities of color, low- income communities, and Tribal and Indigenous communities. (8) Environmental justice.--The term ``environmental justice'' means the fair treatment and meaningful involvement of all people regardless of race, color, culture, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies to ensure that each person enjoys-- (A) the same degree of protection from environmental and health hazards; and (B) equal access to any Federal agency action on environmental justice issues in order to have a healthy environment in which to live, learn, work, and recreate. (9) Environmental justice community.--The term ``environmental justice community'' means a community with significant representation of communities of color, low-income communities, or Tribal and Indigenous communities, that experiences, or is at risk of experiencing higher or more adverse human health or environmental effects. (10) Environmental law.--The term ``environmental law'' includes-- (A) the Clean Air Act (42 U.S.C. 7401 et seq.); (B) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (C) the Energy Policy Act of 2005 (42 U.S.C. 15801 et seq.); (D) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (E) the Pollution Prevention Act of 1990 (42 U.S.C. 13101 et seq.); (F) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); (G) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); (H) the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.); and (I) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.). (11) Fair treatment.--The term ``fair treatment'' means the conduct of a program, policy, practice, or activity by a Federal agency in a manner that ensures that no group of individuals (including racial, ethnic, or socioeconomic groups) experience a disproportionate burden of adverse human health or environmental effects resulting from such program, policy, practice, or activity, as determined through consultation with, and with the meaningful participation of, individuals from the communities affected by a program, policy, practice, or activity of a Federal agency. (12) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (13) Local government.--The term ``local government'' means-- (A) a county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate governmental entity, or agency or instrumentality of a local government; or (B) an Indian Tribe or authorized Tribal organization, or Alaska Native village or organization, that is not a Tribal Government. (14) Low-income community.--The term ``low-income community'' means any census block group in which 30 percent or more of the population are individuals with an annual household income equal to, or less than, the greater of-- (A) an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and (B) 200 percent of the Federal poverty line. (15) Population.--The term ``population'' means a census block group or series of geographically contiguous blocks representing certain common characteristics, such as race, ethnicity, national origin, income-level, health disparities, or other public health and socioeconomic attributes. (16) State.--The term ``State'' means-- (A) any State of the United States; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) the United States Virgin Islands; (E) Guam; (F) American Samoa; and (G) the Commonwealth of the Northern Mariana Islands. (17) Tribal and indigenous community.--The term ``Tribal and Indigenous community'' means a population of people who are members of-- (A) a federally recognized Indian Tribe; (B) a State-recognized Indian Tribe; (C) an Alaska Native or Native Hawaiian community or organization; or (D) any other community of Indigenous people located in a State. (18) Tribal government.--The term ``Tribal Government'' means the governing body of an Indian Tribe. (19) White house interagency council.--The term ``White House interagency council'' means the White House Environmental Justice Interagency Council described in section 8. SEC. 4. PROHIBITED DISCRIMINATION. Section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d) is amended-- (1) by striking ``No'' and inserting ``(a) No''; and (2) by adding at the end the following: ``(b)(1)(A) Discrimination (including exclusion from participation and denial of benefits) based on disparate impact is established under this title if-- ``(i) an entity subject to this title (referred to in this subsection as a `covered entity') has a program, policy, practice, or activity that causes a disparate impact on the basis of race, color, or national origin and the covered entity fails to demonstrate that the challenged program, policy, practice, or activity is related to and necessary to achieve the nondiscriminatory goal of the program, policy, practice, or activity alleged to have been operated in a discriminatory manner; or ``(ii) a less discriminatory alternative program, policy, practice, or activity exists, and the covered entity refuses to adopt such alternative program, policy, practice, or activity. ``(B) With respect to demonstrating that a particular program, policy, practice, or activity does not cause a disparate impact, the covered entity shall demonstrate that each particular challenged program, policy, practice, or activity does not cause a disparate impact, except that if the covered entity demonstrates to the courts that the elements of the covered entity's decision-making process are not capable of separation for analysis, the decision-making process may be analyzed as 1 program, policy, practice, or activity. ``(2) A demonstration that a program, policy, practice, or activity is necessary to achieve the goals of a program, policy, practice, or activity may not be used as a defense against a claim of intentional discrimination under this title. ``(3) In this subsection-- ``(A) the term `demonstrates' means to meet the burdens of going forward with the evidence and of persuasion; and ``(B) the term `disparate impact' has the meaning given the term in section 3 of the Environmental Justice For All Act. ``(c) No person in the United States shall be subjected to discrimination, including retaliation or intimidation, because such person opposed any program, policy, practice, or activity prohibited by this title, or because such person made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this title.''. SEC. 5. RIGHT OF ACTION. (a) In General.--Section 602 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1) is amended-- (1) by inserting ``(a)'' before ``Each Federal department and agency which is empowered''; and (2) by adding at the end the following: ``(b) Any person aggrieved by the failure to comply with this title, including any regulation promulgated pursuant to this title, may file suit in any district court of the United States having jurisdiction of the parties, without respect to the amount in controversy and without regard to the citizenship of the parties.''. (b) Effective Date.-- (1) In general.--This section, including the amendments made by this section, takes effect on the date of enactment of this Act. (2) Application.--This section, including the amendments made by this section, applies to all actions or proceedings pending on or after the date of enactment of this Act. SEC. 6. RIGHTS OF RECOVERY. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) is amended by inserting after section 602 the following: ``SEC. 602A. ACTIONS BROUGHT BY AGGRIEVED PERSONS. ``(a) Claims Based on Proof of Intentional Discrimination.--In an action brought by an aggrieved person under this title against an entity subject to this title (referred to in this section as a `covered entity') who has engaged in unlawful intentional discrimination (not a practice that is unlawful because of its disparate impact) prohibited under this title (including its implementing regulations), the aggrieved person may recover equitable and legal relief (including compensatory and punitive damages), attorney's fees (including expert fees), and costs of the action, except that punitive damages are not available against a government, government agency, or political subdivision. ``(b) Claims Based on the Disparate Impact Standard of Proof.--In an action brought by an aggrieved person under this title against a covered entity who has engaged in unlawful discrimination based on disparate impact prohibited under this title (including implementing regulations), the aggrieved person may recover attorney's fees (including expert fees), and costs of the action. ``(c) Definitions.--In this section: ``(1) Aggrieved person.--The term `aggrieved person' means a person aggrieved by discrimination on the basis of race, color, or national origin. ``(2) Disparate impact.--The term `disparate impact' has the meaning given the term in section 3 of the Environmental Justice For All Act.''. SEC. 7. CONSIDERATION OF CUMULATIVE IMPACTS AND PERSISTENT VIOLATIONS IN CERTAIN PERMITTING DECISIONS. (a) Federal Water Pollution Control Act.--Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended-- (1) by striking the section designation and heading and all that follows through ``Except as'' in subsection (a)(1) and inserting the following: ``SEC. 402. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM. ``(a) Permits Issued by Administrator.-- ``(1) In general.--Except as''; (2) in subsection (a)-- (A) in paragraph (1)-- (i) by striking ``upon condition that such discharge will meet either (A) all'' and inserting the following: ``subject to the conditions that-- ``(A) the discharge will achieve compliance with, as applicable-- ``(i) all''; (ii) by striking ``403 of this Act, or (B) prior'' and inserting the following: ``403; or ``(ii) prior''; and (iii) by striking ``this Act.'' and inserting the following: ``this Act; and ``(B) with respect to the issuance or renewal of the permit-- ``(i) based on an analysis by the Administrator of existing water quality and the potential cumulative impacts (as defined in section 501 of the Clean Air Act (42 U.S.C. 7661)) of the discharge, considered in conjunction with the designated and actual uses of the impacted navigable water, there exists a reasonable certainty of no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation; or ``(ii) if the Administrator determines that, due to those potential cumulative impacts, there does not exist a reasonable certainty of no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, the permit or renewal includes such terms and conditions as the Administrator determines to be necessary to ensure a reasonable certainty of no harm.''; and (B) in paragraph (2), by striking ``assure compliance with the requirements of paragraph (1) of this subsection, including conditions on data and information collection, reporting, and such other requirements as he deems appropriate.'' and inserting the following: ``ensure compliance with the requirements of paragraph (1), including-- ``(A) conditions relating to-- ``(i) data and information collection; ``(ii) reporting; and ``(iii) such other requirements as the Administrator determines to be appropriate; and ``(B) additional controls or pollution prevention requirements.''; and (3) in subsection (b)-- (A) in each of paragraphs (1)(D), (2)(B), and (3) through (7), by striking the semicolon at the end and inserting a period; (B) in paragraph (8), by striking ``; and'' at the end and inserting a period; and (C) by adding at the end the following: ``(10) To ensure that no permit will be issued or renewed if, with respect to an application for the permit, the State determines, based on an analysis by the State of existing water quality and the potential cumulative impacts (as defined in section 501 of the Clean Air Act (42 U.S.C. 7661)) of the discharge, considered in conjunction with the designated and actual uses of the impacted navigable water, that the terms and conditions of the permit or renewal would not be sufficient to ensure a reasonable certainty of no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation.''. (b) Clean Air Act.-- (1) Definitions.--Section 501 of the Clean Air Act (42 U.S.C. 7661) is amended-- (A) in the matter preceding paragraph (1), by striking ``As used in this title--'' and inserting ``In this title:''; (B) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (5), and (4), respectively, and moving the paragraphs so as to appear in numerical order; and (C) by inserting after paragraph (1) the following: ``(2) Cumulative impacts.--The term `cumulative impacts' means any exposure to a public health or environmental risk, or other effect occurring in a specific geographical area, including from an emission, discharge, or release-- ``(A) including-- ``(i) environmental pollution released-- ``(I)(aa) routinely; ``(bb) accidentally; or ``(cc) otherwise; and ``(II) from any source, whether single or multiple; and ``(ii) as assessed based on the combined past, present, and reasonably foreseeable emissions and discharges affecting the geographical area; and ``(B) evaluated taking into account sensitive populations and other factors that may heighten vulnerability to environmental pollution and associated health risks, including socioeconomic characteristics.''. (2) Permit programs.--Section 502(b) of the Clean Air Act (42 U.S.C. 7661a(b)) is amended-- (A) in paragraph (5)-- (i) in subparagraphs (A) and (C), by striking ``assure'' each place it appears and inserting ``ensure''; and (ii) by striking subparagraph (F) and inserting the following: ``(F) ensure that no permit will be issued or renewed, as applicable, if-- ``(i) with respect to an application for a permit or renewal of a permit for a major source, the permitting authority determines under paragraph (9)(A)(i)(II)(bb) that the terms and conditions of the permit or renewal would not be sufficient to ensure a reasonable certainty of no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, of the applicable census block groups or Tribal census block groups (as those terms are defined by the Director of the Bureau of the Census); or ``(ii) the Administrator objects to the issuance of the permit in a timely manner under this title.''; and (B) by striking paragraph (9) and inserting the following: ``(9) Major sources.-- ``(A) In general.--With respect to any permit or renewal of a permit, as applicable, for a major source, a requirement that the permitting authority shall-- ``(i) in determining whether to issue or renew the permit-- ``(I) evaluate the potential cumulative impacts of the major source, as described in the applicable cumulative impacts analysis submitted under section 503(b)(3), taking into consideration other pollution sources and risk factors within a community; ``(II) if, due to those potential cumulative impacts, the permitting authority cannot determine that there exists a reasonable certainty of no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, of any census block groups or Tribal census block groups (as those terms are defined by the Director of the Bureau of the Census) located in, or immediately adjacent to, the area in which the major source is, or is proposed to be, located-- ``(aa) include in the permit or renewal such standards and requirements (including additional controls or pollution prevention requirements) as the permitting authority determines to be necessary to ensure a reasonable certainty of no such harm; or ``(bb) if the permitting authority determines that standards and requirements described in item (aa) would not be sufficient to ensure a reasonable certainty of no such harm, deny the issuance or renewal of the permit; ``(III) determine whether the applicant is a persistent violator, based on such criteria relating to the history of compliance by an applicant with this Act as the Administrator shall establish by not later than 180 days after the date of enactment of the Environmental Justice for All Act; ``(IV) if the permitting authority determines under subclause (III) that the applicant is a persistent violator and the permitting authority does not deny the issuance or renewal of the permit pursuant to subclause (II)(bb)-- ``(aa) require the applicant to submit a plan that describes-- ``(AA) if the applicant is not in compliance with this Act, measures the applicant will carry out to achieve that compliance, together with an approximate deadline for that achievement; ``(BB) measures the applicant will carry out, or has carried out to ensure the applicant will remain in compliance with this Act, and to mitigate the environmental and health effects of noncompliance; and ``(CC) the measures the applicant has carried out in preparing the plan to consult or negotiate with the communities affected by each persistent violation addressed in the plan; and ``(bb) once such a plan is submitted, determine whether the plan is adequate to ensuring that the applicant-- ``(AA) will achieve compliance with this Act expeditiously; ``(BB) will remain in compliance with this Act; ``(CC) will mitigate the environmental and health effects of noncompliance; and ``(DD) has solicited and responded to community input regarding the plan; and ``(V) deny the issuance or renewal of the permit if the permitting authority determines that-- ``(aa) the plan submitted under subclause (IV)(aa) is inadequate; or ``(bb)(AA) the applicant has submitted a plan on a prior occasion, but continues to be a persistent violator; and ``(BB) no indication exists of extremely exigent circumstances excusing the persistent violations; and ``(ii) in the case of such a permit with a term of 3 years or longer, require permit revisions in accordance with subparagraph (B). ``(B) Revision requirements.-- ``(i) Deadline.--A revision described in subparagraph (A)(ii) shall occur as expeditiously as practicable and consistent with the procedures established under paragraph (6) but not later than 18 months after the promulgation of such standards and regulations. ``(ii) Exception.--A revision under this paragraph shall not be required if the effective date of the standards or regulations is a date after the expiration of the permit term. ``(iii) Treatment as renewal.--A permit revision under this paragraph shall be treated as a permit renewal if it complies with the requirements of this title regarding renewals.''. (3) Permit applications.--Section 503(b) of the Clean Air Act (42 U.S.C. 7661b(b)) is amended by adding at the end the following: ``(3) Major source analyses.--The regulations required by section 502(b) shall include a requirement that an applicant for a permit or renewal of a permit for a major source shall submit, together with the compliance plan required under this subsection, a cumulative impacts analysis for each census block group or Tribal census block group (as those terms are defined by the Director of the Bureau of the Census) located in, or immediately adjacent to, the area in which the major source is, or is proposed to be, located that analyzes-- ``(A) community demographics and locations of community exposure points, such as schools, day care centers, nursing homes, hospitals, health clinics, places of religious worship, parks, playgrounds, and community centers; ``(B) air quality and the potential effect on that air quality of emissions of air pollutants (including pollutants listed under section 108 or 112) from the major source, including in combination with existing sources of pollutants; ``(C) the potential effects on soil quality and water quality of emissions of lead and other air pollutants that could contaminate soil or water from the major source, including in combination with existing sources of pollutants; and ``(D) public health and any potential effects on public health from the major source.''. SEC. 8. WHITE HOUSE ENVIRONMENTAL JUSTICE INTERAGENCY COUNCIL. (a) In General.--The President shall maintain within the Executive Office of the President a White House Environmental Justice Interagency Council. (b) Purposes.--The purposes of the White House interagency council are-- (1) to improve coordination and collaboration among Federal agencies and to help advise and assist Federal agencies in identifying and addressing, as appropriate, the disproportionate human health and environmental effects of Federal programs, policies, practices, and activities on communities of color, low-income communities, and Tribal and Indigenous communities; (2) to promote meaningful involvement and due process in the development, implementation, and enforcement of environmental laws; (3) to coordinate with, and provide direct guidance and technical assistance to, environmental justice communities, with a focus on increasing community understanding of the science, regulations, and policy related to Federal agency actions on environmental justice issues; (4) to address environmental health, pollution, and public health burdens in environmental justice communities, and build healthy, sustainable, and resilient communities; and (5) to develop and update a strategy to address current and historical environmental injustice, in consultation with the National Environmental Justice Advisory Council and local environmental justice leaders, that includes-- (A) clear performance metrics to ensure accountability; and (B) an annually published public performance scorecard on the implementation of the White House interagency council. (c) Composition.--The White House interagency council shall be composed of members as follows (or their designee): (1) The Secretary of Agriculture. (2) The Secretary of Commerce. (3) The Secretary of Defense. (4) The Secretary of Education. (5) The Secretary of Energy. (6) The Secretary of Health and Human Services. (7) The Secretary of Homeland Security. (8) The Secretary of Housing and Urban Development. (9) The Secretary of the Interior. (10) The Attorney General. (11) The Secretary of Labor. (12) The Secretary of Transportation. (13) The Administrator of the Environmental Protection Agency. (14) The Director of the Office of Management and Budget. (15) The Director of the Office of Science and Technology Policy. (16) The Deputy Assistant to the President for Environmental Policy. (17) The Assistant to the President for Domestic Policy. (18) The Director of the National Economic Council. (19) The Chairperson of the Council on Environmental Quality. (20) The Chairperson of the Council of Economic Advisers. (21) The Director of the National Institutes of Health. (22) The Director of the Office of Environmental Justice. (23) The Chairperson of the Consumer Product Safety Commission. (24) The Chairperson of the Chemical Safety Board. (25) The Director of the National Park Service. (26) The Assistant Secretary of the Bureau of Indian Affairs. (27) The Chairperson of the National Environmental Justice Advisory Council. (28) The head of any other agency that the President may designate. (d) Governance.--The Chairperson of the Council on Environmental Quality shall serve as Chairperson of the White House interagency council. (e) Reporting to President.--The White House interagency council shall report to the President through the Chairperson of the Council on Environmental Quality. (f) Uniform Consideration Guidance.-- (1) In general.--To ensure that there is a common level of understanding of terminology used in dealing with environmental justice issues, not later than 1 year after the date of enactment of this Act, after coordinating with and conducting outreach to environmental justice communities, State governments, Tribal Governments, and local governments, the White House interagency council shall develop and publish in the Federal Register a guidance document to assist Federal agencies in defining and applying the following terms: (A) Health disparities. (B) Environmental exposure disparities. (C) Demographic characteristics, including age, sex, and race or ethnicity. (D) Social stressors, including poverty, housing quality, access to health care, education, immigration status, linguistic isolation, historical trauma, and lack of community resources. (E) Cumulative impacts or risks. (F) Community vulnerability or susceptibility to adverse human health and environmental effects (including climate change). (G) Barriers to meaningful involvement in the development, implementation, and enforcement of environmental laws. (H) Community capacity to address environmental concerns, including the capacity to obtain equitable access to environmental amenities. (2) Public comment.--For a period of not less than 30 days, the White House interagency council shall seek public comment on the guidance document developed under paragraph (1). (3) Documentation.--Not later than 90 days after the date of publication of the guidance document under paragraph (1), the head of each Federal agency participating in the White House interagency council shall document the ways in which the Federal agency will incorporate guidance from the document into the environmental justice strategy of the Federal agency developed and finalized under section 9(b). (g) Development of Interagency Federal Environmental Justice Strategy.-- (1) In general.--Not less frequently than once every 3 years, after notice and opportunity for public comment, the White House interagency council shall update a coordinated interagency Federal environmental justice strategy to address current and historical environmental injustice. (2) Development of strategy.--In carrying out paragraph (1), the White House interagency council shall-- (A) consider the most recent environmental justice strategy of each Federal agency that participates in the White House interagency council that is developed and finalized under section 9(b); (B) consult with the National Environmental Justice Advisory Council and local environmental justice leaders; and (C) include in the interagency Federal environmental justice strategy clear performance metrics to ensure accountability. (3) Annual performance scorecard.--The White House interagency council shall annually publish a public performance scorecard on the implementation of the interagency Federal environmental justice strategy. (h) Submission of Report to President.-- (1) In general.--Not later than 180 days after updating the interagency Federal environmental justice strategy under subsection (g)(1), the White House interagency council shall submit to the President a report that contains-- (A) a description of the implementation of the interagency Federal environmental justice strategy; and (B) a copy of the finalized environmental justice strategy of each Federal agency that participates in the White House interagency council that is developed and finalized under section 9(b). (2) Public availability.--The head of each Federal agency that participates in the White House interagency council shall make the report described in paragraph (1) available to the public (including by posting a copy of the report on the website of each Federal agency). (i) Administration.-- (1) Office of administration.--The Office of Administration within the Executive Office of the President shall provide funding and administrative support for the White House interagency council, to the extent permitted by law and within existing appropriations. (2) Other agencies.--To the extent permitted by law, including section 1535 of title 31, United States Code (commonly known as the ``Economy Act''), and subject to the availability of appropriations, the Secretary of Labor, the Secretary of Transportation, and the Administrator of the Environmental Protection Agency shall provide administrative support for the White House interagency council, as necessary. (j) Meetings and Staff.-- (1) Chairperson.--The Chairperson of the Council on Environmental Quality shall-- (A) convene regular meetings of the White House interagency council; (B) determine the agenda of the White House interagency council in accordance with this section; and (C) direct the work of the White House interagency council. (2) Executive director.--The Chairperson of the Council on Environmental Quality shall designate an Executive Director of the White House interagency council, who shall coordinate the work of, and head any staff assigned to, the White House interagency council. (k) Officers.--To facilitate the work of the White House interagency council, the head of each agency described in subsection (c) shall assign a designated official within the agency to be an Environmental Justice Officer, with the authority-- (1) to represent the agency on the White House interagency council; and (2) to perform such other duties relating to the implementation of this section within the agency as the head of the agency determines to be appropriate. (l) Establishment of Subgroups.--At the direction of the Chairperson of the Council on Environmental Quality, the White House interagency council may establish 1 or more subgroups consisting exclusively of White House interagency council members or their designees under this section, as appropriate. SEC. 9. FEDERAL AGENCY ACTIONS AND RESPONSIBILITIES. (a) Conduct of Programs.--Each Federal agency that participates in the White House interagency council shall conduct each program, policy, practice, and activity of the Federal agency that adversely affects, or has the potential to adversely affect, human health or the environment in a manner that ensures that each such program, policy, practice, or activity does not have an effect of excluding any individual from participating in, denying any individual the benefits of, or subjecting any individual to discrimination or disparate impact under, such program, policy, practice, or activity of the Federal agency on the basis of the race, color, national origin, or income level of the individual. (b) Federal Agency Environmental Justice Strategies.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, and after notice and opportunity for public comment, each Federal agency that participates in the White House interagency council shall develop and finalize an agencywide environmental justice strategy that-- (A) identifies staff to support implementation of the Federal agency's environmental justice strategy; (B) identifies and addresses any disproportionately high or adverse human health or environmental effects of its programs, policies, practices, and activities on-- (i) communities of color; (ii) low-income communities; and (iii) Tribal and Indigenous communities; and (C) complies with each requirement described in paragraph (2). (2) Contents.--Each environmental justice strategy developed by a Federal agency under paragraph (1) shall contain-- (A) an assessment that identifies each program, policy, practice, and activity (including any public participation process) of the Federal agency, relating to human health or the environment that the Federal agency determines should be revised-- (i) to ensure that all persons have the same degree of protection from environmental and health hazards; (ii) to ensure meaningful public involvement and due process in the development, implementation, and enforcement of all Federal laws; (iii) to improve direct guidance and technical assistance to environmental justice communities with respect to the understanding of the science, regulations, and policy related to Federal agency action on environmental justice issues; (iv) to improve cooperation with State governments, Tribal Governments, and local governments to address pollution and public health burdens in environmental justice communities, and build healthy, sustainable, and resilient communities; (v) to improve Federal research and data collection efforts related to-- (I) the health and environment of communities of color, low-income communities, and Tribal and Indigenous communities; (II) climate change; and (III) the inequitable distribution of burdens and benefits of the management and use of natural resources, including water, minerals, and land; and (vi) to reduce or eliminate disproportionately adverse human health or environmental effects on communities of color, low-income communities, and Tribal and Indigenous communities; and (B) a timetable for the completion of-- (i) each revision identified under subparagraph (A); and (ii) an assessment of the economic and social implications of each revision identified under subparagraph (A). (3) Reports.-- (A) Annual reports.--Not later than 2 years after the finalization of an environmental justice strategy under this subsection, and annually thereafter, a Federal agency that participates in the White House interagency council shall submit to the White House interagency council a report describing the progress of the Federal agency in implementing the environmental justice strategy of the Federal agency. (B) Periodic reports.--In addition to the annual reports described in subparagraph (A), upon receipt of a request from the White House interagency council, a Federal agency shall submit to the White House interagency council a report that contains such information as the White House interagency council may require. (4) Revision of agencywide environmental justice strategy.--Not later than 5 years after the date of enactment of this Act, each Federal agency that participates in the White House interagency council shall-- (A) evaluate and revise the environmental justice strategy of the Federal agency; and (B) submit to the White House interagency council a copy of the revised version of the environmental justice strategy of the Federal agency. (5) Petition.-- (A) In general.--The head of a Federal agency may submit to the President a petition for an exemption of any requirement described in this section with respect to any program or activity of the Federal agency if the head of the Federal agency determines that complying with such requirement would compromise the agency's ability to carry out its core missions. (B) Availability to public.--Each petition submitted by a Federal agency to the President under subparagraph (A) shall be made available to the public (including through a description of the petition on the website of the Federal agency). (C) Consideration.--In determining whether to grant a petition for an exemption submitted by a Federal agency to the President under subparagraph (A), the President shall make a decision that reflects both the merits of the specific case and the broader national interest in breaking cycles of environmental injustice, and shall consider whether the granting of the petition would likely-- (i) result in disproportionately adverse human health or environmental effects on communities of color, low-income communities, and Tribal and Indigenous communities; or (ii) exacerbate, or fail to ameliorate, any disproportionately adverse human health or environmental effect on any community of color, low-income community, or Tribal and Indigenous community. (D) Appeal.-- (i) In general.--Not later than 90 days after the date on which the President approves a petition under this paragraph, an individual may appeal the decision of the President to approve the petition. (ii) Written appeal.-- (I) In general.--To appeal a decision of the President under clause (i), an individual shall submit a written appeal to-- (aa) the Council on Environmental Quality; (bb) the Deputy Assistant to the President for Environmental Policy; or (cc) the Assistant to the President for Domestic Policy. (II) Contents.--A written appeal shall contain a description of each reason why the exemption that is the subject of the petition is unnecessary. (iii) Requirement of president.--Not later than 90 days after the date on which an agency or officer described in clause (ii)(I) receives a written appeal submitted by an individual under that clause, the President shall provide to the individual a written notification describing the decision of the President with respect to the appeal. (c) Human Health and Environmental Research, Data Collection, and Analysis.-- (1) Research.--Each Federal agency, to the maximum extent practicable and permitted by applicable law, shall-- (A) in conducting environmental, public access, or human health research, include diverse segments of the population in epidemiological and clinical studies, including segments at high risk from environmental hazards, such as communities of color, low-income communities, and Tribal and Indigenous communities; (B) in conducting environmental or human health analyses, identify multiple and cumulative exposures, including potentially exacerbated risks due to current and future climate impacts; and (C) actively encourage and solicit community-based science, and provide to communities of color, low- income communities, and Tribal and Indigenous communities the opportunity to comment on and participate in the development and design of research strategies carried out pursuant to this Act. (2) Disproportionate impact.--To the maximum extent practicable and permitted by applicable law (including section 552a of title 5, United States Code (commonly known as the ``Privacy Act'')), each Federal agency shall-- (A) collect, maintain, and analyze information assessing and comparing environmental and human health risks borne by populations identified by race, national origin, income, or other readily available and appropriate information; and (B) use that information to determine whether the programs, policies, and activities of the Federal agency have disproportionally adverse human health or environmental effects on communities of color, low- income communities, and Tribal and Indigenous communities. (3) Information relating to non-federal facilities.--In connection with the implementation of Federal agency environmental justice strategies under subsection (b), each Federal agency, to the maximum extent practicable and permitted by applicable law, shall collect, maintain, and analyze information relating to the race, national origin, and income level, and other readily accessible and appropriate information, for communities of color, low-income communities, and Tribal and Indigenous communities in proximity to any facility or site expected to have a substantial environmental, human health, or economic effect on the surrounding populations, if the facility or site becomes the subject of a substantial Federal environmental administrative or judicial action. (4) Impact from federal facilities.--Each Federal agency, to the maximum extent practicable and permitted by applicable law, shall collect, maintain, and analyze information relating to the race, national origin, and income level, and other readily accessible and appropriate information, for communities of color, low-income communities, and Tribal and Indigenous communities in proximity to any facility of the Federal agency that is-- (A) subject to the reporting requirements under the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11001 et seq.), as required by Executive Order 12898 (42 U.S.C. 4321 note; relating to Federal actions to address environmental justice in minority populations and low-income populations); and (B) expected to have a substantial environmental, human health, or economic effect on surrounding populations. (d) Consumption of Fish and Wildlife.-- (1) In general.--Each Federal agency shall develop, publish (unless prohibited by law), and revise, as practicable and appropriate, guidance on actions of the Federal agency that will impact fish and wildlife consumed by populations that principally rely on fish or wildlife for subsistence. (2) Requirement.--The guidance described in paragraph (1) shall-- (A) reflect the latest scientific information available concerning methods for evaluating the human health risks associated with the consumption of pollutant-bearing fish or wildlife; and (B) publish the risks of such consumption patterns. (e) Mapping and Screening Tool.--The Administrator shall make available to the public an environmental justice mapping and screening tool (such as EJScreen or an equivalent tool) that includes, at a minimum, the following features: (1) Nationally consistent data. (2) Environmental data. (3) Demographic data, including data relating to race, ethnicity, and income. (4) Capacity to produce maps and reports by geographical area. (5) Data on national parks and other federally protected natural, historic, and cultural sites. (f) Judicial Review and Rights of Action.--Any person may commence a civil action-- (1) to seek relief from, or to compel, an agency action under this section (including regulations promulgated pursuant to this section); or (2) otherwise to ensure compliance with this section (including regulations promulgated pursuant to this section). (g) Information Sharing.--In carrying out this section, each Federal agency, to the maximum extent practicable and permitted by applicable law, shall share information and eliminate unnecessary duplication of efforts through the use of existing data systems and cooperative agreements among Federal agencies and with State, local, and Tribal governments. (h) Codification of Guidance.-- (1) Council on environmental quality.--Sections II and III of the guidance issued by the Council on Environmental Quality entitled ``Environmental Justice Guidance Under the National Environmental Policy Act'' and dated December 10, 1997, are enacted into law. (2) Environmental protection agency.--The guidance issued by the Environmental Protection Agency entitled ``EPA Policy on Consultation and Coordination with Indian Tribes: Guidance for Discussing Tribal Treaty Rights'' and dated February 2016 is enacted into law. SEC. 10. OMBUDS. (a) Establishment.--The Administrator shall establish within the Environmental Protection Agency a position of Environmental Justice Ombuds. (b) Reporting.--The Environmental Justice Ombuds shall-- (1) report directly to the Administrator; and (2) not be required to report to the Office of Environmental Justice of the Environmental Protection Agency. (c) Functions.--The Environmental Justice Ombuds shall-- (1) in coordination with the Inspector General of the Environmental Protection Agency, establish an independent, neutral, accessible, confidential, and standardized process-- (A) to receive, review, and process complaints and allegations with respect to environmental justice programs and activities of the Environmental Protection Agency; and (B) to assist individuals in resolving complaints and allegations described in subparagraph (A); (2) identify and thereafter review, examine, and make recommendations to the Administrator to address recurring and chronic complaints regarding specific environmental justice programs and activities of the Environmental Protection Agency identified by the Ombuds pursuant to paragraph (1); (3) review the Environmental Protection Agency's compliance with policies and standards of the Environmental Protection Agency with respect to its environmental justice programs and activities; and (4) produce an annual report that details the findings of the regional staff, feedback received from environmental justice communities, and recommendations to increase cooperation between the Environmental Protection Agency and environmental justice communities. (d) Availability of Report.--The Administrator shall make each report produced pursuant to subsection (c) available to the public (including by posting a copy of the report on the website of the Environmental Protection Agency). (e) Regional Staff.-- (1) Authority of environmental justice ombuds.--The Administrator shall allow the Environmental Justice Ombuds to hire such staff as the Environmental Justice Ombuds determines to be necessary to carry out at each regional office of the Environmental Protection Agency the functions of the Environmental Justice Ombuds described in subsection (c). (2) Purposes.--Staff hired pursuant to paragraph (1) shall-- (A) foster cooperation between the Environmental Protection Agency and environmental justice communities; (B) consult with environmental justice communities on the development of policies and programs of the Environmental Protection Agency; (C) receive feedback from environmental justice communities on the performance of the Environmental Protection Agency; and (D) compile and submit to the Environmental Justice Ombuds such information as may be necessary for the Ombuds to produce the annual report described in subsection (c). (3) Full-time position.--Each individual hired by the Environmental Justice Ombuds under paragraph (1) shall be hired as a full-time employee of the Environmental Protection Agency. SEC. 11. ACCESS TO PARKS, OUTDOOR SPACES, AND PUBLIC RECREATION OPPORTUNITIES. (a) Definitions.--In this section: (1) Eligible entity.-- (A) In general.--The term ``eligible entity'' means-- (i) a State; (ii) a political subdivision of a State, including-- (I) a city; and (II) a county; (iii) a special purpose district, including park districts; and (iv) an Indian Tribe. (B) Political subdivisions and indian tribes.--A political subdivision of a State or an Indian Tribe shall be considered an eligible entity only if the political subdivision or Indian Tribe represents or otherwise serves a qualifying urban area. (2) Outdoor recreation legacy partnership grant program.-- The term ``Outdoor Recreation Legacy Partnership Grant Program'' means the program established under subsection (b). (3) Qualifying urban area.--The term ``qualifying urban area'' means an area identified by the Census Bureau as an ``urban area'' in the most recent census. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Establishment.--The Secretary shall establish an outdoor recreation legacy partnership grant program under which the Secretary may award grants to eligible entities for projects-- (1) to acquire land and water for parks and other outdoor recreation purposes; (2) to develop new or renovate existing outdoor recreation facilities; and (3) to develop projects that provide opportunities for outdoor education and public land volunteerism. (c) Matching Requirement.-- (1) In general.--As a condition of receiving a grant under subsection (b), an eligible entity shall provide matching funds in the form of cash or an in-kind contribution in an amount equal to not less than 100 percent of the amounts made available under the grant. (2) Sources.--The matching amounts referred to in paragraph (1) may include amounts made available from State, local, nongovernmental, or private sources. (3) Waiver.--The Secretary may waive all or part of the matching requirement under paragraph (1) if the Secretary determines that-- (A) no reasonable means are available through which an applicant can meet the matching requirement; and (B) the probable benefit of the project outweighs the public interest in the matching requirement. (d) Eligible Uses.-- (1) In general.--A grant recipient may use a grant awarded under this section-- (A) to acquire land or water that provides outdoor recreation opportunities to the public; and (B) to develop or renovate outdoor recreational facilities that provide outdoor recreation opportunities to the public, with priority given to projects that-- (i) create or significantly enhance access to park and recreational opportunities in an urban or suburban area that lacks access to such activities; (ii) engage and empower underserved communities and youth; (iii) provide opportunities for youth employment or job training; (iv) establish or expand public-private partnerships, with a focus on leveraging resources; and (v) take advantage of coordination among various levels of government. (2) Limitations on use.--A grant recipient may not use grant funds for-- (A) grant administration costs; (B) incidental costs related to land acquisition, including appraisal and titling; (C) operation and maintenance activities; (D) facilities that support semiprofessional or professional athletics; (E) indoor facilities, such as recreation centers or facilities that support primarily non-outdoor purposes; or (F) acquisition of land or interests in land that restrict access to specific persons. (e) National Park Service Requirements.--In carrying out the Outdoor Recreation Legacy Partnership Grant Program, the Secretary shall-- (1) conduct an initial screening and technical review of applications received; and (2) evaluate and score all qualifying applications. (f) Reporting.-- (1) Annual reports.--Not later than 30 days after the last day of each report period, each State lead agency that receives a grant under this section shall annually submit to the Secretary performance and financial reports that-- (A) summarize project activities conducted during the report period; and (B) provide the status of the project, including of description of how the project has improved access to parkland, open space, or recreational facilities from the community perspective. (2) Final reports.--Not later than 90 days after the earlier of the date of expiration of a project period or the completion of a project, each State lead agency that receives a grant under this section shall submit to the Secretary a final report containing such information as the Secretary may require. (g) Revenue Sharing.--Section 105(a)(2) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note) is amended-- (1) in subparagraph (A), by striking ``and''; (2) in subparagraph (B)-- (A) by striking ``25 percent'' and inserting ``20 percent''; and (B) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(C) 5 percent to provide grants under the Outdoor Recreation Legacy Partnership Grant Program established under section 11(b) of the Environmental Justice For All Act.''. SEC. 12. TRANSIT TO TRAILS GRANT PROGRAM. (a) Definitions.--In this section: (1) Critically underserved community.--The term ``critically underserved community'' means-- (A) a community that can demonstrate to the Secretary that the community has inadequate, insufficient, or no park space or recreation facilities, including by demonstrating-- (i) quality concerns relating to the available park space or recreation facilities; (ii) the presence of recreational facilities that do not serve the needs of the community; or (iii) the inequitable distribution of park space for high-need populations, based on income, age, or other measures of vulnerability and need; (B) a community in which at least 50 percent of the population is not located within \1/2\ mile of park space; (C) a community that is designated as a qualified opportunity zone under section 1400Z-1 of the Internal Revenue Code of 1986; or (D) any other community that the Secretary determines to be appropriate. (2) Eligible entity.--The term ``eligible entity'' means-- (A) a State; (B) a political subdivision of a State (including a city or a county) that represents or otherwise serves an urban area or a rural area; (C) a special purpose district (including a park district); (D) an Indian Tribe that represents or otherwise serves an urban area or a rural area; or (E) a metropolitan planning organization (as defined in section 134(b) of title 23, United States Code). (3) Program.--The term ``program'' means the Transit to Trails Grant Program established under subsection (b)(1). (4) Rural area.--The term ``rural area'' means a community that is not an urban area. (5) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (6) Transportation connector.-- (A) In general.--The term ``transportation connector'' means a system that-- (i) connects 2 ZIP Codes or communities within a 175-mile radius of a designated service area; and (ii) offers rides available to the public. (B) Inclusions.--The term ``transportation connector'' includes microtransits, bus lines, bus rails, light rail, rapid transits, or personal rapid transits. (7) Urban area.--The term ``urban area'' means a community that-- (A) is densely developed; (B) has residential, commercial, and other nonresidential areas; and (C)(i) is an urbanized area with a population of 50,000 or more; or (ii) is an urban cluster with a population of-- (I) not less than 2,500; and (II) not more than 50,000. (b) Grant Program.-- (1) Establishment.--The Secretary shall establish a grant program, to be known as the ``Transit to Trails Grant Program'', under which the Secretary shall award grants to eligible entities for-- (A) projects that develop transportation connectors or routes in or serving, and related education materials for, critically underserved communities to increase access and mobility to Federal or non-Federal public land, waters, parkland, or monuments; or (B) projects that facilitate transportation improvements to enhance access to Federal or non- Federal public land and recreational opportunities in critically underserved communities. (2) Administration.-- (A) In general.--The Secretary shall administer the program to assist eligible entities in the development of transportation connectors or routes in or serving, and related education materials for, critically underserved communities and Federal or non-Federal public land, waters, parkland, and monuments. (B) Joint partnerships.--The Secretary shall encourage joint partnership projects under the program, if available, among multiple agencies, including school districts, nonprofit organizations, metropolitan planning organizations, regional transportation authorities, transit agencies, and State and local governmental agencies (including park and recreation agencies and authorities) to enhance investment of public sources. (C) Annual grant project proposal solicitation, review, and approval.-- (i) In general.--The Secretary shall-- (I) annually solicit the submission of project proposals for grants from eligible entities under the program; and (II) review each project proposal submitted under subclause (I) on a timeline established by the Secretary. (ii) Required elements for project proposal.--A project proposal submitted under clause (i)(I) shall include-- (I) a statement of the purposes of the project; (II) the name of the entity or individual with overall responsibility for the project; (III) a description of the qualifications of the entity or individuals identified under subclause (II); (IV) a description of-- (aa) staffing and stakeholder engagement for the project; (bb) the logistics of the project; and (cc) anticipated outcomes of the project; (V) a proposed budget for the funds and time required to complete the project; (VI) information regarding the source and amount of matching funding available for the project; (VII) information that demonstrates the clear potential of the project to contribute to increased access to parkland for critically underserved communities; and (VIII) any other information that the Secretary considers to be necessary for evaluating the eligibility of the project for funding under the program. (iii) Consultation; approval or disapproval.--The Secretary shall, with respect to each project proposal submitted under this subparagraph, as appropriate-- (I) consult with the government of each State in which the proposed project is to be conducted; (II) after taking into consideration any comments resulting from the consultation under subclause (I), approve or disapprove the proposal; and (III) provide written notification of the approval or disapproval to-- (aa) the individual or entity that submitted the proposal; and (bb) each State consulted under subclause (I). (D) Priority.--To the extent practicable, in determining whether to approve project proposals under the program, the Secretary shall prioritize projects that are designed to increase access and mobility to local or neighborhood Federal or non-Federal public land, waters, parkland, monuments, or recreational opportunities. (3) Transportation planning procedures.-- (A) Procedures.--In consultation with the head of each appropriate Federal land management agency, the Secretary shall develop, by rule, transportation planning procedures for projects conducted under the program that are consistent with metropolitan and statewide planning processes. (B) Requirements.--All projects carried out under the program shall be developed in cooperation with States and metropolitan planning organizations. (4) Non-federal contributions.-- (A) In general.--As a condition of receiving a grant under the program, an eligible entity shall provide funds in the form of cash or an in-kind contribution in an amount equal to not less than 100 percent of the amount of the grant. (B) Sources.--The non-Federal contribution required under subparagraph (A) may include amounts made available from State, local, nongovernmental, or private sources. (5) Eligible uses.--Grant funds provided under the program may be used-- (A) to develop transportation connectors or routes in or serving, and related education materials for, critically underserved communities to increase access and mobility to Federal and non-Federal public land, waters, parkland, and monuments; and (B) to create or significantly enhance access to Federal or non-Federal public land and recreational opportunities in an urban area or a rural area. (6) Grant amount.--A grant provided under the program shall be-- (A) not less than $25,000; and (B) not more than $500,000. (7) Technical assistance.--It is the intent of Congress that grants provided under the program deliver project funds to areas of greatest need while offering technical assistance to all applicants and potential applicants for grant preparation to encourage full participation in the program. (8) Public information.--The Secretary shall ensure that current schedules and routes for transportation systems developed after the receipt of a grant under the program are available to the public, including on a website maintained by the recipient of a grant. (c) Reporting Requirement.-- (1) Reports by grant recipients.--The Secretary shall require a recipient of a grant under the program to submit to the Secretary at least 1 performance and financial report that-- (A) includes-- (i) demographic data on communities served by the project; and (ii) a summary of project activities conducted after receiving the grant; and (B) describes the status of each project funded by the grant as of the date of the report. (2) Additional reports.--In addition to the report required under paragraph (1), the Secretary may require additional reports from a recipient, as the Secretary determines to be appropriate, including a final report. (3) Deadlines.--The Secretary shall establish deadlines for the submission of each report required under paragraph (1) or (2). (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each fiscal year. SEC. 13. REPEAL OF SUNSET FOR THE EVERY KID OUTDOORS PROGRAM. Section 9001(b) of the John D. Dingell, Jr. Conservation, Management, and Recreation Act (16 U.S.C. 6804 note; Public Law 116-9) is amended by striking paragraph (5). SEC. 14. PROTECTIONS FOR ENVIRONMENTAL JUSTICE COMMUNITIES AGAINST HARMFUL FEDERAL ACTIONS. (a) Purpose.--The purpose of this section is to establish additional protections relating to Federal actions affecting environmental justice communities in recognition of the disproportionate burden of adverse human health or environmental effects faced by such communities. (b) Definitions.--In this section: (1) Environmental impact statement.--The term ``environmental impact statement'' means the detailed statement of environmental impacts of a proposed action required to be prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) Federal action.--The term ``Federal action'' means a proposed action that requires the preparation of an environmental impact statement, environmental assessment, categorical exclusion, or other document under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (c) Preparation of a Community Impact Report.--A Federal agency proposing to take a Federal action that has the potential to cause negative environmental or public health impacts on an environmental justice community shall prepare a community impact report assessing the potential impacts of the proposed action. (d) Contents.--A community impact report described in subsection (c) shall-- (1) assess the degree to which a proposed Federal action affecting an environmental justice community will cause multiple or cumulative exposure to human health and environmental hazards that influence, exacerbate, or contribute to adverse health outcomes; (2) assess relevant public health data and industry data concerning the potential for multiple or cumulative exposure to human health or environmental hazards in the area of the environmental justice community and historical patterns of exposure to environmental hazards and Federal agencies shall assess these multiple, or cumulative effects, even if certain effects are not within the control or subject to the discretion of the Federal agency proposing the Federal action; (3) assess the impact of such proposed Federal action on such environmental justice community's ability to access public parks, outdoor spaces, and public recreation opportunities; (4) evaluate alternatives to or mitigation measures for the proposed Federal action that will-- (A) eliminate or reduce any identified exposure to human health and environmental hazards described in paragraph (1) to a level that is reasonably expected to avoid human health impacts in environmental justice communities; and (B) not negatively impact an environmental justice community's ability to access public parks, outdoor spaces, and public recreation opportunities; and (5) analyze any alternative developed by members of an affected environmental justice community that meets the purpose and need of the proposed action. (e) Delegation.--Federal agencies shall not delegate responsibility for the preparation of a community impact report described in subsection (c) to any other entity. (f) National Environmental Policy Act Requirements for Environmental Justice Communities.--When carrying out the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a proposed Federal action that may affect an environmental justice community, a Federal agency shall-- (1) consider all potential direct, indirect, and cumulative impacts caused by the action, alternatives to such action, and mitigation measures on the environmental justice community required by that Act; (2) require any public comment period carried out during the scoping phase of the environmental review process to be not less than 90 days; (3) provide early and meaningful community involvement opportunities by-- (A) holding multiple hearings in such community regarding the proposed Federal action in each prominent language within the environmental justice community; and (B) providing notice of any step or action in the process under that Act that involves public participation to any representative entities or organizations present in the environmental justice community, including-- (i) local religious organizations; (ii) civic associations and organizations; (iii) business associations of people of color; (iv) environmental and environmental justice organizations, including community- based grassroots organizations led by people of color; (v) homeowners', tenants', and neighborhood watch groups; (vi) local governments and Tribal Governments; (vii) rural cooperatives; (viii) business and trade organizations; (ix) community and social service organizations; (x) universities, colleges, and vocational schools; (xi) labor and other worker organizations; (xii) civil rights organizations; (xiii) senior citizens' groups; and (xiv) public health agencies and clinics; and (4) provide translations of publicly available documents made available pursuant to that Act in any language spoken by more than 5 percent of the population residing within the environmental justice community. (g) Communication Methods and Requirements.--Any notice provided under subsection (f)(3)(B) shall be provided-- (1) through communication methods that are accessible in the environmental justice community, which may include electronic media, newspapers, radio, direct mailings, canvassing, and other outreach methods particularly targeted at communities of color, low-income communities, and Tribal and Indigenous communities; and (2) at least 30 days before any hearing in such community or the start of any public comment period. (h) Requirements for Actions Requiring an Environmental Impact Statement.--For any proposed Federal action affecting an environmental justice community requiring the preparation of an environmental impact statement, the Federal agency shall provide the following information when giving notice of the proposed action: (1) A description of the proposed action. (2) An outline of the anticipated schedule for completing the process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), with a description of key milestones. (3) An initial list of alternatives and potential impacts. (4) An initial list of other existing or proposed sources of multiple or cumulative exposure to environmental hazards that contribute to higher rates of serious illnesses within the environmental justice community. (5) An agency point of contact. (6) Timely notice of locations where comments will be received or public meetings held. (7) Any telephone number or locations where further information can be obtained. (i) National Environmental Policy Act Requirements for Indian Tribes.--When carrying out the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a proposed Federal action that may affect an Indian Tribe, a Federal agency shall-- (1) seek Tribal representation in the process in a manner that is consistent with the government-to-government relationship between the United States and Tribal Governments, the Federal Government's trust responsibility to federally recognized Indian Tribes, and any treaty rights; (2) ensure that an Indian Tribe is invited to hold the status of a cooperating agency throughout the process under that Act for any proposed action that could impact an Indian Tribe, including actions that could impact off reservation lands and sacred sites; and (3) invite an Indian Tribe to hold the status of a cooperating agency in accordance with paragraph (2) not later than the date on which the scoping process for a proposed action requiring the preparation of an environmental impact statement commences. (j) Agency Determinations.--Federal agency determinations about the analysis of a community impact report described in subsection (c) shall be subject to judicial review to the same extent as any other analysis performed under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (k) Effective Date.--This section shall take effect 1 year after the date of enactment of this Act. (l) Savings Clause.--Nothing in this section diminishes-- (1) any right granted through the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to the public; or (2) the requirements under that Act to consider direct, indirect, and cumulative impacts. SEC. 15. TRAINING OF EMPLOYEES OF FEDERAL AGENCIES. (a) Initial Training.--Not later than 1 year after the date of enactment of this Act, each employee of the Department of Energy, the Environmental Protection Agency, the Department of the Interior, and the National Oceanic and Atmospheric Administration shall complete an environmental justice training program to ensure that each such employee-- (1) has received training in environmental justice; and (2) is capable of-- (A) appropriately incorporating environmental justice concepts into the daily activities of the employee; and (B) increasing the meaningful participation of individuals from environmental justice communities in the activities of the applicable agency. (b) Mandatory Participation.--Effective on the date that is 1 year after the date of enactment of this Act, each individual hired by the Department of Energy, the Environmental Protection Agency, the Department of the Interior, and the National Oceanic and Atmospheric Administration after that date shall be required to participate in environmental justice training. (c) Requirement Relating to Certain Employees.-- (1) In general.--With respect to each Federal agency that participates in the Working Group, not later than 30 days after the date on which an individual is appointed to the position of environmental justice coordinator, Environmental Justice Ombuds, or any other position the responsibility of which involves the conduct of environmental justice activities, the individual shall be required to possess documentation of the completion by the individual of environmental justice training. (2) Effect.--If an individual described in paragraph (1) fails to meet the requirement described in that paragraph, the Federal agency at which the individual is employed shall transfer the individual to a different position until the date on which the individual completes environmental justice training. (3) Evaluation.--Not later than 3 years after the date of enactment of this Act, the Inspector General of each Federal agency that participates in the Working Group shall evaluate the training programs of such Federal agency to determine if such Federal agency has improved the rate of training of the employees of such Federal agency to ensure that each employee has received environmental justice training. SEC. 16. ENVIRONMENTAL JUSTICE GRANT PROGRAMS. (a) Environmental Justice Community Grant Program.-- (1) Establishment.--The Administrator shall establish a program under which the Administrator shall provide grants to eligible entities to assist the eligible entities in-- (A) building capacity to address issues relating to environmental justice; and (B) carrying out any activity described in paragraph (4). (2) Eligibility.--To be eligible to receive a grant under paragraph (1), an eligible entity shall be a nonprofit, community-based organization that conducts activities, including providing medical and preventive health services, to reduce the disproportionate health impacts of environmental pollution in the environmental justice community at which the eligible entity proposes to conduct an activity that is the subject of the application described in paragraph (3). (3) Application.--To be eligible to receive a grant under paragraph (1), an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including-- (A) an outline describing the means by which the project proposed by the eligible entity will-- (i) with respect to environmental and public health issues at the local level, increase the understanding of the environmental justice community at which the eligible entity will conduct the project; (ii) improve the ability of the environmental justice community to address each issue described in clause (i); (iii) facilitate collaboration and cooperation among various stakeholders (including members of the environmental justice community); and (iv) support the ability of the environmental justice community to proactively plan and implement just sustainable community development and revitalization initiatives, including countering displacement and gentrification; (B) a proposed budget for each activity of the project that is the subject of the application; (C) a list of proposed outcomes with respect to the proposed project; (D) a description of the ways by which the eligible entity may leverage the funds of the eligible entity, or the funds made available through a grant under this subsection, to develop a project that is capable of being sustained beyond the period of the grant; and (E) a description of the ways by which the eligible entity is linked to, and representative of, the environmental justice community at which the eligible entity will conduct the project. (4) Use of funds.--An eligible entity may only use a grant under this subsection to carry out culturally and linguistically appropriate projects and activities that are driven by the needs, opportunities, and priorities of the environmental justice community at which the eligible entity proposes to conduct the project or activity to address environmental justice concerns and improve the health or environment of the environmental justice community, including activities-- (A) to create or develop collaborative partnerships; (B) to educate and provide outreach services to the environmental justice community; (C) to identify and implement projects to address environmental or public health concerns; or (D) to develop a comprehensive understanding of environmental or public health issues. (5) Report.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to the Committees on Energy and Commerce and Natural Resources of the House of Representatives and the Committees on Environment and Public Works and Energy and Natural Resources of the Senate a report describing the ways by which the grant program under this subsection has helped community-based nonprofit organizations address issues relating to environmental justice. (B) Public availability.--The Administrator shall make each report required under subparagraph (A) available to the public (including by posting a copy of the report on the website of the Environmental Protection Agency). (6) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $25,000,000 for each of fiscal years 2022 through 2026. (b) State Grant Program.-- (1) Establishment.--The Administrator shall establish a program under which the Administrator shall provide grants to States to enable the States-- (A) to establish culturally and linguistically appropriate protocols, activities, and mechanisms for addressing issues relating to environmental justice; and (B) to carry out culturally and linguistically appropriate activities to reduce or eliminate disproportionately adverse human health or environmental effects on environmental justice communities in the State, including reducing economic vulnerabilities that result in the environmental justice communities being disproportionately affected. (2) Eligibility.-- (A) Application.--To be eligible to receive a grant under paragraph (1), a State shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including-- (i) a plan that contains a description of the means by which the funds provided through a grant under paragraph (1) will be used to address issues relating to environmental justice at the State level; and (ii) assurances that the funds provided through a grant under paragraph (1) will be used only to supplement the amount of funds that the State allocates for initiatives relating to environmental justice. (B) Ability to continue program.--To be eligible to receive a grant under paragraph (1), a State shall demonstrate to the Administrator that the State has the ability to continue each program that is the subject of funds provided through a grant under paragraph (1) after receipt of the funds. (3) Report.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to the Committees on Energy and Commerce and Natural Resources of the House of Representatives and the Committees on Environment and Public Works and Energy and Natural Resources of the Senate a report describing-- (i) the implementation of the grant program established under paragraph (1); (ii) the impact of the grant program on improving the ability of each participating State to address environmental justice issues; and (iii) the activities carried out by each State to reduce or eliminate disproportionately adverse human health or environmental effects on environmental justice communities in the State. (B) Public availability.--The Administrator shall make each report required under subparagraph (A) available to the public (including by posting a copy of the report on the website of the Environmental Protection Agency). (4) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $15,000,000 for each of fiscal years 2022 through 2026. (c) Tribal Grant Program.-- (1) Establishment.--The Administrator shall establish a program under which the Administrator shall provide grants to Tribal Governments to enable the Indian Tribes-- (A) to establish culturally and linguistically appropriate protocols, activities, and mechanisms for addressing issues relating to environmental justice; and (B) to carry out culturally and linguistically appropriate activities to reduce or eliminate disproportionately adverse human health or environmental effects on environmental justice communities in Tribal and Indigenous communities, including reducing economic vulnerabilities that result in the Tribal and Indigenous communities being disproportionately affected. (2) Eligibility.-- (A) Application.--To be eligible to receive a grant under paragraph (1), a Tribal Government shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including-- (i) a plan that contains a description of the means by which the funds provided through a grant under paragraph (1) will be used to address issues relating to environmental justice in Tribal and Indigenous communities; and (ii) assurances that the funds provided through a grant under paragraph (1) will be used only to supplement the amount of funds that the Tribal Government allocates for initiatives relating to environmental justice. (B) Ability to continue program.--To be eligible to receive a grant under paragraph (1), a Tribal Government shall demonstrate to the Administrator that the Tribal Government has the ability to continue each program that is the subject of funds provided through a grant under paragraph (1) after receipt of the funds. (3) Report.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to the Committees on Energy and Commerce and Natural Resources of the House of Representatives and the Committees on Environment and Public Works and Energy and Natural Resources of the Senate a report describing-- (i) the implementation of the grant program established under paragraph (1); (ii) the impact of the grant program on improving the ability of each participating Indian Tribe to address environmental justice issues; and (iii) the activities carried out by each Tribal Government to reduce or eliminate disproportionately adverse human health or environmental effects on applicable environmental justice communities in Tribal and Indigenous communities. (B) Public availability.--The Administrator shall make each report required under subparagraph (A) available to the public (including by posting a copy of the report on the website of the Environmental Protection Agency). (4) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $25,000,000 for each of fiscal years 2022 through 2026. (d) Community-Based Participatory Research Grant Program.-- (1) Establishment.--The Administrator, in consultation with the Director, shall establish a program under which the Administrator shall provide not more than 25 multiyear grants to eligible entities to carry out community-based participatory research-- (A) to address issues relating to environmental justice; (B) to improve the environment of residents and workers in environmental justice communities; and (C) to improve the health outcomes of residents and workers in environmental justice communities. (2) Eligibility.--To be eligible to receive a multiyear grant under paragraph (1), an eligible entity shall be a partnership composed of-- (A) an accredited institution of higher education; and (B) a community-based organization. (3) Application.--To be eligible to receive a multiyear grant under paragraph (1), an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including-- (A) a detailed description of the partnership of the eligible entity that, as determined by the Administrator, demonstrates the participation of members of the community at which the eligible entity proposes to conduct the research; and (B) a description of-- (i) the project proposed by the eligible entity; and (ii) the ways by which the project will-- (I) address issues relating to environmental justice; (II) assist in the improvement of health outcomes of residents and workers in environmental justice communities; and (III) assist in the improvement of the environment of residents and workers in environmental justice communities. (4) Public availability.--The Administrator shall make the results of the grants provided under this subsection available to the public, including by posting on the website of the Environmental Protection Agency a copy of the grant awards and an annual report at the beginning of each fiscal year describing the research findings associated with each grant provided under this subsection. (5) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $10,000,000 for each of fiscal years 2022 through 2026. SEC. 17. ENVIRONMENTAL JUSTICE BASIC TRAINING PROGRAM. (a) Establishment.--The Administrator shall establish a basic training program, in coordination and consultation with nongovernmental environmental justice organizations, to increase the capacity of residents of environmental justice communities to identify and address disproportionately adverse human health or environmental effects by providing culturally and linguistically appropriate-- (1) training and education relating to-- (A) basic and advanced techniques for the detection, assessment, and evaluation of the effects of hazardous substances on human health; (B) methods to assess the risks to human health presented by hazardous substances; (C) methods and technologies to detect hazardous substances in the environment; (D) basic biological, chemical, and physical methods to reduce the quantity and toxicity of hazardous substances; (E) the rights and safeguards currently afforded to individuals through policies and laws intended to help environmental justice communities address disparate impacts and discrimination, including-- (i) environmental laws; and (ii) section 602 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1); (F) public engagement opportunities through the policies and laws described in subparagraph (E); (G) materials available on the Clearinghouse; (H) methods to expand access to parks and other natural and recreational amenities; and (I) finding and applying for Federal grants related to environmental justice; and (2) short courses and continuation education programs for residents of communities who are located in close proximity to hazardous substances to provide-- (A) education relating to-- (i) the proper manner to handle hazardous substances; (ii) the management of facilities at which hazardous substances are located (including facility compliance protocols); and (iii) the evaluation of the hazards that facilities described in clause (ii) pose to human health; and (B) training on environmental and occupational health and safety with respect to the public health and engineering aspects of hazardous waste control. (b) Grant Program.-- (1) Establishment.--In carrying out the basic training program established under subsection (a), the Administrator may provide grants to, or enter into any contract or cooperative agreement with, an eligible entity to carry out any training or educational activity described in subsection (a). (2) Eligible entity.--To be eligible to receive assistance under paragraph (1), an eligible entity shall be an accredited institution of education in partnership with-- (A) a community-based organization that carries out activities relating to environmental justice; (B) a generator of hazardous waste; (C) any individual who is involved in the detection, assessment, evaluation, or treatment of hazardous waste; (D) any owner or operator of a facility at which hazardous substances are located; or (E) any State government, Tribal Government, or local government. (c) Plan.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Administrator, in consultation with the Director, shall develop and publish in the Federal Register a plan to carry out the basic training program established under subsection (a). (2) Contents.--The plan described in paragraph (1) shall contain-- (A) a list that describes the relative priority of each activity described in subsection (a); and (B) a description of research and training relevant to environmental justice issues of communities adversely affected by pollution. (3) Coordination with federal agencies.--The Administrator shall, to the maximum extent practicable, take appropriate steps to coordinate the activities of the basic training program described in the plan with the activities of other Federal agencies to avoid any duplication of effort. (d) Report.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Administrator shall submit to the Committees on Energy and Commerce and Natural Resources of the House of Representatives and the Committees on Environment and Public Works and Energy and Natural Resources of the Senate a report describing-- (A) the implementation of the basic training program established under subsection (a); and (B) the impact of the basic training program on improving training opportunities for residents of environmental justice communities. (2) Public availability.--The Administrator shall make the report required under paragraph (1) available to the public (including by posting a copy of the report on the website of the Environmental Protection Agency). (e) 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. SEC. 18. NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL. (a) Establishment.--The President shall establish an advisory council, to be known as the ``National Environmental Justice Advisory Council''. (b) Membership.--The Advisory Council shall be composed of 26 members who have knowledge of, or experience relating to, the effect of environmental conditions on communities of color, low-income communities, and Tribal and Indigenous communities, including-- (1) representatives of-- (A) community-based organizations that carry out initiatives relating to environmental justice, including grassroots organizations led by people of color; (B) State governments, Tribal Governments, and local governments; (C) Indian Tribes and other Indigenous groups; (D) nongovernmental and environmental organizations; and (E) private sector organizations (including representatives of industries and businesses); and (2) experts in the field of-- (A) socioeconomic analysis; (B) health and environmental effects; (C) exposure evaluation; (D) environmental law and civil rights law; or (E) environmental health science research. (c) Subcommittees; Workgroups.-- (1) Establishment.--The Advisory Council may establish any subcommittee or workgroup to assist the Advisory Council in carrying out any duty of the Advisory Council described in subsection (d). (2) Report.--Upon the request of the Advisory Council, each subcommittee or workgroup established by the Advisory Council under paragraph (1) shall submit to the Advisory Council a report that contains-- (A) a description of each recommendation of the subcommittee or workgroup; and (B) any advice requested by the Advisory Council with respect to any duty of the Advisory Council. (d) Duties.--The Advisory Council shall provide independent advice and recommendations to the Environmental Protection Agency with respect to issues relating to environmental justice, including advice-- (1) to help develop, facilitate, and conduct reviews of the direction, criteria, scope, and adequacy of the scientific research and demonstration projects of the Environmental Protection Agency relating to environmental justice; (2) to improve participation, cooperation, and communication with respect to such issues-- (A) within the Environmental Protection Agency; (B) between the Environmental Protection Agency and other entities; and (C) between, and among, the Environmental Protection Agency and Federal agencies, State and local governments, Indian Tribes, environmental justice leaders, interest groups, and the public; (3) requested by the Administrator to help improve the response of the Environmental Protection Agency in securing environmental justice for communities of color, low-income communities, and Tribal and Indigenous communities; and (4) on issues relating to-- (A) the developmental framework of the Environmental Protection Agency with respect to the integration by the Environmental Protection Agency of socioeconomic programs into the strategic planning, annual planning, and management accountability of the Environmental Protection Agency to achieve environmental justice results throughout the Environmental Protection Agency; (B) the measurement and evaluation of the progress, quality, and adequacy of the Environmental Protection Agency in planning, developing, and implementing environmental justice strategies, projects, and programs; (C) any existing and future information management systems, technologies, and data collection activities of the Environmental Protection Agency (including recommendations to conduct analyses that support and strengthen environmental justice programs in administrative and scientific areas); (D) the administration of grant programs relating to environmental justice assistance; and (E) education, training, and other outreach activities conducted by the Environmental Protection Agency relating to environmental justice. (e) Meetings.-- (1) Frequency.-- (A) In general.--Subject to subparagraph (B), the Advisory Council shall meet biannually. (B) Authority of administrator.--The Administrator may require the Advisory Council to conduct additional meetings if the Administrator determines that the conduct of any additional meetings is necessary. (2) Public participation.-- (A) In general.--Subject to subparagraph (B), each meeting of the Advisory Council shall be open to the public to provide the public an opportunity-- (i) to submit comments to the Advisory Council; and (ii) to appear before the Advisory Council. (B) Authority of administrator.--The Administrator may close any meeting, or portion of any meeting, of the Advisory Council to the public. (f) FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Advisory Council. (g) Travel Expenses.--The Administrator may provide to any member of the Advisory Council travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Advisory Council. SEC. 19. ENVIRONMENTAL JUSTICE CLEARINGHOUSE. (a) Establishment.--Not later than 1 year after the date of enactment of this Act, the Administrator shall establish a public internet-based clearinghouse, to be known as the Environmental Justice Clearinghouse. (b) Contents.--The Clearinghouse shall be composed of culturally and linguistically appropriate materials related to environmental justice, including-- (1) information describing the activities conducted by the Environmental Protection Agency to address issues relating to environmental justice; (2) copies of training materials provided by the Administrator to help individuals and employees understand and carry out environmental justice activities; (3) links to web pages that describe environmental justice activities of other Federal agencies; (4) a directory of individuals who possess technical expertise in issues relating to environmental justice; (5) a directory of nonprofit and community-based organizations, including grassroots organizations led by people of color, that address issues relating to environmental justice at the local, State, and Federal levels (with particular emphasis given to nonprofit and community-based organizations that possess the capability to provide advice or technical assistance to environmental justice communities); and (6) any other appropriate information as determined by the Administrator, including information on any resources available to help address the disproportionate burden of adverse human health or environmental effects on environmental justice communities. (c) Consultation.--In developing the Clearinghouse, the Administrator shall consult with individuals representing academic and community-based organizations who have expertise in issues relating to environmental justice. (d) Annual Review.--The Advisory Council shall-- (1) conduct a review of the Clearinghouse on an annual basis; and (2) recommend to the Administrator any updates for the Clearinghouse that the Advisory Council determines to be necessary for the effective operation of the Clearinghouse. SEC. 20. PUBLIC MEETINGS. (a) In General.--Not later than 2 years after the date of enactment of this Act, and biennially thereafter, the Administrator shall hold public meetings on environmental justice issues in each region of the Environmental Protection Agency to gather public input with respect to the implementation and updating of environmental justice strategies and efforts of the Environmental Protection Agency. (b) Outreach to Environmental Justice Communities.--The Administrator, in advance of the meetings described in subsection (a), shall to the extent practicable hold multiple meetings in environmental justice communities in each region to provide meaningful community involvement opportunities. (c) Notice.--Notice for the meetings described in subsections (a) and (b) shall be provided-- (1) to applicable representative entities or organizations present in the environmental justice community, including-- (A) local religious organizations; (B) civic associations and organizations; (C) business associations of people of color; (D) environmental and environmental justice organizations; (E) homeowners', tenants', and neighborhood watch groups; (F) local and Tribal Governments; (G) rural cooperatives; (H) business and trade organizations; (I) community and social service organizations; (J) universities, colleges, and vocational schools; (K) labor organizations; (L) civil rights organizations; (M) senior citizens' groups; and (N) public health agencies and clinics; (2) through communication methods that are accessible in the applicable environmental justice community, which may include electronic media, newspapers, radio, and other media particularly targeted at communities of color, low-income communities, and Tribal and Indigenous communities; and (3) at least 30 days before any such meeting. (d) Communication Methods and Requirements.--The Administrator shall-- (1) provide translations of any documents made available to the public pursuant to this section in any language spoken by more than 5 percent of the population residing within the applicable environmental justice community, and make available translation services for meetings upon request; and (2) not require members of the public to produce a form of identification or register their names, provide other information, complete a questionnaire, or otherwise fulfill any condition precedent to attending a meeting, but if an attendance list, register, questionnaire, or other similar document is utilized during meetings, it shall state clearly that the signing, registering, or completion of the document is voluntary. (e) Required Attendance of Certain Employees.--In holding a public meeting under subsection (a), the Administrator shall ensure that at least 1 employee of the Environmental Protection Agency at the level of Assistant Administrator is present at the meeting to serve as a representative of the Environmental Protection Agency. SEC. 21. ENVIRONMENTAL PROJECTS FOR ENVIRONMENTAL JUSTICE COMMUNITIES. The Administrator shall ensure that all environmental projects developed as part of a settlement relating to violations in an environmental justice community-- (1) are developed through consultation with, and with the meaningful participation of, individuals in the affected environmental justice community; and (2) result in a quantifiable improvement to the health and well-being of individuals in the affected environmental justice community. SEC. 22. GRANTS TO FURTHER ACHIEVEMENT OF TRIBAL COASTAL ZONE OBJECTIVES. (a) Grants Authorized.--The Coastal Zone Management Act of 1972 is amended by inserting after section 309 (16 U.S.C. 1456b) the following: ``SEC. 309A. GRANTS TO FURTHER ACHIEVEMENT OF TRIBAL COASTAL ZONE OBJECTIVES. ``(a) Grants Authorized.--The Secretary may award grants, on a competitive basis, to Indian Tribes to pay for the Federal share of the cost of furthering achievement of the Tribal coastal zone objectives of such a Tribe. ``(b) Federal Share.-- ``(1) In general.--The Federal share of the cost of any activity carried out under a grant under this section shall be-- ``(A) in the case of a grant of less than $200,000, 100 percent of such cost; and ``(B) in the case of a grant of $200,000 or more, 95 percent of such cost, except as provided in paragraph (2). ``(2) Waiver.--The Secretary may waive the application of paragraph (1)(B) with respect to a grant to an Indian Tribe, or otherwise reduce the portion of the share of the cost of an activity required to be paid by an Indian Tribe under such paragraph, if the Secretary determines that the Tribe does not have sufficient funds to pay such portion. ``(c) Compatibility.--The Secretary may not award a grant under this section to an Indian Tribe unless the Secretary determines that the activities to be carried out under the grant are compatible with this title and that the Indian Tribe has consulted with the affected coastal state regarding the grant objectives and purposes. ``(d) Authorized Objectives and Purposes.--An Indian Tribe that receives a grant under this section shall use the grant funds for one or more of the objectives and purposes authorized under subsections (b) and (c), respectively, of section 306A, with respect to the Indian Tribe and its Tribal coastal zone. In applying section 306A(b) under this subsection, a reference in that section to a provision shall be considered to be a corresponding provision or policy for an Indian Tribe. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each fiscal year. ``(f) Definitions.--In this section: ``(1) Indian land; indian tribe.--The term `Indian land' has the meaning given the term, and the term `Indian Tribe' has the meaning given the term `Indian tribe', under section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501). ``(2) Tribal coastal zone.--The term `Tribal coastal zone' means any Indian land of an Indian Tribe that is within the coastal zone. ``(3) Tribal coastal zone objective.--The term `Tribal coastal zone objective' means, with respect to an Indian Tribe and its Tribal coastal zone, any of the following objectives: ``(A) Protection, restoration, or preservation of areas in that zone of that Tribe that-- ``(i) hold important ecological, cultural, or sacred significance for such Tribe; or ``(ii) reflect traditional, historic, and esthetic values essential to such Tribe. ``(B) Preparing and implementing a special area management plan and technical planning for important coastal areas. ``(C) Taking any coastal or shoreline stabilization measure, including any mitigation measure, for the purpose of public safety, public access, or cultural or historical preservation.''. (b) Guidance.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce shall issue guidance for the program established under the amendment made by subsection (a), including the criteria for awarding grants under such program based on consultation with Indian Tribes (as that term is defined in that amendment). (c) Use of State Grants To Fulfill Tribal Objectives.--Section 306A(c)(2) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455a(c)(2)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; (2) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(F) fulfilling any Tribal coastal zone objective (as that term is defined in section 309A).''. (d) Other Programs Not Affected.--Nothing in this section, including an amendment made by this section, shall be construed to affect the ability of an Indian Tribe to apply for assistance, receive assistance under, or participate in any program authorized by the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) or other related Federal laws. SEC. 23. COSMETIC LABELING. (a) In General.--Chapter VI of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 361 et seq.) is amended by adding at the end the following: ``SEC. 604. LABELING. ``(a) Cosmetic Products for Professional Use.-- ``(1) Definition of professional.--With respect to cosmetics, the term `professional' means an individual who-- ``(A) is licensed by an official State authority to practice in the field of cosmetology, nail care, barbering, or esthetics; ``(B) has complied with all requirements set forth by the State for such licensing; and ``(C) has been granted a license by a State board or legal agency or legal authority. ``(2) Listing of ingredients.--Cosmetic products used and sold by professionals shall list all ingredients and warnings, as required for other cosmetic products under this chapter. ``(3) Professional use labeling.--In the case of a cosmetic product intended to be used only by a professional on account of a specific ingredient or increased concentration of an ingredient that requires safe handling by trained professionals, the product shall bear a statement as follows: `To be Administered Only by Licensed Professionals'. ``(b) Display Requirements.--A listing required under subsection (a)(2) and a statement required under subsection (a)(3) shall be prominently displayed-- ``(1) in the primary language used on the label; and ``(2) in conspicuous and legible type in contrast by typography, layout, or color with other material printed or displayed on the label. ``(c) Internet Sales.--In the case of internet sales of cosmetics, each internet website offering a cosmetic product for sale to consumers shall provide the same information that is included on the packaging of the cosmetic product as regularly available through in-person sales, except information that is unique to a single cosmetic product sold in a retail facility, such as a lot number or expiration date, and the warnings and statements described in subsection (b) shall be prominently and conspicuously displayed on the website. ``(d) Contact Information.--The label on each cosmetic shall bear the domestic telephone number or electronic contact information, and it is encouraged that the label include both the telephone number and electronic contact information, that consumers may use to contact the responsible person with respect to adverse events. The contact number shall provide a means for consumers to obtain additional information about ingredients in a cosmetic, including the ability to ask if a specific ingredient may be present that is not listed on the label, including whether a specific ingredient may be contained in the fragrance or flavor used in the cosmetic. The manufacturer of the cosmetic is responsible for providing such information, including obtaining the information from suppliers if it is not readily available. Suppliers are required to release such information upon request of the cosmetic manufacturer.''. (b) Misbranding.--Section 602 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 362) is amended by adding at the end the following: ``(g) If its labeling does not conform with a requirement under section 604.''. (c) Effective Date.--Section 604 of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), shall take effect on the date that is 1 year after the date of enactment of this Act. SEC. 24. SAFER COSMETIC ALTERNATIVES FOR DISPROPORTIONATELY IMPACTED COMMUNITIES. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary''), acting through the Commissioner of Food and Drugs, shall award grants to eligible entities-- (1) to support research focused on the design of safer alternatives to chemicals in cosmetics with inherent toxicity or associated with chronic adverse health effects; or (2) to provide educational awareness and community outreach efforts to educate the promote the use of safer alternatives in cosmetics. (b) Eligible Entities.--To be eligible to receive a grant under subsection (a), an entity shall-- (1) be a public institution such as a university, a nonprofit research institution, or a nonprofit grassroots organization; and (2) not benefit from a financial relationship with a chemical or cosmetics manufacturer, supplier, or trade association. (c) Priority.--In awarding grants under subsection (a), the Secretary shall give priority to applicants proposing to focus on-- (1) replacing chemicals in professional cosmetic products used by nail and hair and beauty salon workers with safer alternatives; or (2) replacing chemicals in cosmetic products marketed to women and girls of color, including any such beauty, personal hygiene, and intimate care products, with safer alternatives. (d) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2022 through 2026. SEC. 25. SAFER CHILD CARE CENTERS, SCHOOLS, AND HOMES FOR DISPROPORTIONATELY IMPACTED COMMUNITIES. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary''), acting through the Commissioner of Food and Drugs, in consultation with the Administrator of the Environmental Protection Agency, shall award grants to eligible entities to support research focused on the design of safer alternatives to chemicals in consumer, cleaning, toy, and baby products with inherent toxicity or that are associated with chronic adverse health effects. (b) Eligible Entities.--To be eligible to receive a grant under subsection (a), an entity shall-- (1) be a public institution such as a university or a nonprofit research institution; and (2) not benefit from a financial relationship with-- (A) a chemical manufacturer, supplier, or trade association; or (B) a cleaning, toy, or baby product manufacturer, supplier, or trade association. (c) Priority.--In awarding grants under subsection (a), the Secretary shall give priority to applicants proposing to focus on replacing chemicals in cleaning, toy, or baby products used by childcare providers with safer alternatives. (d) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2022 through 2026. SEC. 26. CERTAIN MENSTRUAL PRODUCTS MISBRANDED IF LABELING DOES NOT INCLUDE INGREDIENTS. (a) In General.--Section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352) is amended by adding at the end the following: ``(gg) If it is a menstrual product, such as a menstrual cup, a scented, scented deodorized, or unscented menstrual pad or tampon, a therapeutic vaginal douche apparatus, or an obstetrical and gynecological device described in section 884.5400, 884.5425, 884.5435, 884.5460, 884.5470, or 884.5900 of title 21, Code of Federal Regulations (or any successor regulation), unless its label or labeling lists the name of each ingredient or component of the product in order of the most predominant ingredient or component to the least predominant ingredient or component.''. (b) Effective Date.--The amendment made by subsection (a) applies with respect to products introduced or delivered for introduction into interstate commerce on or after the date that is one year after the date of the enactment of this Act. SEC. 27. SUPPORT BY NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES FOR RESEARCH ON HEALTH DISPARITIES IMPACTING COMMUNITIES OF COLOR. Subpart 12 of part C of title IV of the Public Health Service Act (42 U.S.C. 285l et seq.) is amended by adding at the end the following new section: ``SEC. 463C. RESEARCH ON HEALTH DISPARITIES RELATED TO COSMETICS IMPACTING COMMUNITIES OF COLOR. ``(a) In General.--The Director of the Institute shall award grants to eligible entities-- ``(1) to expand support for basic, epidemiological, and social scientific investigations into-- ``(A) the chemicals linked (or with possible links) to adverse health effects most commonly found in cosmetics marketed to women and girls of color, including beauty, personal hygiene, and intimate care products; ``(B) the marketing and sale of such cosmetics containing chemicals linked to adverse health effects to women and girls of color across their lifespans; ``(C) the use of such cosmetics by women and girls of color across their lifespans; or ``(D) the chemicals linked to the adverse health effects most commonly found in products used by nail, hair, and beauty salon workers; ``(2) to provide educational awareness and community outreach efforts to educate the promote the use of safer alternatives in cosmetics; and ``(3) to disseminate the results of any such research described in subparagraph (A) or (B) of paragraph (1) (conducted by the grantee pursuant to this section or otherwise) to help communities identify and address potentially unsafe chemical exposures in the use of cosmetics. ``(b) Eligible Entities.--To be eligible to receive a grant under subsection (a), an entity shall-- ``(1) be a public institution such as a university, a nonprofit research institution, or a nonprofit grassroots organization; and ``(2) not benefit from a financial relationship with a chemical or cosmetics manufacturer, supplier, or trade association. ``(c) Report.--Not later than the end 1 year after awarding grants under this section, and each year thereafter, the Director of the Institute shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, and make publicly available, a report on the results of the investigations funded under subsection (a), including-- ``(1) summary findings on-- ``(A) marketing strategies, product categories, and specific cosmetics containing ingredients linked to adverse health effects; and ``(B) the demographics of the populations marketed to and using cosmetics containing such ingredients for personal and professional use; and ``(2) recommended public health information strategies to reduce potentially unsafe exposures to cosmetics. ``(d) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2022 through 2026.''. SEC. 28. REVENUES FOR JUST TRANSITION ASSISTANCE. (a) Definitions.--In this section: (1) Nonproducing lease.--The term ``nonproducing lease'' means any Federal onshore or offshore oil or natural gas lease under which oil or natural gas is produced for fewer than 90 days in an applicable calendar year. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Mineral Leasing Revenue.-- (1) Coal leases.--Section 7(a) of the Mineral Leasing Act (30 U.S.C. 207(a)) is amended, in the fourth sentence, by striking ``12\1/2\ per centum'' and inserting ``18.75 percent''. (2) Leases on land known or believed to contain oil or natural gas.--Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended-- (A) in subsection (b)-- (i) in paragraph (1)(A)-- (I) in the fourth sentence, by striking ``shall be held'' and all that follows through ``are necessary'' and inserting ``may be held in each State not more than once each year''; and (II) in the fifth sentence, by striking ``12.5 percent'' and inserting ``18.75 percent''; and (ii) in paragraph (2)(A)(ii), by striking ``12\1/2\ per centum'' and inserting ``18.75 percent''; (B) in subsection (c)(1), in the second sentence, by striking ``12.5 percent'' and inserting ``18.75 percent''; (C) in subsection (l), by striking ``12\1/2\ per centum'' each place it appears and inserting ``18.75 percent''; and (D) in subsection (n)(1)(C), by striking ``12\1/2\ per centum'' and inserting ``18.75 percent''. (3) Reinstatement of leases.--Section 31(e)(3) of the Mineral Leasing Act (30 U.S.C. 188(e)(3)) is amended by striking ``16\2/3\'' each place it appears and inserting ``25''. (4) Deposits.--Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is amended-- (A) in subsection (a), in the first sentence, by striking ``All'' and inserting ``Except as provided in subsection (e), all''; and (B) by adding at the end the following: ``(e) Distribution of Certain Amounts.--Notwithstanding paragraph (1), the amount of any increase in revenues collected as a result of the amendments made by subsection (b) of section 28 of the Environmental Justice For All Act shall be deposited and distributed in accordance with subsection (d) of that section.''. (c) Fees for Producing Leases and Nonproducing Leases.-- (1) Conservation of resources fees.--There is established a fee of $4 per acre per year on producing Federal onshore and offshore oil and gas leases. (2) Speculative leasing fees.--There is established a fee of $6 per acre per year on nonproducing leases. (d) Deposit.-- (1) In general.--All amounts collected under paragraphs (1) and (2) of subsection (c) shall be deposited in the Federal Energy Transition Economic Development Assistance Fund established by section 29(c). (2) Mineral leasing revenue.--Notwithstanding any other provision of law, of the amount of any increase in revenue collected as a result of the amendments made by subsection (b)-- (A) 50 percent shall be deposited in the Federal Energy Transition Economic Development Assistance Fund established by section 29(c); and (B) 50 percent shall be distributed to the State in which the production occurred. (e) Adjustment for Inflation.--The Secretary shall, by regulation at least once every 4 years, adjust each fee established by subsection (c) to reflect any change in the Consumer Price Index (all items, United States city average) as prepared by the Department of Labor. SEC. 29. ECONOMIC REVITALIZATION FOR FOSSIL FUEL-DEPENDENT COMMUNITIES. (a) Purpose.--The purpose of this section is to promote economic revitalization, diversification, and development in communities-- (1) that depend on fossil fuel mining, extraction, or refining for a significant amount of economic opportunities; or (2) in which a significant proportion of the population is employed at electric generating stations that use fossil fuels as the predominant fuel supply. (b) Definitions.--In this section: (1) Advisory committee.--The term ``Advisory Committee'' means the Just Transition Advisory Committee established by subsection (g)(1). (2) Displaced worker.--The term ``displaced worker'' means an individual who, due to efforts to reduce net emissions from public land or as a result of a downturn in fossil fuel mining, extraction, or production, has suffered a reduction in employment or economic opportunities. (3) Fossil fuel.--The term ``fossil fuel'' means coal, petroleum, natural gas, tar sands, oil shale, or any derivative of coal, petroleum, or natural gas. (4) Fossil fuel-dependent community.--The term ``fossil fuel-dependent community'' means a community-- (A) that depends on fossil fuel mining, and extraction, or refining for a significant amount of economic opportunities; or (B) in which a significant proportion of the population is employed at electric generating stations that use fossil fuels as the predominant fuel supply. (5) Fossil fuel transition community.--The term ``fossil fuel transition community'' means a community-- (A) that has been adversely affected economically by a recent reduction in fossil fuel mining, extraction, or production-related activity, as demonstrated by employment data, per capita income, or other indicators of economic distress; (B) that has historically relied on fossil fuel mining, extraction, or production-related activity for a substantial portion of its economy; or (C) in which the economic contribution of fossil fuel mining, extraction, or production-related activity has significantly declined. (6) Fund.--The term ``Fund'' means the Federal Energy Transition Economic Development Assistance Fund established by subsection (c). (7) Public land.-- (A) In general.--The term ``public land'' means any land and interest in land owned by the United States within the several States and administered by the Secretary or the Secretary of Agriculture (acting through the Chief of the Forest Service) without regard to how the United States acquired ownership. (B) Inclusion.--The term ``public land'' includes land located on the outer Continental Shelf. (C) Exclusion.--The term ``public land'' does not include land held in trust for an Indian Tribe or member of an Indian Tribe. (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (c) Establishment of Federal Energy Transition Economic Development Assistance Fund.--There is established in the Treasury of the United States a fund, to be known as the ``Federal Energy Transition Economic Development Assistance Fund'', which shall consist of amounts deposited in the Fund under section 28(d). (d) Distribution of Funds.--Of the amounts deposited in the Fund-- (1) 35 percent shall be distributed by the Secretary to States in which extraction of fossil fuels occurs on public land, based on a formula reflecting existing production and extraction in the State; (2) 35 percent shall be distributed by the Secretary to States based on a formula reflecting the quantity of fossil fuels historically produced and extracted in the State on public land before the date of enactment of this Act; and (3) 30 percent shall be allocated to a competitive grant program under subsection (f). (e) Use of Funds.-- (1) In general.--Funds distributed by the Secretary to States under paragraphs (1) and (2) of subsection (d) may be used for-- (A) environmental remediation of land and waters impacted by the full lifecycle of fossil fuel extraction and mining; (B) building partnerships to attract and invest in the economic future of historically fossil fuel- dependent communities; (C) increasing capacity and other technical assistance fostering long-term economic growth and opportunity in historically fossil fuel-dependent communities; (D) guaranteeing pensions, healthcare, and retirement security and providing a bridge of wage support until a displaced worker either finds new employment or reaches retirement; (E) severance payments for displaced workers; (F) carbon sequestration projects in natural systems on public land; or (G) expanding broadband access and broadband infrastructure. (2) Priority to fossil fuel workers.--In distributing funds under paragraph (1), the Secretary shall give priority to assisting displaced workers dislocated from fossil fuel mining and extraction industries. (f) Competitive Grant Program.-- (1) In general.--The Secretary shall establish a competitive grant program to provide funds to eligible entities for the purposes described in paragraph (3). (2) Definition of eligible entity.--In this subsection, the term ``eligible entity'' means a local, State, or Tribal government, local development district (as defined in section 382E(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009aa-4(a))), a nonprofit organization, labor union, economic development agency, or institution of higher education (including a community college). (3) Eligible use of funds.--The Secretary may award grants from amounts in the Fund made available under subsection (d)(3) for-- (A) the purposes described in subsection (e)(1); (B)(i) existing job retraining and apprenticeship programs for displaced workers; or (ii) programs designed to promote economic development in communities affected by a downturn in fossil fuel extraction and mining; (C) developing projects that-- (i) diversify local and regional economies; (ii) create jobs in new or existing non- fossil fuel industries; (iii) attract new sources of job-creating investment; or (iv) provide a range of workforce services and skills training; (D) internship programs in a field related to clean energy; and (E) the development and support of-- (i) a clean energy certificate program at a labor organization; or (ii) a clean energy major or minor program at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)). (g) Just Transition Advisory Committee.-- (1) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an advisory committee, to be known as the ``Just Transition Advisory Committee''. (2) Chair.--The President shall appoint a Chair of the Advisory Committee. (3) Duties.--The Advisory Committee shall-- (A) advise, assist, and support the Secretary in-- (i) the management and allocation of funds available under subsection (d); and (ii) the establishment and administration of the competitive grant program under subsection (f); and (B) develop procedures to ensure that States and applicants eligible to participate in the competitive grant program established under subsection (f) are notified of the availability of Federal funds pursuant to this section. (4) Membership.-- (A) In general.--The total number of members of the Advisory Committee shall not exceed 20 members. (B) Composition.--The Advisory Committee shall be composed of the following members appointed by the Chair: (i) A representative of the Assistant Secretary of Commerce for Economic Development. (ii) A representative of the Secretary of Labor. (iii) A representative of the Under Secretary for Rural Development. (iv) 2 individuals with professional economic development or workforce retraining experience. (v) An equal number of representatives from each of the following: (I) Labor unions. (II) Nonprofit environmental organizations. (III) Environmental justice organizations. (IV) Fossil fuel transition communities. (V) Public interest groups. (VI) Tribal and Indigenous communities. (5) Termination.--The Advisory Committee shall not terminate except by an Act of Congress. (h) Limit on Use of Funds.-- (1) Administrative costs.--Not more than 7 percent of the amounts in the Fund may be used for administrative costs incurred in implementing this section. (2) Limitation on funds to a single entity.--Not more than 5 percent of the amounts in the Fund may be awarded to a single eligible entity. (3) Calendar year limitation.--Not less than 15 percent of the amounts in the Fund shall be spent in each calendar year. (i) Use of American Iron, Steel, and Manufactured Goods.--None of the funds appropriated or otherwise made available by this section may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States, unless the manufactured good is not produced in the United States. (j) Submission to Congress.--The Secretary shall submit to the Committees on Appropriations and Energy and Natural Resources of the Senate and the Committees on Appropriations and Natural Resources of the House of Representatives, with the annual budget submission of the President, a list of projects, including a description of each project, that received funding under this section in the previous calendar year. SEC. 30. EVALUATION BY COMPTROLLER GENERAL OF THE UNITED STATES. Not later than 2 years after the date of enactment of this Act, and biennially thereafter, the Comptroller General of the United States shall submit to the Committees on Energy and Commerce and Natural Resources of the House of Representatives, and the Committees on Environment and Public Works and Energy and Natural Resources of the Senate, a report that contains an evaluation of the effectiveness of each activity carried out under this Act and the amendments made by this Act. <all>

Environmental Justice For All Act

To restore, reaffirm, and reconcile environmental justice and civil rights, and for other purposes.

Environmental Justice For All Act

Rep. Grijalva, Raúl M.

D

AZ

H.R.3688

Health

Modernizing Obstetric Medicine Standards Act of 2021 or the MOMS Act This bill provides statutory authority for an existing program and establishes a new grant program within the Health Resources and Services Administration (HRSA) to improve maternal health outcomes. Specifically, the bill provides statutory authority for the Alliance for Innovation on Maternal Health program, which is administered by HRSA's Maternal and Child Health Bureau. This program supports safe maternal care by promoting the use of evidence-based practices that improve patient outcomes. HRSA must also establish a new grant program for states and hospitals to implement these practices.

To address maternal mortality and morbidity. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Modernizing Obstetric Medicine Standards Act of 2021'' or the ``MOMS Act of 2021''. SEC. 2. MATERNAL MORTALITY AND MORBIDITY PREVENTION. (a) Pregnancy and Postpartum Safety and Monitoring Practices and Maternal Mortality and Morbidity Prevention.--Section 317K of the Public Health Service Act (42 U.S.C. 247b-12) is amended-- (1) by redesignating subsections (d) through (f) as subsections (f) through (h), respectively; (2) in subsection (a)(2)(D), by striking ``subsection (d)'' and inserting ``subsection (f)''; and (3) by inserting after subsection (c) the following: ``(d) Pregnancy and Postpartum Safety and Monitoring Practices and Maternal Mortality and Morbidity Prevention.-- ``(1) Alliance for innovation on maternal health.--The Secretary, acting through the Associate Administrator of the Maternal and Child Health Bureau of the Health Resources and Services Administration, shall establish a program, known as the Alliance for Innovation on Maternal Health program, to-- ``(A) enter into a contract with an interdisciplinary, multi-stakeholder, national organization promulgating a national data-driven maternal safety and quality improvement initiative based on evidence-based best practices to improve maternal safety and outcomes; ``(B) assist States with the development and implementation of postpartum safety and monitoring practices and maternal mortality and morbidity prevention, based on the best practices developed under paragraph (2); and ``(C) improve State-specific maternal health outcomes and reduce variation in response to maternity and postpartum care, in order to eliminate preventable maternal mortality and severe maternal morbidity. ``(2) Best practices.-- ``(A) In general.--Not later than 1 year after the date of enactment of the Modernizing Obstetric Medicine Standards Act of 2021, the Secretary, acting through the Administrator of the Health Resources and Services Administration, shall work with the contracting entity under paragraph (1)(A) to-- ``(i) create and assist State-based collaborative teams in the implementation of standardized best practices, to be known as `maternal safety bundles', for the purpose of maternal mortality and morbidity prevention; and ``(ii) collect and analyze data related to process structure and patient outcomes to drive continuous quality improvement in the implementation of the maternal safety bundles by such State-based teams. ``(B) Maternal safety bundles.--The best practices issued under subparagraph (A) may address the following topics: ``(i) Obstetric hemorrhage. ``(ii) Maternal mental, behavioral, and emotional health. ``(iii) Maternal venous and thromboembolism. ``(iv) Severe hypertension in pregnancy, including preeclampsia. ``(v) Obstetric care for women with substance abuse disorder. ``(vi) Postpartum care basics for maternal safety. ``(vii) Reduction of racial and ethnic disparities in maternity care. ``(viii) Safe reduction of primary cesarean birth. ``(ix) Severe maternal morbidity review. ``(x) Support after a severe maternal morbidity event. ``(xi) Ways to empower and listen to women before, during, and after childbirth to ensure better communication between patients and health care providers. ``(xii) Other leading causes of maternal mortality and morbidity, including infection or sepsis and cardiomyopathy. ``(3) Authorization of appropriations.--To carry out this subsection, in addition to amounts appropriated under subsection (g), there are authorized to be appropriated $5,000,000 for each of fiscal years 2022 through 2026.''. (b) Maternal Mortality and Morbidity Prevention Grants.--Section 317K of the Public Health Service Act (42 U.S.C. 247b-12), as amended by subsection (a), is further amended by inserting after subsection (d) the following: ``(e) Maternal Mortality and Morbidity Prevention Grant Program.-- ``(1) In general.--The Secretary, acting through the Associate Administrator of the Maternal and Child Health Bureau of the Health Resources and Services Administration, shall award grants to States or hospitals to assist in the development and implementation of the maternal safety bundles described in subsection (d)(2). ``(2) Use of funds.-- ``(A) In general.--A State or hospital receiving a grant under this subsection may use such funds-- ``(i) to purchase equipment and supplies to effectively implement and execute the maternal safety bundles described in subsection (d)(2); and ``(ii) to develop training on, and evaluation of the effectiveness of, such maternal safety bundles. ``(B) Priority use of funds for state grantees.--A State receiving a grant under this subsection shall allocate such funds giving priority to the hospitals in such State that serve high volumes of low-income, at- risk, or rural populations. ``(3) Prioritization of grant applications.--In awarding grants under this subsection, the Secretary shall prioritize applications from States, or hospitals within States, that-- ``(A) have a functioning maternal mortality review committee in accordance with best practices promulgated by the Building U.S. Capacity to Review and Prevent Maternal Deaths Initiative of the Centers for Disease Control and Prevention, the CDC Foundation, and the Association of Maternal and Child Health Programs; or ``(B) serve high volumes of low-income, at-risk, or rural populations. ``(4) Reporting requirements.-- ``(A) In general.--Not later than 2 years after receipt of a grant under this subsection, each recipient of such a grant shall submit a report to the Secretary describing-- ``(i) implementation of the maternal safety bundles with use of the grant funds; ``(ii) any incidents of pregnancy-related deaths or pregnancy-associated deaths, and any pregnancy-related complications or pregnancy- associated complications occurring in the 1- year period prior to implementation of such procedures; and ``(iii) any incidents of pregnancy-related deaths or pregnancy-associated deaths, and any pregnancy-related complications or pregnancy- associated complications occurring after implementation of such procedures. ``(B) Public availability; report to congress.-- Within 1 year of receiving the reports under subparagraph (A), the Secretary shall-- ``(i) make the reports submitted under subparagraph (A) publicly available; and ``(ii) submit a report to Congress that describes the grants awarded under this subsection, the effectiveness of the grant program under this subsection, the activities for which grant funds were used, and any recommendations to further prevent maternal mortality and morbidity. ``(C) Authorization of appropriations.--To carry out this subsection, in addition to amounts appropriated under subsection (g), there are authorized to be appropriated $40,000,000 for each of fiscal years 2022 through 2026.''. (c) Definitions.--Subsection (g) of section 317K of the Public Health Service Act (42 U.S.C. 247b-12), as redesignated by subsection (a)(1), is amended to read as follows: ``(g) Definitions.--In this section: ``(1) 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. ``(2) The terms `pregnancy-associated death' and `pregnancy-associated complication' mean the death or medical complication, respectively, of a woman that occurs during, or within 1 year following, her pregnancy, regardless of the outcome, duration, or site of the pregnancy. ``(3) The terms `pregnancy-related death' and `pregnancy- related complication' mean the death or medical complication, respectively, of a woman that-- ``(A) occurs during, or within 1 year following, her pregnancy, regardless of the outcome, duration, or site of the pregnancy; ``(B) is from any cause related to, or aggravated by, the pregnancy or its management; and ``(C) is not from an accidental or incidental cause. ``(4) The term `severe maternal morbidity' means the unexpected outcomes of labor and delivery that result in significant short- or long-term consequences to a woman's health.''. SEC. 3. REPORTING ON PREGNANCY-RELATED AND PREGNANCY-ASSOCIATED DEATHS AND COMPLICATIONS. (a) In General.--The Secretary of Health and Human Services shall encourage each State to voluntarily submit to the Secretary each year a report containing the findings of a State maternal mortality review committee with respect to each maternal death in the State that the committee reviewed during the year. (b) Maternal and Infant Health.--The Director of the Centers for Disease Control and Prevention shall-- (1) update the Pregnancy Mortality Surveillance System or develop a separate system so that such system is capable of including data obtained from State maternal mortality review committees; and (2) provide technical assistance to States in reviewing cases of pregnancy-related complications and pregnancy- associated complications. (c) Definitions.--In this section, the terms ``pregnancy-associated complication'' and ``pregnancy-related complication'' have the meanings given such terms in section 317K of the Public Health Service Act, as amended by section 2. <all>

MOMS Act of 2021

To address maternal mortality and morbidity.

MOMS Act of 2021 Modernizing Obstetric Medicine Standards Act of 2021

Rep. Adams, Alma S.

D

NC

S.2037

Health

Protecting Access to Ground Ambulance Medical Services Act of 2021 This bill modifies Medicare payment of ground ambulance services in rural areas. Specifically, the bill extends the specialized rate increase for such services for an additional five years (until January 1, 2028). The bill also requires the Centers for Medicare & Medicaid Services to (1) allow an area that has 1,000 or fewer individuals per square mile to retain its status as a rural area even if it would otherwise no longer qualify, and (2) establish an appeals process for providers to seek reconsideration of a change in an area's status.

To amend title XVIII to strengthen ambulance services furnished under part B of the Medicare program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Protecting Access to Ground Ambulance Medical Services Act of 2021''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--PROTECT ACCESS TO HIGH QUALITY AMBULANCE CARE Sec. 101. Protecting patient access to ground ambulance services. TITLE II--PROTECT ACCESS TO GROUND AMBULANCE SERVICES IN RURAL AMERICA Sec. 201. Protecting access to ambulance services in rural and low population density areas. TITLE I--PROTECT ACCESS TO HIGH QUALITY AMBULANCE CARE SEC. 101. PROTECTING PATIENT ACCESS TO GROUND AMBULANCE SERVICES. Section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) is amended-- (1) in paragraph (12)(A), by striking ``2023'' and inserting ``2028''; and (2) in paragraph (13)(A), by striking ``2023'' each place it appears and inserting ``2028'' in each such place. TITLE II--PROTECT ACCESS TO GROUND AMBULANCE SERVICES IN RURAL AMERICA SEC. 201. PROTECTING ACCESS TO AMBULANCE SERVICES IN RURAL AND LOW POPULATION DENSITY AREAS. Section 1834(l)(12) of the Social Security Act (42 U.S.C. 1395m(l)(12)) is amended by adding at the end the following new subparagraphs: ``(C) Exception for rural and qualified rural areas.--The Secretary shall deem an area designated as a rural or qualified rural area under this paragraph that would otherwise no longer receive such designation to retain its previous designated status if there are 1,000 or fewer individuals per square mile in the area. ``(D) Right to appeal rural areas and qualified rural areas.--The Secretary shall establish an administrative appeals process to allow ambulance services providers and suppliers to seek reconsideration of a change in a ZIP code's status as a rural or qualified rural area during the first 12 months after the Secretary finalizes a change in the designation made under this paragraph.''. <all>

Protecting Access to Ground Ambulance Medical Services Act of 2021

A bill to amend title XVIII to strengthen ambulance services furnished under part B of the Medicare program.

Protecting Access to Ground Ambulance Medical Services Act of 2021

Sen. Cortez Masto, Catherine

D

NV

S.429

International Affairs

Countering Chinese Propaganda Act This bill directs the President to impose asset- and visa-blocking sanctions on foreign individuals and entities engaged in certain acts of malign disinformation. Specifically, the President shall impose sanctions on an individual or entity that knowingly commits a significant act of malign disinformation on behalf of a foreign government or political party to influence certain activities in the United States for the purpose of harming (1) U.S. national security, or (2) the safety and security of a U.S. citizen or legal permanent resident. The Department of State shall report to Congress a determination of whether the Chinese Communist Party's United Front Work Department, which engages in disinformation campaigns and other activities, or any of its officials, falls within the sanctions provided under this bill.

To impose sanctions with respect to foreign persons that knowingly spread malign disinformation as part of or on behalf of a foreign government or political party for purposes of political warfare and to require a determination regarding the United Front Work Department of the Chinese Communist Party. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Countering Chinese Propaganda Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The U.S.-China Economic and Security Review Commission has noted that ``China uses what it calls United Front [Work Department] of the Chinese Communist Party to co-opt and neutralize sources of potential opposition to the policies and authority of its ruling Chinese Communist Party (CCP)''. (2) In 1939, Chinese leader Mao Zedong hailed the United Front Work Department as a ``magic weapon'' in the victory of the communist revolution along with ``armed struggle''. (3) Chinese President Xi Jinping has also referred to the United Front Work Department with those words and given it a key role in what he calls achieving the People's Republic of China's national rejuvenation. (4) According to a report by Alex Joske formerly of the Australian Strategic Policy Institute, the United Front Work Department has doubled in size since 2015. (5) The United Front Work Department is involved in espionage campaigns, political warfare efforts, malign disinformation, utilizing the Chinese diaspora abroad, and infiltration of educational institutions all with the goal of softening opposition to the Chinese Communist Party and its policies throughout the world. (6) The United Front Work Department played a seminal role in coordinating multifaceted disinformation campaigns to blame the United States for the spread of the Coronavirus Disease 2019 (commonly referred to as ``COVID-19'') pandemic and coverup the People's Republic of China's negligent response to the pandemic. (7) An investigation by ProPublica released on March 26, 2020, found that the United Front Work Department was connected to a network of fake and hijacked Twitter accounts that were covertly spreading Chinese Government propaganda about COVID-19 to global audiences. (8) The United Front Work Department utilized Chinese diaspora community associations under its control to purchase personal protective equipment as the COVID-19 outbreak troubled China from mid-January 2020 on. (9) In February 2020, The Global Times, a site run by the Chinese Communist Party's People's Daily newspaper, alleged that COVID-19 was brought to the People's Republic of China from a United States military base during the World Games. (10) As Sheridan Prasso of Bloomberg has reported, the United Front Work Department has actively worked to undermine democracy in Hong Kong under the umbrella of the People's Republic of China's State Council's Liaison Office by spreading disinformation and activating a network of media outlets, and diaspora organizations and pressuring businesses in the city to support the People's Republic of China's national security laws. (11) The United Front Work Department has played an integral role in the People's Republic of China's war on religion by leading efforts to publish a new edition of the Bible with Chinese Communist characteristics, actively running internment camps and carrying out anti-religion campaigns against Uyghur Muslims in Xinjiang and severe religious repression of Buddhists in Tibet. (12) Recognizing the threat of the United Front Work Department, on December 4, 2020, former Secretary of State Mike Pompeo imposed visa restrictions on individuals activated in United Front Work Department activities under section 212(a)(3)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(C)). Furthermore, on January 15, 2021, the Department of the Treasury imposed sanctions on You Quan, the head of the United Front Work Department of the Central Committee of the Chinese Communist Party, placing him on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control for his role in the crackdown on pro-democracy protesters in Hong Kong. SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT KNOWINGLY SPREAD MALIGN DISINFORMATION AS PART OF OR ON BEHALF OF A FOREIGN GOVERNMENT OR POLITICAL PARTY FOR PURPOSES OF POLITICAL WARFARE. (a) Imposition of Sanctions.--The President shall impose the sanctions described in subsection (b) with respect to any foreign person that the President determines knowingly commits a significant act of malign disinformation on behalf of the government of a foreign country or foreign political party that has the direct purpose or effect of influencing political, diplomatic, or educational activities in the United States for the purpose of harming-- (1) the national security or defense of the United States; or (2) the safety and security of any United States citizen or alien lawfully admitted for permanent residence. (b) Sanctions Described.-- (1) In general.--The sanctions described in this subsection with respect to a foreign person determined by the President to be subject to subsection (a) are the following: (A) Asset blocking.--The President shall exercise of all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Inadmissibility of certain individuals.-- (i) Ineligibility for visas, admission, or parole.--In the case of a foreign person who is an individual, the foreign person is-- (I) inadmissible to the United States; (II) ineligible to receive a visa or other documentation to enter the United States; and (III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (ii) Current visas revoked.-- (I) In general.--In the case of a foreign person who is an individual, the visa or other documentation issued to the person shall be revoked, regardless of when such visa or other documentation is or was issued. (II) Effect of revocation.--A revocation under subclause (I) shall-- (aa) take effect immediately; and (bb) automatically cancel any other valid visa or entry documentation that is in the person's possession. (2) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of any regulation, license, or order issued to carry out paragraph (1)(A) 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. (3) Exception to comply with united nations headquarters agreement.--Sanctions under paragraph (1)(B) shall not apply to a foreign person who is an individual if admitting the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (c) Waiver.--The President may, on a case-by-case basis and for periods not to exceed 180 days, waive the application of sanctions imposed with respect to a foreign person under this section if the President certifies to the appropriate congressional committees not later than 15 days before such waiver is to take effect that the waiver is vital to the national security interests of the United States. (d) Implementation Authority.--The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this section. (e) Regulatory Authority.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the President shall promulgate such regulations as are necessary for the implementation of this section. (2) Notification to congress.--Not less than 10 days before the promulgation of regulations under paragraph (1), the President shall notify and provide to the appropriate congressional committees the proposed regulations and an identification of the provisions of this section that the regulations are implementing. (f) Definitions.--In this section: (1) Admitted; alien.--The terms ``admitted'' and ``alien'' have the meanings given those terms in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)). (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs, the Committee on the Judiciary, the Committee on Ways and Means, and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on the Judiciary, the Committee on Finance, and the Committee on Banking, Housing, and Urban Affairs of the Senate. (3) Foreign person.--The term ``foreign person'' means a person that is not a United States person. (4) Knowingly.--The term ``knowingly'', with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (5) Person.--The term ``person'' means an individual or entity. (6) Property; interest in property.--The terms ``property'' and ``interest in property'' have the meanings given the terms ``property'' and ``property interest'', respectively, in section 576.312 of title 31, Code of Federal Regulations, as in effect on the day before the date of the enactment of this Act. (7) United states person.--The term ``United States person'' means-- (A) an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States. (g) Sunset.-- (1) In general.--This section shall cease to be effective beginning on January 1, 2025. (2) Inapplicability.--Paragraph (1) shall not apply with respect to sanctions imposed with respect to a foreign person under this section before January 1, 2025. SEC. 4. DETERMINATION WITH RESPECT TO THE IMPOSITION OF SANCTIONS ON THE UNITED FRONT WORK DEPARTMENT OF THE CHINESE COMMUNIST PARTY. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a determination, including a detailed justification, on whether the United Front Work Department of the Chinese Communist Party, or any component or official thereof, meets the criteria for the application of sanctions pursuant to-- (1) section 3 of this Act; (2) section 1263 of the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114- 328; 22 U.S.C. 2656 note); (3) section 6 of the Uyghur Human Rights Policy Act of 2020 (Public Law 116-145; 22 U.S.C. 6901 note); or (4) Executive Order 13694 (50 U.S.C. 1701 note; relating to blocking property of certain persons engaged in significant malicious cyber-enabled activities). (b) Form.--The determination required by subsection (a) shall be submitted in unclassified form but may contain a classified annex. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and (2) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate. <all>

Countering Chinese Propaganda Act

A bill to impose sanctions with respect to foreign persons that knowingly spread malign disinformation as part of or on behalf of a foreign government or political party for purposes of political warfare and to require a determination regarding the United Front Work Department of the Chinese Communist Party.

Countering Chinese Propaganda Act

Sen. Cotton, Tom

R

AR

H.R.6034

International Affairs

Diplomatic Support and Security Act of 2021 This bill modifies procedures for investigating serious security incidents related to a U.S. government mission abroad and addresses related issues. Under this bill, a serious security incident involves (1) the loss of life, serious injury, or significant destruction of U.S. government property abroad; or (2) a serious breach of security involving intelligence activities of a foreign government directed at a U.S. government mission abroad. Currently, accountability review boards convened by the Department of State investigate and report on these incidents. The bill establishes the Serious Security Incident Investigation Permanent Coordinating Committee to determine whether an event qualifies as a serious security incident. The State Department Diplomatic Security Service must assemble a team to investigate certain events relating to a U.S. government mission abroad that may be a serious security incident. The assembled team must prepare a report for the coordinating committee about the incident that includes an accounting of the relevant facts and an assessment of applicable security procedures and countermeasures. The coordinating committee must review the investigation report and make findings about, for example, the adequacy of security measures. The committee must provide, within 60 days, its findings and related recommendations to the Secretary of State. The findings and related recommendations must also be shared with Congress. The bill also requires the State Department's monthly briefings to Congress on embassy security to include an assessment of the national security risks stemming from the continued closure of high-risk, high-threat posts.

To amend the Diplomatic Security Act of 1986 to empower diplomats to pursue vital diplomatic goals and mitigate security risks at United States Government missions abroad, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Diplomatic Support and Security Act of 2021''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) it is a United States national security priority that United States Government mission personnel are able to fully execute their duties, including-- (A) providing United States citizen services that are often a matter of life and death in insecure places; (B) meeting with foreign officials, including government and nongovernment, civil society, private sector, and members of the press, to advance United States national security priorities; and (C) understanding, engaging, and reporting on foreign political, social, and economic conditions; (2) a risk-averse environment that inhibits the execution of these fundamental duties undermines the national security interests of the United States and contributes to the further militarization of United States foreign policy as military and intelligence agencies may experience fewer security restrictions and greater risk tolerance in the wake of security incidents; and (3) Congress has a role to play in addressing the negative impacts of an increasingly risk-averse culture at the Department of State and United States Agency for International Development and helping to create an appropriate balance of security and safety for United States diplomats and personnel with greater flexibility to carry out their most important duties, and in removing politics from the review of post- security incident evaluations. SEC. 3. ENCOURAGING EXPEDITIONARY DIPLOMACY. (a) Purpose.--Subsection (b) of section 102 of the Diplomatic Security Act (22 U.S.C. 4801(b)) is amended-- (1) by amending paragraph (3) to read as follows: ``(3) to promote strengthened security measures, institutionalize a culture of learning, and, in the case of apparent gross negligence or breach of duty, recommend the Director General of the Foreign Service investigate accountability for United States Government personnel with security-related responsibilities;''; (2) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (3) by inserting after paragraph (3) the following new paragraph: ``(4) to support a culture of effective risk management that enables the Department of State to pursue its vital goals with full knowledge that it is neither desirable nor possible for the Department to avoid all risks;''. (b) Briefings on Embassy Security.--Paragraph (1) of section 105(a) of the Diplomatic Security Act (22 U.S.C. 4804(a)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``any plans to open or reopen a high risk, high threat post'' and inserting ``progress towards opening or reopening high risk, high threat posts, and the risk to national security of the continued closure and remaining barriers to doing so''; (2) in subparagraph (A), by striking ``the type and level of security threats such post could encounter'' and inserting ``the risk to national security of the post's continued closure''; and (3) in subparagraph (C), by inserting ``the type and level of security threats such post could encounter, and'' before ``security `tripwires'''. SEC. 4. INVESTIGATION OF SERIOUS SECURITY INCIDENTS. (a) In General.--Section 301 of the Diplomatic Security Act (22 U.S.C. 4831) is amended-- (1) in the section heading, by striking the heading and inserting ``investigation of serious security incidents''; (2) in subsection (a)-- (A) by amending paragraph (1) to read as follows: ``(1) Convening the serious security incident investigation permanent coordinating committee process.-- ``(A) In general.--In any case of an incident involving loss of life, serious injury, or significant destruction of property at, or related to, a United States Government (USG) mission abroad, and in any case of a serious breach of security involving intelligence activities of a foreign government directed at a USG mission abroad, an investigation, to be referred to as a `Serious Security Incident Investigation' (SSII), into such incident shall be convened by the Department of State and a report produced for the Secretary of State providing a full account of such incident, including-- ``(i) whether security provisions pertinent to such incident were in place and functioning; ``(ii) whether any malfeasance or breach of duty took place that materially contributed to the outcome of such incident; and ``(iii) any recommendations of relevant security improvements or follow-up measures. ``(B) Exception.--Subsection (a) does not apply in the case of an incident that clearly involves only causes unrelated to security.''; (B) in paragraph (2), by striking ``Board'' and inserting ``Serious Security Incident Investigation''; and (C) by striking paragraph (3); (3) in subsection (b)-- (A) in paragraph (1)-- (i) by striking ``Except as'' and all that follows through ``convene a Board'' and inserting ``The Secretary of State shall conduct a Serious Security Incident Investigation (SSII) under subsection (a) and establish a subsequent process under section 302 to be carried out by the `Serious Security Incident Investigation Permanent Coordinating Committee' (SSII/PCC) established pursuant to such section''; and (ii) by striking ``for the convening of the Board''; and (B) in paragraph (2), by striking ``Board'' each place it appears and inserting ``SSII/PCC''; and (4) in subsection (c)-- (A) by striking ``Board'' the first place such term appears and inserting ``Serious Security Incident Investigation and begins the SSII/PCC process''; (B) by striking ``chairman'' and inserting ``chair and ranking member''; and (C) by striking ``Speaker'' and all that follows through the period at the end of paragraph (3) and inserting ``chair and ranking member of the Committee on Foreign Affairs of the House of Representatives.''. (b) Clerical Amendment.--The table of contents in section 2 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 is amended by striking the item relating to section 301 and inserting the following new item: ``Sec. 301. Investigation of serious security incidents.''. SEC. 5. SERIOUS SECURITY INCIDENT INVESTIGATION PERMANENT COORDINATING COMMITTEE. (a) In General.--Section 302 of the Diplomatic Security Act of 1986 (22 U.S.C. 4832) is amended to read as follows: ``SEC. 302. SERIOUS SECURITY INCIDENT INVESTIGATION PERMANENT COORDINATING COMMITTEE. ``(a) Bureau of Diplomatic Security Responsibility for Investigations.--The Diplomatic Security Service of the Bureau of Diplomatic Security of the Department of State shall be responsible for conducting the investigation of an incident involving loss of life, serious injury, or significant destruction of property at, or related to, a United States Government (USG) mission abroad that may be determined to be a serious security incident and providing investigative personnel and other resources as may be necessary. The results of every investigation of all such incidents shall be referred to the Serious Security Incident Investigation Permanent Coordinating Committee established and convened pursuant to subsection (b) for final determinations regarding whether such incidents are serious security incidents. ``(b) Serious Security Incident Permanent Coordinating Committee.-- ``(1) In general.--The Secretary of State shall establish and convene a committee, referred to as a `Serious Security Incident Investigation Permanent Coordinating Committee' (in this title referred to as the `SSII/PCC'), to review each incident described in subsection (a) to determine, in accordance with section 304, if each such incident is a serious security incident. The SSII/PCC shall review the Report of Investigation prepared under section 303(c) and any other available reporting and evidence, including video recordings, and shall prepare the SSII/PCC Report under section 304(b). ``(2) Composition.--The SSII/PCC shall be composed primarily of Assistant Secretary-level personnel or their designated representatives in the Department of State, and shall at a minimum include the following personnel: ``(A) A representative of the Under Secretary of State for Management, who shall serve as chair of the SSII/PCC. ``(B) The Assistant Secretary or designated representative responsible for the region in which the serious security incident occurred. ``(C) The Assistant Secretary or designated representative for Diplomatic Security. ``(D) The Assistant Secretary or designated representative for the Bureau of Intelligence and Research. ``(E) An Assistant Secretary-level or designated representative from any involved United States Government department or agency. ``(F) Other personnel as determined necessary or appropriate. ``(c) Definition.--In this section, the term `designated representative' means an official of the Department of State with a rank and status not lower than a Deputy Assistant Secretary-level or equivalent relevant to the office in which the Assistant Secretary referred to in paragraph (2) is a part and who is acting on behalf of the Assistant Secretary and with respect to whom the Assistant Secretary is responsible for the conduct and actions during the investigation process.''. (b) Clerical Amendment.--The table of contents in section 2 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 is amended by striking the item relating to section 302 and inserting the following new item: ``Sec. 302. Serious Security Incident Investigation Permanent Coordinating Committee.''. SEC. 6. SERIOUS SECURITY INCIDENT INVESTIGATION PROCESS. (a) In General.--Section 303 of the Diplomatic Security Act of 1986 (22 U.S.C. 4833) is amended to read as follows: ``SEC. 303. SERIOUS SECURITY INCIDENT INVESTIGATION PROCESS. ``(a) Investigation Process.-- ``(1) Initiation.--The Serious Security Incident Investigation process shall commence when a United States Government (USG) mission reports to the Secretary of State information relating to an incident involving loss of life, serious injury, or significant destruction of property at, or related to, a USG mission abroad, including detailed information about such incident, not later than 72 hours after the occurrence of such incident. ``(2) Investigation.--The Diplomatic Security Service of the Bureau of Diplomatic Security of the Department of State shall assemble an investigative team to carry out the investigation of an incident reported under paragraph (1). The investigation shall cover the following matters with respect to such incident: ``(A) An assessment of what occurred, an identification, if known, of the perpetrator suspected of having carried out such incident, and whether applicable security procedures were followed. ``(B) If such incident was an attack on a USG mission abroad, a determination regarding whether security systems, security countermeasures, and security procedures operated as intended. ``(C) If such incident was an attack on an individual or group of officers, employees, or family members under chief of mission authority conducting approved operations or movements outside a USG mission, a determination regarding whether proper security briefings and procedures were in place and whether security systems, security countermeasures, and security procedures operated as intended, and whether such systems, countermeasures, and procedures worked to materially mitigate such attack or were inadequate to mitigate any threat associated with such attack. ``(D) An assessment of whether any officials' or employees' failure to follow procedures or perform their duties contributed to such incident. ``(b) Referral and Recommendation.--The investigative team assembled pursuant to subsection (a)(2) shall-- ``(1) in accordance with section 302(a), refer to the SSII/ PCC the results, including the Report of Investigation under subsection (c), of each investigation carried out under subsection (a); and ``(2) make a recommendation to the SSII/PCC, based upon each such investigation, regarding whether the incident that is the subject of each such investigation, should be determined to be a serious security incident. ``(c) Report of Investigation.--At the conclusion of a Serious Security Incident Investigation under subsection (a), the investigative team shall prepare a Report of Investigation and submit such Report to the SSII/PCC. Such Report shall include the following elements: ``(1) A detailed description of the matters set forth in subparagraphs (A) through (D) of subsection (a)(2), including all related findings. ``(2) An accurate account of the casualties, injuries, and damage resulting from the incident that is the subject of the investigation. ``(3) A review of security procedures and directives in place at the time of such incident. ``(4) A recommendation, pursuant to subsection (b)(2), regarding whether such incident should be determined to be a serious security incident. ``(d) Confidentiality.--The investigative team shall adopt such procedures with respect to confidentiality as determined necessary, including procedures relating to the conduct of closed proceedings or the submission and use of evidence on camera, to ensure in particular the protection of classified information relating to national defense, foreign policy, or intelligence matters. The Director of National Intelligence shall establish the level of protection required for intelligence information and for information relating to intelligence personnel included in the Report of Investigation under subsection (b). The SSII/PCC shall determine the level of classification of the final report prepared under section 304(b), but shall incorporate in such report, to the maximum extent practicable, the confidentiality measures referred to in this subsection. ``(e) Individual Defined.--In this section and section 304, the term `individual' means-- ``(1) employees, as such term is defined in section 2105 of title 5 (including members of the Foreign Service); ``(2) members of the uniformed services, as such term is defined in section 101(3) of title 37; ``(3) employees of instrumentalities of the United States; and ``(4) individuals employed by any person or entity under contract with agencies or instrumentalities of the United States Government to provide services, equipment, or personnel.''. (b) Clerical Amendment.--The table of contents in section 2 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 is amended by striking the item relating to section 303 and inserting the following new item: ``Sec. 303. Serious security incident investigation process.''. SEC. 7. FINDINGS AND RECOMMENDATIONS OF THE SERIOUS SECURITY INCIDENT INVESTIGATION PERMANENT COORDINATING COMMITTEE. (a) In General.--Section 304 of the Diplomatic Security Act (22 U.S.C. 4834) is amended to read as follows: ``SEC. 304. SERIOUS SECURITY INCIDENT INVESTIGATION PERMANENT COORDINATING COMMITTEE FINDINGS AND REPORT. ``(a) In General.--The SSII/PCC shall review the Report of Investigation prepared pursuant to section 303(c), all other evidence, reporting, and relevant information relating to an incident involving loss of life, serious injury, or significant destruction of property at, or related to, a United States Government (USG) mission abroad, including an examination of the facts and circumstances surrounding any serious injuries, loss of life, or significant destruction of property resulting from such incident and shall make the following written findings and final determinations: ``(1) Whether such incident was security related and is determined to be a serious security incident. ``(2) If such incident was an attack on a USG mission abroad, whether the security systems, security countermeasures, and security procedures operated as intended, and whether such systems, countermeasures, and procedures worked to materially mitigate such attack or were inadequate to mitigate any threat associated with such attack. ``(3) If such incident involved an individual or group of officers conducting an approved operation outside a USG mission, a determination regarding whether a valid process was followed in evaluating such operation for approval and weighing any risks associated with such operation, except that such a determination shall not seek to assign accountability for such incident unless the SSII/PCC determines a breach of duty has occurred. ``(4) An assessment of the impact of intelligence and information availability relating to such incident, and whether the USG mission was aware of the general operating threat environment or any more specific threat intelligence or information and the extent to which such was taken into account in ongoing and specific operations. ``(5) Such other facts and circumstances that may be relevant to the appropriate security management of USG missions abroad. ``(b) SSII/PCC Report.--Not later than 60 days after receiving the Report of Investigation prepared under section 303(b), the SSII/PCC shall submit to the Secretary of State a SSII/PCC Report on the incident at issue, including the determination and findings under subsection (a) and any related recommendations related to preventing and responding to similar such incidents. Not later than 90 days after receiving such SSII/PCC Report, the Secretary of State shall submit such SSII/PCC Report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. Such SSII/PCC Report shall be submitted in unclassified form, but may include a classified annex. ``(c) Personnel Findings.--If in the course of conducting an investigation under section 303, the investigative team finds reasonable cause to believe any official or employee referred to in subsection (a)(2)(D) of such section has breached the duty of such official or employee, or finds lesser failures on the part of an official or employee in the performance of his or her duties related to the serious security incident at issue, the investigative team shall report such to the SSII/PCC. If the SSII/PCC finds reasonable cause to support a finding relating to such a breach or failure, the SSII/PCC shall-- ``(1) notify the official or employee concerned; ``(2) if such official or employee is employed by the Department of State, transmit to the Director General of the Foreign Service for appropriate action such finding, together with all information relevant to such finding; or ``(3) if such official or employee is employed by a Federal agency other than the Department of State, transmit to the head of such Federal agency for appropriate action such finding, together with all information relevant to such finding.''. (b) Clerical Amendment.--The table of contents in section 2 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 is amended by striking the item relating to section 304 and inserting the following new item: ``Sec. 304. Serious Security Incident Investigation Permanent Coordinating Committee findings and report.''. SEC. 8. RELATION TO OTHER PROCEEDINGS. Section 305 of the Diplomatic Security Act of 1986 (22 U.S.C. 4835) is amended-- (1) by striking ``Nothing in this title shall'' and inserting the following: ``(a) No Effect on Existing Remedies or Defenses.--Nothing in this title may''; and (2) by adding at the end of the following new subsection: ``(b) Future Inquiries.--Nothing in this title may be construed to preclude the Secretary of State from convening a follow-up public board of inquiry to investigate any serious security incident if such incident was of such magnitude or significance that an internal process is determined to be insufficient to understand and investigate such incident. All materials gathered during the procedures provided under this title shall be provided to any such related board of inquiry convened by the Secretary.''. SEC. 9. TRAINING FOR FOREIGN SERVICE PERSONNEL ON RISK MANAGEMENT PRACTICES. Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall develop and submit to the appropriate congressional committees a strategy to train and educate Foreign Service personnel on appropriate risk management practices when conducting their duties in high risk, high threat environments. Such strategy shall include the following elements: (1) Plans to develop and offer additional training courses, or augment existing courses, for Foreign Service officers regarding the conduct of their duties in high risk, high threat environments outside of diplomatic compounds, including for diplomatic personnel such as political officers, economic officers, consular officers, and others. (2) Plans to educate Senior Foreign Service personnel serving abroad, including ambassadors, chiefs of mission, deputy chiefs of missions, and regional security officers, on appropriate risk management practices to employ when evaluating requests for diplomatic operations in high risk, high threat environments outside of diplomatic compounds. SEC. 10. SENSE OF CONGRESS REGARDING ESTABLISHMENT OF EXPEDITIONARY DIPLOMACY AWARD. It is the sense of Congress that the Secretary of State should-- (1) encourage expeditionary diplomacy, proper risk management practices, and regular and meaningful engagement with civil society at the Department of State through the establishment of an annual award to be known as the ``Expeditionary Diplomacy Award'' that would be awarded to officers or employees of the Department; and (2) establish procedures for selecting recipients of such award, including any financial terms associated with such award. SEC. 11. PROMOTION IN THE FOREIGN SERVICE. Subsection (b) of the Foreign Service Act of 1980 (22 U.S.C. 4003) is amended-- (1) by inserting after ``as the case may be,'' the following: ``and when occupying positions for which the following is, to any degree, an element of the member's duties,''; (2) in paragraph (1), by striking ``when occupying positions for which such willingness and ability is, to any degree, an element of the member's duties''; (3) in paragraph (1), by striking ``, or'' and inserting a semicolon; (4) in paragraph (2), by striking the period and inserting ``; or''; (5) by redesignating paragraph (2) as paragraph (3); (6) by inserting after paragraph (1) the following new paragraph: ``(2) a willingness and ability to regularly and meaningfully engage with civil society and other local actors in-country;''; and (7) by inserting after paragraph (3) the following new paragraph: ``(4) the ability to effectively manage and assess risk associated with the conduct of diplomatic operations.''. SEC. 12. REPORTING REQUIREMENT. Not later than 180 days after the date of the enactment of this Act and for every 180 days thereafter for the following two years, the Secretary of State shall submit to the appropriate congressional committees a report on the Department of State's risk management efforts, including information relating to progress in implementing this Act, subsection (b) of section 102 of the Diplomatic Security Act (22 U.S.C. 4801), as amended by section 3(a) of this Act, and the following elements: (1) Progress on encouraging and incentivizing appropriate Foreign Service personnel to regularly and meaningfully engage with civil society and other local actors in-country. (2) Efforts to promote a more effective culture of risk management and greater risk tolerance among all Foreign Service personnel, including through additional risk management training and education opportunities. (3) Progress on efforts to incorporate the provisions of this Act into the Foreign Affairs Manual regulations and implement the Serious Security Incident Investigation Permanent Coordinating Committee (SSII/PCC) established and convened pursuant to section 302(b) of the Diplomatic Security Act (22 U.S.C. 4832), as amended by section 5 of this Act, to more closely align Department of State procedures with how other Federal departments and agencies analyze, weigh, and manage risk. SEC. 13. IMPLEMENTATION. Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall identify and report to the appropriate congressional committees which official of the Department of State, with a rank not lower than Assistant Secretary or equivalent, will be responsible for leading the implementation of this Act and the amendments made by this Act. SEC. 14. DEFINITION. In this Act, the term ``appropriate congressional committees'' means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. <all>

Diplomatic Support and Security Act of 2021

To amend the Diplomatic Security Act of 1986 to empower diplomats to pursue vital diplomatic goals and mitigate security risks at United States Government missions abroad, and for other purposes.

Diplomatic Support and Security Act of 2021

Rep. Jacobs, Sara

D

CA

S.923

Environmental Protection

Recycling Enhancements to Collection and Yield through Consumer Learning and Education Act of 2021 or the RECYCLE Act This bill provides support for recycling programs. Specifically, the bill requires the Environmental Protection Agency (EPA) to establish a program to award grants to improve the effectiveness of residential and community recycling programs through public education and outreach. In addition, the EPA must develop a model recycling program toolkit for states, Native American tribes, and local governments. Finally, the bill specifies that the EPA's review of its federal procurement guidelines for purchasing certain recycled materials and items made with such materials must occur at least once every five years.

To require the Administrator of the Environmental Protection Agency to establish a consumer recycling education and outreach grant 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 ``Recycling Enhancements to Collection and Yield through Consumer Learning and Education Act of 2021'' or the ``RECYCLE Act of 2021''. SEC. 2. DEFINITION OF ADMINISTRATOR. In this Act, the term ``Administrator'' means the Administrator of the Environmental Protection Agency. SEC. 3. CONSUMER RECYCLING EDUCATION AND OUTREACH GRANT PROGRAM. (a) In General.--The Administrator shall establish a program (referred to in this section as the ``grant program'') to award competitive grants to eligible entities to improve the effectiveness of residential and community recycling programs through public education and outreach. (b) Criteria.--The Administrator shall award grants under the grant program for projects that, by using one or more eligible activities described in subsection (e)-- (1) inform the public about residential or community recycling programs; (2) provide information about the recycled materials that are accepted as part of a residential or community recycling program that provides for the separate collection of residential solid waste from recycled material; and (3) increase collection rates and decrease contamination in residential and community recycling programs. (c) Eligible Entities.-- (1) In general.--An entity that is eligible to receive a grant under the grant program is-- (A) a State; (B) a unit of local government; (C) a Tribal government; (D) a nonprofit organization; or (E) a public-private partnership. (2) Coordination of activities.--Two or more entities described in paragraph (1) may receive a grant under the grant program to coordinate the provision of information to residents that may access two or more residential recycling programs, including programs that accept different recycled materials, to provide to the residents information regarding differences among those residential recycling programs. (d) Requirement.-- (1) In general.--To receive a grant under the grant program, an eligible entity shall demonstrate to the Administrator that the grant funds will be used to encourage the collection of recycled materials that are sold to an existing or developing market. (2) Business plans and financial data.-- (A) In general.--An eligible entity may make a demonstration under paragraph (1) through the submission to the Administrator of appropriate business plans and financial data. (B) Confidentiality.--The Administrator shall treat any business plans or financial data received under subparagraph (A) as confidential information. (e) Eligible Activities.--An eligible entity that receives a grant under the grant program may use the grant funds for activities including-- (1) public service announcements; (2) a door-to-door education and outreach campaign; (3) social media and digital outreach; (4) an advertising campaign on recycling awareness; (5) the development and dissemination of-- (A) a toolkit for a municipal and commercial recycling program; (B) information on the importance of quality in the recycling stream; (C) information on the economic and environmental benefits of recycling; and (D) information on what happens to materials after the materials are placed into a residential or community recycling program; (6) businesses recycling outreach; (7) bin, cart, and other receptacle labeling and signs; and (8) such other activities that the Administrator determines are appropriate to carry out the purposes of this section. (f) Prohibition on Use of Funds.--No funds may be awarded under the grant program for a residential recycling program that-- (1) does not provide for the separate collection of residential solid waste (as defined in section 246.101 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)) from recycled material (as defined in that section), unless the funds are used to promote a transition to a system that separately collects recycled materials; or (2) promotes the establishment of, or conversion to, a residential collection system that does not provide for the separate collection of residential solid waste from recycled material (as those terms are defined under paragraph (1)). (g) Model Recycling Program Toolkit.-- (1) In general.--In carrying out the grant program, the Administrator, in consultation with other relevant Federal agencies, States, Indian Tribes, units of local government, nonprofit organizations, and the private sector, shall develop a model recycling program toolkit for States, Indian Tribes, and units of local government that includes, at a minimum-- (A) a standardized set of terms and examples that may be used to describe materials that are accepted by a residential recycling program; (B) information that the Administrator determines can be widely applied across residential recycling programs, taking into consideration the differences in recycled materials accepted by residential recycling programs; (C) educational principles on best practices for the collection and processing of recycled materials; (D) a community self-assessment guide to identify gaps in existing recycling programs; (E) training modules that enable States and nonprofit organizations to provide technical assistance to units of local government; (F) access to consumer educational materials that States, Indian Tribes, and units of local government can adapt and use in recycling programs; and (G) a guide to measure the effectiveness of a grant received under the grant program, including standardized measurements for recycling rates and decreases in contamination. (2) Requirement.--In developing the standardized set of terms and examples under paragraph (1)(A), the Administrator may not establish any requirements for-- (A) what materials shall be accepted by a residential recycling program; or (B) the labeling of products. (h) School Curriculum.--The Administrator shall provide assistance to the educational community, including nonprofit organizations, such as an organization the science, technology, engineering, and mathematics program of which incorporates recycling, to promote the introduction of recycling principles and best practices into public school curricula. (i) Reports.-- (1) To the administrator.--Not earlier than 180 days, and not later than 2 years, after the date on which a grant under the grant program is awarded to an eligible entity, the eligible entity shall submit to the Administrator a report describing, by using the guide developed under subsection (g)(1)(G)-- (A) the change in volume of recycled material collected through the activities funded with the grant; (B) the change in participation rate of the recycling program funded with the grant; (C) the reduction of contamination in the recycling stream as a result of the activities funded with the grant; and (D) such other information as the Administrator determines to be appropriate. (2) To congress.--The Administrator shall submit to Congress an annual report describing-- (A) the effectiveness of residential recycling programs awarded funds under the grant program, including statistics comparing the quantity and quality of recycled materials collected by those programs, as described in the reports submitted to the Administrator under paragraph (1); and (B) recommendations on additional actions to improve residential recycling. SEC. 4. FEDERAL PROCUREMENT. Section 6002 of the Solid Waste Disposal Act (42 U.S.C. 6962) is amended-- (1) in subsection (e), in the matter preceding paragraph (1), by striking ``and from time to time, revise'' and inserting ``review not less frequently than once every 5 years, and, if appropriate, revise, in consultation with recyclers and manufacturers of products containing recycled content, not later than 2 years after the completion of the initial review after the date of enactment of the Recycling Enhancements to Collection and Yield through Consumer Learning and Education Act of 2021 and thereafter, as appropriate''; and (2) by adding at the end the following: ``(j) Consultation and Provision of Information by Administrator.-- The Administrator shall-- ``(1) consult with each procuring agency, including contractors of the procuring agency, to clarify the responsibilities of the procuring agency under this section; and ``(2) provide to each procuring agency information on the requirements under this section and the responsibilities of the procuring agency under this section. ``(k) Reports.--The Administrator, in consultation with the Administrator of General Services, shall submit to Congress an annual report describing-- ``(1) the quantity of federally procured recycled products listed in the guidelines under subsection (e); and ``(2) with respect to the products described in paragraph (1), the percentage of recycled material in each product.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to the Administrator to carry out this Act and the amendments made by this Act $15,000,000 for each of fiscal years 2022 through 2026. (b) Requirement.--Of the amount made available under subsection (a) for a fiscal year, not less than 10 percent shall be allocated to low- income communities (as defined in section 45D(e) of the Internal Revenue Code of 1986). <all>

RECYCLE Act of 2021

A bill to require the Administrator of the Environmental Protection Agency to establish a consumer recycling education and outreach grant program, and for other purposes.

RECYCLE Act of 2021 Recycling Enhancements to Collection and Yield through Consumer Learning and Education Act of 2021

Sen. Portman, Rob

R

OH

H.R.2313

Environmental Protection

Farmworker Pesticide Safety Act This bill addresses the administration of the Pesticide Registration Fund under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Under the bill, any amounts collected for FIFRA violations must be deposited to be used as part of the fund. The bill prescribes how the fund must be used for FY2021-FY2023, including by instructing the Environmental Protection Agency (EPA) to utilize a certain amount of money from specified parts of the fund for partnership grants, the pesticide safety education program, and scientific and regulatory activities relating to worker protection. Finally, the bill requires the EPA to include in its annual report a comprehensive statement of fund expenditures and deposits into the fund that come from amounts collected for FIFRA violations.

To amend the Federal Insecticide, Fungicide, and Rodenticide Act to provide for better protection of workers using registered pesticides, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Farmworker Pesticide Safety Act''. SEC. 2. PESTICIDE REGISTRATION FUND SET-ASIDES FOR WORKER PROTECTION, PARTNERSHIP GRANTS, AND PESTICIDE SAFETY EDUCATION. Section 33(c) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(c)) is amended-- (1) by amending paragraph (2) to read as follows: ``(2) Deposits in fund.--Subject to paragraph (4), the Administrator shall deposit in the Fund-- ``(A) fees collected under this section; and ``(B) any amounts collected or otherwise received by the United States for any violation under this Act, including such amounts received as-- ``(i) a fine; ``(ii) a civil or criminal penalty; or ``(iii) restitution to the Federal Government.''; (2) by amending paragraph (3)(B) to read as follows: ``(i) In general.-- ``(I) Fiscal years 2013 through 2020.--For each of fiscal years 2013 through 2020, the Administrator shall use approximately 1/17 of the amount in the Fund (but not less than $1,000,000) deposited pursuant to paragraph (2)(A) to enhance scientific and regulatory activities relating to worker protection, with an emphasis on field- worker populations in the United States. ``(II) Fiscal years 2021 through 2023.--For each of fiscal years 2021 through 2023, the Administrator shall use for the purpose specified in subclause (I)-- ``(aa) approximately 1/17 of the amount (but not less than $1,000,000) deposited in the Fund pursuant to paragraph (2)(A); and ``(bb) 50 percent of the amount deposited in the Fund pursuant to paragraph (2)(B). ``(ii) Partnership grants.-- ``(I) Fiscal years 2013 through 2020.--Of the amounts deposited in the Fund pursuant to paragraph (2)(A), the Administrator shall use for partnership grants, for each of fiscal years 2013 through 2020, $500,000. ``(II) Fiscal years 2021 through 2023.--For each of fiscal years 2021 through 2023, the Administrator shall use for partnership grants-- ``(aa) not less than $500,000 of the amount deposited in the Fund pursuant to paragraph (2)(A); and ``(bb) 25 percent of the amount deposited in the Fund pursuant to paragraph (2)(B). ``(iii) Pesticide safety education program.-- ``(I) Fiscal years 2013 through 2020.--Of the amounts deposited in the Fund pursuant to paragraph (2)(A), the Administrator shall use $500,000 for each of fiscal years 2013 through 2020 to carry out the pesticide safety education program. ``(II) Fiscal years 2021 through 2023.--For each of fiscal years 2021 through 2023, the Administrator shall use to carry out the pesticide safety education program-- ``(aa) not less than $500,000 of the amount deposited in the Fund pursuant to paragraph (2)(A); and ``(bb) 25 percent of the amount deposited in the Fund pursuant to paragraph (2)(B).''; and (3) in paragraph (4), by amending subparagraph (A) to read as follows: ``(A) shall be collected and available for obligation-- ``(i) in the case of amounts referred to in paragraph (2)(A), only to the extent provided in advance in appropriations Acts; and ``(ii) in the case of amounts referred to in paragraph (2)(B), upon deposit, without further appropriation and without fiscal year limitation.''. SEC. 3. REPORTING REQUIREMENTS. Section 33(k)(2)(O) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(k)(2)(O)) is amended-- (1) in clause (iii), by striking ``and'' at the end; (2) in clause (iv), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(v) a comprehensive statement of deposits into the Fund under subsection (c)(2) and expenditures from the Fund under subsection (c)(3) during the previous fiscal year.''. SEC. 4. TECHNICAL AND CLARIFYING AMENDMENTS. (a) Definitions.--Section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136) is amended-- (1) in subsection (hh)(3)-- (A) in the matter preceding subparagraph (A), by striking ``substances.'' and inserting ``substances''; and (B) in subparagraph (B), by inserting ``, or'' after ``ammonia volatilization''; (2) in subsection (i), by inserting ``the District Court for the Northern Mariana Islands'' after ``the District Court of Guam,''; and (3) in subsection (aa), by striking ``the Trust Territory of the Pacific Islands'' and inserting ``the Commonwealth of the Northern Mariana Islands''. (b) Research and Monitoring.--Section 20(c) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136r(c)) is amended by striking ``incidential pesticide exposure'' and inserting ``incidental pesticide exposure''. (c) Refunds.--Section 33(b)(8)(A) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(b)(8)(A)) is amended by striking ``25 percent.'' and inserting ``25 percent''. (d) Expenditures From Pesticide Registration Fund.--Section 33(c)(3)(A) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(c)(3)(A)) is amended by striking ``Subject to subparagraphs (B) and (C)'' and inserting ``Subject to subparagraph (B)''. SEC. 5. TRANSFER OF FUNDS FROM VIOLATIONS OF FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT. The Secretary of the Treasury shall transfer to the Administrator of the Environmental Protection Agency for deposit into the Pesticide Registration Fund pursuant to subparagraph (B) of section 33(c)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w- 8(c)(2)), as amended by section 2, any amounts collected or otherwise received by the United States as fines, civil or criminal penalties, forfeitures of property or assets, or restitution to the Federal Government for any violation under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.). <all>

Farmworker Pesticide Safety Act

To amend the Federal Insecticide, Fungicide, and Rodenticide Act to provide for better protection of workers using registered pesticides, and for other purposes.

Farmworker Pesticide Safety Act

Rep. Garamendi, John

D

CA

H.R.6510

Education

Supporting Transparency to Overcome Poverty and Campus Hunger Act or the STOP Campus Hunger Act This bill requires institutions of higher education (IHEs) that participate in federal student-aid programs to provide students with certain information related to nutrition assistance. Specifically, such IHEs must annually provide students with The bill also requires the Department of Education to annually update its College Navigator website with the most recent student eligibility guidance for SNAP and WIC.

To amend the Higher Education Act of 1965 to require that certain information with respect to nutrition assistance programs be annually disclosed, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Transparency to Overcome Poverty and Campus Hunger Act'' or the ``STOP Campus Hunger Act''. SEC. 2. STUDENT ELIGIBILITY INFORMATION FOR NUTRITION ASSISTANCE PROGRAMS. (a) Information Dissemination Activities.--Section 485(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(a)(1)) is amended-- (1) in subparagraph (U), by striking the ``and'' at the end; (2) in subparagraph (V), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(W) the most recent relevant student eligibility guidance with respect to the nutrition assistance programs established under-- ``(i) section 4 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014); and ``(ii) section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786); ``(X) the contact information for the State agencies responsible for administration of the programs specified in clauses (i) and (ii) of subparagraph (W); and ``(Y) the food pantries and other food assistance facilities and services available to students enrolled in such institution.''. (b) College Navigator Website.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Education shall make available and annually update on the College Navigator Website the most recent relevant student eligibility guidance with respect to the nutrition assistance programs established under-- (1) section 4 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014); and (2) section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786). <all>

STOP Campus Hunger Act

To amend the Higher Education Act of 1965 to require that certain information with respect to nutrition assistance programs be annually disclosed, and for other purposes.

STOP Campus Hunger Act Supporting Transparency to Overcome Poverty and Campus Hunger Act

Rep. Adams, Alma S.

D

NC

H.R.811

Government Operations and Politics

This bill requires the President, Vice President, and all officers and employees in the executive branch to comply with each executive order that imposes a mandate on the people of the United States. The bill makes an exception with respect to members of the uniformed services.

To require all individuals in the executive branch to comply with Executive orders imposing mandates on the people of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXECUTIVE BRANCH COMPLIANCE WITH EXECUTIVE ORDER PUBLIC MANDATES. (a) In General.--The President, Vice President, and all officers and employees in the executive branch of the Federal Government shall comply with each Executive order that imposes a mandate on the people of the United States. (b) Uniformed Services Excluded.--Subsection (a) shall not apply with respect to members of the uniformed services. <all>

To require all individuals in the executive branch to comply with Executive orders imposing mandates on the people of the United States.

To require all individuals in the executive branch to comply with Executive orders imposing mandates on the people of the United States.

Official Titles - House of Representatives Official Title as Introduced To require all individuals in the executive branch to comply with Executive orders imposing mandates on the people of the United States.

Rep. Gohmert, Louie

R

TX

S.2905

Armed Forces and National Security

University Cybersecurity Consortia Improvement Act of 2021 This bill provides that a consortium of universities, instead of one or more consortia, must be established by the Department of Defense (DOD) to advise DOD on specified cybersecurity matters.

To improve requirements relating to establishment of a consortium of universities to advise the Secretary of Defense on cybersecurity matters, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``University Cybersecurity Consortia Improvement Act of 2021''. SEC. 2. IMPROVEMENTS TO CONSORTIUM OF UNIVERSITIES TO ADVISE SECRETARY OF DEFENSE ON CYBERSECURITY MATTERS. (a) In General.--Section 1659 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 391 note) is amended-- (1) in subsection (a), in the matter before paragraph (1), by striking ``one or more consortia'' and inserting ``a consortium''; and (2) in subsection (c), by amending paragraph (1) to read as follows: ``(1) Designation of administrative chair.--The Secretary of Defense shall designate the National Defense University College of Information and Cyberspace to function as the administrative chair of the consortium established under subsection (a).''. (b) Conforming Amendments.--Such section is further amended-- (1) in subsection (a)(1), by striking ``or consortia''; (2) in subsection (b), by striking ``or consortia''; (3) in subsection (c)-- (A) by striking paragraph (2); (B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; (C) in paragraph (2), as redesignated by subparagraph (B)-- (i) in the matter before subparagraph (A)-- (I) by striking ``Each administrative'' and inserting ``The administrative''; and (II) by striking ``a consortium'' and inserting ``the consortium''; and (ii) in subparagraph (A), by striking ``for the term specified by the Secretary under paragraph (1)''; (D) by amending paragraph (3), as redesignated by subparagraph (B), to read as follows: ``(3) Executive committee.--The Secretary, in consultation with the administrative chair, may form an executive committee for the consortium that is comprised of representatives of the Federal Government to assist the chair with the management and functions of the consortium.''; and (4) by amending subsection (d) to read as follows: ``(d) Consultation.--The Secretary shall meet with such members of the consortium as the Secretary considers appropriate, not less frequently than twice each year or at such periodicity as is agreed to by the Secretary and the consortium.''. <all>

University Cybersecurity Consortia Improvement Act of 2021

A bill to improve requirements relating to establishment of a consortium of universities to advise the Secretary of Defense on cybersecurity matters, and for other purposes.

University Cybersecurity Consortia Improvement Act of 2021

Sen. Rounds, Mike

R

SD

H.R.8662

Armed Forces and National Security

Military Data Privacy Act This bill requires the Department of Defense (DOD) to submit an unclassified report identifying certain defense entities that were, or are currently, obtaining in exchange for anything of value specified personal records of individuals (e.g., location data generated by phones likely to be located in the United States) and retaining or using such records without a court order. The report must be made available to the public on a DOD website.

To require a report on the purchase and use by the Department of Defense of certain location data and internet metadata data, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Data Privacy Act''. SEC. 2. REPORT ON PURCHASE AND USE BY DEPARTMENT OF DEFENSE OF LOCATION DATA GENERATED BY AMERICANS' PHONES AND THEIR INTERNET METADATA. (a) Report Required.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees and make available to the public on an internet website of the Department of Defense a report that-- (1) identifies each covered entity that is currently, or during the five-year period ending on the date of the enactment of this Act was, without a court order-- (A) obtaining in exchange for anything of value any covered records; and (B) intentionally retaining or intentionally using such covered records; and (2) for each covered entity identified pursuant to paragraph (1), identifies-- (A) each category of covered record the covered entity, without a court order, is obtaining or obtained, in exchange for anything of value; (B) whether the covered entity intentionally retained or is intentionally retaining each category of covered records pursuant to subparagraph (A); (C) whether the covered entity intentionally uses or used each category of covered records identified pursuant to subparagraph (A); and (D) whether such obtaining, retention, and use ceased before the date of the enactment of this Act or is ongoing. (b) Form.--The report submitted under subsection (a) shall be submitted in unclassified form. (c) Determination of Parties to a Communication.--In determining under this section whether a party to a communication is likely to be located inside or outside the United States, the Secretary shall consider the Internet Protocol (IP) address used by the party to the communication, but may also consider other information known to the Secretary. (d) Definitions.--In this section: (1) The term ``congressional defense committees'' has the meaning given that term in section 101(a) of title 10, United States Code. (2) The term ``covered entities'' means the Defense Agencies, Department of Defense activities, and components of the Department that-- (A) are under the authority, direction, and control of the Under Secretary of Defense for Intelligence and Security; or (B) over which the Under Secretary exercises planning, policy, funding, or strategic oversight authority. (3) The term ``covered records'' includes the following: (A) Location data generated by phones that are likely to be located in the United States. (B) Domestic phone call records. (C) International phone call records. (D) Domestic text message records. (E) International text message records. (F) Domestic netflow records. (G) International netflow records. (H) Domestic Domain Name System records. (I) International Domain Name System records. (J) Other types of domestic internet metadata. (K) Other types of international internet metadata. (4) The term ``domestic'' means a telephone or an internet communication in which all parties to the communication are likely to be located in the United States. (5)(A) The term ``international'' means a telephone or an internet communication in which one or more parties to the communication are likely to be located in the United States and one or more parties to the communication are likely to be located outside the United States. (B) The term ``international'' does not include a telephone or an internet communication in which all parties to the communication are likely to be located outside the United States. (6) The term ``obtain in exchange for anything of value'' means to obtain by purchasing, to receive in connection with services being provided for consideration, or to otherwise obtain in exchange for consideration, including an access fee, service fee, maintenance fee, or licensing fee. (7)(A) Except as provided in subparagraph (B), the term ``retain'' means the storage of a covered record. (B) The term ``retain'' does not include the temporary storage of a covered record that will be, but has not yet been, subjected to a process in which the covered record, which is part of a larger compilation containing records that are not covered records, are identified and deleted. (8)(A) Except as provided in subparagraph (B), the term ``use'', with respect to a covered record, includes analyzing, processing, or sharing the covered record. (B) The term ``use'' does not include subjecting the covered record to a process in which the covered record, which is part of a larger compilation containing records that are not covered records, are identified and deleted. <all>

Military Data Privacy Act

To require a report on the purchase and use by the Department of Defense of certain location data and internet metadata data, and for other purposes.

Military Data Privacy Act

Rep. Jacobs, Sara

D

CA

S.596

Health

Treat and Reduce Obesity Act of 2021 This bill expands Medicare coverage of intensive behavioral therapy for obesity. Specifically, the bill allows coverage for therapy that is provided by (1) a physician who is not a primary care physician; or (2) other health care providers (e.g., physician assistants and nurse practitioners) and approved counseling programs, if provided upon a referral from, and in coordination with, a physician or primary care practitioner. Currently, such therapy is covered only if provided by a primary care practitioner. The bill also allows coverage under Medicare's prescription drug benefit of drugs used for the treatment of obesity or for weight loss management for individuals who are overweight.

To amend title XVIII of the Social Security Act to provide for the coordination of programs to prevent and treat obesity, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Treat and Reduce Obesity Act of 2021''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the Centers for Disease Control and Prevention, about 41 percent of adults aged 60 and over had obesity in the period of 2015 through 2016, representing more than 27 million people. (2) The National Institutes of Health has reported that obesity and overweight are now the second leading cause of death nationally, with an estimated 300,000 deaths a year attributed to the epidemic. (3) Obesity increases the risk for chronic diseases and conditions, including high blood pressure, heart disease, certain cancers, arthritis, mental illness, lipid disorders, sleep apnea, and type 2 diabetes. (4) More than half of Medicare beneficiaries are treated for 5 or more chronic conditions per year. The rate of obesity among Medicare beneficiaries doubled from 1987 to 2002 and nearly doubled again by 2016, with Medicare spending on individuals with obesity during that time rising proportionately to reach $50 billion in 2014. (5) Men and women with obesity at age 65 have decreased life expectancy of 1.6 years for men and 1.4 years for women. (6) The direct and indirect cost of obesity was more than $427.8 billion in 2014 and is growing. (7) On average, a Medicare beneficiary with obesity costs $2,018 (in 2019 dollars) more than a healthy-weight beneficiary. (8) The prevalence of obesity among older individuals in the United States is growing at a linear rate and, if nothing changes, nearly one in two (47 percent) Medicare beneficiaries aged 65 and over will have obesity in 2030, up from slightly more than one in four (28 percent) in 2010. SEC. 3. AUTHORITY TO EXPAND HEALTH CARE PROVIDERS QUALIFIED TO FURNISH INTENSIVE BEHAVIORAL THERAPY. Section 1861(ddd) of the Social Security Act (42 U.S.C. 1395x(ddd)) is amended by adding at the end the following new paragraph: ``(4)(A) Subject to subparagraph (B), the Secretary may, in addition to qualified primary care physicians and other primary care practitioners, cover intensive behavioral therapy for obesity furnished by any of the following: ``(i) A physician (as defined in subsection (r)(1)) who is not a qualified primary care physician. ``(ii) Any other appropriate health care provider (including a physician assistant, nurse practitioner, or clinical nurse specialist (as those terms are defined in subsection (aa)(5)), a clinical psychologist, a registered dietitian or nutrition professional (as defined in subsection (vv))). ``(iii) An evidence-based, community-based lifestyle counseling program approved by the Secretary. ``(B) In the case of intensive behavioral therapy for obesity furnished by a provider described in clause (ii) or (iii) of subparagraph (A), the Secretary may only cover such therapy if such therapy is furnished-- ``(i) upon referral from, and in coordination with, a physician or primary care practitioner operating in a primary care setting or any other setting specified by the Secretary; and ``(ii) in an office setting, a hospital outpatient department, a community-based site that complies with the Federal regulations concerning the privacy of individually identifiable health information promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996, or another setting specified by the Secretary. ``(C) In order to ensure a collaborative effort, the coordination described in subparagraph (B)(i) shall include the health care provider or lifestyle counseling program communicating to the referring physician or primary care practitioner any recommendations or treatment plans made regarding the therapy.''. SEC. 4. MEDICARE PART D COVERAGE OF OBESITY MEDICATION. (a) In General.--Section 1860D-2(e)(2)(A) of the Social Security Act (42 U.S.C. 1395w-102(e)(2)(A)) is amended, in the first sentence-- (1) by striking ``and other than'' and inserting ``other than''; and (2) by inserting after ``benzodiazepines),'' the following: ``and other than subparagraph (A) of such section if the drug is used for the treatment of obesity (as defined in section 1861(yy)(2)(C)) or for weight loss management for an individual who is overweight (as defined in section 1861(yy)(2)(F)(i)) and has one or more related comorbidities,''. (b) Effective Date.--The amendments made by subsection (a) shall apply to plan years beginning on or after the date that is 2 years after the date of the enactment of this Act. SEC. 5. REPORT TO CONGRESS. Not later than the date that is 1 year after the date of the enactment of this Act, and every 2 years thereafter, the Secretary of Health and Human Services shall submit a report to Congress describing the steps the Secretary has taken to implement the provisions of, and amendments made by, this Act. Such report shall also include recommendations for better coordination and leveraging of programs within the Department of Health and Human Services and other Federal agencies that relate in any way to supporting appropriate research and clinical care (such as any interactions between physicians and other health care providers and their patients) to treat, reduce, and prevent obesity in the adult population. <all>

Treat and Reduce Obesity Act of 2021

A bill to amend title XVIII of the Social Security Act to provide for the coordination of programs to prevent and treat obesity, and for other purposes.

Treat and Reduce Obesity Act of 2021

Sen. Carper, Thomas R.

D

DE

S.2195

Armed Forces and National Security

Veterans and Family Information Act of 2021 This bill requires the Department of Veterans Affairs (VA) to make all of its fact sheets available in English, Spanish, Tagalog, and each of the 10 most commonly spoken languages not listed. The bill also requires the VA to establish a publicly available website that provides links to all VA fact sheets. Finally, the VA must report to Congress regarding the utilization of such fact sheets as well as the details of the Language Access Plan of the VA.

To require the Secretary of Veterans Affairs to make all fact sheets of the Department of Veterans Affairs available in English, Spanish, and Tagalog, and other commonly spoken languages, and for other purposes. Be it enacted by the Senate 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 and Family Information Act of 2021''. SEC. 2. AVAILABILITY OF DEPARTMENT OF VETERANS AFFAIRS FACT SHEETS IN COMMONLY SPOKEN LANGUAGES. (a) Languages.--The Secretary of Veterans Affairs shall make available versions of all fact sheets of the Department of Veterans Affairs in-- (1) English; (2) Spanish; (3) Tagalog; and (4) each of the 10 most commonly spoken languages, other than English, in the United States that are not otherwise covered by paragraphs (2) and (3). (b) Website.-- (1) In general.--The Secretary shall establish and maintain a publicly available website of the Department that contains links to all fact sheets of the Veterans Benefits Administration, Veterans Health Administration, and of the National Cemetery Administration. (2) Access to website.--The Secretary shall ensure that the website established under paragraph (1) is accessible by a clearly labeled hyperlink on the homepage of the Department. (c) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report regarding fact sheets described in subsection (a) and details of the Language Access Plan of the Department of Veteran Affairs. (2) Contents.--The report required by paragraph (1) shall include the following: (A) What the Secretary determines constitutes a fact sheet of the Department for purposes of this section. (B) How such fact sheets are used and distributed other than on and through the website of the Department. (C) How such Language Access Plan is communicated to veterans, family members of veterans, and caregivers. (D) The roles and responsibilities of patient advocates in the coordination of care for veterans with limited English proficiency, family members of such veterans, and caregivers. (E) Other demographic information that the Secretary determines appropriate regarding veterans with limited English proficiency. <all>

Veterans and Family Information Act of 2021

A bill to require the Secretary of Veterans Affairs to make all fact sheets of the Department of Veterans Affairs available in English, Spanish, and Tagalog, and other commonly spoken languages, and for other purposes.

Veterans and Family Information Act of 2021

Sen. Hirono, Mazie K.

D

HI

H.R.3815

Taxation

Promoting Respect for Individuals' Dignity and Equality Act of 2021 or the PRIDE Act of 2021 This bill requires the equal treatment of same sex married couples for tax purposes. It permits such couples to amend their filing status to married filing jointly for tax returns outside of the statute of limitations and modifies tax rules relating to married couples to include same sex couples.

To permit legally married same-sex couples to amend their filing status for income tax returns outside the statute of limitations, to amend the Internal Revenue Code of 1986 to clarify that all provisions shall apply to legally married same-sex couples in the same manner as other married couples, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Respect for Individuals' Dignity and Equality Act of 2021'' or as the ``PRIDE Act of 2021''. SEC. 2. EXTENSION OF PERIOD OF LIMITATION FOR CERTAIN LEGALLY MARRIED COUPLES. (a) In General.--In the case of an individual first treated as married for purposes of the Internal Revenue Code of 1986 by the application of the holdings of Revenue Ruling 2013-17-- (1) if such individual filed a return (other than a joint return) for a taxable year ending before September 16, 2013, for which a joint return could have been made by the individual and the individual's spouse but for the fact that such holdings were not effective at the time of filing, such return shall be treated as a separate return within the meaning of section 6013(b) of such Code and the time prescribed by section 6013(b)(2)(A) of such Code for filing a joint return after filing a separate return shall not expire before the date prescribed by law (including extensions) for filing the return of tax for the taxable year that includes the date of the enactment of this Act; and (2) in the case of a joint return filed pursuant to paragraph (1)-- (A) the period of limitation prescribed by section 6511(a) of such Code for any such taxable year shall be extended until the date prescribed by law (including extensions) for filing the return of tax for the taxable year that includes the date of the enactment of this Act; and (B) section 6511(b)(2) of such Code shall not apply to any claim of credit or refund with respect to such return. (b) Amendments, etc. Restricted to Change in Marital Status.-- Subsection (a) shall apply only with respect to amendments to the return of tax, and claims for credit or refund, relating to a change in the marital status for purposes of the Internal Revenue Code of 1986 of the individual. SEC. 3. RULES RELATING TO ALL LEGALLY MARRIED COUPLES. (a) In General.--The Internal Revenue Code of 1986 is amended-- (1) in section 21(d)(2)-- (A) by striking ``himself'' in the heading and inserting ``self''; and (B) by striking ``any husband and wife'' and inserting ``any married couple''; (2) in section 22(e)(1)-- (A) by striking ``husband and wife who live'' and inserting ``married couple who lives''; and (B) by striking ``the taxpayer and his spouse'' and inserting ``the taxpayer and the spouse of the taxpayer''; (3) in section 38(c)(6)(A), by striking ``husband or wife who files'' and inserting ``married individual who files''; (4) in section 42(j)(5)(C), by striking clause (i) and inserting the following new clause: ``(i) Married couple treated as 1 partner.--For purposes of subparagraph (B), individuals married to one another (and their estates) shall be treated as 1 partner.''; (5) in section 62(b)(3)-- (A) in subparagraph (A)-- (i) by striking ``husband and wife who lived apart'' and inserting ``married couple who lived apart''; and (ii) by striking ``the taxpayer and his spouse'' and inserting ``the taxpayer and the spouse of the taxpayer''; and (B) in subparagraph (D), by striking ``husband and wife'' and inserting ``married couple''; (6) in section 121-- (A) in subsection (b)(2), by striking ``husband and wife who make'' and inserting ``married couple who makes''; and (B) in subsection (d)(1), by striking ``husband and wife make'' and inserting ``married couple makes''; (7) in section 165(h)(4)(B), by striking ``husband and wife'' and inserting ``married couple''; (8) in section 179(b)(4), by striking ``a husband and wife filing'' and inserting ``individuals married to one another who file''; (9) in section 213(d)(8), by striking ``status as husband and wife'' and inserting ``marital status''; (10) in section 219(g)(4), in the matter preceding subparagraph (A), by striking ``A husband and wife'' and inserting ``Married individuals''; (11) in section 274(b)(2)(B), by striking ``husband and wife'' and inserting ``married couple''; (12) in section 643(f), by striking ``husband and wife'' in the second sentence and inserting ``married couple''; (13) in section 761(f)-- (A) in paragraph (1), by striking ``husband and wife'' and inserting ``married couple''; and (B) in paragraph (2)(A), by striking ``husband and wife'' and inserting ``married couple''; (14) in section 911-- (A) in subsection (b)(2), by striking subparagraph (C) and inserting the following new subparagraph: ``(C) Treatment of community income.--In applying subparagraph (A) with respect to amounts received from services performed by a married individual which are community income under community property laws applicable to such income, the aggregate amount which may be excludable from the gross income of such individual and such individual's spouse under subsection (a)(1) for any taxable year shall equal the amount which would be so excludable if such amounts did not constitute community income.''; and (B) in subsection (d)(9)(A), by striking ``where a husband and wife each have'' and inserting ``where both spouses have''; (15) in section 1244(b)(2), by striking ``a husband and wife filing''; (16) in section 1272(a)(2)(D), by striking clause (iii) and inserting the following new clause: ``(iii) Treatment of a married couple.--For purposes of this subparagraph, a married couple shall be treated as 1 person. The preceding sentence shall not apply where the spouses lived apart at all times during the taxable year in which the loan is made.''; (17) in section 1313(c)(1), by striking ``husband and wife'' and inserting ``spouses''; (18) in section 1361(c)(1)(A)(i), by striking ``a husband and wife'' and inserting ``a married couple''; (19) in section 2040(b), by striking ``Certain Joint Interests of Husband and Wife'' in the heading and inserting ``Certain Joint Interests of Married Couple''; (20) in section 2513-- (A) by striking ``gift by husband or wife to third party'' in the heading and inserting ``gift by spouse to third party''; and (B) by striking paragraph (1) of subsection (a) and inserting the following new paragraph: ``(1) In general.--A gift made by one individual to any person other than such individual's spouse shall, for the purposes of this chapter, be considered as made one-half by the individual and one-half by such individual's spouse, but only if at the time of the gift each spouse is a citizen or resident of the United States. This paragraph shall not apply with respect to a gift by an individual of an interest in property if such individual creates in the individual's spouse a general power of appointment, as defined in section 2514(c), over such interest. For purposes of this section, an individual shall be considered as the spouse of another only if the individual is married to the individual's spouse at the time of the gift and does not remarry during the remainder of the calendar year.''; (21) in section 2516-- (A) by striking ``Where a husband and wife enter'' and inserting the following: ``(a) In General.--Where a married couple enters''; and (B) by adding at the end the following new subsection: ``(b) Spouse.--For purposes of this section, if the spouses referred to are divorced, wherever appropriate to the meaning of this section, the term `spouse' shall read `former spouse'.''; (22) in section 5733(d)(2), by striking ``husband or wife'' and inserting ``married individual''; (23) in section 6013-- (A) by striking ``joint returns of income tax by husband and wife'' in the heading and inserting ``joint returns of income tax by a married couple''; (B) in subsection (a), in the matter preceding paragraph (1), by striking ``husband and wife'' and inserting ``married couple''; (C) in subsection (a)(1), by striking ``either the husband or wife'' and inserting ``either spouse''; (D) in subsection (a)(2)-- (i) by striking ``husband and wife'' and inserting ``spouses''; and (ii) by striking ``his taxable year'' and inserting ``such spouse's taxable year''; (E) in subsection (a)(3)-- (i) by striking ``his executor or administrator'' and inserting ``the decedent's executor or administrator''; (ii) by striking ``with respect to both himself and the decedent'' and inserting ``with respect to both the surviving spouse and the decedent''; and (iii) by striking ``constitute his separate return'' and inserting ``constitute the survivor's separate return''; (F) in subsection (b), by striking paragraph (1) and inserting the following new paragraph: ``(1) In general.--Except as provided in paragraph (2), if an individual has filed a separate return for a taxable year for which a joint return could have been made by the individual and the individual's spouse under subsection (a) and the time prescribed by law for filing the return for such taxable year has expired, such individual and such spouse may nevertheless make a joint return for such taxable year. A joint return filed under this subsection shall constitute the return of the individual and the individual's spouse for such taxable year, and all payments, credits, refunds, or other repayments made or allowed with respect to the separate return of either spouse for such taxable year shall be taken into account in determining the extent to which the tax based upon the joint return has been paid. If a joint return is made under this subsection, any election (other than the election to file a separate return) made by either spouse in a separate return for such taxable year with respect to the treatment of any income, deduction, or credit of such spouse shall not be changed in the making of the joint return where such election would have been irrevocable if the joint return had not been made. If a joint return is made under this subsection after the death of either spouse, such return with respect to the decedent can be made only by the decedent's executor or administrator.''; (G) in subsection (c), by striking ``husband and wife'' and inserting ``spouses''; (H) in subsection (d)(1), by striking ``status as husband and wife'' and inserting ``the marital status with respect to each other''; (I) in subsection (d)(2), by striking ``his spouse'' and inserting ``the spouse of the individual''; (J) in subsection (f)(2)(B), by striking ``such individual, his spouse, and his estate shall be determined as if he were alive'' and inserting ``such individual, the individual's spouse, and the individual's estate shall be determined as if the individual were alive''; and (K) in subsection (f)(3)-- (i) in subparagraph (A), by striking ``for which he is entitled'' and inserting ``for which such member is entitled''; and (ii) in subparagraph (B), by striking ``for which he is entitled'' and inserting ``for which such employee is entitled''; (24) in section 6014(b), by striking ``husband and wife'' in the second sentence and inserting ``a married couple''; (25) in section 6017, by striking ``husband and wife'' and inserting ``married couple''; (26) in section 6096(a), by striking ``of husband and wife having'' and inserting ``reporting''; (27) in section 6166(b)(2), by striking subparagraph (B) and inserting the following new subparagraph: ``(B) Certain interests held by married couple.-- Stock or a partnership interest which-- ``(i) is community property of a married couple (or the income from which is community income) under the applicable community property law of a State, or ``(ii) is held by a married couple as joint tenants, tenants by the entirety, or tenants in common, shall be treated as owned by 1 shareholder or 1 partner, as the case may be.''; (28) in section 6212(b)(2)-- (A) by striking ``return filed by husband and wife'' and inserting ``return''; and (B) by striking ``his last known address'' and inserting ``the last known address of such spouse''; (29) in section 7428(c)(2)(A), by striking ``husband and wife'' and inserting ``married couple''; (30) in section 7701(a)-- (A) by striking paragraph (17); and (B) in paragraph (38), by striking ``husband and wife'' and inserting ``married couple''; and (31) in section 7872(f), by striking paragraph (7) and inserting the following new paragraph: ``(7) Married couple treated as 1 person.--A married couple shall be treated as 1 person.''. (b) Conforming Amendments.-- (1) The table of sections for subchapter B of chapter 12 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 2513 and inserting the following new item: ``Sec. 2513. Gift by spouse to third party.''. (2) The table of sections for subpart B of part II of subchapter A of chapter 61 of such Code is amended by striking the item relating to section 6013 and inserting the following new item: ``Sec. 6013. Joint returns of income tax by a married couple.''. SEC. 4. RULES RELATING TO THE GENDER OF SPOUSES, ETC. (a) In General.--The following provisions of the Internal Revenue Code of 1986 are each amended by striking ``his spouse'' each place it appears and inserting ``the individual's spouse'': (1) Subsections (a)(1) and (d) of section 1. (2) Section 2(b)(2)(A). (3) Subsections (d)(1)(B) and (e)(3) of section 21. (4) Section 36(c)(5). (5) Section 179(d)(2)(A). (6) Section 318(a)(1)(A)(i). (7) Section 408(d)(6). (8) Section 469(i)(5)(B)(ii). (9) Section 507(d)(2)(B)(iii). (10) Clauses (ii) and (iii) of section 613A(c)(8)(D). (11) Section 672(e)(2). (12) Section 704(e)(2). (13) Subparagraphs (A) and (B)(ii) of section 911(c)(3). (14) Section 1235(c)(2). (15) Section 1563(e)(5). (16) Section 3121(b)(3)(B). (17) Section 4946(d). (18) Section 4975(e)(6). (19) Subparagraphs (A)(iv) and (B) of section 6012(a)(1). (20) Section 7703(a). (b) Conforming Amendments.-- (1) The following provisions of the Internal Revenue Code of 1986 are each amended by striking ``his spouse'' each place it appears and inserting ``the taxpayer's spouse'': (A) Section 2(a)(2)(B). (B) Subparagraphs (B) and (C) of section 2(b)(2). (C) Paragraphs (2) and (6)(A) of section 21(e). (D) Section 36B(e)(1). (E) Section 63(e)(3)(B). (F) Section 86(c)(1)(C)(ii). (G) Section 105(c)(1). (H) Section 135(d)(3). (I) Section 151(b). (J) Subsections (a) and (d)(7) of section 213. (K) Section 1233(e)(2)(C). (L) Section 1239(b)(2). (M) Section 6504(2). (2) The following provisions of the Internal Revenue Code of 1986 are each amended by striking ``his spouse'' each place it appears and inserting ``the employee's spouse'': (A) Section 132(m)(1). (B) Section 401(h)(6). (C) Section 3402(l)(3). (3) The following provisions of the Internal Revenue Code of 1986 are each amended by striking ``his taxable year'' each place it appears and inserting ``the individual's taxable year'': (A) Section 2(b)(1). (B) Section 7703(a)(1). (4) The following provisions of the Internal Revenue Code of 1986 are each amended by striking ``his taxable year'' each place it appears and inserting ``the taxpayer's taxable year'': (A) Subparagraphs (B) and (C) of section 2(b)(2) (as amended by paragraph (1)(B)). (B) Section 63(f)(1)(A). (5) The following provisions of the Internal Revenue Code of 1986 are each amended by striking ``his home'' and inserting ``the individual's home'': (A) Section 2(b)(1)(A). (B) Section 21(e)(4)(A)(i). (C) Section 7703(b)(1). (6) The Internal Revenue Code of 1986, as amended by this section, is amended-- (A) in section 2(a)(1)(A), by striking ``his two taxable years'' and inserting ``the taxpayer's two taxable years''; (B) in section 2(a)(1)(B), by striking ``his home'' and inserting ``the taxpayer's home''; (C) in paragraphs (1)(A) and (2)(A) of section 63(f), by striking ``for himself if he'' both places it appears and inserting ``for the taxpayer if the taxpayer''; (D) in section 63(f)(4), by striking ``his'' both places it appears and inserting ``the individual's''; (E) in section 105(b)-- (i) by striking ``his spouse, his dependents'' and inserting ``the taxpayer's spouse, the taxpayer's dependents''; and (ii) by striking ``by him''; (F) in the heading of section 119(a), by striking ``, His Spouse, and His Dependents'' and inserting ``and the Employee's Spouse and Dependents''; (G) in section 119(a), by striking ``him, his spouse, or any of his dependents by or on behalf of his employer'' and inserting ``the employee or the employee's spouse or dependents by or on behalf of the employer of the employee''; (H) in section 119(a)(2), by striking ``his'' both places it appears and inserting ``the employee's''; (I) in section 119(d)(3)(B), by striking ``his spouse, and any of his dependents'' and inserting ``the employee's spouse, and any of the employee's dependents''; (J) in section 129(b)(2), by striking ``himself'' and inserting ``the spouse's self''; (K) in section 170(b)(1)(F)(iii)-- (i) by striking ``his spouse'' and inserting ``the spouse of such donor''; and (ii) by striking ``his death or after the death of his surviving spouse if she'' and inserting ``the death of the donor or after the death of the donor's surviving spouse if such surviving spouse''; (L) in section 213(c)(1)-- (i) by striking ``his estate'' and inserting ``the estate of the taxpayer''; and (ii) by striking ``his death'' and inserting ``the death of the taxpayer''; (M) in section 213(d)(7), by striking ``he'' and inserting ``the taxpayer''; (N) in section 217(g)-- (i) by striking ``, his spouse, or his dependents'' in paragraph (2) and inserting ``or the spouse or dependents of such member''; (ii) by striking ``his dependents'' in paragraph (3) and inserting ``dependents''; and (iii) by striking ``his spouse'' each place it appears in paragraph (3) and inserting ``the member's spouse''; (O) in section 217(i)(3)(A), by striking ``his''; (P) in section 267(c), by striking ``his'' each place it appears and inserting ``the individual's''; (Q) in section 318(a)(1)(A)(ii), by striking ``his'' and inserting ``the individual's''; (R) in section 402(l)(4)(D), by striking ``, his spouse, and dependents'' and inserting ``and the spouse and dependents of such officer''; (S) in section 415(l)(2)(B), by striking ``, his spouse, or his dependents'' and inserting ``or the participant's spouse or dependents''; (T) in section 420(f)(6)(A), by striking ``his covered spouse and dependents'' each place it appears and inserting ``the covered spouse and dependents of such retiree''; (U) in section 424(d)(1), by striking ``his'' and inserting ``the individual's''; (V) in section 544(a)(2), by striking ``his'' each place it appears and inserting ``the individual's''; (W) in section 911(c)(3), by striking ``him'' each place it appears in subparagraphs (A) and (B)(ii) and inserting ``the individual''; (X) in section 1015(d)(3), by striking ``his spouse'' and inserting ``the donor's spouse''; (Y) in section 1563(e)-- (i) by striking ``his children'' both places it appears in paragraphs (5)(D) and (6)(A) and inserting ``the individual's children''; and (ii) by striking ``his parents'' both places it appears in subparagraphs (A) and (B) of paragraph (6) and inserting ``the individual's parents''; (Z) in section 1563(f)(2)(B), by striking ``him'' and inserting ``the individual''; (AA) in section 2012(c), by striking ``his spouse'' and inserting ``the decedent's spouse''; (BB) in section 2032A(e)(10), by striking ``his surviving spouse'' and inserting ``the decedent's surviving spouse''; (CC) in section 2035(b)-- (i) by striking ``his estate'' and inserting ``the decedent's estate''; and (ii) by striking ``his spouse'' and inserting ``the decedent's spouse''; (DD) in subsections (a) and (b)(5) of section 2056, by striking ``his''; (EE) in section 2523(b)-- (i) by striking ``(or his heirs or assigns) or such person (or his heirs or assigns)'' in paragraph (1) and inserting ``(or the donor's heirs or assigns) or such person (or such person's heirs or assigns)''; (ii) by striking ``himself'' in paragraph (1) and inserting ``the donor's self''; (iii) by striking ``he'' in paragraph (2) and inserting ``the donor''; and (iv) by striking ``him'' each place it appears in the matter following paragraph (2) and inserting ``the donor''; (FF) in section 2523(d), by striking ``himself'' and inserting ``the donor's self''; (GG) in section 2523(e), by striking ``his spouse'' and inserting ``the donor's spouse''; (HH) in section 3121(b)(3)-- (i) by striking ``his father'' in subparagraph (A) and inserting ``the child's father''; (ii) by striking ``his father'' in subparagraph (B) and inserting ``the individual's father''; and (iii) by striking ``his son'' in subparagraph (B) and inserting ``the individual's son''; (II) in section 3306(c)(5)-- (i) by striking ``his son'' and inserting ``the individual's son''; and (ii) by striking ``his father'' and inserting ``the child's father''; (JJ) in section 3402(l)-- (i) by striking ``he'' each place it appears in paragraphs (2) and (3)(A) and inserting ``the employee''; and (ii) by striking ``his taxable year'' both places it appears in paragraph (3)(B) and inserting ``the employee's taxable year''; (KK) in section 4905(a), by striking ``his spouse'' and inserting ``such person's spouse''; (LL) in section 6046(c), by striking ``his'' both places it appears and inserting ``the individual's''; (MM) in section 6103(e)(1)(A)(ii), by striking ``him'' and inserting ``the individual''; (NN) in section 7448(a)(8), by striking ``his death'' and inserting ``the individual's death''; (OO) in subsections (d), (m), and (n) of section 7448, by striking ``his'' each place it appears and inserting ``the individual's''; (PP) in subsection (m) of section 7448, as so amended, by striking ``he'' each place it appears and inserting ``such judge or special trial judge''; and (QQ) in section 7448(q)-- (i) by striking ``his'' both places it appears and inserting ``such judge's''; and (ii) by striking ``to bring himself'' and inserting ``to come''. <all>

PRIDE Act of 2021

To permit legally married same-sex couples to amend their filing status for income tax returns outside the statute of limitations, to amend the Internal Revenue Code of 1986 to clarify that all provisions shall apply to legally married same-sex couples in the same manner as other married couples, and for other purposes.

PRIDE Act of 2021 Promoting Respect for Individuals’ Dignity and Equality Act of 2021

Rep. Chu, Judy

D

CA

H.R.4803

Health

Acupuncture for Our Seniors Act of 2021 This bill provides for Medicare coverage of acupuncturist services.

To amend title XVIII of the Social Security Act to provide coverage for acupuncturist services under the Medicare program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Acupuncture for Our Seniors Act of 2021''. SEC. 2. COVERAGE FOR ACUPUNCTURIST SERVICES UNDER THE MEDICARE PROGRAM. (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in subsection (s)(2)-- (A) by striking ``and'' at the end of subparagraph (GG); (B) by adding ``and'' at the end of subparagraph (HH); and (C) by adding at the end the following new subparagraph: ``(II) qualified acupuncturist services (as defined in subsection (lll)(1));''; and (2) by adding at the end the following new subsection: ``(lll) Qualified Acupuncturist Services.-- ``(1) In general.--The term `qualified acupuncturist services' means such services furnished by a qualified acupuncturist (as defined in paragraph (2)), and such services and supplies furnished as an incident to services furnished by the qualified acupuncturist, as the qualified acupuncturist is legally authorized to perform under State law. ``(2) Qualified acupuncturist defined.--For purposes of this subsection, the term `qualified acupuncturist' means an individual who is licensed as an acupuncturist by a State or, in the case of an individual in a State that does not provide for such licensure, meets such criteria (such as certification through an appropriate nationally recognized certification authority for acupuncturists) as the Secretary may specify. In specifying such requirements, the Secretary may use the same requirements as those established by such a certification authority.''. (b) Payment Rules.-- (1) Payment under physician fee schedule.--Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(2)(GG),'' before ``(3),''. (2) Separate payment for services of institutional providers.--Section 1833(a)(2)(B) of the Social Security Act (42 U.S.C. 1395l(a)(2)(B)) is amended-- (A) in clause (i), by inserting ``and in the case of qualified acupuncturist services,'' after ``1999,''; (B) in clause (ii), by inserting ``or in the case of qualified acupuncturist services,'' after ``1999,''; and (C) in clause (iii), by inserting ``(other than qualified acupuncturist services)'' after ``such services''. (3) Qualified acupuncturist treatment as a practitioner.-- Section 1842(b)(18)(C) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following new clause: ``(vii) A qualified acupuncturist (as defined in section 1861(lll)(2)).''. (4) Separate billing for acupuncturist services furnished in an inpatient hospital setting.--Section 1861(b)(4) of the Social Security Act (42 U.S.C. 1395x(b)(4)) is amended by inserting ``qualified acupuncturist services,'' after ``qualified psychologist services,''. (c) Effective Date.--The amendments made by this section apply with respect to services furnished on or after the date that is 270 days after the date of enactment of this Act. <all>

Acupuncture for Our Seniors Act of 2021

To amend title XVIII of the Social Security Act to provide coverage for acupuncturist services under the Medicare program.

Acupuncture for Our Seniors Act of 2021

Rep. Chu, Judy

D

CA

S.3457

Crime and Law Enforcement

Protecting Americans from Fentanyl Trafficking Act of 2022 This bill permanently places fentanyl-related substances as a class into schedule I of the Controlled Substances Act. A schedule I controlled substance is a drug, substance, or chemical that has a high potential for abuse; has no currently accepted medical value; and is subject to regulatory controls and administrative, civil, and criminal penalties under the Controlled Substances Act. The temporary scheduling order issued by the Drug Enforcement Administration to place fentanyl-related substances into schedule I of the Controlled Substances Act expires on February 18, 2022.

To codify the temporary scheduling order for fentanyl-related substances by adding fentanyl-related substances to schedule I of the Controlled Substances 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 ``Protecting Americans from Fentanyl Trafficking Act of 2022''. SEC. 2. PLACEMENT OF FENTANYL-RELATED SUBSTANCES IN SCHEDULE I. (a) In General.--Schedule I of section 202(c) of the Controlled substances Act (21 U.S.C. 812(c)) is amended by adding at the end the following: ``(e)(1) Fentanyl-related substances, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers. ``(2) For purposes of paragraph (1), the term `fentanyl-related substance' means any substance that-- ``(A) is not listed in another schedule; ``(B) has not been approved under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or granted an exemption for investigational use under subsection (i) of such section 505; and ``(C) is structurally related to fentanyl by-- ``(i) replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle; ``(ii) substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups; ``(iii) substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups; ``(iv) replacement of the aniline ring with any aromatic monocycle, whether or not further substituted in or on the aromatic monocycle; or ``(v) replacement of the N-propionyl group by another acyl group.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on January 28, 2022. Calendar No. 237 117th CONGRESS 2d Session S. 3457 _______________________________________________________________________

Protecting Americans from Fentanyl Trafficking Act of 2022

A bill to codify the temporary scheduling order for fentanyl-related substances by adding fentanyl-related substances to schedule I of the Controlled Substances Act.

Protecting Americans from Fentanyl Trafficking Act of 2022

Sen. Cotton, Tom

R

AR

H.R.7804

Crime and Law Enforcement

Law Enforcement Officer Safety and Security Act of 2022 This bill generally requires federal agencies to offer to sell to individuals who are current or former law enforcement officers functional firearms that would otherwise be destroyed.

To allow qualified current or former law enforcement officers to purchase their service weapons, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Law Enforcement Officer Safety and Security Act of 2022''. SEC. 2. PURCHASE OF SERVICE WEAPONS BY QUALIFIED CURRENT OR FORMER LAW ENFORCEMENT OFFICERS. (a) In General.--Except as provided in subsection (b), an agency shall offer for sale at fair market value a single, functional firearm, which would otherwise be destroyed, to an individual-- (1) who is-- (A) a law enforcement officer employed by and in good standing with such agency; or (B) a former law enforcement officer separated from the employ of such agency for reasons other than misconduct, neglect of duty, or malfeasance; and (2) to whom such agency most recently issued such firearm. (b) Background Check Required.-- (1) In general.--An agency may not sell a firearm to an individual under subsection (a) of this section until the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901) has notified the agency that receipt of a firearm by the individual would not violate subsection (g) or (n) of section 922 of title 18, United States Code, or State law, unless paragraph (1) of section 922(t) of title 18, United States Code, would not apply to the transfer by reason of paragraph (3) of such section 922(t) if the agency were a licensee. (2) Communication between a federal agency and nics.--For the purpose of the sale of a firearm under subsection (a) of this section, an agency may contact the national instant criminal background check system in the same manner as a licensee is authorized to contact the system under section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901), for information on whether receipt of a firearm by a prospective buyer would violate section 922 of title 18, United States Code, or State law, and the system may respond to such contact as if the agency were a licensee. (c) Definitions.--In this Act: (1) Agency.--The term ``agency'' has the meaning given such term in section 551 of title 5, United States Code. (2) Firearm.--The term ``firearm'' means a pistol or revolver. (3) Good standing.--The term ``good standing'' means, with respect to an individual who is a law enforcement officer, that the individual-- (A) is not currently the subject of any disciplinary action by the employing agency of such individual, which could result in permanent loss of police powers and removal from such agency; and (B) is not prohibited by Federal law from receiving a firearm. (4) Law enforcement officer.--The term ``law enforcement officer'' has the meaning given such term under section 8401 of title 5, United States Code. (5) Licensee.--The term ``licensee'' has the meaning given such term in section 103(j)(1) of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901(j)(1)). <all>

Law Enforcement Officer Safety and Security Act of 2022

To allow qualified current or former law enforcement officers to purchase their service weapons, and for other purposes.

Law Enforcement Officer Safety and Security Act of 2022

Rep. Moolenaar, John R.

R

MI

H.R.8239

Economics and Public Finance

Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2023 This bill provides FY2023 appropriations for the Department of Agriculture (USDA), the Food and Drug Administration, and related agencies. The bill provides appropriations to USDA for agricultural programs, including The bill also provides appropriations to USDA for farm production and conservation programs, including The bill provides appropriations to the Federal Crop Insurance Corporation Fund and the Commodity Credit Corporation Fund. For USDA rural development programs, the bill includes appropriations for The bill provides appropriations to the Food and Nutrition Service for The bill provides appropriations to the Foreign Agricultural Service for (1) Food for Peace Title II Grants, and (2) McGovern-Dole International Food for Education and Child Nutrition Program Grants. The bill also provides appropriations for Additionally, the bill sets forth requirements and restrictions for using funds provided by this and other appropriations acts.

Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2023, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for fiscal year ending September 30, 2023, and for other purposes, namely: TITLE I AGRICULTURAL PROGRAMS Processing, Research, and Marketing Office of the Secretary (including transfers of funds) For necessary expenses of the Office of the Secretary, $69,845,000, of which not to exceed $8,432,000 shall be available for the immediate Office of the Secretary; not to exceed $1,396,000 shall be available for the Office of Homeland Security; not to exceed $5,190,000 shall be available for the Office of Tribal Relations; not to exceed $11,287,000 shall be available for the Office of Partnerships and Public Engagement, of which $1,500,000 shall be for 7 U.S.C. 2279(c)(5); not to exceed $28,822,000 shall be available for the Office of the Assistant Secretary for Administration, of which $27,116,000 shall be available for Departmental Administration to provide for necessary expenses for management support services to offices of the Department and for general administration, security, repairs and alterations, and other miscellaneous supplies and expenses not otherwise provided for and necessary for the practical and efficient work of the Department: Provided, That funds made available by this Act to an agency in the Administration mission area for salaries and expenses are available to fund up to one administrative support staff for the Office; not to exceed $4,609,000 shall be available for the Office of Assistant Secretary for Congressional Relations and Intergovernmental Affairs to carry out the programs funded by this Act, including programs involving intergovernmental affairs and liaison within the executive branch; and not to exceed $10,109,000 shall be available for the Office of Communications: Provided further, That the Secretary of Agriculture is authorized to transfer funds appropriated for any office of the Office of the Secretary to any other office of the Office of the Secretary: Provided further, That no appropriation for any office shall be increased or decreased by more than 5 percent: Provided further, That not to exceed $22,000 of the amount made available under this paragraph for the immediate Office of the Secretary shall be available for official reception and representation expenses, not otherwise provided for, as determined by the Secretary: Provided further, That the amount made available under this heading for Departmental Administration shall be reimbursed from applicable appropriations in this Act for travel expenses incident to the holding of hearings as required by 5 U.S.C. 551-558: Provided further, That funds made available under this heading for the Office of the Assistant Secretary for Congressional Relations and Intergovernmental Affairs shall be transferred to agencies of the Department of Agriculture funded by this Act to maintain personnel at the agency level: Provided further, That no funds made available under this heading for the Office of Assistant Secretary for Congressional Relations may be obligated after 30 days from the date of enactment of this Act, unless the Secretary has notified the Committees on Appropriations of both Houses of Congress on the allocation of these funds by USDA agency: Provided further, That during any 30 day notification period referenced in section 716 of this Act, the Secretary of Agriculture shall take no action to begin implementation of the action that is subject to section 716 of this Act or make any public announcement of such action in any form. Executive Operations office of the chief economist For necessary expenses of the Office of the Chief Economist, $30,181,000, of which $8,000,000 shall be for grants or cooperative agreements for policy research under 7 U.S.C. 3155: Provided, That of the amounts made available under this heading, $500,000 shall be available to carry out section 224 of subtitle A of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6924), as amended by section 12504 of Public Law 115-334. office of hearings and appeals For necessary expenses of the Office of Hearings and Appeals, $16,703,000. office of budget and program analysis For necessary expenses of the Office of Budget and Program Analysis, $16,967,000. Office of the Chief Information Officer For necessary expenses of the Office of the Chief Information Officer, $93,284,000, of which not less than $77,428,000 is for cybersecurity requirements of the department. Office of the Chief Financial Officer For necessary expenses of the Office of the Chief Financial Officer, $9,559,000. Office of the Assistant Secretary for Civil Rights For necessary expenses of the Office of the Assistant Secretary for Civil Rights, $1,466,000: Provided, That funds made available by this Act to an agency in the Civil Rights mission area for salaries and expenses are available to fund up to one administrative support staff for the Office. Office of Civil Rights For necessary expenses of the Office of Civil Rights, $37,595,000. Agriculture Buildings and Facilities (including transfers of funds) For payment of space rental and related costs pursuant to Public Law 92-313, including authorities pursuant to the 1984 delegation of authority from the Administrator of General Services to the Department of Agriculture under 40 U.S.C. 121, for programs and activities of the Department which are included in this Act, and for alterations and other actions needed for the Department and its agencies to consolidate unneeded space into configurations suitable for release to the Administrator of General Services, and for the operation, maintenance, improvement, and repair of Agriculture buildings and facilities, and for related costs, $68,858,000, to remain available until expended. Hazardous Materials Management (including transfers of funds) For necessary expenses of the Department of Agriculture, to comply with the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), $8,581,000, to remain available until expended: Provided, That appropriations and funds available herein to the Department for Hazardous Materials Management may be transferred to any agency of the Department for its use in meeting all requirements pursuant to the above Acts on Federal and non-Federal lands. Office of Safety, Security, and Protection For necessary expenses of the Office of Safety, Security, and Protection, $21,800,000. Office of Inspector General For necessary expenses of the Office of Inspector General, including employment pursuant to the Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C. App.), $111,061,000, including such sums as may be necessary for contracting and other arrangements with public agencies and private persons pursuant to section 6(a)(9) of the Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C. App.), and including not to exceed $125,000 for certain confidential operational expenses, including the payment of informants, to be expended under the direction of the Inspector General pursuant to the Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C. App.) and section 1337 of the Agriculture and Food Act of 1981 (Public Law 97-98). Office of the General Counsel For necessary expenses of the Office of the General Counsel, $62,137,000. Office of Ethics For necessary expenses of the Office of Ethics, $5,556,000. Office of the Under Secretary for Research, Education, and Economics For necessary expenses of the Office of the Under Secretary for Research, Education, and Economics, $3,384,000: Provided, That funds made available by this Act to an agency in the Research, Education, and Economics mission area for salaries and expenses are available to fund up to one administrative support staff for the Office: Provided further, That of the amounts made available under this heading, $2,000,000 shall be made available for the Office of the Chief Scientist. Economic Research Service For necessary expenses of the Economic Research Service, $90,612,000. National Agricultural Statistics Service For necessary expenses of the National Agricultural Statistics Service, $211,023,000, of which up to $66,361,000 shall be available until expended for the Census of Agriculture: Provided, That amounts made available for the Census of Agriculture may be used to conduct Current Industrial Report surveys subject to 7 U.S.C. 2204g(d) and (f). Agricultural Research Service salaries and expenses For necessary expenses of the Agricultural Research Service and for acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100, and for land exchanges where the lands exchanged shall be of equal value or shall be equalized by a payment of money to the grantor which shall not exceed 25 percent of the total value of the land or interests transferred out of Federal ownership, $1,737,629,000: Provided, That appropriations hereunder shall be available for the operation and maintenance of aircraft and the purchase of not to exceed one for replacement only: Provided further, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, the cost of constructing any one building shall not exceed $500,000, except for headhouses or greenhouses which shall each be limited to $1,800,000, except for 10 buildings to be constructed or improved at a cost not to exceed $1,100,000 each, and except for four buildings to be constructed at a cost not to exceed $5,000,000 each, and the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building or $500,000, whichever is greater: Provided further, That appropriations hereunder shall be available for entering into lease agreements at any Agricultural Research Service location for the construction of a research facility by a non-Federal entity for use by the Agricultural Research Service and a condition of the lease shall be that any facility shall be owned, operated, and maintained by the non-Federal entity and shall be removed upon the expiration or termination of the lease agreement: Provided further, That the limitations on alterations contained in this Act shall not apply to modernization or replacement of existing facilities at Beltsville, Maryland: Provided further, That appropriations hereunder shall be available for granting easements at the Beltsville Agricultural Research Center: Provided further, That the foregoing limitations shall not apply to replacement of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a): Provided further, That appropriations hereunder shall be available for granting easements at any Agricultural Research Service location for the construction of a research facility by a non-Federal entity for use by, and acceptable to, the Agricultural Research Service and a condition of the easements shall be that upon completion the facility shall be accepted by the Secretary, subject to the availability of funds herein, if the Secretary finds that acceptance of the facility is in the interest of the United States: Provided further, That funds may be received from any State, other political subdivision, organization, or individual for the purpose of establishing or operating any research facility or research project of the Agricultural Research Service, as authorized by law. buildings and facilities For the acquisition of land, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities as necessary to carry out the agricultural research programs of the Department of Agriculture, where not otherwise provided, $57,305,000 to remain available until expended, of which $25,900,000 shall be for the purposes, and in the amounts, specified for this account in the table titled ``Community Project Funding'' in the report accompanying this Act. National Institute of Food and Agriculture research and education activities For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other expenses, $1,142,021,000, which shall be for the purposes, and in the amounts, specified in the table titled ``National Institute of Food and Agriculture, Research and Education Activities'' in the report accompanying this Act: Provided, That funds for research grants for 1994 institutions, education grants for 1890 institutions, Hispanic serving institutions education grants, capacity building for non-land- grant colleges of agriculture, the agriculture and food research initiative, veterinary medicine loan repayment, multicultural scholars, graduate fellowship and institution challenge grants, grants management systems, tribal colleges education equity grants, and scholarships at 1890 institutions shall remain available until expended: Provided further, That each institution eligible to receive funds under the Evans-Allen program receives no less than $1,000,000: Provided further, That funds for education grants for Alaska Native and Native Hawaiian- serving institutions be made available to individual eligible institutions or consortia of eligible institutions with funds awarded equally to each of the States of Alaska and Hawaii: Provided further, That funds for providing grants for food and agricultural sciences for Alaska Native and Native Hawaiian-Serving institutions and for Insular Areas shall remain available until September 30, 2024: Provided further, That funds for education grants for 1890 institutions shall be made available to institutions eligible to receive funds under 7 U.S.C. 3221 and 3222: Provided further, That not more than 5 percent of the amounts made available by this or any other Act to carry out the Agriculture and Food Research Initiative under 7 U.S.C. 3157 may be retained by the Secretary of Agriculture to pay administrative costs incurred by the Secretary in carrying out that authority. native american institutions endowment fund For the Native American Institutions Endowment Fund authorized by Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain available until expended. extension activities For payments to States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, Micronesia, the Northern Marianas, and American Samoa, $586,502,000, which shall be for the purposes, and in the amounts, specified in the table titled ``National Institute of Food and Agriculture, Extension Activities'' in the report accompanying this Act: Provided, That funds for extension services at 1994 institutions and for facility improvements at 1890 institutions shall remain available until expended: Provided further, That institutions eligible to receive funds under 7 U.S.C. 3221 for cooperative extension receive no less than $1,000,000: Provided further, That funds for cooperative extension under sections 3(b) and (c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and section 208(c) of Public Law 93-471 shall be available for retirement and employees' compensation costs for extension agents. integrated activities For the integrated research, education, and extension grants programs, including necessary administrative expenses, $39,500,000, which shall be for the purposes, and in the amounts, specified in the table titled ``National Institute of Food and Agriculture, Integrated Activities'' in the report accompanying this Act: Provided, That funds for the Food and Agriculture Defense Initiative shall remain available until September 30, 2024: Provided further, That notwithstanding any other provision of law, indirect costs shall not be charged against any Extension Implementation Program Area grant awarded under the Crop Protection/Pest Management Program (7 U.S.C. 7626). Office of the Under Secretary for Marketing and Regulatory Programs For necessary expenses of the Office of the Under Secretary for Marketing and Regulatory Programs, $1,617,000: Provided, That funds made available by this Act to an agency in the Marketing and Regulatory Programs mission area for salaries and expenses are available to fund up to one administrative support staff for the Office. Animal and Plant Health Inspection Service salaries and expenses (including transfers of funds) For necessary expenses of the Animal and Plant Health Inspection Service, including up to $30,000 for representation allowances and for expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085), $1,164,209,000, of which $530,000, to remain available until expended, shall be available for the control of outbreaks of insects, plant diseases, animal diseases and for control of pest animals and birds (``contingency fund'') to the extent necessary to meet emergency conditions; of which $15,950,000, to remain available until expended, shall be used for the cotton pests program, including for cost share purposes or for debt retirement for active eradication zones; of which $39,183,000, to remain available until expended, shall be for Animal Health Technical Services; of which $4,096,000 shall be for activities under the authority of the Horse Protection Act of 1970, as amended (15 U.S.C. 1831); of which $64,930,000, to remain available until expended, shall be used to support avian health; of which $4,251,000, to remain available until expended, shall be for information technology infrastructure; of which $219,698,000, to remain available until expended, shall be for specialty crop pests; of which, $14,986,000, to remain available until expended, shall be for field crop and rangeland ecosystem pests; of which $24,067,000, to remain available until expended, shall be for zoonotic disease management; of which $44,117,000, to remain available until expended, shall be for emergency preparedness and response; of which $62,562,000, to remain available until expended, shall be for tree and wood pests; of which $6,528,000, to remain available until expended, shall be for the National Veterinary Stockpile; of which up to $1,500,000, to remain available until expended, shall be for the scrapie program for indemnities; of which $2,500,000, to remain available until expended, shall be for the wildlife damage management program for aviation safety: Provided, That of amounts available under this heading for wildlife services methods development, $1,000,000 shall remain available until expended: Provided further, That of amounts available under this heading for the screwworm program, $4,990,000 shall remain available until expended; of which $24,527,000, to remain available until expended, shall be used to carry out the science program and transition activities for the National Bio and Agro-defense Facility located in Manhattan, Kansas: Provided further, That no funds shall be used to formulate or administer a brucellosis eradication program for the current fiscal year that does not require minimum matching by the States of at least 40 percent: Provided further, That this appropriation shall be available for the purchase, replacement, operation, and maintenance of aircraft: Provided further, That in addition, in emergencies which threaten any segment of the agricultural production industry of the United States, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Department such sums as may be deemed necessary, to be available only in such emergencies for the arrest and eradication of contagious or infectious disease or pests of animals, poultry, or plants, and for expenses in accordance with sections 10411 and 10417 of the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and any unexpended balances of funds transferred for such emergency purposes in the preceding fiscal year shall be merged with such transferred amounts: Provided further, That appropriations hereunder shall be available pursuant to law (7 U.S.C. 2250) for the repair and alteration of leased buildings and improvements, but unless otherwise provided the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. In fiscal year 2023, the agency is authorized to collect fees to cover the total costs of providing technical assistance, goods, or services requested by States, other political subdivisions, domestic and international organizations, foreign governments, or individuals, provided that such fees are structured such that any entity's liability for such fees is reasonably based on the technical assistance, goods, or services provided to the entity by the agency, and such fees shall be reimbursed to this account, to remain available until expended, without further appropriation, for providing such assistance, goods, or services. buildings and facilities For plans, construction, repair, preventive maintenance, environmental support, improvement, extension, alteration, and purchase of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and acquisition of land as authorized by 7 U.S.C. 2268a, $3,175,000, to remain available until expended. Agricultural Marketing Service marketing services For necessary expenses of the Agricultural Marketing Service, $242,913,000, of which $7,504,000 shall be available for the purposes of section 12306 of Public Law 113-79: Provided, That of the amounts made available under this heading, $25,000,000, to remain available until expended, shall be to carry out section 12513 of Public Law 115- 334: Provided further, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. Fees may be collected for the cost of standardization activities, as established by regulation pursuant to law (31 U.S.C. 9701), except for the cost of activities relating to the development or maintenance of grain standards under the United States Grain Standards Act, 7 U.S.C. 71 et seq. limitation on administrative expenses Not to exceed $62,596,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses: Provided, That if crop size is understated and/or other uncontrollable events occur, the agency may exceed this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress. funds for strengthening markets, income, and supply (section 32) (including transfers of funds) Funds available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), shall be used only for commodity program expenses as authorized therein, and other related operating expenses, except for: (1) transfers to the Department of Commerce as authorized by the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers otherwise provided in this Act; and (3) not more than $21,501,000 for formulation and administration of marketing agreements and orders pursuant to the Agricultural Marketing Agreement Act of 1937 and the Agricultural Act of 1961 (Public Law 87-128). payments to states and possessions For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)), $1,235,000. limitation on inspection and weighing services expenses Not to exceed $55,000,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing services: Provided, That if grain export activities require additional supervision and oversight, or other uncontrollable factors occur, this limitation may be exceeded by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress. Office of the Under Secretary for Food Safety For necessary expenses of the Office of the Under Secretary for Food Safety, $1,117,000: Provided, That funds made available by this Act to an agency in the Food Safety mission area for salaries and expenses are available to fund up to one administrative support staff for the Office. Food Safety and Inspection Service For necessary expenses to carry out services authorized by the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act, including not to exceed $10,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), $1,180,364,000; and in addition, $1,000,000 may be credited to this account from fees collected for the cost of laboratory accreditation as authorized by section 1327 of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 138f): Provided, That funds provided for the Public Health Data Communication Infrastructure system shall remain available until expended: Provided further, That no fewer than 148 full-time equivalent positions shall be employed during fiscal year 2023 for purposes dedicated solely to inspections and enforcement related to the Humane Methods of Slaughter Act (7 U.S.C. 1901 et seq.): Provided further, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. TITLE II FARM PRODUCTION AND CONSERVATION PROGRAMS Office of the Under Secretary for Farm Production and Conservation For necessary expenses of the Office of the Under Secretary for Farm Production and Conservation, $1,727,000: Provided, That funds made available by this Act to an agency in the Farm Production and Conservation mission area for salaries and expenses are available to fund up to one administrative support staff for the Office. Farm Production and Conservation Business Center salaries and expenses (including transfers of funds) For necessary expenses of the Farm Production and Conservation Business Center, $257,684,000: Provided, That $60,228,000 of amounts appropriated for the current fiscal year pursuant to section 1241(a) of the Farm Security and Rural Investment Act of 1985 (16 U.S.C. 3841(a)) shall be transferred to and merged with this account. Farm Service Agency salaries and expenses (including transfers of funds) For necessary expenses of the Farm Service Agency, $1,229,396,000: Provided, That not more than 50 percent of the funding made available under this heading for information technology related to farm program delivery may be obligated until the Secretary submits to the Committees on Appropriations of both Houses of Congress, and receives written or electronic notification of receipt from such Committees of, a plan for expenditure that (1) identifies for each project/investment over $25,000 (a) the functional and performance capabilities to be delivered and the mission benefits to be realized, (b) the estimated lifecycle cost for the entirety of the project/investment, including estimates for development as well as maintenance and operations, and (c) key milestones to be met; (2) demonstrates that each project/investment is, (a) consistent with the Farm Service Agency Information Technology Roadmap, (b) being managed in accordance with applicable lifecycle management policies and guidance, and (c) subject to the applicable Department's capital planning and investment control requirements; and (3) has been reviewed by the Government Accountability Office and approved by the Committees on Appropriations of both Houses of Congress: Provided further, That the agency shall submit a report by the end of the fourth quarter of fiscal year 2023 to the Committees on Appropriations of both Houses of Congress and the Government Accountability Office, that identifies for each project/investment that is operational (a) current performance against key indicators of customer satisfaction, (b) current performance of service level agreements or other technical metrics, (c) current performance against a pre-established cost baseline, (d) a detailed breakdown of current and planned spending on operational enhancements or upgrades, and (e) an assessment of whether the investment continues to meet business needs as intended as well as alternatives to the investment: Provided further, That the Secretary is authorized to use the services, facilities, and authorities (but not the funds) of the Commodity Credit Corporation to make program payments for all programs administered by the Agency: Provided further, That other funds made available to the Agency for authorized activities may be advanced to and merged with this account: Provided further, That of the amount appropriated under this heading, $696,594,000 shall be made available to county committees, to remain available until expended: Provided further, That, notwithstanding the preceding proviso, any funds made available to county committees in the current fiscal year that the Administrator of the Farm Service Agency deems to exceed or not meet the amount needed for the county committees may be transferred to or from the Farm Service Agency for necessary expenses: Provided further, That none of the funds available to the Farm Service Agency shall be used to close Farm Service Agency county offices: Provided further, That none of the funds available to the Farm Service Agency shall be used to permanently relocate county based employees that would result in an office with two or fewer employees without prior notification and approval of the Committees on Appropriations of both Houses of Congress. state mediation grants For grants pursuant to section 502(b) of the Agricultural Credit Act of 1987, as amended (7 U.S.C. 5101-5106), $7,000,000. grassroots source water protection program For necessary expenses to carry out wellhead or groundwater protection activities under section 1240O of the Food Security Act of 1985 (16 U.S.C. 3839bb-2), $6,500,000, to remain available until expended. dairy indemnity program (including transfer of funds) For necessary expenses involved in making indemnity payments to dairy farmers and manufacturers of dairy products under a dairy indemnity program, such sums as may be necessary, to remain available until expended: Provided, That such program is carried out by the Secretary in the same manner as the dairy indemnity program described in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114 Stat. 1549A-12). geographically disadvantaged farmers and ranchers For necessary expenses to carry out direct reimbursement payments to geographically disadvantaged farmers and ranchers under section 1621 of the Food Conservation, and Energy Act of 2008 (7 U.S.C. 8792), $3,000,000, to remain available until expended. agricultural credit insurance fund program account (including transfers of funds) For gross obligations for the principal amount of direct and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7 U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961 et seq.), Indian tribe land acquisition loans (25 U.S.C. 5136), boll weevil loans (7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.), relending program (7 U.S.C. 1936c), and Indian highly fractionated land loans (25 U.S.C. 5136) to be available from funds in the Agricultural Credit Insurance Fund, as follows: $3,500,000,000 for guaranteed farm ownership loans and $3,100,000,000 for farm ownership direct loans; $2,118,491,000 for unsubsidized guaranteed operating loans and $1,633,333,000 for direct operating loans; emergency loans, $4,062,000; Indian tribe land acquisition loans, $20,000,000; guaranteed conservation loans, $150,000,000; relending program, $61,426,000; Indian highly fractionated land loans, $5,000,000; and for boll weevil eradication program loans, $60,000,000: Provided, That the Secretary shall deem the pink bollworm to be a boll weevil for the purpose of boll weevil eradication program loans. For the cost of direct and guaranteed loans and grants, including the cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: $249,000 for emergency loans, to remain available until expended; and $23,520,000 for direct farm operating loans, $11,228,000 for unsubsidized guaranteed farm operating loans, $10,983,000 for the relending program, and $894,000 for Indian highly fractionated land loans. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $326,461,000: Provided, That of this amount, $305,803,000 shall be transferred to and merged with the appropriation for ``Farm Service Agency, Salaries and Expenses''. Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership, operating and conservation direct loans and guaranteed loans may be transferred among these programs: Provided, That the Committees on Appropriations of both Houses of Congress are notified at least 15 days in advance of any transfer. Risk Management Agency salaries and expenses For necessary expenses of the Risk Management Agency, $75,443,000; of which $4,500,000 shall be available to conduct research and development and carry out contracting and partnerships as described under subsections 522(c) and (d) of the Federal Crop Insurance Act, as amended (7 U.S.C. 1522(c) and (d)), in addition to amounts otherwise provided for such purposes: Provided, That $1,000,000 of the amount appropriated under this heading in this Act shall be available for compliance and integrity activities required under section 516(b)(2)(C) of the Federal Crop Insurance Act of 1938 (7 U.S.C. 1516(b)(2)(C)), and shall be in addition to amounts otherwise provided for such purpose: Provided further, That not to exceed $1,000 shall be available for official reception and representation expenses, as authorized by 7 U.S.C. 1506(i). Natural Resources Conservation Service conservation operations For necessary expenses for carrying out the provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f), including preparation of conservation plans and establishment of measures to conserve soil and water (including farm irrigation and land drainage and such special measures for soil and water management as may be necessary to prevent floods and the siltation of reservoirs and to control agricultural related pollutants); operation of conservation plant materials centers; classification and mapping of soil; dissemination of information; acquisition of lands, water, and interests therein for use in the plant materials program by donation, exchange, or purchase at a nominal cost not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 2268a); purchase and erection or alteration or improvement of permanent and temporary buildings; and operation and maintenance of aircraft, $1,023,777,000, to remain available until September 30, 2024, of which up to $22,973,000 shall be for the purposes, and in the amounts, specified for this account in the table titled ``Community Project Funding'' in the report accompanying this Act: Provided further, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for construction and improvement of buildings and public improvements at plant materials centers, except that the cost of alterations and improvements to other buildings and other public improvements shall not exceed $250,000: Provided further, That when buildings or other structures are erected on non-Federal land, that the right to use such land is obtained as provided in 7 U.S.C. 2250a. watershed and flood prevention operations For necessary expenses to carry out preventive measures, including but not limited to surveys and investigations, engineering operations, works of improvement, and changes in use of land, in accordance with the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-1009) and in accordance with the provisions of laws relating to the activities of the Department, $95,000,000, to remain available until expended: Provided, That for funds provided by this Act or any other prior Act, the limitation regarding the size of the watershed or subwatershed exceeding two hundred and fifty thousand acres in which such activities can be undertaken shall only apply for activities undertaken for the primary purpose of flood prevention (including structural and land treatment measures): Provided further, That of the amounts made available under this heading, $10,000,000 shall be allocated to projects and activities that can commence promptly following enactment; that address regional priorities for flood prevention, agricultural water management, inefficient irrigation systems, fish and wildlife habitat, or watershed protection; or that address authorized ongoing projects under the authorities of section 13 of the Flood Control Act of December 22, 1944 (Public Law 78-534) with a primary purpose of watershed protection by preventing floodwater damage and stabilizing stream channels, tributaries, and banks to reduce erosion and sediment transport. watershed rehabilitation program Under the authorities of section 14 of the Watershed Protection and Flood Prevention Act, $5,000,000 is provided. healthy forests reserve program For necessary expenses to carry out the Healthy Forests Reserve Program under the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6571-6578), $10,000,000, to remain available until expended. urban agriculture and innovative production For necessary expenses to carry out the Urban Agriculture and Innovative Production Program under section 222 of subtitle A of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6923), as added by section 12302 of Public Law 115-334, $13,500,000. CORPORATIONS The following corporations and agencies are hereby authorized to make expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation or agency, except as hereinafter provided. Federal Crop Insurance Corporation Fund For payments as authorized by section 516 of the Federal Crop Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain available until expended. Commodity Credit Corporation Fund reimbursement for net realized losses (including transfers of funds) For the current fiscal year, such sums as may be necessary to reimburse the Commodity Credit Corporation for net realized losses sustained, but not previously reimbursed, pursuant to section 2 of the Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the funds available to the Commodity Credit Corporation under section 11 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the conduct of its business with the Foreign Agricultural Service, up to $5,000,000 may be transferred to and used by the Foreign Agricultural Service for information resource management activities of the Foreign Agricultural Service that are not related to Commodity Credit Corporation business. hazardous waste management (limitation on expenses) For the current fiscal year, the Commodity Credit Corporation shall not expend more than $15,000,000 for site investigation and cleanup expenses, and operations and maintenance expenses to comply with the requirement of section 107(g) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and section 6001 of the Solid Waste Disposal Act (42 U.S.C. 6961). TITLE III RURAL DEVELOPMENT PROGRAMS Office of the Under Secretary for Rural Development For necessary expenses of the Office of the Under Secretary for Rural Development, $1,620,000: Provided, That funds made available by this Act to an agency in the Rural Development mission area for salaries and expenses are available to fund up to one administrative support staff for the Office. Rural Development salaries and expenses (including transfers of funds) For necessary expenses for carrying out the administration and implementation of Rural Development programs, including activities with institutions concerning the development and operation of agricultural cooperatives; and for cooperative agreements; $401,976,000: Provided, That of the amount made available under this heading, up to $5,000,000, to remain available until September 30, 2024, shall be for the Rural Partners Network activities of the Department of Agriculture, and may be transferred to other agencies of the Department for such purpose, consistent with the missions and authorities of such agencies: Provided further, That notwithstanding any other provision of law, funds appropriated under this heading may be used for advertising and promotional activities that support Rural Development programs: Provided further, That in addition to any other funds appropriated for purposes authorized by section 502(i) of the Housing Act of 1949 (42 U.S.C. 1472(i)), any amounts collected under such section, as amended by this Act, will immediately be credited to this account and will remain available until expended for such purposes. Rural Housing Service rural housing insurance fund program account (including transfers of funds) For gross obligations for the principal amount of direct and guaranteed loans as authorized by title V of the Housing Act of 1949, to be available from funds in the rural housing insurance fund, as follows: $1,500,000,000 shall be for direct loans, $12,000,000 shall be for a single family housing relending demonstration program for Native American Tribes, and $30,000,000,000 shall be for unsubsidized guaranteed loans; $28,000,000 for section 504 housing repair loans; $150,000,000 for section 515 rental housing; $300,000,000 for section 538 guaranteed multi-family housing loans; $10,000,000 for credit sales of single family housing acquired property; $5,000,000 for section 523 self-help housing land development loans; and $5,000,000 for section 524 site development loans. For the cost of direct and guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: section 502 loans, $55,650,000 shall be for direct loans; $3,948,000 shall be for a single family housing relending demonstration program for Native American Tribes; section 504 housing repair loans, $2,324,000; section 523 self-help housing land development loans, $267,000; section 524 site development loans, $208,000; and repair, rehabilitation, and new construction of section 515 rental housing, $28,665,000: Provided, That to support the loan program level for section 538 guaranteed loans made available under this heading the Secretary may charge or adjust any fees to cover the projected cost of such loan guarantees pursuant to the provisions of the Credit Reform Act of 1990 (2 U.S.C. 661 et seq.), and the interest on such loans may not be subsidized: Provided further, That applicants in communities that have a current rural area waiver under section 541 of the Housing Act of 1949 (42 U.S.C. 1490q) shall be treated as living in a rural area for purposes of section 502 guaranteed loans provided under this heading: Provided further, That of the amounts available under this paragraph for section 502 direct loans, no less than $5,000,000 shall be available for direct loans for individuals whose homes will be built pursuant to a program funded with a mutual and self-help housing grant authorized by section 523 of the Housing Act of 1949 until June 1, 2023: Provided further, That the Secretary shall implement provisions to provide incentives to nonprofit organizations and public housing authorities to facilitate the acquisition of Rural Housing Service (RHS) multifamily housing properties by such nonprofit organizations and public housing authorities that commit to keep such properties in the RHS multifamily housing program for a period of time as determined by the Secretary, with such incentives to include, but not be limited to, the following: allow such nonprofit entities and public housing authorities to earn a Return on Investment on their own resources to include proceeds from low income housing tax credit syndication, own contributions, grants, and developer loans at favorable rates and terms, invested in a deal; and allow reimbursement of organizational costs associated with owner's oversight of asset referred to as ``Asset Management Fee'' of up to $7,500 per property. In addition, for the cost of direct loans and grants, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, $40,000,000, to remain available until expended, for a demonstration program for the preservation and revitalization of the sections 514, 515, and 516 multi-family rental housing properties to restructure existing USDA multi-family housing loans, as the Secretary deems appropriate, expressly for the purposes of ensuring the project has sufficient resources to preserve the project for the purpose of providing safe and affordable housing for low-income residents and farm laborers including reducing or eliminating interest; deferring loan payments, subordinating, reducing or re-amortizing loan debt; and other financial assistance including advances, payments and incentives (including the ability of owners to obtain reasonable returns on investment) required by the Secretary: Provided, That the Secretary shall, as part of the preservation and revitalization agreement, obtain a restrictive use agreement consistent with the terms of the restructuring: Provided further, That any balances, including obligated balances, available for all demonstration programs for the preservation and revitalization of sections 514, 515, and 516 multi- family rental housing properties in the ``Multi-Family Housing Revitalization Program Account'' shall be transferred to and merged with this account, and shall also be available for the preservation and revitalization of sections 514, 515, and 516 multi-family rental housing properties, including the restructuring of existing USDA multi- family housing loans: Provided further, That following the transfer of balances described in the preceding proviso, any adjustments to obligations for demonstration programs for the preservation and revitalization of sections 514, 515, and 516 multi-family rental housing properties that would otherwise be incurred in the ``Multi- Family Housing Revitalization Program Account'' shall be made in this account from amounts transferred to this account under the preceding proviso. In addition, for the cost of direct loans, grants, and contracts, as authorized by sections 514 and 516 of the Housing Act of 1949 (42 U.S.C. 1484, 1486), $18,126,000, to remain available until expended, for direct farm labor housing loans and domestic farm labor housing grants and contracts: Provided, That any balances available for the Farm Labor Program Account shall be transferred to and merged with this account. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $412,254,000 shall be transferred to and merged with the appropriation for ``Rural Development, Salaries and Expenses''. rental assistance program For rental assistance agreements entered into or renewed pursuant to the authority under section 521(a)(2) of the Housing Act of 1949 or agreements entered into in lieu of debt forgiveness or payments for eligible households as authorized by section 502(c)(5)(D) of the Housing Act of 1949, $1,493,926,000, of which $40,000,000 shall be available until September 30, 2024; and in addition such sums as may be necessary, as authorized by section 521(c) of the Act, to liquidate debt incurred prior to fiscal year 1992 to carry out the rental assistance program under section 521(a)(2) of the Act: Provided, That rental assistance agreements entered into or renewed during the current fiscal year shall be funded for a one-year period: Provided further, That of the amounts made available under this heading, not less than $8,000,000 shall be available for newly constructed units financed under section 514 and 516 of the Housing Act of 1949: Provided further, That upon request by an owner of a project financed by an existing loan under section 514 or 515 of the Act, the Secretary may renew the rental assistance agreement for a period of 20 years or until the term of such loan has expired, subject to annual appropriations: Provided further, That any unexpended balances remaining at the end of such one-year agreements may be transferred and used for purposes of any debt reduction, maintenance, repair, or rehabilitation of any existing projects; preservation; and rental assistance activities authorized under title V of the Act: Provided further, That rental assistance provided under agreements entered into prior to fiscal year 2023 for a farm labor multi-family housing project financed under section 514 or 516 of the Act may not be recaptured for use in another project until such assistance has remained unused for a period of 12 consecutive months, if such project has a waiting list of tenants seeking such assistance or the project has rental assistance eligible tenants who are not receiving such assistance: Provided further, That such recaptured rental assistance shall, to the extent practicable, be applied to another farm labor multi-family housing project financed under section 514 or 516 of the Act: Provided further, That except as provided in the fifth proviso under this heading and notwithstanding any other provision of the Act, the Secretary may recapture rental assistance provided under agreements entered into prior to fiscal year 2023 for a project that the Secretary determines no longer needs rental assistance and use such recaptured funds for current needs. rural housing voucher account For the rural housing voucher program as authorized under section 542 of the Housing Act of 1949, but notwithstanding subsection (b) of such section, $38,000,000, to remain available until expended: Provided, That the funds made available under this heading shall be available for rural housing vouchers to any low-income household (including those not receiving rental assistance) residing in a property financed with a section 515 loan which has been prepaid or otherwise paid off after September 30, 2005: Provided further, That the amount of such voucher shall be the difference between comparable market rent for the section 515 unit and the tenant paid rent for such unit: Provided further, That funds made available for such vouchers shall be subject to the availability of annual appropriations: Provided further, That the Secretary shall, to the maximum extent practicable, administer such vouchers with current regulations and administrative guidance applicable to section 8 housing vouchers administered by the Secretary of the Department of Housing and Urban Development: Provided further, That in addition to any other available funds, the Secretary may expend not more than $1,000,000 total, from the program funds made available under this heading, for administrative expenses for activities funded under this heading. mutual and self-help housing grants For grants and contracts pursuant to section 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 1490c), $33,000,000, to remain available until expended. rural housing assistance grants For grants for very low-income housing repair and rural housing preservation made by the Rural Housing Service, as authorized by 42 U.S.C. 1474, and 1490m, $48,000,000, to remain available until expended. rural community facilities program account (including transfers of funds) For gross obligations for the principal amount of direct and guaranteed loans as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, $2,800,000,000 for direct loans and $650,000,000 for guaranteed loans. For the cost of direct loans, loan guarantees and grants, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, for rural community facilities programs as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, $194,865,000, to remain available until expended, of which up to $126,865,000 shall be for the purposes, and in the amounts, specified for this account in the table titled ``Community Project Funding'' in the report accompanying this Act: Provided, That $8,000,000 of the amount appropriated under this heading shall be available for a Rural Community Development Initiative: Provided further, That such funds shall be used solely to develop the capacity and ability of private, nonprofit community-based housing and community development organizations, low-income rural communities, and Federally Recognized Native American Tribes to undertake projects to improve housing, community facilities, community and economic development projects in rural areas: Provided further, That such funds shall be made available to qualified private, nonprofit and public intermediary organizations proposing to carry out a program of financial and technical assistance: Provided further, That such intermediary organizations shall provide matching funds from other sources, including Federal funds for related activities, in an amount not less than funds provided: Provided further, That any unobligated balances from prior year appropriations under this heading for the cost of direct loans, loan guarantees and grants, including amounts deobligated or cancelled, may be made available to cover the subsidy costs for direct loans and or loan guarantees under this heading in this fiscal year: Provided further, That no amounts may be made available pursuant to the preceding proviso from amounts that were designated by the Congress as an emergency requirement pursuant to a Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985, or that were specified in the table titled ``Community Project Funding/ Congressionally Directed Spending'' in the explanatory statement for Division A of Public Law 117-103 described in section 4 in the matter preceding such division A: Provided further, That $10,000,000 of the amount appropriated under this heading shall be available for community facilities grants to tribal colleges, as authorized by section 306(a)(19) of such Act: Provided further, That sections 381E-H and 381N of the Consolidated Farm and Rural Development Act are not applicable to the funds made available under this heading. Rural Business--Cooperative Service rural business program account (including transfers of funds) For the cost of loan guarantees and grants, for the rural business development programs authorized by section 310B and described in subsections (a), (c), (f) and (g) of section 310B of the Consolidated Farm and Rural Development Act, $88,800,000, to remain available until expended: Provided, That of the amount appropriated under this heading, not to exceed $500,000 shall be made available for one grant to a qualified national organization to provide technical assistance for rural transportation in order to promote economic development and $9,000,000 shall be for grants to the Delta Regional Authority (7 U.S.C. 2009aa et seq.), the Northern Border Regional Commission (40 U.S.C. 15101 et seq.), and the Appalachian Regional Commission (40 U.S.C. 14101 et seq.) for any Rural Community Advancement Program purpose as described in section 381E(d) of the Consolidated Farm and Rural Development Act, of which not more than 5 percent may be used for administrative expenses: Provided further, That $4,000,000 of the amount appropriated under this heading shall be for business grants to benefit Federally Recognized Native American Tribes, including $250,000 for a grant to a qualified national organization to provide technical assistance for rural transportation in order to promote economic development: Provided further, That sections 381E-H and 381N of the Consolidated Farm and Rural Development Act are not applicable to funds made available under this heading. intermediary relending program fund account (including transfer of funds) For the principal amount of direct loans, as authorized by the Intermediary Relending Program Fund Account (7 U.S.C. 1936b), $18,889,000. For the cost of direct loans, $3,313,000, as authorized by the Intermediary Relending Program Fund Account (7 U.S.C. 1936b), of which $331,000 shall be available through June 30, 2023, for Federally Recognized Native American Tribes; and of which $663,000 shall be available through June 30, 2023, for Mississippi Delta Region counties (as determined in accordance with Public Law 100-460): Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974. In addition, for administrative expenses to carry out the direct loan programs, $4,468,000 shall be transferred to and merged with the appropriation for ``Rural Development, Salaries and Expenses''. rural economic development loans program account For the principal amount of direct loans, as authorized under section 313B(a) of the Rural Electrification Act, for the purpose of promoting rural economic development and job creation projects, $50,000,000. The cost of grants authorized under section 313B(a) of the Rural Electrification Act, for the purpose of promoting rural economic development and job creation projects shall not exceed $10,000,000. rural cooperative development grants For rural cooperative development grants authorized under section 310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932), $27,600,000, of which $2,800,000 shall be for cooperative agreements for the appropriate technology transfer for rural areas program: Provided, That not to exceed $3,000,000 shall be for grants for cooperative development centers, individual cooperatives, or groups of cooperatives that serve socially disadvantaged groups and a majority of the boards of directors or governing boards of which are comprised of individuals who are members of socially disadvantaged groups; and of which $16,000,000, to remain available until expended, shall be for value-added agricultural product market development grants, as authorized by section 210A of the Agricultural Marketing Act of 1946, of which $3,000,000, to remain available until expended, shall be for Agriculture Innovation Centers authorized pursuant to section 6402 of Public Law 107-171. rural microentrepreneur assistance program For the principal amount of direct loans authorized by section 379E of the Consolidated Farm and Rural Development Act (U.S.C. 2008s), $25,000,000. For the cost of loans and grants, $6,000,000 under the same terms and conditions as authorized by section 379E of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008s). rural energy for america program For the cost of a program of loan guarantees and grants, under the same terms and conditions as authorized by section 9007 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107), $10,045,000: Provided, That the cost of loan guarantees, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974. healthy food financing initiative For the cost of loans and grants that is consistent with section 243 of subtitle D of title II of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6953), as added by section 4206 of the Agricultural Act of 2014, for necessary expenses of the Secretary to support projects that provide access to healthy food in underserved areas, to create and preserve quality jobs, and to revitalize low- income communities, $5,000,000, to remain available until expended: Provided, That such costs of loans, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974. Rural Utilities Service rural water and waste disposal program account (including transfers of funds) For gross obligations for the principal amount of direct and guaranteed loans as authorized by section 306 and described in section 381E(d)(2) of the Consolidated Farm and Rural Development Act, as follows: $1,450,000,000 for direct loans; and $50,000,000 for guaranteed loans. For the cost of loan guarantees and grants, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, for rural water, waste water, waste disposal, and solid waste management programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B and described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated Farm and Rural Development Act, $685,072,000, to remain available until expended, of which not to exceed $1,000,000 shall be available for the rural utilities program described in section 306(a)(2)(B) of such Act, and of which not to exceed $5,000,000 shall be available for the rural utilities program described in section 306E of such Act: Provided, That not to exceed $15,000,000 of the amount appropriated under this heading shall be for grants authorized by section 306A(i)(2) of the Consolidated Farm and Rural Development Act in addition to funding authorized by section 306A(i)(1) of such Act: Provided further, That $70,000,000 of the amount appropriated under this heading shall be for loans and grants including water and waste disposal systems grants authorized by section 306C(a)(2)(B) and section 306D of the Consolidated Farm and Rural Development Act, and Federally Recognized Native American Tribes authorized by 306C(a)(1) of such Act: Provided further, That funding provided for section 306D of the Consolidated Farm and Rural Development Act may be provided to a consortium formed pursuant to section 325 of Public Law 105-83: Provided further, That not more than 2 percent of the funding provided for section 306D of the Consolidated Farm and Rural Development Act may be used by the State of Alaska for training and technical assistance programs and not more than 2 percent of the funding provided for section 306D of the Consolidated Farm and Rural Development Act may be used by a consortium formed pursuant to section 325 of Public Law 105-83 for training and technical assistance programs: Provided further, That not to exceed $37,500,000 of the amount appropriated under this heading shall be for technical assistance grants for rural water and waste systems pursuant to section 306(a)(14) of such Act, unless the Secretary makes a determination of extreme need, of which $8,500,000 shall be made available for a grant to a qualified nonprofit multi-State regional technical assistance organization, with experience in working with small communities on water and waste water problems, the principal purpose of such grant shall be to assist rural communities with populations of 3,300 or less, in improving the planning, financing, development, operation, and management of water and waste water systems, and of which not less than $800,000 shall be for a qualified national Native American organization to provide technical assistance for rural water systems for tribal communities: Provided further, That not to exceed $20,762,000 of the amount appropriated under this heading shall be for contracting with qualified national organizations for a circuit rider program to provide technical assistance for rural water systems: Provided further, That not to exceed $4,000,000 of the amounts made available under this heading shall be for solid waste management grants: Provided further, That $10,000,000 of the amount appropriated under this heading shall be transferred to, and merged with, the Rural Utilities Service, High Energy Cost Grants Account to provide grants authorized under section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a): Provided further, That any prior year balances for high-energy cost grants authorized by section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a) shall be transferred to and merged with the Rural Utilities Service, High Energy Cost Grants Account: Provided further, That not to exceed $6,810,000 of the amounts appropriated under this heading shall be available as the Secretary deems appropriate for water and waste direct one percent loans for distressed communities: Provided further, That if the Secretary determines that any portion of the amount made available for one percent loans is not needed for such loans, the Secretary may use such amounts, for grants authorized by section 306(a)(2) of the Consolidated Farm and Rural Development Act: Provided further, That if any funds made available for the direct loan subsidy costs remain unobligated after July 31, 2024, such unobligated balances may be used for grant programs funded under this heading: Provided further, That sections 381E-H and 381N of the Consolidated Farm and Rural Development Act are not applicable to the funds made available under this heading. rural electrification and telecommunications loans program account (including transfer of funds) The principal amount of direct and guaranteed loans as authorized by sections 4, 305, 306, and 317 of the Rural Electrification Act of 1936 (7 U.S.C. 904, 935, 936, and 940g) shall be made as follows: loans made pursuant to section 306, guaranteed electric loans, $2,167,000,000; loans made pursuant to sections 4, notwithstanding 4(c)(2), of that Act, and 317, notwithstanding 317(c), of that Act, cost-of-money direct loans, $4,333,000,000; loans made pursuant to section 313A of that Act, guaranteed underwriting loans, $800,000,000; and for loans made pursuant to section 305(d)(2) of that Act, cost of money telecommunications loans, $690,000,000. For the cost of direct loans as authorized by section 305(d)(2) of the Rural Electrification Act of 1936 (7 U.S.C. 935(d)(2)), including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, cost of money rural telecommunications loans, $3,726,000. In addition, $11,500,000 to remain available until expended, to carry out section 6407 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107a): Provided, That the energy efficiency measures supported by the funding in this paragraph shall contribute in a demonstrable way to the reduction of greenhouse gases. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $33,270,000, which shall be transferred to and merged with the appropriation for ``Rural Development, Salaries and Expenses''. distance learning, telemedicine, and broadband program For grants for telemedicine and distance learning services in rural areas, as authorized by 7 U.S.C. 950aaa et seq., $60,000,000, to remain available until expended: Provided, That $3,000,000 shall be made available for grants authorized by section 379G of the Consolidated Farm and Rural Development Act: Provided further, That funding provided under this heading for grants under section 379G of the Consolidated Farm and Rural Development Act may only be provided to entities that meet all of the eligibility criteria for a consortium as established by this section. For the cost of broadband loans, as authorized by sections 601 and 602 of the Rural Electrification Act, $2,000,000, to remain available until expended: Provided, That the cost of direct loans shall be as defined in section 502 of the Congressional Budget Act of 1974. For the broadband loan and grant pilot program established by section 779 of division A of the Consolidated Appropriations Act, 2018 (Public Law 115-141) under the Rural Electrification Act of 1936, as amended (7 U.S.C. 901 et seq.), $465,513,000, to remain available until expended, of which up to $15,513,000 shall be for the purposes, and in the amounts, specified for this account in the table titled ``Community Project Funding'' in the report accompanying this Act: Provided, That the Secretary may award grants described in section 601(a) of the Rural Electrification Act of 1936, as amended (7 U.S.C. 950bb(a)) for the purposes of carrying out such pilot program: Provided further, That the cost of direct loans shall be defined in section 502 of the Congressional Budget Act of 1974: Provided further, That at least 90 percent of the households to be served by a project receiving a loan or grant under the pilot program shall be in a rural area without sufficient access to broadband: Provided further, That for purposes of such pilot program, a rural area without sufficient access to broadband shall be defined as twenty-five megabytes per second downstream and three megabytes per second upstream: Provided further, That to the extent possible, projects receiving funds provided under the pilot program must build out service to at least one hundred megabytes per second downstream, and twenty megabytes per second upstream: Provided further, That an entity to which a loan or grant is made under the pilot program shall not use the loan or grant to overbuild or duplicate broadband service in a service area by any entity that has received a broadband loan from the Rural Utilities Service unless such service is not provided sufficient access to broadband at the minimum service threshold: Provided further, That not more than four percent of the funds made available in this paragraph can be used for administrative costs to carry out the pilot program and up to three percent of funds made available in this paragraph may be available for technical assistance and pre-development planning activities to support the most rural communities: Provided further, That the Rural Utilities Service is directed to expedite program delivery methods that would implement this paragraph: Provided further, That for purposes of this paragraph, the Secretary shall adhere to the notice, reporting and service area assessment requirements set forth in section 701 of the Rural Electrification Act (7 U.S.C. 950cc). In addition, $35,000,000, to remain available until expended, for the Community Connect Grant Program authorized by 7 U.S.C. 950bb-3. TITLE IV DOMESTIC FOOD PROGRAMS Office of the Under Secretary for Food, Nutrition, and Consumer Services For necessary expenses of the Office of the Under Secretary for Food, Nutrition, and Consumer Services, $1,376,000: Provided, That funds made available by this Act to an agency in the Food, Nutrition and Consumer Services mission area for salaries and expenses are available to fund up to one administrative support staff for the Office. Food and Nutrition Service child nutrition programs (including transfers of funds) For necessary expenses to carry out the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21; $28,619,957,000 to remain available through September 30, 2024, of which such sums as are made available under section 14222(b)(1) of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246), as amended by this Act, shall be merged with and available for the same time period and purposes as provided herein: Provided, That of the total amount available, $20,162,000 shall be available to carry out section 19 of the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.): Provided further, That of the total amount available, $21,005,000 shall be available to carry out studies and evaluations and shall remain available until expended: Provided further, That of the total amount available, $12,000,000 shall remain available until expended to carry out section 18(g) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(g)): Provided further, That notwithstanding section 18(g)(3)(C) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(g)(3)(c)), the total grant amount provided to a farm to school grant recipient in fiscal year 2023 shall not exceed $500,000: Provided further, That of the total amount available, $40,000,000 shall be available to provide competitive grants to State agencies for subgrants to local educational agencies and schools to purchase the equipment, with a value of greater than $1,000, needed to serve healthier meals, improve food safety, and to help support the establishment, maintenance, or expansion of the school breakfast program: Provided further, That of the total amount available, $50,000,000 shall remain available until expended to carry out section 749(g) of the Agriculture Appropriations Act of 2010 (Public Law 111-80): Provided further, That of the total amount available, $10,000,000 shall be available until September 30, 2024 to carry out section 23 of the Child Nutrition Act of 1966 (42 U.S.C. 1793), of which $2,000,000 shall be for grants under such section to the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, and American Samoa: Provided further, That section 26(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769g(d)) is amended in the first sentence by striking ``2010 through 2023'' and inserting ``2010 through 2024'': Provided further, That section 9(h)(3) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(h)(3)) is amended in the first sentence by striking ``For fiscal year 2022'' and inserting ``For fiscal year 2023'': Provided further, That section 9(h)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(h)(4)) is amended in the first sentence by striking ``For fiscal year 2022'' and inserting ``For fiscal year 2023''. special supplemental nutrition program for women, infants, and children (wic) For necessary expenses to carry out the special supplemental nutrition program as authorized by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), $6,000,000,000, to remain available through September 30, 2024: Provided, That notwithstanding section 17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), not less than $90,000,000 shall be used for breastfeeding peer counselors and other related activities, and $14,000,000 shall be used for infrastructure: Provided further, That the Secretary shall use funds made available under this heading to increase the amount of a cash-value voucher for women and children participants to an amount recommended by the National Academies of Science, Engineering and Medicine and adjusted for inflation: Provided further, That none of the funds provided in this account shall be available for the purchase of infant formula except in accordance with the cost containment and competitive bidding requirements specified in section 17 of such Act: Provided further, That none of the funds provided shall be available for activities that are not fully reimbursed by other Federal Government departments or agencies unless authorized by section 17 of such Act: Provided further, That upon termination of a federally mandated vendor moratorium and subject to terms and conditions established by the Secretary, the Secretary may waive the requirement at 7 CFR 246.12(g)(6) at the request of a State agency. supplemental nutrition assistance program For necessary expenses to carry out the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), $111,180,895,000, of which $3,000,000,000, to remain available through September 30, 2025, shall be placed in reserve for use only in such amounts and at such times as may become necessary to carry out program operations: Provided, That funds provided herein shall be expended in accordance with section 16 of the Food and Nutrition Act of 2008: Provided further, That of the funds made available under this heading, $998,000 may be used to provide nutrition education services to State agencies and Federally Recognized Tribes participating in the Food Distribution Program on Indian Reservations: Provided further, That of the funds made available under this heading, $3,000,000, to remain available until September 30, 2024, shall be used to carry out section 4003(b) of Public Law 115-334 relating to demonstration projects for tribal organizations: Provided further, That this appropriation shall be subject to any work registration or workfare requirements as may be required by law: Provided further, That funds made available for Employment and Training under this heading shall remain available through September 30, 2024: Provided further, That funds made available under this heading for section 28(d)(1), section 4(b), and section 27(a) of the Food and Nutrition Act of 2008 shall remain available through September 30, 2024: Provided further, That none of the funds made available under this heading may be obligated or expended in contravention of section 213A of the Immigration and Nationality Act (8 U.S.C. 1183A): Provided further, That funds made available under this heading may be used to enter into contracts and employ staff to conduct studies, evaluations, or to conduct activities related to program integrity provided that such activities are authorized by the Food and Nutrition Act of 2008. For making, after June 30 of the current fiscal year, benefit payments to individuals, and payments to States or other non-Federal entities, pursuant to the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), for unanticipated costs incurred for the last three months of the fiscal year, such sums as may be necessary. commodity assistance program For necessary expenses to carry out disaster assistance and the Commodity Supplemental Food Program as authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note); the Emergency Food Assistance Act of 1983; special assistance for the nuclear affected islands, as authorized by section 103(f)(2) of the Compact of Free Association Amendments Act of 2003 (Public Law 108- 188); and the Farmers' Market Nutrition Program, as authorized by section 17(m) of the Child Nutrition Act of 1966, $469,710,000, to remain available through September 30, 2024: Provided, That none of these funds shall be available to reimburse the Commodity Credit Corporation for commodities donated to the program: Provided further, That notwithstanding any other provision of law, effective with funds made available in fiscal year 2023 to support the Seniors Farmers' Market Nutrition Program, as authorized by section 4402 of the Farm Security and Rural Investment Act of 2002, such funds shall remain available through September 30, 2024: Provided further, That of the funds made available under section 27(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 20 percent for costs associated with the distribution of commodities. nutrition programs administration For necessary administrative expenses of the Food and Nutrition Service for carrying out any domestic nutrition assistance program, $231,378,000: Provided, That of the funds provided herein, $2,000,000 shall be used for the purposes of section 4404 of Public Law 107-171, as amended by section 4401 of Public Law 110-246. TITLE V FOREIGN ASSISTANCE AND RELATED PROGRAMS Office of the Under Secretary for Trade and Foreign Agricultural Affairs For necessary expenses of the Office of the Under Secretary for Trade and Foreign Agricultural Affairs, $932,000: Provided, That funds made available by this Act to any agency in the Trade and Foreign Agricultural Affairs mission area for salaries and expenses are available to fund up to one administrative support staff for the Office. office of codex alimentarius For necessary expenses of the Office of Codex Alimentarius, $4,922,000, including not to exceed $40,000 for official reception and representation expenses. Foreign Agricultural Service salaries and expenses (including transfers of funds) For necessary expenses of the Foreign Agricultural Service, including not to exceed $250,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), $234,913,000, of which no more than 6 percent shall remain available until September 30, 2024, for overseas operations to include the payment of locally employed staff: Provided, That the Service may utilize advances of funds, or reimburse this appropriation for expenditures made on behalf of Federal agencies, public and private organizations and institutions under agreements executed pursuant to the agricultural food production assistance programs (7 U.S.C. 1737) and the foreign assistance programs of the United States Agency for International Development: Provided further, That funds made available for middle-income country training programs, funds made available for the Borlaug International Agricultural Science and Technology Fellowship program, and up to $2,000,000 of the Foreign Agricultural Service appropriation solely for the purpose of offsetting fluctuations in international currency exchange rates, subject to documentation by the Foreign Agricultural Service, shall remain available until expended. food for peace title ii grants For expenses during the current fiscal year, not otherwise recoverable, and unrecovered prior years' costs, including interest thereon, under the Food for Peace Act (Public Law 83-480), for commodities supplied in connection with dispositions abroad under title II of said Act, $1,800,000,000, to remain available until expended. mcgovern-dole international food for education and child nutrition program grants For necessary expenses to carry out the provisions of section 3107 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o- 1), $265,000,000, to remain available until expended: Provided, That the Commodity Credit Corporation is authorized to provide the services, facilities, and authorities for the purpose of implementing such section, subject to reimbursement from amounts provided herein: Provided further, That of the amount made available under this heading, not more than 10 percent, but not less than $26,500,000, shall remain available until expended to purchase agricultural commodities as described in subsection 3107(a)(2) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-1(a)(2)). commodity credit corporation export (loans) credit guarantee program account (including transfers of funds) For administrative expenses to carry out the Commodity Credit Corporation's Export Guarantee Program, GSM 102 and GSM 103, $6,063,000, to cover common overhead expenses as permitted by section 11 of the Commodity Credit Corporation Charter Act and in conformity with the Federal Credit Reform Act of 1990, which shall be transferred to and merged with the appropriation for ``Foreign Agricultural Service, Salaries and Expenses''. TITLE VI RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION Department of Health and Human Services food and drug administration salaries and expenses (including transfers of funds) For necessary expenses of the Food and Drug Administration, including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law 92-313 for programs and activities of the Food and Drug Administration which are included in this Act; for rental of special purpose space in the District of Columbia or elsewhere; in addition to amounts appropriated to the FDA Innovation Account, for carrying out the activities described in section 1002(b)(4) of the 21st Century Cures Act (Public Law 114-255); for miscellaneous and emergency expenses of enforcement activities, authorized and approved by the Secretary and to be accounted for solely on the Secretary's certificate, not to exceed $25,000; and notwithstanding section 521 of Public Law 107-188; $6,484,171,000: Provided, That of the amount provided under this heading, $1,224,132,000 shall be derived from prescription drug user fees authorized by 21 U.S.C. 379h, and shall be credited to this account and remain available until expended; $248,342,000 shall be derived from medical device user fees authorized by 21 U.S.C. 379j, and shall be credited to this account and remain available until expended; $550,449,000 shall be derived from human generic drug user fees authorized by 21 U.S.C. 379j-42, and shall be credited to this account and remain available until expended; $40,841,000 shall be derived from biosimilar biological product user fees authorized by 21 U.S.C. 379j- 52, and shall be credited to this account and remain available until expended; $32,238,000 shall be derived from animal drug user fees authorized by 21 U.S.C. 379j-12, and shall be credited to this account and remain available until expended; $29,459,000 shall be derived from generic new animal drug user fees authorized by 21 U.S.C. 379j-21, and shall be credited to this account and remain available until expended; $712,000,000 shall be derived from tobacco product user fees authorized by 21 U.S.C. 387s, and shall be credited to this account and remain available until expended: Provided further, That in addition to and notwithstanding any other provision under this heading, amounts collected for prescription drug user fees, medical device user fees, human generic drug user fees, biosimilar biological product user fees, animal drug user fees, and generic new animal drug user fees that exceed the respective fiscal year 2023 limitations are appropriated and shall be credited to this account and remain available until expended: Provided further, That fees derived from prescription drug, medical device, human generic drug, biosimilar biological product, animal drug, and generic new animal drug assessments for fiscal year 2023, including any such fees collected prior to fiscal year 2023 but credited for fiscal year 2023, shall be subject to the fiscal year 2023 limitations: Provided further, That the Secretary may accept payment during fiscal year 2023 of user fees specified under this heading and authorized for fiscal year 2024, prior to the due date for such fees, and that amounts of such fees assessed for fiscal year 2024 for which the Secretary accepts payment in fiscal year 2023 shall not be included in amounts under this heading: Provided further, That none of these funds shall be used to develop, establish, or operate any program of user fees authorized by 31 U.S.C. 9701: Provided further, That of the total amount appropriated: (1) $1,244,007,000 shall be for the Center for Food Safety and Applied Nutrition and related field activities in the Office of Regulatory Affairs, of which no less than $15,000,000 shall be used for inspections of foreign seafood manufacturers and field examinations of imported seafood; (2) $2,225,209,000 shall be for the Center for Drug Evaluation and Research and related field activities in the Office of Regulatory Affairs, of which no less than $10,000,000 shall be for pilots to increase unannounced foreign inspections and shall remain available until expended, and $15,000,000 shall be for coordinating programs and activities of the Food and Drug Administration with those of the Drug Enforcement Administration and U.S. Customs and Border Protection to combat the illicit importation of opioids, including fentanyl, through international mail facilities and land ports-of entry; (3) $477,782,000 shall be for the Center for Biologics Evaluation and Research and for related field activities in the Office of Regulatory Affairs; (4) $295,999,000 shall be for the Center for Veterinary Medicine and for related field activities in the Office of Regulatory Affairs; (5) $682,221,000 shall be for the Center for Devices and Radiological Health and for related field activities in the Office of Regulatory Affairs; (6) $77,893,000 shall be for the National Center for Toxicological Research; (7) $677,165,000 shall be for the Center for Tobacco Products and for related field activities in the Office of Regulatory Affairs; (8) $216,603,000 shall be for Rent and Related activities, of which $56,011,000 is for White Oak Consolidation, other than the amounts paid to the General Services Administration for rent; (9) $237,917,000 shall be for payments to the General Services Administration for rent; and (10) $349,375,000 shall be for other activities, including the Office of the Commissioner of Food and Drugs, the Office of Food Policy and Response, the Office of Operations, the Office of the Chief Scientist, and central services for these offices: Provided further, That not to exceed $25,000 of this amount shall be for official reception and representation expenses, not otherwise provided for, as determined by the Commissioner: Provided further, That any transfer of funds pursuant to, and for the administration of, section 770(n) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from amounts made available under this heading for other activities and shall not exceed $2,000,000: Provided further, That of the amounts that are made available under this heading for ``other activities'', and that are not derived from user fees, $1,500,000 shall be transferred to and merged with the appropriation for ``Department of Health and Human Services-- Office of Inspector General'' for oversight of the programs and operations of the Food and Drug Administration and shall be in addition to funds otherwise made available for oversight of the Food and Drug Administration: Provided further, That funds may be transferred from one specified activity to another with the prior approval of the Committees on Appropriations of both Houses of Congress. In addition, mammography user fees authorized by 42 U.S.C. 263b, export certification user fees authorized by 21 U.S.C. 381, priority review user fees authorized by 21 U.S.C. 360n and 360ff, food and feed recall fees, food reinspection fees, and voluntary qualified importer program fees authorized by 21 U.S.C. 379j-31, outsourcing facility fees authorized by 21 U.S.C. 379j-62, prescription drug wholesale distributor licensing and inspection fees authorized by 21 U.S.C. 353(e)(3), third-party logistics provider licensing and inspection fees authorized by 21 U.S.C. 360eee-3(c)(1), third-party auditor fees authorized by 21 U.S.C. 384d(c)(8), medical countermeasure priority review voucher user fees authorized by 21 U.S.C. 360bbb-4a, and fees relating to over-the-counter monograph drugs authorized by 21 U.S.C. 379j-72 shall be credited to this account, to remain available until expended. buildings and facilities For plans, construction, repair, improvement, extension, alteration, demolition, and purchase of fixed equipment or facilities of or used by the Food and Drug Administration, where not otherwise provided, $16,000,000, to remain available until expended. fda innovation account, cures act (including transfer of funds) For necessary expenses to carry out the purposes described under section 1002(b)(4) of the 21st Century Cures Act, in addition to amounts available for such purposes under the heading ``Salaries and Expenses'', $50,000,000, to remain available until expended: Provided, That amounts appropriated in this paragraph are appropriated pursuant to section 1002(b)(3) of the 21st Century Cures Act, are to be derived from amounts transferred under section 1002(b)(2)(A) of such Act, and may be transferred by the Commissioner of Food and Drugs to the appropriation for ``Department of Health and Human Services Food and Drug Administration Salaries and Expenses'' solely for the purposes provided in such Act: Provided further, That upon a determination by the Commissioner that funds transferred pursuant to the previous proviso are not necessary for the purposes provided, such amounts may be transferred back to the account: Provided further, That such transfer authority is in addition to any other transfer authority provided by law. INDEPENDENT AGENCIES Commodity Futures Trading Commission (including transfer of funds) For necessary expenses to carry out the provisions of the Commodity Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of passenger motor vehicles, and the rental of space (to include multiple year leases), in the District of Columbia and elsewhere, $365,000,000, including not to exceed $3,000 for official reception and representation expenses, and not to exceed $25,000 for the expenses for consultations and meetings hosted by the Commission with foreign governmental and other regulatory officials, of which not less than $20,000,000 shall remain available until September 30, 2024, and of which not less than $4,567,000 shall be for expenses of the Office of the Inspector General: Provided, That notwithstanding the limitations in 31 U.S.C. 1553, amounts provided under this heading are available for the liquidation of obligations equal to current year payments on leases entered into prior to the date of enactment of this Act: Provided further, That for the purpose of recording and liquidating any lease obligations that should have been recorded and liquidated against accounts closed pursuant to 31 U.S.C. 1552, and consistent with the preceding proviso, such amounts shall be transferred to and recorded in a no-year account in the Treasury, which has been established for the sole purpose of recording adjustments for and liquidating such unpaid obligations. Farm Credit Administration limitation on administrative expenses Not to exceed $88,500,000 (from assessments collected from farm credit institutions, including the Federal Agricultural Mortgage Corporation) shall be obligated during the current fiscal year for administrative expenses as authorized under 12 U.S.C. 2249: Provided, That this limitation shall not apply to expenses associated with receiverships: Provided further, That the agency may exceed this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress: Provided further, That the purposes of section 3.7(b)(2)(A)(i) of the Farm Credit Act of 1971 (12 U.S.C. 2128(b)(2)(A)(i)), the Farm Credit Administration may exempt, an amount in its sole discretion, from the application of the limitation provided in that clause of export loans described in the clause guaranteed or insured in a manner other than described in subclause (II) of the clause. TITLE VII GENERAL PROVISIONS (including rescissions and transfers of funds) Sec. 701. The Secretary may use any appropriations made available to the Department of Agriculture in this Act to purchase new passenger motor vehicles, in addition to specific appropriations for this purpose, so long as the total number of vehicles purchased in fiscal year 2023 does not exceed the number of vehicles owned or leased in fiscal year 2018: Provided, That, prior to purchasing additional motor vehicles, the Secretary must determine that such vehicles are necessary for transportation safety, to reduce operational costs, and for the protection of life, property, and public safety: Provided further, That the Secretary may not increase the Department of Agriculture's fleet above the 2018 level unless the Secretary notifies in writing, and receives approval from, the Committees on Appropriations of both Houses of Congress within 30 days of the notification. Sec. 702. Notwithstanding any other provision of this Act, the Secretary of Agriculture may transfer unobligated balances of discretionary funds appropriated by this Act or any other available unobligated discretionary balances that are remaining available of the Department of Agriculture to the Working Capital Fund for the acquisition of property, plant and equipment and for the improvement, delivery, and implementation of Department financial, and administrative information technology services, and other support systems necessary for the delivery of financial, administrative, and information technology services, including cloud adoption and migration, of primary benefit to the agencies of the Department of Agriculture, such transferred funds to remain available until expended: Provided, That none of the funds made available by this Act or any other Act shall be transferred to the Working Capital Fund without the prior approval of the agency administrator: Provided further, That none of the funds transferred to the Working Capital Fund pursuant to this section shall be available for obligation without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That none of the funds appropriated by this Act or made available to the Department's Working Capital Fund shall be available for obligation or expenditure to make any changes to the Department's National Finance Center without written notification to and prior approval of the Committees on Appropriations of both Houses of Congress as required by section 716 of this Act: Provided further, That none of the funds appropriated by this Act or made available to the Department's Working Capital Fund shall be available for obligation or expenditure to initiate, plan, develop, implement, or make any changes to remove or relocate any systems, missions, personnel, or functions of the offices of the Chief Financial Officer and the Chief Information Officer, co-located with or from the National Finance Center prior to written notification to and prior approval of the Committee on Appropriations of both Houses of Congress and in accordance with the requirements of section 716 of this Act: Provided further, That the National Finance Center Information Technology Services Division personnel and data center management responsibilities, and control of any functions, missions, and systems for current and future human resources management and integrated personnel and payroll systems (PPS) and functions provided by the Chief Financial Officer and the Chief Information Officer shall remain in the National Finance Center and under the management responsibility and administrative control of the National Finance Center: Provided further, That the Secretary of Agriculture and the offices of the Chief Financial Officer shall actively market to existing and new Departments and other government agencies National Finance Center shared services including, but not limited to, payroll, financial management, and human capital shared services and allow the National Finance Center to perform technology upgrades: Provided further, That of annual income amounts in the Working Capital Fund of the Department of Agriculture attributable to the amounts in excess of the true costs of the shared services provided by the National Finance Center and budgeted for the National Finance Center, the Secretary shall reserve not more than 4 percent for the replacement or acquisition of capital equipment, including equipment for the improvement, delivery, and implementation of financial, administrative, and information technology services, and other systems of the National Finance Center or to pay any unforeseen, extraordinary cost of the National Finance Center: Provided further, That none of the amounts reserved shall be available for obligation unless the Secretary submits written notification of the obligation to the Committees on Appropriations of both Houses of Congress: Provided further, That the limitations on the obligation of funds pending notification to Congressional Committees shall not apply to any obligation that, as determined by the Secretary, is necessary to respond to a declared state of emergency that significantly impacts the operations of the National Finance Center; or to evacuate employees of the National Finance Center to a safe haven to continue operations of the National Finance Center. Sec. 703. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 704. No funds appropriated by this Act may be used to pay negotiated indirect cost rates on cooperative agreements or similar arrangements between the United States Department of Agriculture and nonprofit institutions in excess of 10 percent of the total direct cost of the agreement when the purpose of such cooperative arrangements is to carry out programs of mutual interest between the two parties. This does not preclude appropriate payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis for all agencies for which appropriations are provided in this Act. Sec. 705. Appropriations to the Department of Agriculture for the cost of direct and guaranteed loans made available in the current fiscal year shall remain available until expended to disburse obligations made in the current fiscal year for the following accounts: the Rural Development Loan Fund program account, the Rural Electrification and Telecommunication Loans program account, and the Rural Housing Insurance Fund program account. Sec. 706. None of the funds made available to the Department of Agriculture by this Act may be used to acquire new information technology systems or significant upgrades, as determined by the Office of the Chief Information Officer, without the approval of the Chief Information Officer and the concurrence of the Executive Information Technology Investment Review Board: Provided, That notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That notwithstanding section 11319 of title 40, United States Code, none of the funds available to the Department of Agriculture for information technology shall be obligated for projects, contracts, or other agreements over $25,000 prior to receipt of written approval by the Chief Information Officer: Provided further, That the Chief Information Officer may authorize an agency to obligate funds without written approval from the Chief Information Officer for projects, contracts, or other agreements up to $250,000 based upon the performance of an agency measured against the performance plan requirements described in the explanatory statement accompanying Public Law 113-235. Sec. 707. Funds made available under section 524(b) of the Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year shall remain available until expended to disburse obligations made in the current fiscal year. Sec. 708. Notwithstanding any other provision of law, any former Rural Utilities Service borrower that has repaid or prepaid an insured, direct or guaranteed loan under the Rural Electrification Act of 1936, or any not-for-profit utility that is eligible to receive an insured or direct loan under such Act, shall be eligible for assistance under section 313B(a) of such Act in the same manner as a borrower under such Act. Sec. 709. (a) Except as otherwise specifically provided by law, not more than $20,000,000 in unobligated balances from appropriations made available for salaries and expenses in this Act for the Farm Service Agency shall remain available through September 30, 2024, for information technology expenses. (b) Except as otherwise specifically provided by law, not more than $20,000,000 in unobligated balances from appropriations made available for salaries and expenses in this Act for the Rural Development mission area shall remain available through September 30, 2024, for information technology expenses. Sec. 710. None of the funds appropriated or otherwise made available by this Act may be used for first-class travel by the employees of agencies funded by this Act in contravention of sections 301-10.122 through 301-10.124 of title 41, Code of Federal Regulations. Sec. 711. In the case of each program established or amended by the Agricultural Act of 2014 (Public Law 113-79) or by a successor to that Act, other than by title I or subtitle A of title III of such Act, or programs for which indefinite amounts were provided in that Act, that is authorized or required to be carried out using funds of the Commodity Credit Corporation-- (1) such funds shall be available for salaries and related administrative expenses, including technical assistance, associated with the implementation of the program, without regard to the limitation on the total amount of allotments and fund transfers contained in section 11 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714i); and (2) the use of such funds for such purpose shall not be considered to be a fund transfer or allotment for purposes of applying the limitation on the total amount of allotments and fund transfers contained in such section. Sec. 712. Of the funds made available by this Act, not more than $2,900,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and task forces of the Department of Agriculture, except for panels used to comply with negotiated rule makings and panels used to evaluate competitively awarded grants. Sec. 713. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. Sec. 714. Notwithstanding subsection (b) of section 14222 of Public Law 110-246 (7 U.S.C. 612c-6; in this section referred to as ``section 14222''), none of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to carry out a program under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c; in this section referred to as ``section 32'') in excess of $1,483,309,000 (exclusive of carryover appropriations from prior fiscal years), as follows: Child Nutrition Programs Entitlement Commodities--$485,000,000; State Option Contracts--$5,000,000; Removal of Defective Commodities--$2,500,000; Administration of section 32 Commodity Purchases--$37,178,000: Provided, That, of the total funds made available in the matter preceding this proviso that remain unobligated on October 1, 2023, such unobligated balances shall carryover into fiscal year 2024 and shall remain available until expended for any of the purposes of section 32, except that any such carryover funds used in accordance with clause (3) of section 32 may not exceed $350,000,000 and may not be obligated until the Secretary of Agriculture provides written notification of the expenditures to the Committees on Appropriations of both Houses of Congress at least two weeks in advance: Provided further, That, with the exception of any available carryover funds authorized in any prior appropriations Act to be used for the purposes of clause (3) of section 32, none of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries or expenses of any employee of the Department of Agriculture to carry out clause (3) of section 32. Sec. 715. None of the funds appropriated by this or any other Act shall be used to pay the salaries and expenses of personnel who prepare or submit appropriations language as part of the President's budget submission to the Congress for programs under the jurisdiction of the Appropriations Subcommittees on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies that assumes revenues or reflects a reduction from the previous year due to user fees proposals that have not been enacted into law prior to the submission of the budget unless such budget submission identifies which additional spending reductions should occur in the event the user fees proposals are not enacted prior to the date of the convening of a committee of conference for the fiscal year 2024 appropriations Act. Sec. 716. (a) None of the funds provided by this Act, or provided by previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming, transfer of funds, or reimbursements as authorized by the Economy Act, or in the case of the Department of Agriculture, through use of the authority provided by section 702(b) of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89-106 (7 U.S.C. 2263), that-- (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes offices, programs, or activities; or (6) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Secretary of Agriculture, the Secretary of Health and Human Services, or the Chairman of the Commodity Futures Trading Commission (as the case may be) notifies in writing and receives approval from the Committees on Appropriations of both Houses of Congress at least 30 days in advance of the reprogramming of such funds or the use of such authority. (b) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming or use of the authorities referred to in subsection (a) involving funds in excess of $500,000 or 10 percent, whichever is less, that-- (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Secretary of Agriculture, the Secretary of Health and Human Services, or the Chairman of the Commodity Futures Trading Commission (as the case may be) notifies in writing and receives approval from the Committees on Appropriations of both Houses of Congress at least 30 days in advance of the reprogramming or transfer of such funds or the use of such authority. (c) The Secretary of Agriculture, the Secretary of Health and Human Services, or the Chairman of the Commodity Futures Trading Commission shall notify in writing and receive approval from the Committees on Appropriations of both Houses of Congress before implementing any program or activity not carried out during the previous fiscal year unless the program or activity is funded by this Act or specifically funded by any other Act. (d) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for-- (1) modifying major capital investments funding levels, including information technology systems, that involves increasing or decreasing funds in the current fiscal year for the individual investment in excess of $500,000 or 10 percent of the total cost, whichever is less; (2) realigning or reorganizing new, current, or vacant positions or agency activities or functions to establish a center, office, branch, or similar entity with five or more personnel; or (3) carrying out activities or functions that were not described in the budget request; unless the agencies funded by this Act notify, in writing, the Committees on Appropriations of both Houses of Congress at least 30 days in advance of using the funds for these purposes. (e) As described in this section, no funds may be used for any activities unless the Secretary of Agriculture, the Secretary of Health and Human Services, or the Chairman of the Commodity Futures Trading Commission receives from the Committee on Appropriations of both Houses of Congress written or electronic mail confirmation of receipt of the notification as required in this section. Sec. 717. Notwithstanding section 310B(g)(5) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the Secretary may assess a one-time fee for any guaranteed business and industry loan in an amount that does not exceed 3 percent of the guaranteed principal portion of the loan. Sec. 718. None of the funds appropriated or otherwise made available to the Department of Agriculture, the Food and Drug Administration, the Commodity Futures Trading Commission, or the Farm Credit Administration shall be used to transmit or otherwise make available reports, questions, or responses to questions that are a result of information requested for the appropriations hearing process to any non-Department of Agriculture, non-Department of Health and Human Services, non-Commodity Futures Trading Commission, or non-Farm Credit Administration employee. Sec. 719. Unless otherwise authorized by existing law, none of the funds provided in this Act, may be used by an executive branch agency to produce any prepackaged news story intended for broadcast or distribution in the United States unless the story includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared or funded by that executive branch agency. Sec. 720. No employee of the Department of Agriculture may be detailed or assigned from an agency or office funded by this Act or any other Act to any other agency or office of the Department for more than 60 days in a fiscal year unless the individual's employing agency or office is fully reimbursed by the receiving agency or office for the salary and expenses of the employee for the period of assignment. Sec. 721. Not later than 30 days after the date of enactment of this Act, the Secretary of Agriculture, the Commissioner of the Food and Drug Administration, the Chairman of the Commodity Futures Trading Commission, and the Chairman of the Farm Credit Administration shall submit to the Committees on Appropriations of both Houses of Congress a detailed spending plan by program, project, and activity for all the funds made available under this Act including appropriated user fees, as defined in the report accompanying this Act. Sec. 722. None of the funds made available by this Act may be used to propose, promulgate, or implement any rule, or take any other action with respect to, allowing or requiring information intended for a prescribing health care professional, in the case of a drug or biological product subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such professional electronically (in lieu of in paper form) unless and until a Federal law is enacted to allow or require such distribution. Sec. 723. For the purposes of determining eligibility or level of program assistance for Rural Development programs the Secretary shall not include incarcerated prison populations. Sec. 724. For loans and loan guarantees that do not require budget authority and the program level has been established in this Act, the Secretary of Agriculture may increase the program level for such loans and loan guarantees by not more than 25 percent: Provided, That prior to the Secretary implementing such an increase, the Secretary notifies, in writing, the Committees on Appropriations of both Houses of Congress at least 15 days in advance. Sec. 725. None of the credit card refunds or rebates transferred to the Working Capital Fund pursuant to section 729 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2002 (7 U.S.C. 2235a; Public Law 107-76) shall be available for obligation without written notification to, and the prior approval of, the Committees on Appropriations of both Houses of Congress: Provided, That the refunds or rebates so transferred shall be available for obligation only for the acquisition of property, plant and equipment, including equipment for the improvement, delivery, and implementation of Departmental financial management, information technology, and other support systems necessary for the delivery of financial, administrative, and information technology services, including cloud adoption and migration, of primary benefit to the agencies of the Department of Agriculture. Sec. 726. None of the funds made available by this Act may be used to implement, administer, or enforce the ``variety'' requirements of the final rule entitled ``Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program (SNAP)'' published by the Department of Agriculture in the Federal Register on December 15, 2016 (81 Fed. Reg. 90675) until the Secretary of Agriculture amends the definition of the term ``variety'' as defined in section 278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations, and ``variety'' as applied in the definition of the term ``staple food'' as defined in section 271.2 of title 7, Code of Federal Regulations, to increase the number of items that qualify as acceptable varieties in each staple food category so that the total number of such items in each staple food category exceeds the number of such items in each staple food category included in the final rule as published on December 15, 2016: Provided, That until the Secretary promulgates such regulatory amendments, the Secretary shall apply the requirements regarding acceptable varieties and breadth of stock to Supplemental Nutrition Assistance Program retailers that were in effect on the day before the date of the enactment of the Agricultural Act of 2014 (Public Law 113-79). Sec. 727. In carrying out subsection (h) of section 502 of the Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture shall have the same authority with respect to loans guaranteed under such section and eligible lenders for such loans as the Secretary has under subsections (h) and (j) of section 538 of such Act (42 U.S.C. 1490p-2) with respect to loans guaranteed under such section 538 and eligible lenders for such loans. Sec. 728. None of the funds appropriated or otherwise made available by this Act shall be available for the United States Department of Agriculture to propose, finalize or implement any regulation that would promulgate new user fees pursuant to 31 U.S.C. 9701 after the date of the enactment of this Act. Sec. 729. For fiscal year 2023, the Secretary shall establish a process under which an establishment in the Chesapeake Bay area that is subject to examination and inspection under section 6 of the Federal Meat Inspection Act solely due to the establishment's processing of domestic, wild caught, invasive blue catfish (Ictalurus furcatus), may apply for a waiver of such examination and inspection requirements if the establishment is subject to inspection under the Seafood Hazard Analysis Critical Control Points Program of the Food and Drug Administration and the establishment attests that it applies existing Seafood Hazard Critical Control Points Program for all species processed at the establishment. Sec. 730. Notwithstanding any provision of law that regulates the calculation and payment of overtime and holiday pay for FSIS inspectors, the Secretary may charge establishments subject to the inspection requirements of the Poultry Products Inspection Act, 21 U.S.C. 451 et seq., the Federal Meat Inspection Act, 21 U.S.C. 601 et seq, and the Egg Products Inspection Act, 21 U.S.C. 1031 et seq., for the cost of inspection services provided outside of an establishment's approved inspection shifts, and for inspection services provided on Federal holidays: Provided, That any sums charged pursuant to this paragraph shall be deemed as overtime pay or holiday pay under section 1001(d) of the American Rescue Plan Act of 2021 (Public Law 117-2, 135 Stat. 242): Provided further, That sums received by the Secretary under this paragraph shall, in addition to other available funds, remain available until expended to the Secretary without further appropriation for the purpose of funding all costs associated with FSIS inspections. Sec. 731. (a) The Secretary of Agriculture shall-- (1) conduct audits in a manner that evaluates the following factors in the country or region being audited, as applicable-- (A) veterinary control and oversight; (B) disease history and vaccination practices; (C) livestock demographics and traceability; (D) epidemiological separation from potential sources of infection; (E) surveillance practices; (F) diagnostic laboratory capabilities; and (G) emergency preparedness and response; and (2) promptly make publicly available the final reports of any audits or reviews conducted pursuant to subsection (1). (b) This section shall be applied in a manner consistent with United States obligations under its international trade agreements. Sec. 732. None of the funds made available by this Act may be used to implement section 3.7(f) of the Farm Credit Act of 1971 in a manner inconsistent with section 343(a)(13) of the Consolidated Farm and Rural Development Act. Sec. 733. In this fiscal year and thereafter, and notwithstanding any other provision of law, none of the funds made available by this Act may be used to carry out any activities or incur any expense related to the issuance of licenses under section 3 of the Animal Welfare Act (7 U.S.C. 2133), or the renewal of such licenses, to class B dealers who sell Random Source dogs and cats for use in research, experiments, teaching, or testing. Sec. 734. (a)(1) No Federal funds made available for this fiscal year for the rural water, waste water, waste disposal, and solid waste management programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926 et seq.) shall be used for a project for the construction, alteration, maintenance, or repair of a public water or wastewater system unless all of the iron and steel products used in the project are produced in the United States. (2) In this section, the term ``iron and steel products'' means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. (b) Subsection (a) shall not apply in any case or category of cases in which the Secretary of Agriculture (in this section referred to as the ``Secretary'') or the designee of the Secretary finds that-- (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the Secretary or the designee receives a request for a waiver under this section, the Secretary or the designee shall make available to the public on an informal basis a copy of the request and information available to the Secretary or the designee concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Secretary or the designee shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Department. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. (e) The Secretary may retain up to 0.25 percent of the funds appropriated in this Act for ``Rural Utilities Service--Rural Water and Waste Disposal Program Account'' for carrying out the provisions described in subsection (a)(1) for management and oversight of the requirements of this section. (f) Subsection (a) shall not apply with respect to a project for which the engineering plans and specifications include use of iron and steel products otherwise prohibited by such subsection if the plans and specifications have received required approvals from State agencies prior to the date of enactment of this Act. (g) For purposes of this section, the terms ``United States'' and ``State'' shall include each of the several States, the District of Columbia, and each Federally recognized Indian Tribe. Sec. 735. None of the funds appropriated by this Act may be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913. Sec. 736. Of the total amounts made available by this Act for direct loans and grants under the following headings: ``Rural Housing Service--Rural Housing Insurance Fund Program Account''; ``Rural Housing Service--Mutual and Self-Help Housing Grants''; ``Rural Housing Service--Rural Housing Assistance Grants''; ``Rural Housing Service-- Rural Community Facilities Program Account''; ``Rural Business- Cooperative Service--Rural Business Program Account''; ``Rural Business-Cooperative Service--Rural Economic Development Loans Program Account''; ``Rural Business-Cooperative Service--Rural Cooperative Development Grants''; ``Rural Business-Cooperative Service--Rural Microentrepreneur Assistance Program''; ``Rural Utilities Service-- Rural Water and Waste Disposal Program Account''; ``Rural Utilities Service--Rural Electrification and Telecommunications Loans Program Account''; and ``Rural Utilities Service--Distance Learning, Telemedicine, and Broadband Program'', to the maximum extent feasible, at least 10 percent of the funds shall be allocated for assistance in persistent poverty counties under this section, including, notwithstanding any other provision regarding population limits, any county seat of such a persistent poverty county that has a population that does not exceed the authorized population limit by more than 10 percent: Provided, That for purposes of this section, the term ``persistent poverty counties'' means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses, and 2007- 2011 American Community Survey 5-year average, or any territory or possession of the United States: Provided further, That with respect to specific activities for which program levels have been made available by this Act that are not supported by budget authority, the requirements of this section shall be applied to such program level. Sec. 737. None of the funds made available by this Act may be used to notify a sponsor or otherwise acknowledge receipt of a submission for an exemption for investigational use of a drug or biological product under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) or section 351(a)(3) of the Public Health Service Act (42 U.S.C. 262(a)(3)) in research in which a human embryo is intentionally created or modified to include a heritable genetic modification. Any such submission shall be deemed to have not been received by the Secretary, and the exemption may not go into effect. Sec. 738. None of the funds made available by this or any other Act may be used to enforce the final rule promulgated by the Food and Drug Administration entitled ``Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption,'' and published on November 27, 2015, with respect to the regulation of entities that grow, harvest, pack, or hold wine grapes, hops, pulse crops, or almonds. Sec. 739. There is hereby appropriated $5,000,000, to remain available until September 30, 2024, for a pilot program for the National Institute of Food and Agriculture to provide grants to nonprofit organizations for programs and services to establish and enhance farming and ranching opportunities for military veterans. Sec. 740. For school years 2022-2023 and 2023-2024, none of the funds made available by this Act may be used to implement or enforce the matter following the first comma in the second sentence of footnote (c) of section 220.8(c) of title 7, Code of Federal Regulations, with respect to the substitution of vegetables for fruits under the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). Sec. 741. None of the funds made available by this Act or any other Act may be used-- (1) in contravention of section 7606 of the Agricultural Act of 2014 (7 U.S.C. 5940), subtitle G of the Agricultural Marketing Act of 1946, or section 10114 of the Agriculture Improvement Act of 2018; or (2) to prohibit the transportation, processing, sale, or use of hemp, or seeds of such plant, that is grown or cultivated in accordance with section 7606 of the Agricultural Act of 2014 or Subtitle G of the Agricultural Marketing Act of 1946, within or outside the State in which the hemp is grown or cultivated. Sec. 742. There is hereby appropriated $3,000,000, to remain available until expended, for grants under section 12502 of Public Law 115-334. Sec. 743. There is hereby appropriated $1,000,000 to carry out section 3307 of Public Law 115-334. Sec. 744. The Secretary of Agriculture may waive the matching funds requirement under section 412(g) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(g)). Sec. 745. There is hereby appropriated $2,000,000, to remain available until expended, for a pilot program for the Secretary to provide grants to qualified non-profit organizations and public housing authorities to provide technical assistance, including financial and legal services, to RHS multi-family housing borrowers to facilitate the acquisition of RHS multi-family housing properties in areas where the Secretary determines a risk of loss of affordable housing, by non- profit housing organizations and public housing authorities as authorized by law that commit to keep such properties in the RHS multi- family housing program for a period of time as determined by the Secretary. Sec. 746. There is hereby appropriated $3,000,000, to carry out section 4208 of Public Law 115-334, including for project locations in additional regions and timely completion of required reporting to Congress. Sec. 747. There is hereby appropriated $5,000,000 to carry out section 12301 of Public Law 115-334, Farming Opportunities Training and Outreach. Sec. 748. In response to an eligible community where the drinking water supplies are inadequate due to a natural disaster, as determined by the Secretary, including drought or severe weather, the Secretary may provide potable water through the Emergency Community Water Assistance Grant Program for an additional period of time not to exceed 120 days beyond the established period provided under the Program in order to protect public health. Sec. 749. Funds made available under title II of the Food for Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide assistance to recipient nations if adequate monitoring and controls, as determined by the Administrator, are in place to ensure that emergency food aid is received by the intended beneficiaries in areas affected by food shortages and not diverted for unauthorized or inappropriate purposes. Sec. 750. In this fiscal year and thereafter, and notwithstanding any other provision of law, ARS facilities as described in the ``Memorandum of Understanding Between the U.S. Department of Agriculture Animal and Plant Health Inspection Service (APHIS) and the U.S. Department of Agriculture Agricultural Research Service (ARS) Concerning Laboratory Animal Welfare'' (16-6100-0103-MU Revision 16-1) shall be inspected by APHIS for compliance with the Animal Welfare Act and its regulations and standards. Sec. 751. None of the funds made available by this Act may be used to procure raw or processed poultry products imported into the United States from the People's Republic of China for use in the school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), the Child and Adult Care Food Program under section 17 of such Act (42 U.S.C. 1766), the Summer Food Service Program for Children under section 13 of such Act (42 U.S.C. 1761), or the school breakfast program under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). Sec. 752. For school year 2023-2024, only a school food authority that had a negative balance in the nonprofit school food service account as of June 30, 2022, shall be required to establish a price for paid lunches in accordance with section 12(p) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(p)). Sec. 753. There is hereby appropriated $2,000,000, to remain available until expended, for the Secretary of Agriculture to carry out a pilot program that assists rural hospitals to improve long-term operations and financial health by providing technical assistance through analysis of current hospital management practices. Sec. 754. Any funds made available by this or any other Act that the Secretary withholds pursuant to section 1668(g)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5921(g)(2)), as amended, shall be available for grants for biotechnology risk assessment research: Provided, That the Secretary may transfer such funds among appropriations of the Department of Agriculture for purposes of making such grants. Sec. 755. Hereafter, none of the funds made available by this Act or any other Act, may be used to pay the salaries or expenses of personnel to implement any activities related to: (a) the permitting of non-recording of observed violations of the Animal Welfare Act or its regulations on official inspection reports; or (b) the prioritizing of education or collaborative approaches to violations or noncompliance ahead of enforcement under the Animal Welfare Act. Sec. 756. There is hereby appropriated $400,000 to carry out section 1672(g)(4)(B) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(g)(4(B)) as amended by section 7209 of Public Law 115-334. Sec. 757. For necessary expenses associated with cotton classing activities pursuant to 7 U.S.C. 55, to include equipment and facility upgrades, and in addition to any other funds made available for this purpose, there is appropriated $4,000,000, to remain available until September 30, 2024: Provided, That amounts made available in this section shall be treated as funds collected by fees authorized under Mar. 4, 1923, ch. 288, Sec. 5, 42 Stat. 1518, as amended (7 U.S.C. 55). Sec. 758. Notwithstanding any other provision of law, no funds available to the Department of Agriculture may be used to move any staff office or any agency from the mission area in which it was located on August 1, 2018, to any other mission area or office within the Department in the absence of the enactment of specific legislation affirming such move. Sec. 759. The Secretary, acting through the Chief of the Natural Resources Conservation Service, may use funds appropriated under this Act or any other Act for the Watershed and Flood Prevention Operations Program and the Watershed Rehabilitation Program carried out pursuant to the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.), and for the Emergency Watershed Protection Program carried out pursuant to section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) to provide technical services for such programs pursuant to section 1252(a)(1) of the Food Security Act of 1985 (16 U.S.C. 3851(a)(1)), notwithstanding subsection (c) of such section. Sec. 760. In administering the pilot program established by section 779 of division A of the Consolidated Appropriations Act, 2018 (Public Law 115-141), the Secretary of Agriculture may, for purposes of determining entities eligible to receive assistance, consider those communities which are ``Areas Rural in Character'': Provided, That not more than 10 percent of the funds made available under the heading ``Distance Learning, Telemedicine, and Broadband Program'' for the purposes of the pilot program established by section 779 of Public Law 115-141 may be used for this purpose. Sec. 761. There is hereby appropriated $29,700,000 for the Goodfellow Federal facility, to remain available until expended, which shall be transferred to and merged with the appropriation for ``Food Safety and Inspection Service''. Sec. 762. Hereafter, none of the funds made available by this Act or any other Act may be used to pay the salaries or expenses of personnel-- (1) to inspect horses under section 3 of the Federal Meat Inspection Act (21 U.S.C. 603); (2) to inspect horses under section 903 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 note; Public Law 104-127); or (3) to implement or enforce section 352.19 of title 9, Code of Federal Regulations (or a successor regulation). Sec. 763. There is appropriated to the Department of Agriculture, for an additional amount for ``Agricultural Programs--Processing, Research, and Marketing--Office of the Secretary'', $5,000,000, which shall remain available until expended, for necessary expenses, under such terms and conditions determined by the Secretary, related to testing soil, water, or agricultural products for per- and polyfluoroalkyl substances (PFAS) at the request of an agricultural producer, assisting agricultural producers affected by PFAS contamination with costs related to mitigate the impacts to their operation that have resulted from such contamination and indemnifying agricultural producers for the value of unmarketable crops, livestock, and other agricultural products related to PFAS contamination: Provided, That the Secretary shall prioritize such assistance to agricultural producers in states and territories that have established a tolerance threshold for PFAS in a food or agricultural product: Provided further, That, not later than 90 days after the end of fiscal year 2023, the Secretary shall submit a report to the Congress specifying the type, amount, and method of such assistance by state and territory and the status of the amounts obligated and plans for further expenditure, and include improvements that can be made to U.S. Department of Agriculture programs, either administratively or legislatively, to increase support for agricultural producers impacted by PFAS contamination and to enhance scientific knowledge on PFAS uptake in crops and livestock and PFAS mitigation and remediation methods and disseminate such knowledge to agricultural producers. Sec. 764. Any future compliance date for any provision of the Food and Drug Administration's final rule entitled ``Milk and Cream Products and Yogurt Products; Final Rule To Revoke the Standards for Lowfat Yogurt and Nonfat Yogurt and To Amend the Standard for Yogurt'' (86 Fed. Reg. 31117, June 11, 2021) for which the agency is exercising enforcement discretion or that is stayed as a result of objections timely filed under 21 U.S.C. 371(e)(2), shall be established no earlier than January 1 of the year that is three years after either: (a) Final action upon such objection(s) is taken by the Secretary of Health and Human Services; or (b) The party withdraws such objection(s). Sec. 765. In addition to the amount of reimbursement for administrative and operating expenses available for crop insurance contracts described in subsection (a)(2)(F) of section III of the 2023 Standard Reinsurance Agreement (SRA) that cover agricultural commodities described in section 101 of title I of the Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note), there is hereby appropriated $50,000,000, to remain available until expended, to pay, with respect to such contracts for the 2021 reinsurance year, an amount that is equal to the difference between the amount to be paid pursuant to the SRA for the applicable reinsurance year and the amount that would be paid if such contracts were not subject to a reduction described in subsection (a)(2)(G) of section III of the SRA but subject to a reimbursement rate equal to 17.5 percent of the net book premium. Sec. 766. There is appropriated to the Department of Agriculture, for an additional amount for ``Agricultural Programs--Processing, Research, and Marketing--Office of the Secretary'', $10,000,000, which shall remain available until expended, for necessary expenses to address assistance for disasters occurring in calendar year 2022. Sec. 767. In addition to amounts otherwise available, there is appropriated to the Secretary of Agriculture $50,000,000, to remain available until September 30, 2023, to provide relief payments for frontline grocery workers through the Farmworker and Food Worker Relief Grant Program of the Agricultural Marketing Service. Sec. 768. None of the funds made available by this Act may be used to review or approve an application under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) or section 351(a)(3) of the Public Health Service Act (42 U.S.C. 262(a)(3)) that is submitted by a sponsor located in Russia, unless such application is for a drug that is intended to treat a serious or life-threatening condition and for which there is an unmet medical treatment need. Sec. 769. The Secretary of Agriculture shall take such actions as may be necessary to prohibit the purchase of agricultural land located in the United States by companies owned, in full or in part, by the People's Republic of China, Russia, North Korea, or Iran. This Act may be cited as the ``Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2023''. Union Calendar No. 300 117th CONGRESS 2d Session H. R. 8239 [Report No. 117-392] _______________________________________________________________________

Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2023

Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2023, and for other purposes.

Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2023 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2023

Rep. Bishop, Sanford D., Jr.

D

GA

H.R.2986

Public Lands and Natural Resources

End Speculative Oil and Gas Leasing Act of 2021 This bill specifies requirements for the leasing of oil and gas resources on federal lands. The Bureau of Land Management (BLM), with respect to certain federal land that is covered by a reasonably foreseeable development scenario (i.e., a long-term projection of oil and gas development) shall not offer the land for lease until such scenario includes an assessment of the land's oil and gas potential that specifically identifies the potential for all acres subject to decisions on availability for leasing. If certain federal land that is otherwise available for leasing of oil and gas resources is not covered by a reasonably foreseeable development scenario, the BLM shall complete such a scenario in accordance with the requirements and factors described in this bill. In general, the BLM shall not offer for lease certain federal land otherwise available for leasing of oil and gas resources if such land is designated in the applicable reasonably foreseeable development scenario as having low or no potential for the development of oil or gas resources. However, the bill provides for a variance process. With respect to each of these requirements, exceptions apply for federal land that is leased for the purpose of preventing oil or gas drainage or that meets specified requirements related to size and proximity to an oil- or gas-producing well.

To discourage speculative oil and gas leasing and to promote enhanced multiple use management of public land and National Forest System land, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``End Speculative Oil and Gas Leasing Act of 2021''. SEC. 2. FINDINGS. Congress finds that-- (1) Federal land should be managed for multiple uses, resources, and values, including recreation use, grazing use, timber resources, mineral resources, watershed management, wildlife and fish habitat, and natural, scenic, scientific, and historic values; (2) section 17(a) of the Mineral Leasing Act (30 U.S.C. 226(a)) authorizes the Secretary of the Interior to offer for lease only land that is ``known or believed to contain oil or gas deposits''; (3)(A) in determining whether a parcel of Federal land should be made available for oil and gas leasing and development, and in offering such a parcel for sale, the Secretary does not meaningfully take into consideration the oil and gas development potential of that parcel; and (B) as a result, the Secretary regularly offers and leases for oil and gas development Federal land that has no or low potential for the development of oil and gas resources (referred to in this section as ``no- or low-potential Federal land''); (4)(A) no- or low-potential Federal land is frequently leased for or near the minimum lease bid, or noncompetitively, and rarely produce oil or gas resources; and (B) as a result, taxpayers in the United States receive minimal revenue from the leasing of no- or low-potential Federal land; (5) making no- or low-potential Federal land available for oil and gas leasing can result in leases being obtained for speculative purposes; (6) the Secretary wastes taxpayer resources in issuing and managing leases on no- or low-potential Federal land; (7) no- or low-potential Federal land frequently supports other economically important uses, resources, and values including the uses, resources, and values described in paragraph (1); (8) the existence of leases on no- and low-potential Federal land can and does limit the ability of the Secretary to support and enhance the uses, resources, and values described in paragraph (1); and (9) meaningful public participation in leasing decisions is essential and can help to ensure that the decisions of the Secretary are well-informed and based on current and reliable information and data. SEC. 3. POLICY. In accordance with Federal multiple use land management goals, it is the policy of the United States that-- (1) the Secretary-- (A) shall not, absent exceptional circumstances, offer for lease any Federal land that has low or no potential for the development of oil and gas resources; (B) shall discourage speculation in the Federal onshore oil and gas leasing program; and (C) by not offering for lease Federal land described in subparagraph (A), shall conserve limited Federal resources that can be better applied elsewhere; and (2) the policies described in paragraph (1) are in keeping with, and are not detrimental to, the energy security of the United States. SEC. 4. DEFINITIONS. In this Act: (1) Drainage.--The term ``drainage'' means the migration of hydrocarbons, inert gases (other than helium), or associated resources from a well caused by production from another well. (2) Federal land.--The term ``Federal land'' means-- (A) public land; and (B) National Forest System land. (3) Land use plan.--The term ``land use plan'' means-- (A) a land use plan required under sections 201 and 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711, 1712), including any resource management plan (as defined in section 1601.0-5 of title 43, Code of Federal Regulations (or successor regulations)); and (B) a land and resource management plan developed by the Secretary of Agriculture pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604). (4) Public land.--The term ``public land'' has the meaning given the term ``public lands'' in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). (5) Reasonably foreseeable development scenario.--The term ``reasonably foreseeable development scenario'' has the meaning given the term in the handbook of the Bureau of Land Management entitled ``H--1624-1--Planning for Fluid Mineral Resources'' (as in effect on the date of enactment of this Act) and issued pursuant to the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the Bureau of Land Management. SEC. 5. FEDERAL LAND COVERED BY REASONABLY FORESEEABLE DEVELOPMENT SCENARIO ISSUED BEFORE DATE OF ENACTMENT. (a) In General.--With respect to Federal land otherwise available for leasing of oil and gas resources pursuant to the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.) that is covered by a reasonably foreseeable development scenario issued before the date of enactment of this Act, except as provided in subsection (b), the Secretary shall not offer the Federal land for lease unless the reasonably foreseeable development scenario for that land includes an assessment of the oil and gas development potential of that land that specifically identifies the potential for all acres subject to decisions on availability for leasing. (b) Exception for Drainage.-- (1) In general.--The Secretary may offer for lease any Federal land described in subsection (a) without meeting the requirements of that subsection if-- (A)(i) the Federal land is adjacent to land currently producing oil or gas; and (ii) the lease is issued for the purpose of preventing drainage from the adjacent land; or (B) the Federal land-- (i) does not exceed 640 acres; and (ii) is located within 1 mile of a well producing oil or gas in paying quantities on the date on which the Federal land is offered for leasing. (2) Requirement.--A lease issued under paragraph (1) shall be consistent with the applicable land use plan and all other applicable law. SEC. 6. FEDERAL LAND NOT COVERED BY CURRENT REASONABLY FORESEEABLE DEVELOPMENT SCENARIO. (a) In General.-- (1) In general.--Except as provided in subsection (c), if the Secretary determines that Federal land otherwise available for leasing of oil and gas resources pursuant to the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.) is not covered by a reasonably foreseeable development scenario issued in accordance with this subsection or section 5(a), the Secretary, in cooperation with the Secretary of Agriculture with respect to National Forest System land, shall complete such a reasonably foreseeable development scenario. (2) Requirements.--Any reasonably foreseeable development scenario issued on or after the date of enactment of this Act shall, at a minimum-- (A) assess and designate all Federal land covered by the reasonably foreseeable development scenario as having high, moderate, low, or no potential for development of oil and gas resources; and (B) publish a map depicting the covered Federal land and the development potential for that Federal land designated under subparagraph (A). (3) Factors.-- (A) In general.--In completing a reasonably foreseeable development scenario for Federal land, the Secretary shall take into consideration-- (i) past and present exploration and development activity in the vicinity, including historic trends; (ii) for each lease in the vicinity, the number, location, and types of wells drilled, the representative depth of wells drilled, the number and location of dry holes, the success ratio for wells drilled, and the location, production history, and life expectancy of producing fields; (iii) geological, geophysical, and geochemical information for the Federal land, including data and information from the United States Geological Survey, the Department of Energy, State agencies, industry, professional societies, academic sources, and the public; (iv) structural and stratigraphic data and information relating to basins, fields, and plays on the Federal land; and (v) data and information on the likelihood that economically recoverable oil and gas resources are present in a given area, including information submitted by experts and the public. (B) Explanation of factors.--The Secretary shall document how each factor described in subparagraph (A) and any other factors considered by the Secretary support the designation of the potential for development of oil and gas resources on the Federal land. (4) Opportunity for public participation.--In carrying out a reasonably foreseeable development scenario under this subsection, the Secretary shall-- (A) notify the public that the reasonably foreseeable development scenario is being initiated; (B) publish a request for information for the reasonably foreseeable development scenario; (C) release a draft version of the reasonably foreseeable development scenario for a public review and comment for a period of not less than 60 days; and (D) consider and respond to public comments in the final version of the reasonably foreseeable development scenario. (b) Regular Update.-- (1) In general.--Not later than 15 years after the date of enactment of this Act, and not less frequently than every 15 years thereafter, the Secretary, consistent with subsection (a) and in cooperation with the Secretary of Agriculture with respect to National Forest System land, shall review and update all reasonably foreseeable development scenarios covering Federal land. (2) Prohibition.--Except as provided in subsection (c), the Secretary shall not offer for lease any Federal land otherwise available for leasing of oil and gas resources pursuant to the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.) unless the Secretary has updated the reasonably foreseeable development scenario covering that Federal land in accordance with paragraph (1). (c) Exception for Drainage.-- (1) In general.--The Secretary may offer for lease any Federal land otherwise available for leasing of oil and gas resources pursuant to the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.) without completing or updating a reasonably foreseeable development scenario for that land under subsection (a) or (b), as applicable, if-- (A)(i) the Federal land is adjacent to land currently producing oil or gas; and (ii) the lease is issued for the purpose of preventing drainage from the adjacent land; or (B) the Federal land-- (i) does not exceed 640 acres; and (ii) is located within 1 mile of a well producing oil or gas in paying quantities on the date on which the Federal land is offered for leasing. (2) Requirement.--A lease issued under paragraph (1) shall be consistent with the applicable land use plan and all other applicable law. SEC. 7. LAND HAVING NO OR LOW DEVELOPMENT POTENTIAL UNDER A REASONABLY FORESEEABLE DEVELOPMENT SCENARIO. (a) In General.--Except as provided in subsections (b) and (c), the Secretary shall not offer for lease any Federal land otherwise available for leasing of oil and gas resources pursuant to the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.) if the Federal land is designated in the applicable reasonably foreseeable development scenario as having low or no potential for development of oil or gas resources. (b) Exception for Drainage.-- (1) In general.--The Secretary may offer for lease any Federal land described in subsection (a) if-- (A)(i) the Federal land is adjacent to land currently producing oil or gas; and (ii) the lease is issued for the purpose of preventing drainage from the adjacent land; or (B) the Federal land-- (i) does not exceed 640 acres; and (ii) is located within 1 mile of a well producing oil or gas in paying quantities on the date on which the Federal land is offered for leasing. (2) Requirement.--A lease issued under paragraph (1) shall be consistent with the applicable land use plan and all other applicable law. (c) Variance Process.-- (1) In general.--An entity seeking to lease Federal land described in subsection (a) for purposes other than the purpose described in subsection (b)(1)(A)(ii) may submit to the Secretary an application for a variance under which the applicant shall bear the full burden of establishing and documenting that providing a variance for the Federal land would-- (A) be consistent with decisions contained in the land use plan in effect for the Federal land; (B) affect only areas-- (i) with low wildlife, recreation, livestock, and other multiple-use resource values; and (ii) where impacts to those values arising from the variance can be resolved; (C) optimize the use of existing infrastructure and avoid duplication of infrastructure and disruption of public land; (D) minimize adverse impacts on fish and wildlife habitats and migration and movement corridors in nearby areas; (E) cause no significant effects on species listed as endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or the habitats of those species; (F) cause no cumulative impacts on air or water resources of concern that cannot be avoided or minimized; (G) cause no adverse impacts on-- (i) units of the National Park System; (ii) units of the National Wildlife Refuge System; (iii) areas of critical environmental concern; (iv) components of the National Wilderness Preservation System; or (v) other special status areas, including State and local parks and wildlife and recreation areas; and (H) allow the Federal land to be developed in the public interest. (2) Opportunity for public participation.-- (A) In general.--On receipt of an application for a variance under paragraph (1), the Secretary shall-- (i) promptly notify the public that the application has been received; and (ii) provide the public with an opportunity to review and comment on the application, including any supporting documents, for a period of not less than 60 days. (B) Response.--The Secretary shall consider and respond in writing to any public comments received under subparagraph (A)(ii) before making a determination under paragraph (3)(A). (3) Granting of variance.--The Secretary may grant a variance for Federal land described in subsection (a) pursuant to an application submitted under paragraph (1), and offer that Federal land for lease, if-- (A) the Secretary publishes in the Federal Register a determination that-- (i) the applicant met the burden of establishing and documenting that the variance would meet the requirements described in paragraph (1); (ii) offering the Federal land for lease-- (I) would not preclude the use of the Federal land for other uses, including grazing, fish and wildlife, and recreation uses; and (II) would be managed in accordance with the principles of multiple use (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)); and (iii) the variance is in the public interest; and (B) the Federal land-- (i) is adjacent to land currently producing oil or gas in commercial quantities on the date on which the variance is granted; and (ii) does not exceed 640 acres. (4) Requirement.--A lease issued under paragraph (3) shall be consistent with the applicable land use plan and all other applicable law. (5) Limitation.--The Secretary shall not grant more than 1 variance under this subsection per 5-year period to an applicant or to an entity under common ownership or control with the applicant. SEC. 8. EFFECT. (a) Multiple Use Considerations.--Nothing in this Act, including a determination under a reasonably foreseeable development scenario issued pursuant to this Act that Federal land has high or moderate potential for development of oil and gas resources, alters-- (1) the requirements under section 202(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712(c)) that prior to offering for lease any public land otherwise available for leasing of oil and gas resources pursuant to the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.), the Secretary shall consider and weigh the multiple use and sustained yield values of the public land; (2) the requirements of subsections (b) and (e) of section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604) that prior to offering for lease any National Forest System land otherwise available for leasing of oil and gas resources pursuant to the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.), the Secretary of Agriculture shall consider and weigh the multiple use and sustained yield values of the National Forest System land; or (3) any other applicable requirements of law. (b) NEPA.--Nothing in this Act modifies, alters, or impacts the applicability of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to the leasing of Federal land by the Secretary. <all>

End Speculative Oil and Gas Leasing Act of 2021

To discourage speculative oil and gas leasing and to promote enhanced multiple use management of public land and National Forest System land, and for other purposes.

End Speculative Oil and Gas Leasing Act of 2021

Rep. Lee, Susie

D

NV

H.R.9350

Government Operations and Politics

This bill repeals the statute that prevents the people of American Samoa from approving amendments or modifications to the constitution of that territory.

To restore the ability of the people of American Samoa to approve amendments to the territorial constitution based on majority rule in a democratic act of self-determination, as authorized pursuant to an Act of Congress delegating administration of Federal territorial law in the territory to the President, and to the Secretary of the Interior under Executive Order 10264, dated June 29, 1951, under which the Constitution of American Samoa was approved and may be amended without requirement for further congressional action, subject to the authority of Congress under the Territorial Clause in article IV, section 3, clause 2 of the United States Constitution. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REMOVAL OF RESTRICTION ON AMENDMENTS TO OR MODIFICATIONS OF THE CONSTITUTION OF AMERICAN SAMOA. Section 12 of Public Law 98-213 (48 U.S.C. 1662a) is repealed. <all>

To restore ability of the people of American Samoa to approve amendments to the territorial constitution based on majority rule in a democratic act of self-determination, as authorized pursuant to Act of Congress delegating administration of Federal territorial law in the territory to the President, and to the Secretary of the Interior under Executive Order 10264, dated June 29, 1951, under which the Constitution of American Samoa was approved and may be amended without requirement for further Congressional action, subject to the authority of Congress under the Territorial Clause in article IV, section 3, clause 2 of the United States Constitution.

To restore ability of the people of American Samoa to approve amendments to the territorial constitution based on majority rule in a democratic act of self-determination, as authorized pursuant to Act of Congress delegating administration of Federal territorial law in the territory to the President, and to the Secretary of the Interior under Executive Order 10264, dated June 29, 1951, under which the Constitution of American Samoa was approved and may be amended without requirement for further Congressional action, subject to the authority of Congress under the Territorial Clause in article IV, section 3, clause 2 of the United States Constitution.

Official Titles - House of Representatives Official Title as Introduced To restore ability of the people of American Samoa to approve amendments to the territorial constitution based on majority rule in a democratic act of self-determination, as authorized pursuant to Act of Congress delegating administration of Federal territorial law in the territory to the President, and to the Secretary of the Interior under Executive Order 10264, dated June 29, 1951, under which the Constitution of American Samoa was approved and may be amended without requirement for further Congressional action, subject to the authority of Congress under the Territorial Clause in article IV, section 3, clause 2 of the United States Constitution.

Del. Radewagen, Aumua Amata Coleman

R

AS

H.R.7920

Law

Stealthing Act of 2022 This bill establishes a civil action for the nonconsensual removal of a sexual protection barrier (e.g., a condom). A person may recover compensatory and punitive damages, injunctive and declaratory relief, and such other relief as a court may deem appropriate.

To create a civil action for non-consensual sexual protection barrier removal, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stealthing Act of 2022''. SEC. 2. FINDINGS. Congress finds the following: (1) Stealthing is a type of sexual violence used to describe non-consensual condom removal during sex. (2) In October 2021, California became the first State to outlaw stealthing at the State level. This law creates a civil remedy so that victims of stealthing can sue for damages. (3) A 2019 study from Health Psychology reported that almost 10 percent of male participants reported engaging in non-consensual condom removal since the age of 14 years, with an average of 3.62 times and a range of 1-21 times. (4) A 2019 study from the Jacobs Institute of Women's Health found that 12 percent of women have experienced stealthing. (5) A 2018 Australian study from PLoS ONE found that one in three female respondents and one in five gay male respondents have experienced stealthing. (6) Stealthing is a grave violation of autonomy, dignity, and trust that is considered emotional and sexual abuse. (7) Stealthing exposes victims to physical risks including pregnancy and sexually transmitted diseases. (8) People engaging in sexual intercourse have the right to make decisions about whether to use a condom or other sexual protection barrier. SEC. 3. NON-CONSENSUAL SEXUAL PROTECTION BARRIER REMOVAL. (a) Civil Action.--Any person may commence a civil action against a person who, in a circumstance described in subsection (b), engages in non-consensual sexual protection barrier removal. (b) Circumstances Described.--For the purposes of subsection (a), the circumstances described in this subsection are that-- (1) the defendant traveled in interstate or foreign commerce, or traveled using a means, channel, facility, or instrumentality of interstate or foreign commerce, in furtherance of or in connection with the conduct described in subsection (a); (2) the defendant used a means, channel, facility, or instrumentality of interstate or foreign commerce in furtherance of or in connection with the conduct described in subsection (a); (3) a payment of any kind was made, directly or indirectly, in furtherance of or in connection with the conduct described in subsection (a) using any means, channel, facility, or instrumentality of interstate or foreign commerce or in or affecting interstate or foreign commerce; (4) the defendant transmitted in interstate or foreign commerce any communication relating to or in furtherance of the conduct described in subsection (a) using any means, channel, facility, or instrumentality of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means or in manner, including by computer, mail, wire, or electromagnetic transmission; (5) any sexual protection barrier described has traveled in interstate or foreign commerce and was used to perform the conduct described in subsection (a); (6) the conduct described in subsection (a) occurred within the special maritime and territorial jurisdiction of the United States, or any territory or possession of the United States; or (7) the conduct described in subsection (a) otherwise occurred in or affected interstate or foreign commerce. (c) Penalty.--A person bringing a civil action under subsection (a) may recover compensatory and punitive damages, injunctive and declaratory relief, and such other relief as a court may deem appropriate. (d) Definitions.--In this section: (1) Non-consensual sexual protection barrier removal.--The term ``non-consensual sexual protection barrier removal'' means removal of a sexual protection barrier from a body part, including the genitals, or an object being used by a person for sexual contact with another person without the consent of each person involved in such sexual contact, causing sexual contact between the body parts, including the genitals, or objects being used for sexual contact, and the body of any person engaged in such sexual contact. (2) Sexual protection barrier.--The term ``sexual protection barrier'' includes a condom, including an internal condom, a dental dam, or any other barrier against sexual fluids during sexual contact. <all>

Stealthing Act of 2022

To create a civil action for non-consensual sexual protection barrier removal, and for other purposes.

Stealthing Act of 2022

Rep. Maloney, Carolyn B.

D

NY

H.R.4180

Animals

Keeping Pets and Families Together Act This bill requires the Department of Agriculture to establish a grant program to support animal shelters, pounds, or humane societies implanting microchips into dogs and cats in their care before allowing the animals to be adopted, returned to their owners, or sold to dealers.

To amend the Animal Welfare Act to direct the Secretary of Agriculture to award grants to support the microchipping of dogs and cats in the care of animal shelters or similar establishments, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Keeping Pets and Families Together Act''. SEC. 2. GRANTS TO SUPPORT MICROCHIPPING OF DOGS AND CATS. Section 28 of the Animal Welfare Act (7 U.S.C. 2158) is amended by striking subsection (d) and inserting the following: ``(d) Grants To Support Microchipping of Dogs and Cats.--The Secretary shall establish a program under which the Secretary will award grants to entities described in subsection (a)(2) for purposes of supporting the capability of such entities to provide for microchipping of dogs and cats in their care before allowing such dogs or cats to be recovered by their original owner, adopted by other individuals, or sold to a dealer. ``(e) Regulations.--The Secretary shall promulgate regulations to carry out this section. Not later than 180 days after the date of the enactment of subsection (d), the Secretary shall promulgate regulations to carry out such subsection.''. <all>

Keeping Pets and Families Together Act

To amend the Animal Welfare Act to direct the Secretary of Agriculture to award grants to support the microchipping of dogs and cats in the care of animal shelters or similar establishments, and for other purposes.

Keeping Pets and Families Together Act

Rep. Lieu, Ted

D

CA

H.R.6950

Crime and Law Enforcement

No Gun Lists Act of 2022 This bill requires the Bureau of Alcohol, Tobacco, Firearms and Explosives to immediately eliminate its Enterprise Content Management Imaging Repository System. It also provides a private right of action for individuals aggrieved by a violation of this bill.

To require the Bureau of Alcohol, Tobacco, Firearms, and Explosives to eliminate its Enterprise Content Management Imaging Repository System, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``No Gun Lists Act of 2022''. SEC. 2. REQUIREMENT THAT THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES ELIMINATE ITS ENTERPRISE CONTENT MANAGEMENT IMAGING REPOSITORY SYSTEM. The Bureau of Alcohol, Tobacco, Firearms, and Explosives shall immediately eliminate its Enterprise Content Management Imaging Repository System, and shall not establish or maintain any system or database which contains information similar to the information in that system. SEC. 3. PRIVATE RIGHT OF ACTION. A person aggrieved by a violation of section 2 may bring an action against the United States in any Federal district court for damages and injunctive relief. The court shall award a plaintiff prevailing in the action such relief as the court deems appropriate, including reasonable attorneys' fees. SEC. 4. WAIVER OF SOVEREIGN IMMUNITY. The United States, all agencies and instrumentalities thereof, and all individuals, firms, corporations, other persons acting for the United States and with the authorization and consent of the United States, shall not be immune from suit in Federal or State court by any person, including any governmental or nongovernmental entity, for any violation of section 2. <all>

No Gun Lists Act of 2022

To require the Bureau of Alcohol, Tobacco, Firearms, and Explosives to eliminate its Enterprise Content Management Imaging Repository System, and for other purposes.

No Gun Lists Act of 2022

Rep. Gosar, Paul A.

R

AZ

S.1796

Armed Forces and National Security

PFAS Free Military Purchasing Act This bill prohibits the Department of Defense (DOD) from procuring or purchasing specified items (e.g., cleaning products) containing a perfluoroalkyl or polyfluoroalkyl substance, commonly referred to as PFAS. These substances are man-made and may have adverse human health effects. A variety of products contain the compounds, such as nonstick cookware or weatherproof clothing. DOD may not authorize the sale of any specified item containing PFAS on DOD property, such as commissaries or online exchange shops.

To prohibit procurement, purchasing, and sale by the Department of Defense of certain items containing perfluoroalkyl substances and polyfluoroalkyl substances. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``PFAS Free Military Purchasing Act''. SEC. 2. PROHIBITION ON PROCUREMENT, PURCHASING, AND SALE BY DEPARTMENT OF DEFENSE OF CERTAIN ITEMS CONTAINING PERFLUOROALKYL SUBSTANCES AND POLYFLUOROALKYL SUBSTANCES. (a) Prohibition on Procurement and Purchasing.--The Secretary of Defense may not procure or purchase any covered item containing a perfluoroalkyl substance or polyfluoroalkyl substance. (b) Prohibition on Sale.--The Secretary of Defense may not permit the sale of any covered item containing a perfluoroalkyl substance or polyfluoroalkyl substance on property under the jurisdiction of the Department of Defense. (c) Definitions.--In this section: (1) Covered item.--The term ``covered item'' means-- (A) non-stick cookware or food service ware for use in galleys or dining facilities; (B) food packaging materials; (C) floor waxes; (D) carpeting, rugs, curtains, or upholstered furniture; (E) personal care items; (F) dental floss or toothpaste; (G) sunscreen; (H) umbrellas, luggage, or bags; (I) ski wax; (J) car wax and car window treatments; (K) cleaning products; and (L) shoes and clothing for which treatment with a perfluoroalkyl substance or polyfluoroalkyl substance is not currently necessary for an essential function. (2) Perfluoroalkyl substance.--The term ``perfluoroalkyl substance'' means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (3) Polyfluoroalkyl substance.--The term ``polyfluoroalkyl substance'' means a man-made chemical containing at least one fully fluorinated carbon atom and at least one nonfluorinated carbon atom. (4) Property under the jurisdiction of the department of defense.--The term ``property under the jurisdiction of the Department of Defense'' includes commissaries, facilities operated by the Army and Air Force Exchange Service, the Navy Exchange Service Command, the Navy Resale and Services Support Office, Marine Corps exchanges, online exchange shops, and ships' stores. (d) Repeal of Superseded Authority.--Section 333 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) is repealed. (e) Effective Date.--This section and the amendment made by this section shall take effect on the date that is one year after the date of the enactment of this Act. <all>

PFAS Free Military Purchasing Act

A bill to prohibit procurement, purchasing, and sale by the Department of Defense of certain items containing perfluoroalkyl substances and polyfluoroalkyl substances.

PFAS Free Military Purchasing Act

Sen. Blumenthal, Richard

D

CT

S.2125

Education

Counseling Not Criminalization in Schools Act This bill prohibits the use of federal funds for law enforcement officers in schools. It also establishes a grant program to replace law enforcement officers in schools with personnel and services that support mental health and trauma-informed services. Specifically, the bill prohibits the use of federal funds to hire, maintain, or train law enforcement officers in elementary or secondary schools. Further, it prohibits the use of public safety and community policing grants for law enforcement officers in schools. Additionally, the bill directs the Department of Education to award grants to local educational agencies to (1) replace law enforcement officers in elementary and secondary schools with personnel and services that support mental health and trauma-informed services, and (2) reform school safety and disciplinary policies to reflect evidence-based practices that do not rely on the criminal justice system. A recipient must use grants funds to hire or train specified staff. The bill prohibits the use of grant funds for (1) establishing or enforcing zero-tolerance school discipline policies, (2) purchasing or installing surveillance equipment (e.g., metal detectors), or (3) arming teachers or other school personnel.

To divert Federal funding away from supporting the presence of police in schools and toward evidence-based and trauma informed services that address the needs of marginalized students and improve academic outcomes, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Counseling Not Criminalization in Schools Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Over the last 50 years, our Nation's schools have become sites for increased criminalization and surveillance of young people, particularly Black, Native American, and Latino students, immigrant students, students with disabilities, LGBTQ students, students experiencing homelessness, students involved in the foster care system, and other historically marginalized students. (2) Despite significant decreases in the rate of serious crimes and violence on school campuses over the past 20 years, improving upon already low rates, 67 percent of high school students, 45 percent of middle school students, and 19 percent of elementary school students attend a school with a police officer. (3) Since 1999, the Federal Government has invested more than $1,000,000,000 to subsidize the placement of police in schools, resulting in roughly 46,000 school resource officers patrolling the halls of elementary and secondary public schools across the Nation. (4) A growing body of research has not found any evidence that school resource officers make schools safer, and school resource officers have been shown to increase the likelihood that children will be arrested, often by the school resource officer while on campus. (5) Research has shown that schools with a designated law enforcement officer on duty arrested students at 5 times the rate of comparable schools without such an officer. (6) When police are present in schools, students of color face an increased risk of being assaulted by police. Student- recorded videos of police violence in schools regularly circulate through news channels, articles, and social media, exposing violence perpetrated by police within schoolhouse gates. (7) Black, Native American, and Latino students are more likely than their white peers to attend schools with police officers on campus and are more likely to be referred to law enforcement or arrested while in school. (8) Black students represent 31 percent of all school- related arrests, despite making up only 15 percent of all public school students, and are 3 times more likely to be suspended or expelled than white students. Native American and Pacific Islander and Native Hawaiian students are more than twice as likely to be arrested as white students. (9) Students with disabilities are more likely than their peers without disabilities to be referred to law enforcement or arrested. Students of color with disabilities are more likely to be referred to law enforcement than either their white peers with disabilities, or their peers of color without disabilities. These students are also disproportionately restrained and secluded in schools. Of the 87,000 students who were restrained during the 2015-2016 school year, 71 percent received special education services and 27 percent of students restrained were Black. (10) According to the Department of Education, while Black girls comprise only 16 percent of girls in elementary and secondary schools, they make up 42 percent of girls receiving the most severe forms of school discipline and severe punishment, such as corporal punishment, and represent 34 percent of girls arrested on campus. (11) Research shows that these racial disparities in discipline rates are not a result of differences in student behavior but instead reflect the ways in which students of color face more punitive discipline than their white peers for similar behavior. (12) Students who are LGBTQ often have intersecting marginalized identities and experience exclusionary discipline at disproportionate rates that make it more likely they will interact with the juvenile justice system than their non-LGBTQ peers. (13) Students who are suspended or expelled are nearly threefold more likely to be in contact with the juvenile justice system the following year. (14) According to the Federal Bureau of Investigation, more than 30,000 children under the age of 10 were arrested since 2013. On school campuses, more than 290,000 students were referred to law enforcement. The United States spends $240 daily, on average, per youth detained in juvenile facilities. (15) While schools should be sanctuaries for all students, reports have shown instances where school resource officers collect tips and disciplinary information from teachers and school administrators and share it with U.S. Immigration and Customs Enforcement agents to build deportation cases against students and their families. (16) School hardening, including the presence of school resource officers on campus, causes students to experience higher levels of fear, perpetuate the school to prison pipeline, and undermine the ability of schools and educators to build learning environments undergirded by mutual trust, respect, and safety. (17) Ninety percent of students are in public schools where the number of counselors, social workers, nurses, and psychologists do not meet recommended professional standards. Professional standards recommend at least 1 counselor and 1 social worker for every 250 students and at least 1 nurse and 1 psychologist for every 750 students and every 700 students, respectively. (18) 1,700,000 students attend schools with police but not 1 counselor. (19) 3,000,000 students attend schools with police but not 1 school nurse. (20) 6,000,000 students attend schools with police but no school psychologists. (21) 10,000,000 students attend schools with police but no social workers. SEC. 3. PURPOSE. It is the purpose of this Act to-- (1) address the needs of marginalized students, ensure schools are welcoming for students, and improve academic outcomes by eliminating Federal funding for maintaining the presence of covered law enforcement officers in schools and establishing a continuum of care and positive schoolwide systems of services that are evidence-based, inclusive, racially and gender responsive, and trauma informed; and (2) support local educational agencies that choose to terminate their contracts with local law enforcement agencies or, where applicable, dissolve or disband district-based police departments, and invest resources in personnel and services that create truly safe and inclusive schools for all students based on community engagement and deliberative consultation. SEC. 4. DEFINITIONS. In this Act: (1) ESEA terms.--The terms ``elementary school'', ``evidence-based'', ``local educational agency'', ``parent'', ``professional development'', ``school leader'', ``secondary school'', ``Secretary'', and ``specialized instructional support personnel'' have the meaning given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Covered program.--The term ``covered program'' means-- (A) all the operations of an elementary school, a secondary school, or a local educational agency; or (B) a program that serves children who receive services for which financial assistance is provided in accordance with the Head Start Act (42 U.S.C. 9831 et seq.). (3) Positive behavioral interventions and supports.--The term ``positive behavioral interventions and supports'' means-- (A) a schoolwide, systematic approach that embeds evidence-based practices and data-driven decisionmaking to improve school climate and culture in order to achieve improved academic and social outcomes and increase learning for all students (including students with the most complex and intensive behavioral needs); and (B) encompasses a range of systemic and individualized positive strategies to teach and reinforce school-expected behaviors, while discouraging and diminishing undesirable behaviors. (4) Covered law enforcement officer.--The term ``covered law enforcement officer''-- (A) means any person who-- (i) is a State, Tribal, or local law enforcement officer (as defined in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284)); and (ii) is assigned by the employing law enforcement agency to a covered program, who is contracting with a covered program, or who is employed by a covered program; and (B) includes an individual referred to as a ``school resource officer'' if that individual meets the definition in subparagraph (A). (5) Trauma-informed services.--The term ``trauma-informed services'' means a service delivery approach that-- (A) recognizes and responds to the impacts of trauma with evidence-based supports and intervention; (B) emphasizes physical, psychological, and emotional safety for both providers of services and survivors of trauma; and (C) creates opportunities for survivors of trauma to rebuild a sense of healing and empowerment. SEC. 5. PROHIBITION OF FEDERAL FUNDS FOR POLICE IN SCHOOLS. (a) Federal Funds Prohibition.--Notwithstanding the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.), including subpart 1 of part E of title I of that Act (34 U.S.C. 10151 et seq.) (relating to the Edward Byrne Memorial Justice Assistance Grant Program) and part Q of title I of that Act (34 U.S.C. 13081 et seq.) (relating to the ``Cops on the Beat'' grant program), or any other provision of law, no Federal funds may be appropriated or used for hiring, maintaining, or training covered law enforcement officers in any capacity. (b) COPS Grant Program.--Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381) is amended-- (1) in subsection (b)-- (A) by striking paragraph (12); (B) by redesignating paragraphs (13) through (23) as paragraphs (12) through (22), respectively; and (C) in paragraph (21), as so redesignated, by striking ``through (21)'' and inserting ``through (20)''; and (2) by adding at the end the following: ``(n) Prohibition on Use of Funds for Covered Law Enforcement Officers.--A recipient of a grant under this part may not use the grant funds for covered law enforcement officers (as defined in section 4 of the Counseling Not Criminalization in Schools Act).''. SEC. 6. SUPPORTING LOCAL EDUCATIONAL AGENCIES IN TRANSITIONING AWAY FROM POLICE IN SCHOOLS. (a) Grant Program Established.--The Secretary of Education shall award grants, on a competitive and rolling basis, to local educational agencies to enable those local educational agencies-- (1) to replace covered law enforcement officers in elementary and secondary schools with personnel and services that support mental health and trauma-informed services; and (2) to reform school safety and disciplinary policies so they reflect evidence-based practices that do not rely on the criminal justice system and provide the necessary staff training and support to implement such policies. (b) Application.--A local educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including an assurance that-- (1) the local educational agency will terminate any existing contract with local law enforcement or, where applicable, dissolve school district-based police departments, at least 30 days prior to the entity receiving funds under this section; and (2) the local educational agency will not establish any new contract with law enforcement or create its own school police department for the duration of the grant. (c) Priority.--In awarding grants under this section, the Secretary shall give priority to-- (1) local educational agencies that terminated their contract with all law enforcement or disbanded their school district police department prior to submitting an application and provide assurances that the local educational agency will not create or restart a contract with State or local law enforcement, create or reinstate a school district police department, or create or restart a program of other armed school personnel during the duration of this grant; (2) local educational agencies with a larger share of students who are economically disadvantaged, in the event that funds are insufficient to award grants to all eligible applicants; and (3) local educational agencies that identify the uses of funds in subsection (d) based on meaningful community engagement and deliberative consultation. (d) Uses of Funds.-- (1) Required use.--A local educational agency receiving funds under this section shall use such grant funds to hire or train school counselors, school psychologists, nurses, or social workers, community health workers and trauma-informed personnel, dedicated staff specifically trained in deescalation and violence interruption practices, staff trained in anti-bias practices, doctoral level specialists in behavior planning and intervention, or other specialists or individuals with expertise in school climate and behavior. (2) Permitted uses.--In addition to the required use described in paragraph (1), a local educational agency receiving funds under this section may also use grant funds to carry out 1 or more of the following: (A) Implementing schoolwide positive behavioral interventions and supports, restorative justice programs and interventions, mediators, social and emotional learning programs, or other evidence-based trauma-informed services. (B) Providing professional development to teachers, teacher assistants, school leaders, counselors, specialized instructional support personnel, and mental health professionals that-- (i) fosters safe, inclusive, and stable learning environments that support the social, emotional, mental, and academic well-being of students and prevent and mitigate the effects of trauma, including through social and emotional learning; (ii) improves school capacity to identify, refer, and provide services to students in need of trauma support services; (iii) reflects the best practices for trauma-informed identification, referral, and support developed by the Interagency Task Force on Trauma-Informed Care; (iv) reduces the number of students with disabilities experiencing school discipline for their disability-related behavior through specific training on the identification, development, and implementation of Behavior Intervention Plans (BIPs); and (v) reduces the number of Black, Latino, Native American, and LGBTQ students who are disciplined for minor, age-appropriate behaviors that should be addressed through evidence-based, trauma-informed services and support. (e) Prohibition.--No portion of any grant funds awarded under this section may be used for-- (1) the development, establishment, implementation, or enforcement of zero-tolerance school discipline policies, including the commission, contracting of, or agreements with law enforcement that support the presence of police in schools, including formal or informal partnerships or data and information sharing agreements with the Department of Justice or Secretary of Homeland Security, including U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection; (2) the purchase, maintenance, or installation of surveillance equipment, including metal detectors, facial recognition technology, or software programs that monitor or mine the social media use or technology use of students; or (3) arming teachers, principals, school leaders, or other school personnel. (f) Grant Amounts.--The amount of grant funds received under this section by a local educational agency shall be based on the number of students enrolled in the local educational agency. (g) Reporting.--Each local educational agency receiving a grant under this section shall prepare and submit a report to the Secretary containing information about-- (1) how the grant funds were used; (2) the number of students who were arrested by or referred to law enforcement officers in the previous year compared to the number arrested or referred during the term of the grant; (3) the reasons for arrests; and (4) demographic data of students arrested or referred to law enforcement officers, disaggregated by race, ethnicity, age, gender, sex and sexual orientation, status as a child with a disability, and socioeconomic status. (h) Supplement Not Supplant.--A local educational agency shall use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from State and local sources for the activities described in subsection (d), and not to supplant such funds (i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $5,000,000,000. <all>

Counseling Not Criminalization in Schools Act

A bill to divert Federal funding away from supporting the presence of police in schools and toward evidence-based and trauma informed services that address the needs of marginalized students and improve academic outcomes, and for other purposes.

Counseling Not Criminalization in Schools Act

Sen. Murphy, Christopher

D

CT

H.R.4971

Energy

Streamlining Interstate Transmission of Electricity Act or the SITE Act This bill establishes a process for the Federal Energy Regulatory Commission to authorize the construction, modification, and operation of interstate electric transmission facilities, including by exercising the right of eminent domain (the right of the government to take private property for public use).

To amend the Federal Power Act to establish a procedure for the siting of certain interstate electric transmission 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 ``Streamlining Interstate Transmission of Electricity Act'' or the ``SITE Act''. SEC. 2. SITING OF CERTAIN INTERSTATE ELECTRIC TRANSMISSION FACILITIES. Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended by adding at the end the following: ``SEC. 224. SITING OF CERTAIN INTERSTATE ELECTRIC TRANSMISSION FACILITIES. ``(a) Definitions.--In this section: ``(1) Affected landowner.-- ``(A) In general.--The term `affected landowner' includes each owner of a property interest in land or other property described in subparagraph (B), including-- ``(i) the Federal Government; ``(ii) a State or local government; and ``(iii) each owner noted in the most recent county or city tax record as receiving the relevant tax notice with respect to that interest. ``(B) Land and other property described.--The land or other property referred to in subparagraph (A) is any land or other property-- ``(i) that is or will be crossed by the energy transmission facility proposed to be constructed or modified under the applicable certificate of public convenience and necessity; ``(ii) that is or will be used as a facility site with respect to the energy transmission facility proposed to be constructed or modified under the applicable certificate of public convenience and necessity; ``(iii) that abuts any boundary of an existing right-of-way or other facility site that-- ``(I) is owned by an electric utility; and ``(II) is located not more than 500 feet from the energy transmission facility to be constructed or modified under the applicable certificate of public convenience and necessity; ``(iv) that abuts the boundary of a proposed facility site for the energy transmission facility to be constructed or modified under the applicable certificate of public convenience and necessity; ``(v) that is crossed by, or abuts any boundary of, an existing or proposed right-of- way that-- ``(I) will be used for the energy transmission facility to be constructed or modified under the applicable certificate of public convenience and necessity; and ``(II) is located not more than 500 feet from the proposed location of that energy transmission facility; or ``(vi) on which a residence is located not more than 500 feet from the boundary of any right-of-way for that energy transmission facility. ``(2) Alternating current transmission facility.--The term `alternating current transmission facility' means a transmission facility that uses alternating current for the bulk transmission of electric energy. ``(3) Energy transmission facility.--The term `energy transmission facility' means, as applicable-- ``(A) an alternating current transmission facility; or ``(B) a high-voltage, direct current transmission facility. ``(4) Facility site.--The term `facility site' includes-- ``(A) a right-of-way; ``(B) an access road; ``(C) a contractor yard; and ``(D) any temporary workspace. ``(5) High-voltage, direct current transmission facility.-- The term `high-voltage, direct current transmission facility' means a transmission facility that uses direct current for the bulk transmission of electric energy. ``(6) Tribal land.--The term `Tribal land' has the meaning given the term `Indian land' in section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501). ``(b) Certificate of Public Convenience and Necessity.-- ``(1) In general.--On receipt of an application under subsection (c)(1) relating to an energy transmission facility described in paragraph (2), the Commission, after making the finding described in paragraph (3) with respect to that energy transmission facility, shall issue to any person, by publication in the Federal Register, a certificate of public convenience and necessity for the construction, modification, operation, or abandonment of that energy transmission facility, subject to such reasonable terms and conditions as the Commission determines to be appropriate. ``(2) Energy transmission facility described.--An energy transmission facility referred to in paragraph (1) is an energy transmission facility that-- ``(A) traverses or, on construction or modification in accordance with a certificate of public convenience and necessity issued under that paragraph, will traverse not fewer than 2 States; and ``(B) is not less than 1,000 megawatts or 1,000 megavolt-amperes in power capacity. ``(3) Finding described.--The finding referred to in paragraph (1) is a finding that-- ``(A) the applicant for a certificate of public convenience and necessity is able and willing-- ``(i) to carry out the activities and perform the services proposed in the application in a manner determined to be appropriate by the Commission; and ``(ii) to achieve compliance with the applicable requirements of-- ``(I) this part; and ``(II) any rules and regulations promulgated by the Commission pursuant to this part; ``(B) the energy transmission facility to be constructed, modified, or operated under the certificate of public convenience and necessity will-- ``(i) traverse not fewer than 2 States; ``(ii) be used for the transmission of electric energy in interstate commerce; and ``(iii) have a power capacity of not less than 1,000 megawatts or 1,000 megavolt-amperes; and ``(C) operation of the energy transmission facility as proposed in the application-- ``(i) will-- ``(I) enable the use of renewable energy; ``(II) reduce congestion; or ``(III) improve the reliability of the transmission system; ``(ii) will maximize, to the extent reasonable and economical, the use of-- ``(I) existing facility sites; and ``(II) the transmission capabilities of existing energy transmission facilities; and ``(iii) will, to the extent practicable, minimize the use of eminent domain. ``(4) Rulemaking.--Not later than 270 days after the date of enactment of this section, the Commission shall issue rules specifying-- ``(A) a pre-filing process during which a person described in subsection (c)(1) and the Commission shall consult with-- ``(i) the appropriate State agencies, State public utility commissions, and State energy offices in each State the proposed project traverses; ``(ii) appropriate Federal agencies; and ``(iii) each Indian Tribe that may be affected by the proposed project; ``(B) the form of, and information to be contained in, an application submitted under subsection (c)(1); ``(C) requirements for determining whether the applicable energy transmission facility will be constructed or modified-- ``(i) to traverse not fewer than 2 States; ``(ii) to be used for the transmission of electric energy in interstate commerce; and ``(iii) to have a power capacity of not less than 1,000 megawatts or 1,000 megavolt- amperes; ``(D) criteria for determining the reasonable and economical use of-- ``(i) existing rights-of-way; and ``(ii) the transmission capabilities of existing towers or structures; ``(E) the manner in which an application submitted under subsection (c)(1) and any proposal for the construction or modification of an energy transmission facility shall be considered, which, to the extent practicable, shall be consistent with State statutory and regulatory policies concerning generation and retail sales of electricity in the States in which the electric energy transmitted by the energy transmission facility will be generated or sold; and ``(F) the manner in which the Commission will consider the needs of communities that will be impacted directly by the proposed energy transmission facility, including how any impacts of the proposed energy transmission facility could be mitigated or offset. ``(5) Public notice, comment, and opportunity for a hearing on certain draft documents.-- ``(A) In general.--The Commission shall provide not less than 90 days for public comment on any initial scoping document or draft environmental impact statement prepared for an energy transmission facility with respect to which an application for a certificate of public convenience and necessity has been submitted under subsection (c)(1). ``(B) Notice and opportunity for hearing.--The Commission shall-- ``(i) publish in the Federal Register a notice of the filing of each draft scoping document or draft environmental impact statement described in clause (i); and ``(ii) provide to the individuals and entities described in paragraph (6)(B) notice and reasonable opportunity for the presentation of any views and recommendations with respect to the initial scoping document or draft environmental impact statement. ``(C) Tribal consent.--With respect to an Indian Tribe that may be affected by a potential project, the Commission-- ``(i) shall provide notice to the appropriate Tribal officials and an opportunity of public comment in accordance with subparagraph (A); and ``(ii) shall not approve a scoping document or draft environmental impact statement unless consent has been obtained from the proper Tribal officials in a manner consistent with the requirements of section 2 of the Act of February 5, 1948 (62 Stat. 18, chapter 45; 25 U.S.C. 324). ``(6) Notice and opportunity for a hearing on applications.-- ``(A) In general.--In any proceeding before the Commission to consider an application for a certificate of public convenience and necessity under this section, the Commission shall-- ``(i) publish a notice of the application in the Federal Register; and ``(ii) provide to the individuals and entities described in subparagraph (B) a notice and reasonable opportunity for the presentation of any views and recommendations with respect to the need for, and impact of, the construction or modification of the energy transmission facility proposed to be constructed or modified under the certificate. ``(B) Individuals and entities described.--The individuals and entities referred to in subparagraph (A) are-- ``(i) an agency, selected by the Governor (or equivalent official) of the applicable State, of each State in which the energy transmission facility proposed to be constructed or modified under the applicable certificate of public convenience and necessity is or will be located; ``(ii) each affected landowner; and ``(iii) as determined by the Commission-- ``(I) each affected Federal agency; and ``(II) each Indian Tribe that may be affected by the proposed construction or modification. ``(C) Prohibition.--The Commission may not-- ``(i) require an applicant for a certificate of public convenience and necessity under this section to provide any notice required under this section; or ``(ii) enter into a contract to provide any notice required under this section with-- ``(I) the applicant for the applicable certificate of public convenience and necessity; or ``(II) any other person that has a financial interest in the project proposed in the application for that certificate. ``(c) Applications.-- ``(1) In general.--A person desiring a certificate of public convenience and necessity under this section shall submit to the Commission an application at such time, in such manner, and containing such information as the Commission may require. ``(2) Requirement.--An application submitted to the Commission under paragraph (1) shall include all information necessary for the Commission to make the finding described in subsection (b)(3). ``(d) Notice to Affected Landowners.-- ``(1) In general.--The Commission shall provide written notice of an application submitted under subsection (c)(1) to all affected landowners in accordance with this subsection. ``(2) Requirements.--Any notice provided to an affected landowner under paragraph (1) shall include the following: ``(A) The following statement in 14-point bold typeface: ```The [name of applicant] has proposed building power lines that will cross your property, and may also require building transmission towers on your property. If the Federal Energy Regulatory Commission approves [applicant]'s proposed project, then [applicant] may have the right to build transmission towers on, and power lines over, your property, or use your property to construct the proposed project, subject to paying you just compensation for the loss of your property. ```If you want to raise objections to this, or otherwise comment on this project, you can do so by submitting written comments to the Federal Energy Regulatory Commission Docket No. [___]. You can do this electronically or by mail. To do so electronically [to be inserted by the Commission]. To do so by mail [to be inserted by the Commission].'. ``(B) A description of the proposed project, including-- ``(i) the location of the proposed project (including a general location map); ``(ii) the purpose of the proposed project; and ``(iii) the timing of the proposed project. ``(C) The name of, and the location in the docket of the Commission at which may be found, each submission by the applicant to the Commission relating to the proposed project. ``(D) A general description of what the applicant will need from the landowner if the proposed project is approved, including the activities the applicant may undertake and the facilities that the applicant may seek to construct on the property of the landowner. ``(E) A description of how the landowner may contact the applicant, including-- ``(i) a website; and ``(ii) a local or toll-free telephone number and the name of a specific person to contact who is knowledgeable about the proposed project. ``(F) A description of how the landowner may contact the Commission, including-- ``(i) a website; and ``(ii) a local or toll-free telephone number and the name of a specific person to contact who is knowledgeable about the proposed project. ``(G) A summary of the rights that the landowner has-- ``(i) before the Commission; and ``(ii) in other proceedings under-- ``(I) the Federal Rules of Civil Procedure; and ``(II) the eminent domain rules of the relevant State. ``(H) Any other information that the Commission determines to be appropriate. ``(3) Obligation of applicant.--An applicant for a certificate of public convenience and necessity under this section shall submit to the Commission, together with the application for the certificate, the name and address of each affected landowner. ``(e) Regulatory Jurisdiction.-- ``(1) In general.--Except as provided in paragraph (2), the Commission shall have exclusive jurisdiction over, and no State shall regulate any aspect of, the siting or permitting of an energy transmission facility constructed, modified, or operated under a certificate of public convenience and necessity issued under this section. ``(2) Savings clause.--Nothing in this section affects the rights of States under-- ``(A) the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); ``(B) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); ``(C) the Clean Air Act (42 U.S.C. 7401 et seq.); or ``(D) division A of subtitle III of title 54, United States Code (formerly known as the `National Historic Preservation Act'). ``(f) Judicial Review.-- ``(1) In general.--Any person aggrieved by an order issued by the Commission under this section may obtain review of the order in-- ``(A) the court of appeals of the United States for any judicial circuit in which the energy transmission facility to be constructed or modified under the applicable certificate of public convenience and necessity is or will be located; or ``(B) the United States Court of Appeals for the District of Columbia Circuit. ``(2) Petition for review.-- ``(A) In general.--A person may obtain review under paragraph (1) by filing in the applicable court a written petition praying that the order of the Commission be modified or set aside in whole or in part. ``(B) Timing.--A petition under subparagraph (A) shall be filed by not later than 60 days after the date on which the applicable order of the Commission is published in the Federal Register. ``(3) Person aggrieved.--Notwithstanding any other provision of this Act, a person aggrieved by an order of the Commission issued under this section need not-- ``(A) have been a party to the proceedings before the Commission in which that order was issued in order to obtain judicial review of the order under this subsection; or ``(B) have requested rehearing before the Commission prior to seeking judicial review. ``(g) Right of Eminent Domain for Energy Transmission Facilities.-- ``(1) In general.--The holder of a certificate of public convenience and necessity may acquire through the exercise of the right of eminent domain in a court described in paragraph (2) any right-of-way, land, or other property that is necessary to construct, modify, operate, or maintain an energy transmission facility in accordance with that certificate if the holder-- ``(A) cannot acquire the necessary right-of-way, land, or other property by contract; ``(B) is unable to agree with the owner of the right-of-way, land, or other property with respect to the compensation to be paid for that right-of-way, land, or other property; or ``(C) cannot clear defective title with respect to the right-of-way, land, or other property. ``(2) Court described.--A court referred to in paragraph (1) is-- ``(A) the district court of the United States for the district in which the applicable land or other property is located; or ``(B) the appropriate State court. ``(3) Notice of decision to issue certificate.--The holder of a certificate of public convenience and necessity may not exercise the right of eminent domain under this subsection with respect to any property covered by the certificate unless the Commission has first, in addition to publishing the notice of certificate of public convenience and necessity in the Federal Register, provided all affected landowners with notice of-- ``(A) the decision of the Commission to grant the certificate; and ``(B) the procedures for obtaining judicial review of that decision under subsection (f), including a description of the time period for seeking judicial review under that subsection. ``(h) Condemnation Procedures.-- ``(1) Appraisals.-- ``(A) In general.--A holder of, or applicant for, a certificate of public convenience and necessity shall have any property that the holder or applicant seeks to acquire through the exercise of the right of eminent domain under subsection (g) appraised in accordance with generally accepted appraisal standards by an appraiser selected by the owner of the property, subject to subparagraph (D). ``(B) Requirements.-- ``(i) Costs.--The applicable holder of, or applicant for, a certificate of public convenience and necessity shall pay for each appraisal carried out under subparagraph (A). ``(ii) Inspections.--The owner of the applicable property (or a designated representative of the owner) shall be given the opportunity to accompany the appraiser during any inspection of the property that is part of an appraisal under subparagraph (A). ``(C) Timing.--An appraisal under subparagraph (A) shall be carried out before the holder of, or applicant for, the certificate of public convenience and necessity-- ``(i) makes an offer of just compensation under paragraph (2); or ``(ii) commences an action or proceeding to exercise the right of eminent domain under subsection (g). ``(D) Selection of appraiser.--If the owner of the applicable property does not select an appraiser under subparagraph (A) by the date that is 60 days after the date on which the holder of, or applicant for, the applicable certificate of public convenience and necessity requests that the owner do so, the holder or applicant shall have the right to select the appraiser. ``(2) Offers of just compensation.-- ``(A) In general.--Any offer of just compensation made to an affected landowner of property that is covered by a certificate of public convenience and necessity-- ``(i) shall be made in writing; ``(ii) may not be for an amount less than the fair market value of the property, as determined by an appraisal carried out under paragraph (1); and ``(iii) shall include compensation for-- ``(I) any lost income from the property; and ``(II) any damages to any other property of the owner. ``(B) Timing.--The holder of, or applicant for, a certificate of public convenience and necessity may not make an offer of just compensation to an affected landowner until the date that is 30 days after the date on which the Commission provides a notice to the affected landowner under subsection (g)(3). ``(3) Jurisdictional limitations.-- ``(A) Minimum jurisdictional amount.--A district court of the United States shall only have jurisdiction of an action or proceeding to exercise the right of eminent domain under subsection (g) if the amount claimed by the owner of the property to be condemned exceeds $3,000. ``(B) State ownership interests.-- ``(i) In general.--Except as provided in clause (ii), a district court of the United States shall have no jurisdiction to condemn any interest owned by a State. ``(ii) Exception.--Notwithstanding clause (i), a district court of the United States shall have jurisdiction-- ``(I) to condemn any existing utility or transportation easement or right-of-way that-- ``(aa) is on State property; or ``(bb) is on private property and is owned by a State; and ``(II) to condemn any real property conveyed to a State for the purpose of obstructing the construction, modification, or operation of an energy transmission facility in accordance with a certificate of public convenience and necessity issued under this section. ``(C) Tribal land.--A district court of the United States shall have no jurisdiction to condemn any interest in Tribal land. ``(4) Limitation on condemnation.--In any action or proceeding to exercise the right of eminent domain under subsection (g), a court-- ``(A) may condemn an interest in property only to the extent necessary for the specific facilities described in the applicable certificate of public convenience and necessity; and ``(B) may not-- ``(i) condemn any other interest; or ``(ii) condemn an interest for any purpose not described in that certificate. ``(5) Right of possession.--With respect to any action or proceeding to exercise the right of eminent domain under subsection (g), an owner of property covered by the applicable certificate of public convenience and necessity shall not be required to surrender possession of that property unless the holder of the certificate-- ``(A) has paid to the owner the award of compensation in the action or proceeding; or ``(B) has deposited the amount of that award with the court. ``(6) Litigation costs.-- ``(A) In general.--A holder of a certificate of public convenience and necessity that commences an action or proceeding to exercise the right of eminent domain under subsection (g) shall be liable to the owner of any property condemned in that proceeding for the costs described in subparagraph (B) if the amount awarded to that owner for the property condemned is more than 125 percent of the amount offered to the owner by the holder before the commencement of that action or proceeding. ``(B) Costs described.--The costs referred to in subparagraph (A) are litigation costs incurred for the action or proceeding described in that subparagraph by the owner of the property condemned, including-- ``(i) reasonable attorney fees; and ``(ii) expert witness fees and costs. ``(i) Enforcement of Conditions.-- ``(1) In general.--An affected landowner the property of which has been acquired by eminent domain under subsection (g) shall have the right-- ``(A) to enforce any condition in the applicable certificate of public convenience and necessity; and ``(B) to seek damages for a violation of any condition described in subparagraph (A). ``(2) Jurisdiction.--The district courts of the United States shall have jurisdiction over any action arising under paragraph (1). ``(j) Other Landowner Rights and Protections.-- ``(1) Failure to timely complete projects.-- ``(A) Surrender of condemned property.-- ``(i) In general.--An individual or entity from which an interest in property is acquired through the exercise of the right of eminent domain under subsection (g) by the holder of a certificate of public convenience and necessity that is issued for the construction, modification, or operation of an energy transmission facility may demand that the holder of the certificate surrender that interest to that individual or entity if-- ``(I)(aa) the energy transmission facility is not in operation (as modified, in the case of a modification of an energy transmission facility) by the date specified in the certificate (including any modification of the certificate by the Commission); and ``(bb) there is no request for the extension of that date pending before the Commission; or ``(II) subject to clause (ii), the holder of the certificate, with the approval of the Commission, abandons the portion of the energy transmission facility that is located on the applicable property relating to that interest. ``(ii) Requirement.--The Commission may not approve in a certificate of public convenience and necessity issued under this section or in any subsequent proceeding the abandonment of all or any part of an energy transmission facility unless the Commission requires the holder of the applicable certificate of public convenience and necessity to offer to each individual or entity described in clause (i) the option of having the property acquired from that individual or entity as described in that clause restored to the condition that the property was in prior to the issuance of the certificate. ``(B) Repayment of condemnation award.--If an individual or entity described in subparagraph (A)(i) demands the surrender of an interest under that subparagraph, the holder of the applicable certificate of public convenience and necessity shall be entitled to repayment of an amount equal to not more than 50 percent of the condemnation award relating to the interest. ``(C) Jurisdiction.--The district courts of the United States shall have jurisdiction over any action arising under this paragraph. ``(2) Material misrepresentations.-- ``(A) Rescission of transaction.-- ``(i) In general.--An affected landowner that proves, by a preponderance of the evidence, that the affected landowner has granted a right-of-way or any other interest based on a material misrepresentation made by or on behalf of an applicant for, or holder of, a certificate of public convenience and necessity under this section shall have the right to rescind the transaction. ``(ii) Jurisdiction.--The district courts of the United States shall have jurisdiction over any action arising under clause (i). ``(B) Civil penalties.-- ``(i) In general.--If an applicant for, or holder of, a certificate of public convenience and necessity makes a material misrepresentation, or if a material misrepresentation is made on behalf of such an applicant or holder, to an affected landowner concerning the energy transmission facility to be constructed or modified under the certificate, the applicant or holder shall be subject to a civil penalty, to be assessed by the Commission, in an amount not to exceed $10,000 per affected landowner to which the misrepresentation was made. ``(ii) Procedure.--The penalty described in clause (i) shall be assessed by the Commission after providing notice and an opportunity for a public hearing. ``(iii) Requirement.--In determining the amount of a penalty under clause (i), the Commission shall take into consideration the nature and seriousness of the violation.''. <all>

SITE Act

To amend the Federal Power Act to establish a procedure for the siting of certain interstate electric transmission facilities, and for other purposes.

SITE Act Streamlining Interstate Transmission of Electricity Act

Rep. Quigley, Mike

D

IL

S.1901

Native Americans

This bill authorizes the Department of the Interior to take land into trust for all federally recognized Indian tribes. Specifically, the bill applies the Indian Reorganization Act to all federally recognized Indian tribes, regardless of when a tribe became recognized. The amendments made by this bill are retroactively effective as if included in the Indian Reorganization Act. This effectively overrules the Supreme Court's decision in Carcieri v. Salazar, which held that Interior could not take land into trust for a specified tribe because that tribe had not been under federal jurisdiction when the Indian Reorganization Act was enacted in 1934.

To amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian Tribes, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORITY REAFFIRMED. (a) Reaffirmation.--Section 19 of the Act of June 18, 1934 (48 Stat. 988, chapter 576; 25 U.S.C. 5129) (commonly known as the ``Indian Reorganization Act''), is amended-- (1) in the first sentence-- (A) by striking ``The term'' and inserting ``Effective beginning on June 18, 1934, the term''; and (B) by striking ``any recognized Indian tribe now under Federal jurisdiction'' and inserting ``any federally recognized Indian tribe''; and (2) by striking the third sentence and inserting the following: ``In this Act, the terms `Indian tribe' and `tribe' mean any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect as if included in the Act of June 18, 1934 (48 Stat. 984, chapter 576; 25 U.S.C. 5101 et seq.) (commonly known as the ``Indian Reorganization Act''), on the date of the enactment of that Act. <all>

A bill to amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian Tribes, and for other purposes.

A bill to amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian Tribes, and for other purposes.

Official Titles - Senate Official Title as Introduced A bill to amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian Tribes, and for other purposes.

Sen. Tester, Jon

D

MT

H.R.4312

Taxation

No Frivolous Application for Short-Barreled Shotguns Act or the NFA SBS Act This bill removes certain short-barreled shotguns from the definition of firearms for purposes of the National Firearms Act. It also eliminates the prohibition on the sale or transportation of such shotguns in interstate commerce and treats persons who acquire or possess a short-barreled shotgun as meeting the registration or licensing requirements for such shotguns where such requirements are determined by reference to the National Firearms Act. The bill preempts state or local laws that impose a tax or recordkeeping requirements on short-barreled shotguns. The Department of Justice must destroy records relating to the registration of shotguns described by this bill within one year after the enactment of this bill.

To amend the Internal Revenue Code of 1986 to remove short-barreled shotguns from the definition of firearms for purposes of the National Firearms 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 ``No Frivolous Application for Short- Barreled Shotguns Act'' or as the ``NFA SBS Act''. SEC. 2. SHORT-BARRELED SHOTGUNS. (a) In General.--Section 5845(a) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``(1) a shotgun having a barrel or barrels of less than 18 inches in length; (2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length; (3)'' and inserting ``(1)'', and (2) by redesignating paragraphs (4) through (8) as paragraphs (2) through (6), respectively. (b) Shotguns Not Treated as Destructive Devices.--Section 5485(f) of such Code is amended by striking ``except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes'' and inserting ``except shotgun shells and any weapon that is designed to shoot shotgun shells''. (c) Effective Date.--The amendment made by this section shall apply to calendar quarters beginning more than 90 days after the date of the enactment of this Act. SEC. 3. ELIMINATION OF DISPARATE TREATMENT OF SHORT-BARRELED SHOTGUNS USED FOR LAWFUL PURPOSES. Section 922 of title 18, United States Code, is amended in each of subsections (a)(4) and (b)(4) by striking ``short-barreled shotgun,''. SEC. 4. TREATMENT OF SHORT-BARRELED SHOTGUNS DETERMINED BY REFERENCE TO NATIONAL FIREARMS ACT. Section 5841 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(f) Short-Barreled Shotgun Requirements Determined by Reference.--In the case of any short-barreled shotgun registration or licensing requirement under State or local law which is determined by reference to the National Firearms Act, any person who acquires or possesses such a shotgun in accordance with chapter 44 of title 18, United States Code, shall be treated as meeting any such registration or licensing requirement with respect to such shotgun.''. SEC. 5. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO SHORT-BARRELED SHOTGUNS. Section 927 of title 18, United States Code, is amended by adding at the end the following: ``Notwithstanding the preceding sentence, a law of a State or a political subdivision of a State that imposes a tax, other than a generally applicable sales or use tax, on making, transferring, using, possessing, or transporting a short-barreled shotgun in or affecting interstate or foreign commerce, or imposes a marking, recordkeeping or registration requirement with respect to such a shotgun, shall have no force or effect.''. SEC. 6. DESTRUCTION OF RECORDS. (a) In General.--Not later than 365 days after the date of the enactment of this Act, the Attorney General shall destroy any registration of an applicable shotgun maintained in the National Firearms Registration and Transfer Record pursuant to section 5841 of the Internal Revenue Code of 1986, any application to transfer filed under section 5812 of the Internal Revenue Code of 1986 that identifies the transferee of an applicable shotgun, and any application filed under section 5822 of the Internal Revenue Code of 1986 that identifies the maker of an applicable shotgun. (b) Applicable Shotgun.--For purposes of this section, the term ``applicable shotgun'' means any shotgun-- (1) described in paragraph (1) or (2) of section 5845(a) of the Internal Revenue Code of 1986 (as in effect on the day before the enactment of this Act), or (2) treated as destructive device under 5845(f) of such Code (as in effect on the day before the enactment of this Act) and not so treated under such section as in effect immediately after such date. <all>

NFA SBS Act

To amend the Internal Revenue Code of 1986 to remove short-barreled shotguns from the definition of firearms for purposes of the National Firearms Act, and for other purposes.

NFA SBS Act No Frivolous Application for Short-Barreled Shotguns Act

Rep. Duncan, Jeff

R

SC

H.R.2671

Commerce

Solidifying Habitual and Institutional Explanations of Liability and Defenses Act or the SHIELD Act This bill provides that in any enforcement action the Federal Trade Commission (FTC) must prove a violation of law and may not base the action solely on guidelines, policy statements, or similar guidance. The bill provides that no guidelines, general statements of policy, or similar guidance issued by the FTC shall confer any rights or bind the FTC or any person, state, or locality to the approach recommended therein. Further, the bill authorizes a defendant in an enforcement action to offer any such guidelines, policy statements, or similar guidance as evidence of compliance with a provision of law that is enforced by the FTC.

To amend the Federal Trade Commission Act to specify certain effects of guidelines, general statements of policy, and similar guidance issued by the Federal Trade Commission. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Solidifying Habitual and Institutional Explanations of Liability and Defenses Act'' or the ``SHIELD Act''. SEC. 2. EFFECTS OF GUIDELINES, GENERAL STATEMENTS OF POLICY, AND SIMILAR GUIDANCE. Section 18(a) of the Federal Trade Commission Act (15 U.S.C. 57a(a)) is amended by adding at the end the following: ``(3)(A) No guidelines, general statements of policy, or similar guidance issued by the Commission shall confer any rights upon any person, State, or locality, nor shall operate to bind the Commission or any person, State, or locality to the approach recommended in such guidelines, general statements of policy, or similar guidance. In any enforcement action, the Commission shall prove a violation of a provision of law enforced by the Commission. The Commission may not base an enforcement action on, or execute a consent order based on, acts or practices that are alleged to be inconsistent with any such guidelines, general statements of policy, or similar guidance, unless the acts or practices violate a provision of law enforced by the Commission. ``(B) In any enforcement action, a defendant may offer as evidence of compliance with a provision of law enforced by the Commission, any guidelines, general statements of policy, or similar guidance issued by the Commission pursuant to that law.'' ``(C) Nothing in this paragraph shall be construed to confer any authority upon or negate any authority of the Commission to issue guidelines, general statements of policy, or similar guidance.''. <all>

SHIELD Act

To amend the Federal Trade Commission Act to specify certain effects of guidelines, general statements of policy, and similar guidance issued by the Federal Trade Commission.

SHIELD Act Solidifying Habitual and Institutional Explanations of Liability and Defenses Act

Rep. Armstrong, Kelly

R

ND

H.R.8522

Education

Streamlining Income-driven, Manageable Payments on Loans for Education Act or the SIMPLE Act This bill directs the Department of Education to establish certain notification and automatic enrollment procedures for borrowers who are delinquent on federal student loans or who are rehabilitating defaulted student loans, including to automatically enroll these borrowers in income-driven repayment plans.

To amend the Higher Education Act of 1965 to include notification and automatic enrollment procedures for borrowers who are delinquent on loans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Streamlining Income-driven, Manageable Payments on Loans for Education Act'' or the ``SIMPLE Act''. SEC. 2. NOTIFICATION AND AUTOMATIC ENROLLMENT PROCEDURES FOR BORROWERS WHO ARE DELINQUENT ON LOANS AND FOR BORROWERS WHO ARE REHABILITATING DEFAULTED LOANS. (a) Amendments.-- (1) Notification and automatic enrollment procedures.-- Section 455(d) of the Higher Education Act of 1965 (20 U.S.C. 1087e(d)) is amended by adding at the end the following: ``(6) Notification and automatic enrollment procedures for borrowers who are delinquent on loans.-- ``(A) Authority to obtain income information.--The Secretary shall establish and implement, with respect to any borrower described in subparagraph (B), procedures to-- ``(i) use return information of the borrower (and the borrower's spouse, if applicable) disclosed under section 6103(l)(13) of the Internal Revenue Code of 1986, pursuant to approval provided under section 494, to determine the income and family size of the borrower (and the borrower's spouse, if applicable) without further action by the borrower; ``(ii) 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 income and family size of the borrower (and the borrower's spouse, if applicable); and ``(iii) provide the borrower with an opportunity to update the return information so disclosed before the determination of the income and family size of the borrower for purposes of this paragraph. ``(B) Borrower notification.--With respect to each borrower of a covered loan who is at least 31 days delinquent on such loan and who has not been subject to the procedures under this paragraph for such loan in the preceding 120 days, the Secretary shall, as soon as practicable after such 31-day delinquency, provide to the borrower the following: ``(i) Notification that the borrower is at least 31 days delinquent on at least 1 covered loan, and a description of all delinquent covered loans, nondelinquent covered loans, and noncovered loans of the borrower. ``(ii) A brief description of the repayment plans for which the borrower is eligible and the covered loans and noncovered loans of the borrower that may be eligible for such plans, based on information available to the Secretary. ``(iii) Clear and simple instructions on how to select the repayment plans. ``(iv) In the case of a borrower of a loan under section 428B, or a Federal Direct PLUS Loan, that is made, insured, or guaranteed on behalf of a dependent student, an explanation that the borrower may qualify for an income- driven repayment plan if the borrower consolidates such loan into a Federal Direct Consolidation Loan, and the amount of the monthly payment of such consolidation loan if the borrower does so consolidate. ``(v) The amount of monthly payments for the covered and noncovered loans under the repayment plans for which the borrower is eligible, based on information available to the Secretary, including, if the income information of the borrower is available to the Secretary under subparagraph (A)-- ``(I) the amount of the monthly payment under each income-driven repayment plan for which the borrower is eligible for the borrower's covered and noncovered loans, based on such income information; and ``(II) the income, family size, tax filing status, and tax year information on which each monthly payment is based. ``(vi) An explanation that in the case of a borrower for whom adjusted gross income is unavailable-- ``(I) if the borrower selects to repay the covered loans of such borrower pursuant to an income-driven repayment plan that defines discretionary income in such a manner that an individual not required under section 6012(a)(1) of the Internal Revenue Code of 1986 to file a return with respect to income taxes imposed by subtitle A of such Code may have a calculated monthly payment greater than $0, the borrower will be required to provide the Secretary with other documentation of income satisfactory to the Secretary, which documentation the Secretary may use to determine an appropriate repayment schedule; and ``(II) if the borrower selects to repay such loans pursuant to an income- driven repayment plan that is not described in subclause (I), the borrower will not be required to provide the Secretary with such other documentation of income, and the borrower will have a calculated monthly payment of $0. ``(vii) An explanation that the Secretary shall take the actions under subparagraph (C) with respect to such borrower, if-- ``(I) the borrower is 80 days delinquent on one or more covered loans and has not selected a new repayment plan for the covered loans of the borrower; and ``(II) in the case of such a borrower whose repayment plan for the covered loans of the borrower is not an income-driven repayment plan, the monthly payments under such repayment plan are higher than such monthly payments would be under an income- driven repayment plan for such loans. ``(viii) Instructions on updating the information of the borrower obtained under subparagraph (A). ``(C) Secretary's initial selection of plan.--With respect to each borrower described in subparagraph (B) who has a repayment plan for the covered loans of the borrower that meets the requirements of clause (vi)(II) of subparagraph (B) and has not selected a new repayment plan for such loans in accordance with the notice received under such subparagraph, and who is at least 80 days delinquent on such a loan, the Secretary shall, as soon as practicable-- ``(i) in a case in which any of the borrower's covered loans are eligible for an income-driven repayment plan-- ``(I)(aa) provide the borrower with the income-driven repayment plan that requires the lowest monthly payment amount for each covered loan of the borrower, compared to any other such plan for which the borrower is eligible; or ``(bb) if more than one income- driven repayment plan would offer the borrower the same lowest monthly payment amount, provide the borrower with the income-driven repayment plan that has the most favorable terms for the borrower; ``(II) if the plan selected under subclause (I) is not the income-driven repayment plan that would have the lowest monthly payment amount if the borrower were eligible for such plan for the borrower's covered loans and noncovered loans, notify the borrower of the actions, if any, the borrower may take to become eligible for such income-driven repayment plan; and ``(III) authorize the borrower to change the Secretary's selection of a plan under this clause to any plan described in paragraph (1) for which the borrower is eligible; and ``(ii) in a case in which none of the borrower's covered loans are eligible for an income-driven repayment plan, notify the borrower of the actions, if any, the borrower may take for such loans to become eligible for such a plan. ``(D) Secretary's additional selection of plan.-- ``(i) In general.--With respect to each borrower of a covered loan who selects a new repayment plan in accordance with the notice received under subparagraph (B) and who continues to be delinquent on such loan for a period described in clause (ii), the Secretary shall, as soon as practicable after such period, carry out the procedures described in clauses (i) and (ii) of subparagraph (C) for the covered loans of the borrower, if such procedures would result in lower monthly repayment amounts on such loan. ``(ii) Description of period.--The duration of the period described in clause (i) shall be the amount of time that the Secretary determines is sufficient to indicate that the borrower may benefit from repaying such loan under a new repayment plan, but in no case shall such period be less than 60 days. ``(7) Notification and automatic enrollment procedures for borrowers who are rehabilitating defaulted loans.-- ``(A) Authority to obtain income information.--The Secretary shall establish and implement, with respect to any borrower who is rehabilitating a covered loan pursuant to section 428F(a), procedures to-- ``(i) use return information of the borrower (and the borrower's spouse, if applicable) disclosed section 6103(l)(13) of the Internal Revenue Code of 1986, pursuant to approval provided under section 494, to obtain such information as is reasonably necessary regarding the income and family size of the borrower (and the borrower's spouse, if applicable); ``(ii) 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 obtain such information; and ``(iii) provide the borrower with an opportunity to update the return information so disclosed before the determination of income and family size of the borrower (and the borrower's spouse, if applicable) for purposes of this paragraph. ``(B) Borrower notification.--Not later than 30 days after a borrower makes the 6th payment required for the loan rehabilitation described in subparagraph (A), the Secretary shall notify the borrower of the process under subparagraph (C) with respect to such loan. ``(C) Secretary's selection of plan.--With respect to each borrower who has made the 9th payment required for the loan rehabilitation described in subparagraph (A), the Secretary shall, as soon as practicable after such payment-- ``(i) in a case in which any of the borrower's covered loans, without regard to whether the loan has been so rehabilitated, is eligible for an income-driven repayment plan-- ``(I)(aa) provide the borrower with the income-driven repayment plan that requires the lowest monthly payment amount for each covered loan of the borrower, compared to any other such plan for which the borrower is eligible; or ``(bb) if more than one income- driven repayment plan would offer the borrower the same lowest monthly payment amount, provide the borrower with the income-driven repayment plan that has the most favorable terms for the borrower; and ``(II) if the plan selected under subclause (I) is not the income-driven repayment plan that would have the lowest monthly payment amount if the borrower were eligible for such plan for the borrower's covered loans and noncovered loans, notify the borrower of the actions, if any, the borrower may take to become eligible for such income-driven repayment plan; and ``(ii) in a case in which none of the borrower's covered loans are eligible for an income-driven repayment plan, notify the borrower of the actions, if any, the borrower may take for such a loan to become eligible for such a plan.''. (2) Definitions.--Section 455(d) of the Higher Education Act of 1965 (20 U.S.C. 1087e(d)), as amended by paragraph (1), is further amended by adding at the end the following: ``(8) Definitions.--In this subsection: ``(A) Covered loan.--The term `covered loan' means-- ``(i) a loan made under this part; ``(ii) a loan purchased under section 459A; or ``(iii) a loan that has been assigned to the Secretary under section 428(c)(8). ``(B) Income-driven repayment plan.--The term `income-driven repayment plan' means a plan described in subparagraph (D) or (E) of paragraph (1). ``(C) Noncovered loan.--The term `noncovered loan' means a loan made, insured, or guaranteed under this title that is not a covered loan.''. (3) Automatic recertification.-- (A) Borrower for whom adjusted gross income is unavailable.--Section 455(e)(8)(A) of the Higher Education Act of 1965 (20 U.S.C. 1087e(e)(8)(A)) is amended-- (i) by striking ``and'' at the end of clause (ii); (ii) by redesignating clause (iii) as clause (iv); (iii) in clause (iv) (as so redesignated), by striking the period at the end and inserting ``; and''; and (iv) by inserting after clause (ii), the following: ``(iii) in the case of a borrower who has selected to repay a covered loan (as defined in subsection (d)(8)) pursuant to an income contingent repayment plan that defines discretionary income in such a manner that the borrower would have a calculated monthly payment equal to $0, not require the borrower to provide the Secretary the information described in clause (i) or (ii), and ensure that the borrower will have a calculated monthly payment of $0; and''. (B) Inclusion of covered loans.--Section 455(e)(8)(B) of the Higher Education Act of 1965 (20 U.S.C. 1087e(e)(8)(B)) is amended by striking ``a loan made under this part'' and inserting ``a covered loan (as defined in subsection (d)(8))''. (4) Changing plans.--Section 493C(b)(8) of the Higher Education Act of 1965 (20 U.S.C. 1098e(b)(8)) is amended to read as follows: ``(8) a borrower who is repaying a loan made, insured, or guaranteed under part B or D pursuant to income-based repayment may elect, at any time, to terminate repayment pursuant to income-based repayment and repay such loan under any repayment plan for which the loan is eligible in accordance with the requirements of part B or part D, respectively; and''. (5) Procedure and requirement for requesting tax return information from the irs.--Section 494(a) of the Higher Education Act of 1965 (20 U.S.C. 1098h(a)) is amended-- (A) in paragraph (2)-- (i) in subparagraph (A), in the matter preceding clause (i), by striking ``a loan under part D'' and inserting ``a covered loan (as defined in section 455(d)(8))''; and (ii) in subparagraph (B), by striking ``a loan under part D'' and inserting ``a covered loan (as defined in section 455(d)(8))''; and (B) by adding at the end the following: ``(4) Loan delinquency and rehabilitation.-- ``(A) Borrowers delinquent on loans.--In the case of an individual who is a borrower of a covered loan and who is at least 31 days delinquent on such loan, 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 the notification and automatic enrollment procedures for borrowers who are delinquent on loans under section 455(d)(6), that such individuals-- ``(I) affirmatively approve the disclosure described in paragraph (1)(A)(i) and agree that such approval shall serve as an ongoing approval of such disclosure until the date on which the individual elects to opt out of such disclosure under section 455(d)(6)(A)(ii); or ``(II) provide such information as the Secretary may require to carry out the procedures under section 455(d)(6) with respect to such individual. ``(B) Loan rehabilitation.--In the case of any written or electronic application by an individual for the rehabilitation of a covered loan pursuant to section 428F(a), 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 loan rehabilitation pursuant to section 428F(a), that such individuals-- ``(I) affirmatively approve the disclosure described in paragraph (1)(A)(i) and agree that such approval shall serve as an ongoing approval of such disclosure until the date on which the individual elects to opt out of such disclosure under section 455(d)(7)(A)(ii); or ``(II) provide such information as the Secretary may require to carry out the procedures under section 455(d)(7) with respect to such individual. ``(C) Covered loan defined.--In this paragraph, the term `covered loan' has the meaning given the term in section 455(d)(8).''. (b) Secure Disclosure of Tax-Return Information.-- (1) In general.--Section 6103(l)(13) of the Internal Revenue Code of 1986 is amended by redesignating subparagraphs (D), (E), and (F) as paragraphs (E), (F), and (G), respectively, and by inserting after subparagraph (C) the following new subparagraph: ``(D) Notification and automatic enrollment for certain borrowers.--The Secretary shall, upon written request from the Secretary of Education, disclose to any authorized person, only for the purpose of (and to the extent necessary in) carrying out paragraphs (6) and (7) of section 455(d) of the Higher Education Act of 1965, return information described in clauses (i) through (vi) of subparagraph (A) from returns of an individual certified by the Secretary of Education as having provided approval under section 494(a)(4) of such Act (as in effect on the date of enactment of this paragraph) for such disclosure.''. (2) Conforming amendments.-- (A) Section 6103(l)(13)(A) of the Internal Revenue Code of 1986 is amended by striking ``loans under part D of such title'' and inserting ``covered loans (as defined in section 455(d)(8) of such Act)''. (B) Section 6103(l)(13)(E)(i) of the Internal Revenue Code of 1986 (as redesignated by paragraph (1)) is amended by striking ``and (C)'' and inserting ``(C), and (D)''. (C) Subparagraphs (F) and (G) of section 6103(l)(13) of the Internal Revenue Code of 1986 (as redesignated by paragraph (1)) are each amended by striking ``or (C)'' and inserting ``(C), or (D)''. (c) Effective Date; Application.-- (1) Automatic enrollment.--The amendments made by paragraphs (1), (2), (3), and (5) of subsection (a) shall-- (A) apply to all borrowers of covered loans (as defined in section 455(d)(8) of the Higher Education Act of 1965, as added by subsection (a)); and (B) take effect on July 1, 2024, and shall apply with respect to award year 2024-2025 and each subsequent award year, as determined under the Higher Education Act of 1965. (2) Changing plans.--The amendment made by subsection (a)(4) shall take effect on the date of enactment of this Act. (3) Disclosure.--The amendments made by subsection (b) shall apply to disclosures after the date of enactment of this Act. <all>

SIMPLE Act

To amend the Higher Education Act of 1965 to include notification and automatic enrollment procedures for borrowers who are delinquent on loans, and for other purposes.

SIMPLE Act Streamlining Income-driven, Manageable Payments on Loans for Education Act

Rep. Bonamici, Suzanne

D

OR

H.R.4156

Commerce

Honoring Organizations Nationally for Ethics, Sustainability, and Trust Act or the HONEST Enterprise Act This bill establishes the Compassionate Capitalist Award to be presented to organizations that substantially benefit the well-being of their employees, stakeholders, and communities with respect to the areas of environmental stewardship, governance, social responsibility, and worker empowerment. The bill also establishes the Compassionate Capitalist Award Fund in the Department of the Treasury—composed of application fees charged to submit an application for the award and any gifts that the Department of Commerce may solicit for this purpose—to carry out the bill's provisions.

To establish the Compassionate Capitalist Award to recognize organizations that substantially benefit the well-being of their employees, stakeholders, and 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 ``Honoring Organizations Nationally for Ethics, Sustainability, and Trust Act'' or the ``HONEST Enterprise Act''. SEC. 2. ESTABLISHMENT OF THE COMPASSIONATE CAPITALIST AWARD. (a) In General.--There is established the Compassionate Capitalist Award (in this section referred to as the ``award''), which shall be evidenced by a certificate and a medal that-- (1) bear the inscription the ``Compassionate Capitalist Award''; and (2) incorporate such design and materials, and bear such additional inscriptions, as the Secretary of Commerce (in this section referred to as the ``Secretary'') determines appropriate. (b) Presentation of Award.--The President or the Secretary shall annually present, with such ceremonies as the President or Secretary determines appropriate, the award to organizations nominated under subsection (d) that the Secretary determines are deserving of recognition for substantially benefitting the well-being of their employees, stakeholders, and communities with respect to the following areas: (1) Environmental stewardship.--The degree to which an organization has in place practices to manage the environmental impact of its operations, supply chain, and distribution channels, including with respect to air, water, land, biodiversity, and climate effects. (2) Governance.--The mission, ethics, and transparency of an organization, including, if applicable, the organization's corporate leadership structure and executive compensation. (3) Social responsibility.--The degree to which an organization contributes to the communities in which it operates and obtains resources from, including the organization's practices with respect to diversity, equity, inclusion, civic engagement, charitable giving, and refraining from doing business with exploitative countries. (4) Worker empowerment.--The degree to which an organization contributes to the financial security, workplace safety, healthcare coverage, wellness, engagement, satisfaction, and career development of employees, and the degree to which an organization provides a fair and living wage. (c) Eligible Organizations.-- (1) In general.--The President or the Secretary shall present the award to at least one organization each year in each of the following categories: (A) Small businesses (at least 10 and fewer than 50 employees). (B) Midsized businesses (at least 50 and fewer than 250 employees). (C) Large businesses (at least 250 employees and fewer than 1,000 employees). (D) Very large businesses (at least 1,000 employees). (2) Total number of awards.--Not more than 18 awards may be awarded each year. (3) Exception.--Notwithstanding paragraph (1), no award shall be awarded in a given category if the Secretary determines that no organization qualifies for the award with respect to such category. (d) Establishment of Board of Directors.-- (1) In general.--The Secretary shall establish a board of directors to nominate organizations for the award and assist with administration of the award. (2) Composition.--The board shall be composed of the following: (A) The Assistant Secretary of Commerce for Economic Development, who shall serve as chairperson of the board. (B) The Administrator of the Wage and Hour Division of the Department of Labor, who shall serve as vice chairperson of the board. (C) At least 6 individuals appointed by the Secretary of Commerce, who shall include-- (i) 2 individuals representing independent nonprofit entities that have demonstrated leadership and excellence in the field of standard setting and measurement with respect to stakeholder impact; (ii) 2 individuals representing corporate business entities that have demonstrated a history of service to society; and (iii) 2 individuals representing organized labor entities or worker advocacy organizations. (3) Diversity.--In making appointments to the board, the Secretary shall take actions to ensure the diversity of the membership with respect to race, ethnicity, and gender. (4) Evaluation tool.--The board shall seek to enter into agreements with appropriate entities to obtain an online evaluation tool that meets the requirements of subsection (e) to assist the board in making nominations under paragraph (1). (5) Additional verification.--The board shall take actions to verify the accuracy of the facts presented by organizations seeking nomination for the award, including by soliciting employee feedback. (6) Annual report.--The board shall annually submit to the Secretary a report that includes-- (A) nominations for the award; and (B) an assessment of the process for presenting awards under this section, including recommendations for improving such process. (e) Evaluation Tool Requirements and Analysis.-- (1) In general.--The evaluation tool described in subsection (d)(4) shall-- (A) with respect to producing the numerical scores described in subparagraph (B), use standards specific to the category of business an organization qualifies as under subsection (c)(1) that are developed in consultation with such organizations; (B) provide for each organization considered for an award a numerical score with respect to each of the areas specified in subsection (b); and (C) provide for each organization considered for an award a total numerical score. (2) Analysis of results.--The board shall seek to enter into an agreement with an office of the Department of Commerce, or a contractor with the appropriate expertise, for such office or contractor to conduct analyses of the numerical scores described in paragraph (1) and report the results of such analyses in a standardized format to assist the board in making nominations under subsection (d)(1). (f) Award Eligibility Requirements.-- (1) Application.--An organization may be considered for an award upon submitting to the Secretary an application in such form, at such time, and containing such information as the Secretary determines appropriate, including information necessary for purposes of the evaluation tool described in subsection (d)(4). (2) Application fees.--The Secretary may charge a fee to submit an application under paragraph (1) and shall deposit any such fees into the account of the revolving fund established under subsection (j). (3) Prior recipient qualification.--An organization that has previously received the award is eligible to receive an additional award if at least 5 years have elapsed from the date such organization previously received the award. (4) Donor ineligibility.--An organization that makes a gift described in subsection (i) is ineligible to receive an award after the date of such gift. (g) Modification of Areas.--The Secretary may, on the basis of recommendations made by the board and developed in consultation with the Climate and ESG Task Force in the Division of Enforcement of the Securities and Exchange Commission, make modifications to the areas specified in subsection (b), which shall be effective 30 days after the date on which the Secretary submits a detailed description of such modifications to Congress. (h) Information Transfer.--The Secretary shall issue to each organization that applies for the award-- (1) the results of the evaluation with respect to such organization; and (2) information with respect to the organizations to whom the award was presented and the practices that the Secretary used as a basis to present such award to such organizations. (i) Solicitation of Gifts.--The Secretary may solicit and accept gifts from public and private entities to carry out this section and shall deposit any such gifts into the account of the revolving fund established under subsection (j). (j) Revolving Fund.-- (1) Establishment.--There is established in the Treasury a revolving fund to be known as the ``Compassionate Capitalist Award Fund'' (in this subsection referred to as the ``Fund'') to carry out this section. (2) Contents of fund.--The Fund under this subsection shall consist of the following amounts: (A) Amounts deposited by the Secretary under subsection (f)(2). (B) Amounts deposited by the Secretary under subsection (i). (C) Such other amounts as may be appropriated under law. (3) Use of amounts.--Amounts in the account of the Fund under this subsection shall be available to the Secretary, without further appropriation, to carry out this section. (k) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the President and Congress a report on the progress made with respect to the award and any recommendations relating to the process of presenting such award. (l) Public Availability of Award Information.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish and maintain a publicly available Government website that includes, with respect to the awarding of awards each year, information concerning-- (1) the organizations nominated for an award under subsection (d)(1); (2) the process by which organizations nominated for an award are evaluated; and (3) the performance metrics which can be used to determine best practices for each category of business described in subsection (c)(1) in each area specified in subsection (b). <all>

HONEST Enterprise Act

To establish the Compassionate Capitalist Award to recognize organizations that substantially benefit the well-being of their employees, stakeholders, and communities, and for other purposes.

HONEST Enterprise Act Honoring Organizations Nationally for Ethics, Sustainability, and Trust Act

Rep. Phillips, Dean

D

MN

S.5241

Labor and Employment

Tipped Employee Protection Act This bill modifies the definition of a tipped employee under the Fair Labor Standards Act of 1938 to exclude consideration of an employee's duties when determining the combined amount of tips and direct wages an employee receives for the purpose of an employer meeting the minimum wage requirements. Under the bill, an employer may pay a tipped employee the tipped minimum wage for tasks that are not related to tipped work as long as the employee's combined tips and direct wages total at least the $7.25 federal minimum wage. Current Department of Labor rules prohibit an employer from paying the tipped minimum wage for tasks that are not related to tipped work.

To amend the Fair Labor Standards Act of 1938 to revise the definition of the term ``tipped employee'', and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Tipped Employee Protection Act''. SEC. 2. TIPPED EMPLOYEES. Section 3(t) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(t)) is amended-- (1) by striking ``(t)'' and inserting ``(t)(1)''; (2) by striking ``engaged in an occupation in which he customarily and regularly receives more than $30 a month in tips.'' and inserting ``, without regard to the duties of the employee, who receives tips and other cash wages for a period described in paragraph (2) at a rate that when combined with the cash wage required under subsection (m)(2)(A)(i) is greater than or equal to the wage in effect under section 6(a)(1).''; and (3) by adding at the end the following: ``(2) The period described in this paragraph may be (as determined by the employer) a period of 1 day, 1 week, every other week, every pay period, or 1 month.''. <all>

Tipped Employee Protection Act

A bill to amend the Fair Labor Standards Act of 1938 to revise the definition of the term "tipped employee", and for other purposes.

Tipped Employee Protection Act

Sen. Braun, Mike

R

IN

H.R.5129

Social Welfare

Community Services Block Grant Modernization Act of 2022 This bill reauthorizes the Community Services Block Grant program through FY2032 and otherwise modifies the program. The program supports various antipoverty activities, primarily through formula-based allotments to states, Indian tribes, and territories. In particular, the bill makes changes to the program's administration and leadership; performance measurement; and allotments to states and territories. The bill also expands eligibility for services and activities funded by the program to 200% of the federal poverty line (FPL). Under current law, eligibility is generally set at the FPL.

To amend the Community Services Block Grant Act to reauthorize and modernize the 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 ``Community Services Block Grant Modernization Act of 2022''. SEC. 2. REAUTHORIZATION. Subtitle B of title VI of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9901 et seq.) is amended to read as follows: ``Subtitle B--Community Services Block Grant Program ``SEC. 671. SHORT TITLE. ``This subtitle may be cited as the `Community Services Block Grant Act'. ``SEC. 672. PURPOSES. ``The purposes of this subtitle are-- ``(1) to reduce poverty in the United States by supporting the activities of community action agencies and other community services network organizations that improve the economic security of low-income individuals and families and create new economic opportunities in the communities where they live; and ``(2) to accomplish the purposes described in paragraph (1) by-- ``(A) strengthening community capabilities for identifying poverty conditions and opportunities to alleviate such conditions; ``(B) empowering residents of the low-income communities served to respond to the unique problems and needs in their communities through their maximum feasible participation in advising, planning, and evaluating the programs, projects, and services funded under this subtitle; ``(C) using innovative community-based approaches that produce a measurable impact on the causes and effects of poverty, including whole family approaches that create opportunities for, and address the needs of, parents and children together; ``(D) coordinating Federal, State, local, and other assistance, including private resources, related to the reduction of poverty so that resources can be used in a manner responsive to local needs and conditions; and ``(E) broadening the resources directed to the elimination of poverty, so as to promote partnerships that include-- ``(i) private, religious, charitable, and neighborhood-based organizations; and ``(ii) individuals, businesses, labor organizations, professional organizations, and other organizations engaged in expanding opportunities for all individuals. ``SEC. 673. DEFINITIONS. ``In this subtitle: ``(1) Agency-wide strategic plan.--The term `agency-wide strategic plan' means a plan that has been adopted by an eligible entity in the previous 5 years and establishes goals that include meeting needs identified by the entity in consultation with residents of the community through a process of comprehensive community needs assessment. ``(2) Poverty line.--The term `poverty line' means the poverty guideline calculated by the Secretary from the most recent data available from the Bureau of the Census. The Secretary shall revise the poverty line annually (or at any shorter interval the Secretary determines to be feasible and desirable). The required revision shall be accomplished by multiplying the official poverty thresholds from the Bureau of the Census by the percentage change in the Consumer Price Index for All Urban Consumers during the annual or other interval immediately preceding the time at which the revision is made. ``(3) Community action agency.--The term `community action agency' means an eligible entity (which meets the requirements of paragraph (1) or (2), as appropriate, of section 680(c)) that delivers multiple programs, projects, and services to a variety of low-income individuals and families. ``(4) Community action plan.--The term `community action plan' means a detailed plan, including a budget, that is adopted by an eligible entity, for expenditures of funds appropriated for a fiscal year under this subtitle for the activities supported directly or indirectly by such funds. ``(5) Community services network organization.--The term `community services network organization' means any of the following organizations funded under this subtitle: ``(A) A grantee. ``(B) An eligible entity. ``(C) A Tribal grantee. ``(D) An association with a membership composed primarily of grantees, eligible entities, Tribal grantees, or associations of grantees, eligible entities, or Tribal grantees. ``(6) Department.--The term `Department' means the Department of Health and Human Services. ``(7) Eligible entity.--The term `eligible entity' means an entity-- ``(A) that is an eligible entity described in section 673(1) of the Community Services Block Grant Act (as in effect immediately before the date of the enactment of the Community Services Block Grant Modernization Act of 2022) as of the day before such date of enactment, or has been designated by the process described in section 680(a) (including an organization serving migrant or seasonal farmworkers that is so described or designated); and ``(B) that has a tripartite board described in paragraph (1) or (2), as appropriate, of section 680(c). ``(8) Evidence-based practice.--The term `evidence-based practice' means an activity, strategy, or intervention that-- ``(A) demonstrates a statistically significant effect on improving relevant outcomes based on at least one well-designed and well-implemented experimental or quasi-experimental study, or at least one well-designed and well-implemented correlational study with statistical controls for selection bias, and includes ongoing efforts to examine the effects of such activity, strategy, or intervention; or ``(B) demonstrates a rationale based on high- quality research findings or positive evaluation that such activity, strategy, or intervention is likely to improve relevant outcomes, and includes ongoing efforts to examine the effects of such activity, strategy, or intervention. ``(9) Grantee.--The term `grantee' means a recipient of a grant under section 675 or 676. ``(10) Private, nonprofit organization.--The term `private, nonprofit organization' means a domestic organization that is-- ``(A) described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; and ``(B) described in paragraph (1) or (2) of section 509(a) of the Internal Revenue Code of 1986. ``(11) Secretary.--The term `Secretary' means the Secretary of Health and Human Services. ``(12) Service area.--The term `service area' means the unique geographic area which the State has designated as the area to be served by an eligible entity with funding under section 679(a)(1). ``(13) State.--The term `State' means any of the several States, the District of Columbia, Puerto Rico, Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands. ``(14) Tribal grantee.--The term `Tribal grantee' means an Indian Tribe or Tribal organization, as defined in section 677(a), that receives a grant under section 677(c). ``SEC. 674. AUTHORIZATION OF COMMUNITY SERVICES BLOCK GRANT PROGRAM. ``(a) Authorization of Program.--The Secretary is authorized to carry out a community services block grant program and to make grants through the program, under sections 675 and 676, to States to support local community action plans carried out by eligible entities to reduce poverty in the communities served by such entities. ``(b) Authority of Secretary.--The Secretary is authorized to carry out other community programs described in section 690. ``SEC. 675. GRANTS TO TERRITORIES. ``(a) Apportionment.--The Secretary shall apportion the amount reserved under section 691(c)(1) for each fiscal year on the basis of need, based on the most recent applicable data available from the Bureau of the Census to account for poverty, to eligible jurisdictions among Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. ``(b) Grants.--The Secretary shall make a grant to each eligible jurisdiction to which subsection (a) applies for the amount apportioned under subsection (a). ``(c) Plans for Apportionment to Territories.--No later than six months after the enactment of this Act, the Secretary shall make publicly available the Department's plan for apportioning funds among territories, including factors that contribute to the calculation of need and methodology for calculating the apportionment for each territory. The Secretary must make publicly available any updates or changes to this plan no less frequently than any time new applicable data are available from the Bureau of Census. ``SEC. 676. ALLOTMENTS AND GRANTS TO STATES. ``(a) Allotments in General.--From the amount appropriated under section 691(a) for each fiscal year and remaining after the Secretary makes the reservations required by section 691(c), the Secretary shall allot to each eligible State, subject to section 677, an amount that bears the same ratio to such remaining amount as the amount received by the State for fiscal year 1981 under section 221 of the Economic Opportunity Act of 1964 bore to the total amount received by all States for fiscal year 1981 under such section, except as provided in subsection (b). ``(b) Minimum Allotments.-- ``(1) In general.--The Secretary shall allot to each State not less than \1/2\ of 1 percent of the amount appropriated under section 691(a) for such fiscal year and remaining after the Secretary makes the reservations required by section 691(c). ``(2) Years with greater available funds.--Notwithstanding paragraph (1), if the amount appropriated under section 691(a) for a fiscal year and remaining after the Secretary makes the reservations required by section 691(c) exceeds $900,000,000, no State shall receive under this section less than \3/4\ of 1 percent of the remaining amount. ``(c) Grants and Payments.--Subject to section 677, the Secretary shall make grants to eligible States for the allotments described in subsections (a) and (b). The Secretary shall make payments for the grants in accordance with section 6503(a) of title 31, United States Code. The Secretary shall allocate the amounts allotted under subsections (a) and (b) on a quarterly basis at a minimum, notify the States of their respective allocations, and make each State's first allocation amount in a fiscal year available for expenditure by the State no later than 30 days after receipt of an approved apportionment from the Office of Management and Budget and, for subsequent allocation amounts in the fiscal year, not later than 30 days after the start of the period for which the Secretary is allocating the funds. ``(d) Definition.--In this section, the term `State' does not include Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. ``SEC. 677. PAYMENTS TO INDIAN TRIBES. ``(a) Definitions.--In this section: ``(1) Indian.--The term `Indian' means a member of an Indian Tribe or Tribal organization. ``(2) Indian tribe or tribal organization.--The term `Indian Tribe or Tribal organization' means a Tribe, band, or other organized group recognized in the State in which the Tribe, band, or group resides, or considered by the Secretary of the Interior to be an Indian Tribe or an Indian organization for any purpose. ``(b) Reservation.-- ``(1) Application.--Paragraph (2) shall apply only if, with respect to any State, the Secretary-- ``(A) receives a request from the governing body of an Indian Tribe or Tribal organization in such State that assistance under this subtitle be made available directly to such Indian Tribe or Tribal organization; and ``(B) determines that the members of such Indian Tribe or Tribal organization would be better served by means of grants made directly to such Indian Tribe or Tribal organization to provide benefits under this subtitle. ``(2) Amount.--The Secretary shall reserve from amounts allotted to a State under section 676 for a fiscal year not less than the amount that bears the same ratio to the State allotment for the fiscal year as the population of all eligible Indians in that particular State for whom a determination has been made under paragraph (1) bears to the population of all individuals eligible for assistance through a grant made under section 676 to such State. ``(c) Awards.--The amount reserved by the Secretary on the basis of a determination made under subsection (b)(1)(B) shall be made available by grant to the Indian Tribe or Tribal organization serving the Indians for whom the determination has been made under subsection (b)(1)(B). ``(d) Plan.--In order for an Indian Tribe or Tribal organization to be eligible for a grant award for a fiscal year under this section, the Indian Tribe or Tribal organization shall submit to the Secretary a plan for such fiscal year that meets such criteria as the Secretary may prescribe by regulation. ``(e) Alternative Performance Measurement System.--The Secretary may implement alternative requirements for implementation by an Indian Tribe or Tribal Organization of the requirements of section 686(a). ``SEC. 678. STATE PLANS AND APPLICATIONS; COMMUNITY ACTION PLANS AND APPLICATIONS. ``(a) State Lead Agency.-- ``(1) Designation.--The chief executive officer of a State desiring to receive a grant under section 675 or 676 shall designate, in an application submitted to the Secretary under subsection (b), an appropriate State agency that agrees to comply with the requirements of paragraph (2), to act as a lead agency for purposes of carrying out State activities under this subtitle. ``(2) Duties of state lead agencies.--The State lead agency-- ``(A) shall be authorized by the chief executive officer to convene State agencies and coordinate information and activities funded under this subtitle; ``(B) shall develop the State plan to be submitted to the Secretary under subsection (b), which shall be based primarily on the community action plans of eligible entities, submitted to the State as a condition of receiving funding under this subtitle; ``(C) may revise an existing State plan for submission to the Secretary, if considered a major revision under criteria established by the Secretary in regulations required under section 689(a)(1)); ``(D) in conjunction with the development or revision of the State plan as required under subsection (b)-- ``(i) shall hold at least 1 hearing in the State on the proposed plan or a proposed major revision to a plan to provide to the public an opportunity to comment on the public record on the proposed use and distribution of funds under the plan; ``(ii) not less than 15 days before the hearing, shall distribute notice of the hearing and a copy of the proposed plan or major plan revision statewide to the public and directly to the chief executive officer and the chairperson of the board of each of the eligible entities (or designees) and other community services network organizations; and ``(iii) in the case of any proposed plan revision, without regard to whether it is a major revision, shall notify and distribute a copy of the proposed revision statewide directly to the chief executive officer and the chairperson of the board of each of the eligible entities (or designees) and other community services network organizations, before submission of such proposed revision to the Secretary; and ``(E) at least every 3 years, in conjunction with the development of the State plan, shall hold at least 1 legislative hearing. ``(b) State Application for State Program and State Plan.-- Beginning with the first fiscal year following the transition period described in section 3 of the Community Services Block Grant Modernization Act of 2022, to be eligible to receive a grant under section 675 or 676, a State shall prepare and submit to the Secretary for approval an application containing a State plan covering a period of not more than 2 fiscal years. The application shall be submitted not later than 60 days before the beginning of the first fiscal year covered by the plan, and shall contain such information as the Secretary shall require, including-- ``(1) a description of the manner in which funds made available through the grant under section 675 or 676 will be used to carry out the State activities described in section 679(b) and the State's community action plans; ``(2) a description summarizing the community action plans of the eligible entities serving the State; ``(3) an assurance that the State and all eligible entities in the State will participate in a performance measurement system under section 686(a)(1)(A); ``(4) a plan for the State's oversight of eligible entities; ``(5) an assurance that the State will make payments to eligible entities in accordance with section 679(a)(2); ``(6) an assurance that no eligible entity in the State that received, in the previous fiscal year, funding through a grant made under section 675 or 676 will have funding reduced below the proportional share of funding the entity received from the State in the previous fiscal year, or eliminated, or its designation as an eligible entity terminated, unless, after providing the affected entity (or entities, as applicable) with notice and an opportunity for a hearing on the record, the State determines that cause exists for the reduction or elimination of funding or for termination of such designation, subject to review by the Secretary as provided in section 684(c); and-- ``(A) in the case of failure of an eligible entity to comply with the terms of a corrective action plan relating to correction of a serious deficiency, except according to the procedures set forth in section 684(b); and ``(B) for purposes of this subsection, the term `cause' means-- ``(i) the failure of an eligible entity to comply with the terms of a corrective action plan relating to correction of a serious deficiency as described in subsection 684(b); or ``(ii) a statewide proportional distribution of funds provided through a community services block grant under this subtitle to respond to-- ``(I) the results of the most recently available census or other appropriate demographic data; ``(II) severe economic dislocation; or ``(III) the designation of an eligible entity to serve a geographic area that has been unserved for at least the previous 5 years; ``(7) an assurance that each eligible entity serving the State has established procedures that permit a low-income individual or organization to petition for adequate representation of such individuals or organizations, respectively, on the board of the eligible entity; ``(8) a description of outcome measures to be used to measure State and eligible entity performance in achieving the goals of the State plan and the community action plans, respectively; ``(9) an assurance that the State will develop a policy on board vacancies in accordance with section 680(c)(3) and provide guidance to assist eligible entities in filling board vacancies; ``(10) an assurance that the State and the eligible entities in the State will coordinate, and establish linkages between, governmental and other social services programs to assure the effective delivery of such services to low-income individuals and to avoid duplication of such services, and a description of how the State and the eligible entities will coordinate the provision of employment and training activities, as defined in section 3 of the Workforce Innovation and Opportunity Act, in the State and in communities with entities providing activities through statewide and local workforce development systems under such Act; ``(11) an assurance that the State will provide on its website-- ``(A) a warning notice to caution individuals that services under this subtitle are provided at no cost and that any questions regarding services provided under this subtitle should be directed to the State's community services block grant coordinator; ``(B) a warning notice about verified scams or fraudulent activities related to the programs administered under this subtitle; and ``(C) information to direct individuals who believe they have been solicited for such a scam, fraudulent activity, or any form of payment to contact the Department of Health and Human Services' (HHS) Fraud Hotline; and ``(12) a description of how the State, and eligible entities in the State, will coordinate with other programs related to meeting critical household needs that address the purposes of this subtitle, including with resources that reduce the burden of energy and water utility costs. ``(c) Approval.--The Secretary shall notify the chief executive officer of each State submitting an application containing a State plan under this section of the approval, disapproval, or approval in part, of the application, not later than 60 days after receiving the application. In the event of a full or partial disapproval, the Secretary's notification shall include a description of changes necessary for final approval. In the event of a partial approval, the Secretary may allow grantee use of funds for activities included in the portions of the plan which the Secretary has approved. In the event a State application fails to be approved in whole or in part before the end of the third month of the period covered by such plan the Secretary may award funding as specified in section 684(a)(5)(B). ``(d) Public Inspection.--Each plan and major revision to a State plan prepared under this section shall be distributed for public inspection and comment. A hearing on such plan or major revision shall be held as required under subparagraphs (C) and (D) of subsection (a)(2), but a State application for merger, combination, or privatization of entities under section 680(b) shall not be considered a major revision. ``(e) Eligible Entity Application and Community Action Plan.-- Beginning with the first fiscal year following the transition period described in section 3 of the Community Services Block Grant Modernization Act of 2022, to be eligible to receive a subgrant under section 679(a), each eligible entity shall prepare and submit to the State an application containing a community action plan or plans covering a period of not more than 2 fiscal years. Such application shall be submitted in a reasonable and timely manner as required by the State. The application shall contain information on the intended implementation of the eligible entity's activities, including demonstrating how the activities will-- ``(1) meet needs identified in the most recent comprehensive community needs assessment which has been conducted in the previous 3 years and which may be coordinated with community needs assessments conducted for other programs; and ``(2) achieve the purposes of this subtitle through programs, projects, and services. ``(f) Transparency.--Each eligible entity shall make available to the public on the eligible entity's website, the entity-wide strategic plan, community needs assessment, and community action plan. ``SEC. 679. STATE AND LOCAL USES OF FUNDS. ``(a) State Subgrants to Eligible Entities and Other Organizations.-- ``(1) In general.--A State that receives a grant under section 675 or 676 shall use not less than 90 percent to make subgrants to eligible entities that enable the entities to implement programs, projects, and services for a purpose described in section 672. ``(2) Obligational requirements.-- ``(A) Date of obligation.--The State shall obligate the funds for subgrants described in paragraph (1) and make such subgrants available for expenditure by eligible entities not later than the later of-- ``(i) the 30th day after the date on which the State receives from the Secretary a notice of funding availability for the State's application under section 678 for a first or subsequent allocation for a fiscal year; or ``(ii) the first day of the State program year for which funds are to be expended under the State application. ``(B) Exception.--If funds are appropriated to carry out this subtitle for less than a full fiscal year, a State may request an exception from the Secretary from the requirement to make subgrants available for expenditure by eligible entities in accordance with subparagraph (A), except that a State may not accumulate more than one fiscal quarter's worth of funding without making such funds available for expenditure by eligible entities. ``(C) Availability.--Funds allocated to eligible entities through subgrants made under paragraph (1) for a fiscal year shall be available for obligation by the eligible entity during that fiscal year and the succeeding fiscal year. ``(b) Statewide Activities.-- ``(1) Use of remainder.-- ``(A) In general.--A State that receives a grant under section 675 or 676 shall, after carrying out subsection (a), use the remainder of the grant funds for activities described in the State's application under section 678(b) as described in subparagraph (B) and for administrative expenses subject to the limitations in paragraph (2). ``(B) Training and technical assistance.--After applying subsection (a), the State may use the remaining grant funds for the purposes of-- ``(i) providing to eligible entities training and technical assistance and resources to respond to statewide or regional conditions that create economic insecurity, including emergency conditions; ``(ii) supporting professional development activities for eligible entities that enhance the skills of their local personnel (including members of the board of directors of such entities) in organizational management, service delivery, and program development and management, giving priority to activities carried out through partnerships of such entities with institutions of higher education; ``(iii) supporting information and communication resources for the comprehensive community needs assessments described in section 678(e)(1); ``(iv) supporting performance measurement systems consistent with the requirements of section 686; ``(v) promoting coordination and cooperation among eligible entities in the State, including supporting activities of a statewide association of community services network organizations; ``(vi) providing training and technical assistance and resources to assist eligible entities in building and using evidence of effectiveness in reducing poverty conditions, including entities participating in or proposing to participate in the Community Action Innovations Program established under section 682(a)(2); ``(vii) supporting efforts of eligible entities to identify and respond to physical and behavioral health challenges (including substance use disorders) experienced by low- income individuals, families, and communities; ``(viii) analyzing the distribution of funds made available under this subtitle within the State to determine if such funds have been targeted to the areas of greatest need; ``(ix) providing support to eligible entities to identify and respond to food insecurity by assisting them in their efforts-- ``(I) to provide nutritious foods to low-income individuals, families, and communities; and ``(II) to support practices that promote healthy living; and ``(x) providing support to eligible entities to address the needs of veterans, particularly homeless veterans. ``(2) Administrative cap.-- ``(A) Limitation.--Of the amounts remaining after the required funding for subgrants described under subsection (a)(1), a State shall not spend more than 5 percent of its grant under section 675 or 676 for administrative expenses. ``(B) Definition.--In this paragraph, the term `administrative expenses'-- ``(i) means the costs incurred by the State's lead agency for carrying out planning and management activities, including monitoring, oversight, and reporting as required by this Act; and ``(ii) does not include the cost of activities conducted under paragraph (1)(B) other than monitoring. ``(c) Eligible Entity Use of Funds.--An eligible entity that receives a subgrant under subsection (a)(1) shall use the subgrant funds to carry out a community action plan that shall include-- ``(1) programs, projects, and services that provide low- income individuals and families with opportunities-- ``(A) to identify and develop strategies to remove obstacles and solve problems that block access to opportunity, economic stability, and achievement of self-sufficiency; ``(B) to secure and retain meaningful employment at a family supporting wage; ``(C) to secure an adequate education, improve literacy and language skills, and obtain job-related skills; ``(D) to make effective use of available income and build assets; ``(E) to obtain and maintain adequate housing and a safe and healthy living environment; ``(F) to address health needs (including behavioral health needs) and improve health and well-being; ``(G) to obtain emergency materials or other assistance to meet immediate and urgent needs (which may include needs that arise due to a national or public health emergency), including to meet the collective needs of a community, and prevent greater or more prolonged economic instability; ``(H) to secure and identify assistance related to reducing energy expenses and reducing energy consumption; and ``(I) to achieve greater participation in community affairs; and ``(2) activities that develop and maintain-- ``(A) partnerships for the purpose of addressing community, economic, and social conditions of poverty and promoting healthy communities, including through prevention and mitigation of trauma, between the eligible entity and-- ``(i) State and local public entities; ``(ii) private partners, including statewide and local businesses, associations of private employers, and private charitable and civic organizations; ``(iii) if appropriate, entities and organizations that support innovative community-based approaches and research driven responses to poverty; and ``(iv) institutions of higher education, including Historically Black Colleges and Universities, Tribal colleges and universities, and minority-serving institutions; ``(B) linkages with public and private organizations for coordinating initiatives, services, and investments so as to avoid duplication, and maximize the effective use, of community resources for creating economic opportunity, including developing lasting social and economic assets; and ``(C) new investments in the community to reduce the incidence of poverty, including developing lasting social and economic assets. ``(d) Eligibility Criterion.-- ``(1) Subject to paragraph (2), 200 percent of the poverty line shall be used as a criterion of eligibility for services, assistance, or resources provided directly to individuals or families through the community services block grant program established under this subtitle. ``(2) A State or Tribal grantee may establish procedures to ensure that a participant in a program, project, or service funded under this subtitle remains eligible to participate as long as the participant is successfully progressing toward achievement of the goals of the program, project, or service, regardless of the income eligibility criteria used to determine the participant's initial eligibility. ``SEC. 680. ELIGIBLE ENTITIES AND TRIPARTITE BOARDS. ``(a) Designation and Redesignation of Eligible Entities in Unserved Areas.-- ``(1) In general.--If any geographic area of a State is not, or ceases to be, served by an eligible entity, the State lead agency may, in consultation with local officials and organizations representing the area, solicit one or more applications and designate a new community action agency to provide programs, projects, and services to the area, that is-- ``(A) a community action agency that is a private, nonprofit organization and that is geographically located in an area in reasonable proximity of, or contiguous to, the unserved area and that is already providing similar programs, projects, and services, and that has demonstrated financial capacity to manage and account for Federal funds; or ``(B) if no community action agency described in subparagraph (A) is available, a private, nonprofit organization (which may include an eligible entity) that is geographically located in, or is in reasonable proximity to, the unserved area and that is capable of providing a broad range of programs, projects, and services designed to achieve the purposes of this subtitle as stated in section 672. ``(2) Requirement.--In order to serve as the eligible entity for the service area, an entity described in paragraph (1) shall agree to ensure that the governing board of directors of the entity will meet the requirements of subsection (c). ``(3) Community.--A service area referred to in this subsection or a portion thereof shall be treated as a community for purposes of this subtitle. ``(4) Interim designation.--If no entity that meets the requirements of paragraphs (1) and (2) is available for designation as a permanent eligible entity, the State may designate a private, nonprofit agency (or public agency if a private, nonprofit is not available) on an interim basis for no more than 1 year while the State completes a selection process for a permanent eligible entity that meets the requirements of paragraphs (1) and (2). An agency designated on an interim basis shall be capable of providing programs, projects, and services designed to achieve the purposes of this subtitle as stated in section 672 and have demonstrated financial capacity to manage and account for Federal funds, and may be designated as a permanent eligible entity only if, by the time of permanent designation, it meets all the requirements of paragraphs (1) and (2). ``(b) Merger, Combination, or Privatization of Eligible Entities.-- ``(1) In general.--If an eligible entity receiving subgrant funds makes a determination described in paragraph (2) and notifies the State, the State-- ``(A) shall assist in developing a plan for implementing such merger, combination, or privatization, including a budget for transitional costs not to exceed 2 years in duration; ``(B) in the case of a merger or combination, shall provide to the merged or combined entity an amount of funding under section 679(a)(1) equal to the sum of amounts the merged or combined entities each received under section 679(a)(1) immediately before the merger or combination. ``(2) Covered merger, combination, or privatization.--This subsection applies when-- ``(A) 2 or more eligible entities determine that the geographic areas of a State that they serve can be more effectively served under common control or shared management; or ``(B) a public organization that is an eligible entity determines that the area it serves can be more effectively served if it becomes a private, nonprofit organization. ``(3) Plans.--A State may establish requirements for merger, combination, or privatization plans and for a determination that the merged, combined, or privatized entity, or entities, will be capable of conducting a broad range of programs, projects, and services designed to achieve the purposes of this subtitle as stated in section 672 consistent with the comprehensive community needs assessments for the areas served. ``(4) State determination.--If a State determines that a merged, combined, or privatized entity or entities will be capable of conducting a broad range of programs, projects, and services as specified in paragraph (3), it shall designate the merged, combined, or privatized entity or entities to serve the area(s) in question without soliciting applications from other entities. ``(c) Tripartite Boards.-- ``(1) Private, nonprofit organizations.-- ``(A) Board.--In order for a private, nonprofit organization to be considered to be an eligible entity for purposes of section 673(7), the entity shall be governed by a tripartite board of directors described in subparagraph (C) that fully participates in the development, planning, implementation, oversight, and evaluation of the programs, projects, and services carried out or provided through the subgrant made under section 679(a)(1) and all activities of the entity. ``(B) Selection.--The members of the board referred to in subparagraph (A) shall be selected by the private, nonprofit organization. ``(C) Composition of board.--The board shall be composed so as to assure that-- ``(i) \1/3\ of the members of the board are elected public officials holding office on the date of selection, or their representatives (but if an elected public official chooses not to serve, such official may designate a representative to serve as the voting board member); ``(ii) not fewer than \1/3\ of the members are persons chosen in accordance with democratic selection procedures adequate to assure that such members are representative of low-income individuals and families in the service area; and if selected to represent a specific geographic area, such member resides in that area; and ``(iii) the remainder of the members may be comprised of representatives from business, industry, labor, religious, educational, charitable, or other significant groups and interests in the community. ``(D) Expertise.--The eligible entity shall ensure that the members of the board are provided resources, which may include contracted services with individuals and organizations with expertise in financial management, accounting, and law, to support the work of the board. ``(E) Compliance with tax-exempt and other requirements.--The board of a private, nonprofit organization shall ensure that the board operates and conducts activities under the subgrant made under section 679(a)(1) in a manner that complies with-- ``(i) the requirements for maintaining tax- exempt status under section 501(a) of the Internal Revenue Code of 1986 (26 U.S.C. 501(a)) regarding the governance of charities under section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)); and ``(ii) applicable requirements of State nonprofit law. ``(2) Public organizations.-- ``(A) Board.--In order for a local public (governmental) entity to be considered to be an eligible entity for purposes of section 673(7), the entity shall ensure that the programs, projects, and services carried out or provided through the subgrant made under section 679(a)(1) are administered under the supervision of a tripartite board described in subparagraph (C) that fully participates in the development, planning, implementation, oversight, and evaluation of such programs, projects, and services. ``(B) Selection.--The members of the board referred to in subparagraph (A) shall be selected by the local public entity. ``(C) Composition of board.--The board shall be composed so as to assure that-- ``(i) not more than \1/3\ of the members of the board are employees or officials, including elected officials, of the unit of government in which the organization is located; ``(ii) not fewer than \1/3\ of the members are persons chosen in accordance with democratic selection procedures adequate to assure that such members are representative of low-income individuals and families in the service area; and if selected to represent a specific geographic area, such member resides in that area; and ``(iii) the remainder of the members may be comprised of representatives from business, industry, labor, religious, educational, charitable, or other significant groups and interests in the community. ``(D) Expertise.--The eligible entity shall ensure that the members of the board are provided resources, which may include contracted services with individuals and organizations with expertise in financial management, accounting, and law, to support the work of the board. ``(E) Compliance with state requirements and policy.--The board of a public organization shall ensure that the board operates in a manner that complies with State requirements for open meetings, financial transparency, and State open records policy. ``(3) Board vacancies.--To fulfill the requirements under this section, an eligible entity shall fill a board vacancy not later than 6 months after such vacancy arises. In the event that an eligible entity is unable to fill a board vacancy in the 6-month period, the entity shall certify to the State that it is making a good faith effort to fill the vacancy and shall receive 1 additional 6-month period to fill such vacancy. ``(4) Safeguard.--Neither the Federal Government nor a State or local government shall require a religious organization to alter its form of internal governance, except (for purposes of administration of the community services block grant program) as provided in section 680(c). ``(d) Operations and Duties of the Board.--The duties of a board described in paragraph (1) or (2) of subsection (c) shall include-- ``(1) in the case of a board for a private, nonprofit organization that is an eligible entity, having legal and financial responsibility for administering and overseeing the eligible entity, including making proper use of Federal funds; ``(2) establishing terms for officers and adopting a code of ethical conduct, including a conflict of interest policy for board members; ``(3) participating in each comprehensive community needs assessment, developing and adopting for the corresponding eligible entity an agency-wide strategic plan, and preparing the community action plan for the use of funds under this subtitle; ``(4) approving the eligible entity's operating budget; ``(5) reviewing all major policies such that-- ``(A) for private, nonprofit organizations that are eligible entities, a review includes conducting annual performance reviews of the eligible entity's chief executive officer (or individual holding an equivalent position); and ``(B) for local public entities that are eligible entities, a review includes participating in annual performance reviews of the eligible entity's chief executive officer (or individual holding an equivalent position); ``(6) performing oversight of the eligible entity to include-- ``(A) conducting assessments of the eligible entity's progress in carrying out programmatic and financial provisions in the community action plan; and ``(B) in the case of any required corrective action, reviewing the eligible entity's plans and progress in remedying identified deficiencies; and ``(7) concerning personnel policies and procedures-- ``(A) in the case of private, nonprofit organizations that are eligible entities, adopting personnel policies and procedures, including for hiring, annual evaluation, compensation, and termination, of the eligible entity's chief executive officer (or individual holding a similar position); and ``(B) in the case of local public entities that are eligible entities, reviewing personnel policies and procedures, including for hiring, annual evaluation, compensation, and termination, of the eligible entity's chief executive officer (or individual holding a similar position). ``(e) Conflict of Interest.--In establishing the conflict of interest policy described in subsection (d)(2), a board shall ensure that such policy-- ``(1) requires a board member to recuse themself from any discussion, deliberations, and votes relating to any contract or transaction from which the following would receive a direct financial benefit from the eligible entity: ``(A) such board member; ``(B) the immediate family member of such board member; or ``(C) an organization or a business from which such board member, or an immediate family of such board member, receives a direct financial benefit; ``(2) prohibits a board member from receiving compensation for serving on the board from the eligible entity other than for reasonable expenses, except that a board member's receipt of an economic benefit from the eligible entity because such member is eligible to receive benefits and services under this subtitle shall not be considered to be compensation for purposes of this subsection; and ``(3) ensures all activities funded under this subtitle are conducted free of personal or family favoritism. ``SEC. 681. OFFICE OF COMMUNITY SERVICES. ``(a) Office.-- ``(1) Establishment.--The Secretary shall establish an Office of Community Services in the Department to carry out the functions of this subtitle. ``(2) Director.--The Office shall be headed by a Director (referred to in this section as the `Director'). ``(b) Grants, Contracts, and Cooperative Agreements.--The Secretary, acting through the Director, shall carry out the functions of this subtitle through grants, contracts, or cooperative agreements. ``SEC. 682. TRAINING, TECHNICAL ASSISTANCE, AND RELATED ACTIVITIES. ``(a) Activities.-- ``(1) In general.--The Secretary shall-- ``(A) use amounts reserved under section 691(c)(2) for training, technical assistance, planning, assessment, and performance measurement, as described in this section and in sections 684 and 686, to assist States, eligible entities, Tribal grantees, and other community services network organizations in-- ``(i) building and using evidence of effectiveness in reducing poverty conditions, including through development and dissemination of information about clearinghouses and other resources that identify relevant evidence-based initiatives, for use in connection with the Community Action Innovations Program established under paragraph (2); ``(ii) carrying out professional development activities that expand the capacity of eligible entities and Tribal grantees; ``(iii) carrying out performance measurement, data collection, and reporting activities related to programs, projects, and services carried out under this subtitle; and ``(iv) correcting programmatic deficiencies, including such deficiencies of eligible entities or Tribal grantees; and ``(B) distribute the amounts reserved under section 691(c)(2)(A) through grants, contracts, or cooperative agreements with eligible entities, Tribal grantees, and other community services network organizations described in subsection (b) for-- ``(i) professional development for key community services network organization personnel; ``(ii) activities to improve community services network organization programs, financial management, compliance, and governance practices (including practices related to performance management information systems); ``(iii) activities that train community services network organizations, and their staff and board members, to effectively address the needs of low-income families and communities through place-based strategies that address local causes and conditions of poverty (including health inequities) through coordinated investment and integrated service delivery; and ``(iv) activities that train community services network organizations in building and using evidence of effectiveness in reducing poverty conditions and that support effective administration of funds under the Community Action Innovations Program established under paragraph (2). ``(2) Innovative and evidence-based projects to reduce poverty.-- ``(A) In general.--The Secretary shall use amounts reserved under section 691(c)(3) for a Community Action Innovations Program to-- ``(i) award grants, contracts, or cooperative agreements to eligible entities, Tribal grantees, and other community services network organizations, including consortia of such entities, grantees, or organizations to facilitate innovation and use of evidence-based practice designed to reduce poverty conditions, including through whole family approaches that create opportunities for, and address the needs of, parents and children together; and ``(ii) disseminate results for public use, including analysis of best practices in poverty reduction. ``(B) Projects.--The Secretary shall award funds from its Community Action Innovations Program for projects to enable-- ``(i) replication or expansion of innovative practices with demonstrated evidence of effectiveness, with priority given to those with the strongest evidence base as determined through a broad review of available studies; or ``(ii) testing of innovative practices to determine their effectiveness, with priority given to those incorporating rigorous, independent evaluation to further build the evidence base. ``(C) Use of funds.--The funds reserved for use under this paragraph may be used by awardees for resources or activities necessary to replicate, expand, or test innovative and evidence-based practices, including costs of training and technical assistance, evaluation, data collection, and technology. ``(D) Expenses.--The funds reserved for use under this paragraph may be used for reasonable expenses of awardees, associated with administration of projects and dissemination of their results. ``(E) Awards and obligation.--The Secretary shall award and obligate funds reserved for projects under this paragraph during the first program year for which the funds are appropriated. Grant funds awarded under this paragraph shall remain available for expenditure by the awardee not later than 36 months after the date of award by the Secretary, unless a longer period of availability is approved by the Secretary based on extenuating circumstances and demonstrated evidence of effectiveness. ``(b) Eligible Entities, Tribal Grantees, and Other Community Services Network Organizations.--Eligible entities, Tribal grantees, and other community services network organizations referred to in subsection (a)(1)(B) shall include such entities, grantees, and organizations (and their partners, including institutions of higher education) with demonstrated expertise in providing training for individuals and organizations on methods of effectively addressing the needs of low-income families and communities and, if appropriate, expertise in Tribal issues. ``(c) Training and Technical Assistance Process.--`The process for determining the training and technical assistance to be carried out under subsection (a)(1) shall-- ``(1) ensure that the needs of eligible entities, Tribal grantees, and programs relating to improving program quality (including quality of financial management practices) are addressed to the maximum extent feasible; and ``(2) incorporate mechanisms to ensure responsiveness to local needs, including an ongoing procedure for obtaining input from the national and State networks of eligible entities. ``SEC. 683. STATE MONITORING OF ELIGIBLE ENTITIES. ``In order to determine whether eligible entities receiving subgrants under this subtitle meet performance goals, administrative standards, financial management requirements, and other requirements under this subtitle, the State shall conduct the following reviews of eligible entities: ``(1) A full onsite review of each eligible entity at least once during each 3-year period. ``(2) An onsite review of each newly designated eligible entity immediately after the completion of the first year in which such entity receives funds through the community services block grant program under this subtitle. ``(3) Followup reviews, including onsite reviews scheduled in a corrective action plan (including return visits), in a calendar quarter for eligible entities with programs, projects, or services that fail to meet the State's performance criteria, standards, financial management requirements, or other significant requirements established under this subtitle. ``(4) Other reviews as appropriate, including reviews of eligible entities with programs, projects, and services that have had other Federal, State, or local grants (other than assistance provided under this subtitle) terminated for cause. ``(5) In conducting reviews, including as required by paragraph (1), a State may conduct a remote (including virtual) review of an eligible entity in extraordinary circumstances if approved by the Secretary on a case-by-case basis. ``SEC. 684. ASSESSMENTS; CORRECTIVE ACTION; REDUCTION OR ELIMINATION OF FUNDING. ``(a) Assessments of States by the Secretary.-- ``(1) In general.--The Secretary shall conduct, in not fewer than 1/5 of the States in each fiscal year, assessments (including investigations) of State compliance with this subtitle, including requirements relating to the use of funds received under this subtitle, requirements applicable to State plans submitted under section 678(b), and requirements of section 679(a)(2). ``(2) Report to states.--The Secretary shall submit to each State assessed, and make available to the public on the Department's website, a report containing-- ``(A) the results of such assessment; and ``(B)(i) recommendations for improvements designed to enhance the benefit and impact of the activities carried out with such funds; and ``(ii) in the event a serious deficiency is found regarding a State's compliance with this subtitle, including requirements relating to the use of funds received under this subtitle, a proposed corrective action plan. ``(3) State response.--Not later than 45 days after receiving a report under paragraph (2)-- ``(A) a State that received recommendations under paragraph (2)(B)(i) shall submit to the Secretary and make available to the public on the State lead agency's website a plan of action in response to the recommendations; and ``(B) a State that received a proposed corrective action plan under paragraph (2)(B)(ii) shall agree to implement the corrective action plan proposed by the Secretary or propose to the Secretary and make available to the public on the State lead agency's website a different corrective action plan, developed by the State in a timely manner that the State will implement upon approval by the Secretary. ``(4) Report to congress.--The Secretary shall submit the results of the assessments annually, as part of the report submitted by the Secretary in accordance with section 686(b)(2). ``(5) Enforcement.-- ``(A) Reduction or elimination of funding.--If the Secretary determines, in a final decision based on an assessment conducted under this section, that a State fails to meet the requirements of this subtitle, the Secretary may, after providing adequate notice and an opportunity for a hearing, initiate proceedings to reduce or eliminate the amount of funding apportioned and allocated to the State as described in section 675 or 676, as applicable (and, if necessary, deobligate such funding). ``(B) Direct awards to other entities.-- ``(i) Reduction or elimination of state funding; lack of approved state plan.--If the Secretary reduces or eliminates funding to a State under subparagraph (A), the Secretary shall award funding directly as provided under clauses (ii) and (iii). If, for a particular fiscal year, a State plan is not approved by the Secretary in accordance with section 678(c), the Secretary may award funding directly as provided under clauses (ii) and (iii). ``(ii) Direct funding to eligible entities.--If funding specified in section 679(a)(1) is reduced or eliminated due to the Secretary's reduction or elimination of funding under subparagraph (A), or if the Secretary chooses to award funding directly due to the lack of an approved State plan as authorized in clause (i), the Secretary shall award financial assistance in the amount of such reduced or eliminated funding, or in the amount the State would have received for the purposes specified in section 679(a)(1) had a State plan been approved, directly (by grant or cooperative agreement) to affected eligible entities (provided that any such entity has not had its funding under this subtitle eliminated or its designation as an eligible entity terminated by the State in accordance with subsections (b) and (c) of section 684) to carry out the activities described in section 679(c). In awarding such funding, the Secretary shall ensure that each such affected eligible entity receives the same proportionate share of funding under section 679(a)(1) that it received in the previous fiscal year. ``(iii) Statewide funds.--If funding specified in section 679(b) is reduced or eliminated due to the Secretary's reduction or elimination of funding under subparagraph (A), or if the Secretary chooses to award funding directly due to the lack of an approved State plan as authorized in clause (i), the Secretary shall reserve an amount equal to the amount of such reduced or eliminated funds, or to the amount the State would have received for the purposes specified in section 679(b) had a State plan been approved. The Secretary may use such amount for such purposes directly or through a grant or cooperative agreement to community services network organizations (other than the State itself). ``(iv) Reduction.--In the case of expenditure as provided in accordance with this subparagraph, the Secretary shall reduce funding the State would otherwise have received under section 675 or 676 (and, if necessary, deobligate such funding) for the appropriate fiscal year by an amount equal to the amount so expended. ``(6) Training and technical assistance.--The Secretary, through the Department's own employees or contractors (rather than under grants, contracts, or cooperative agreements issued under section 682), shall provide training and technical assistance to States with respect to the development or implementation of the States' corrective action plans. ``(b) Determination of Eligible Entity Failure To Comply.-- ``(1) Corrective action by eligible entities.--If the State determines, on the basis of a review pursuant to section 683 or section 685, that there is a serious deficiency regarding an eligible entity's compliance with this subtitle, the State shall inform the entity of the serious deficiencies that shall be corrected and provide technical assistance for the corrective action. ``(2) Eligible entity corrective action plans.--An eligible entity that is found to have a serious deficiency under paragraph (1) shall develop, in a timely manner, a corrective action plan that shall be subject to the approval of the State, and that shall specify-- ``(A) the deficiencies to be corrected; ``(B) the actions to be taken to correct such deficiencies; and ``(C) the timetable for accomplishment of the corrective actions specified. ``(3) Final decision.--If the State determines, on the basis of a final decision in a review conducted under section 683, that an eligible entity fails to comply with the terms of a corrective action plan under paragraph (2) relating to correction of a serious deficiency for the eligible entity, the State may, after providing adequate notice and an opportunity for a hearing, initiate proceedings to withhold, reduce, or eliminate the funding provided under section 679(a)(1) to the eligible entity (including, in the case of elimination of funding, terminating the designation under this subtitle of the eligible entity) unless the entity corrects the serious deficiency. ``(c) Review.--A State's decision to withhold, reduce, or eliminate funding, or to terminate the designation of an eligible entity (or eligible entities, as applicable) may be reviewed by the Secretary. Upon request by a community services network organization, the Secretary shall review such a determination. The review shall be completed not later than 60 days after the Secretary receives from the State all necessary documentation relating to the determination. The State shall submit such documentation within a reasonable time frame established by the Secretary. ``(d) Direct Assistance.--Whenever the Secretary determines that a State has violated the State plan described in section 678(b) (including the assurance described in section 678(b)(6)) and the State has reduced or eliminated the funding provided under section 679(a) to any eligible entity or entities or terminated the eligible entity designation of any eligible entity or entities before the completion of the State proceedings described in section 678(b)(6) (including, if applicable, the proceedings required by subsection (b)) and the Secretary's review as required by subsection (c), the Secretary may provide financial assistance under this subtitle to the affected eligible entity or entities directly until the violation is corrected by the State. In such a case, the Secretary may reduce funding the State would otherwise have received under section 675 or 676 (and, if necessary, deobligate such funding) for the appropriate fiscal year by an amount equal to the financial assistance provided directly by the Secretary to such eligible entity or entities. ``SEC. 685. STATE AND LOCAL FISCAL CONTROLS AND AUDITS. ``(a) Fiscal Controls, Procedures, Audits, and Inspections.--A State that receives funds under this subtitle shall-- ``(1) establish fiscal control and fund accounting procedures necessary to assure the proper disbursal of, and accounting for, Federal funds paid to the State under this subtitle, including procedures for monitoring the funds provided under this subtitle; ``(2) ensure that cost and accounting standards of the Office of Management and Budget apply to a subrecipient of the funds under this subtitle; ``(3) in accordance with subsections (b) and (c), prepare, not less than once each year, an audit of the expenditures of the State of amounts received under this subtitle; and ``(4) make appropriate books, documents, papers, and records available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for examination, copying, or mechanical reproduction, on or off the premises of the appropriate entity, upon a reasonable request for the items. ``(b) Independent Entity.--Subject to subsection (c), each audit required by subsection (a)(3) shall be conducted by an entity independent of any agency administering activities or services under this subtitle and shall be conducted in accordance with generally accepted accounting principles. ``(c) Single Audit Requirements.-- ``(1) In general.--Any audit under this subsection shall be conducted in the manner and to the extent provided in chapter 75 of title 31, United States Code (commonly known as the `Single Audit Act Amendments of 1984') except in the event a serious financial deficiency is identified. ``(2) Serious financial deficiency.--In the event that such a deficiency is identified, the Secretary shall order-- ``(A) an audit conducted as described in subsection (a); or ``(B) an audit of each of the accounts involved, in accordance with subsections (b) and (d). ``(d) Submission of Copies.--Not later than 30 days after the completion of each audit in a State as required in subsection (a)(3), the chief executive officer of the State shall submit copies of such audit, at no charge, to any eligible entity that was the subject of the audit, to the legislature of the State, and to the Secretary. ``(e) Repayments.--If the Secretary, after review of the audit, finds that a State has not expended an amount of funds in accordance with this subtitle, the Secretary is authorized to withhold funds from a State under this subtitle until the State remedies the improperly expended funds for the original purposes for which the grant funds were intended. ``(f) Response to Complaints.--The Secretary shall respond in an expeditious manner to complaints of a substantial or serious nature that a State has failed to use grant funds received under section 675 or 676 or to carry out State activities under this subtitle in accordance with the provisions of this subtitle. ``(g) Investigations.--Whenever the Secretary determines that there is a pattern of complaints regarding failures described in subsection (f) or a complaint of a serious deficiency concerning any State, the Secretary shall conduct an investigation of the use of the funds received under this subtitle by such State in order to ensure compliance with the provisions of this subtitle. ``SEC. 686. ACCOUNTABILITY AND REPORTING REQUIREMENTS. ``(a) State Accountability and Reporting Requirements.-- ``(1) Performance measurement.-- ``(A) In general.--Beginning with the first fiscal year following the transition period described in section 3 of the Community Services Block Grant Modernization Act of 2022, each State that receives funds under this subtitle shall participate, and shall ensure that all eligible entities in the State participate, in a results-oriented performance measurement system that the Secretary is satisfied meets the requirements of section 689(b)(1). ``(B) Subcontractors.--The State may elect to have subcontractors of the eligible entities under this subtitle participate in the results-oriented performance measurement system. If the State makes that election, references in this section to eligible entities shall be considered to include such subcontractors. ``(C) Eligible entity reports.--Eligible entities shall provide the results measured by their performance measurement system and such other reports as the State may require. ``(2) Annual report.--Each State receiving funds under this subtitle shall annually prepare, and submit to the Secretary by March 31 of each year, a report on the performance of the State and eligible entities in the State, including achievement with respect to performance measurements that were used by community services network organizations in the State for the previous fiscal year. Each State shall also include in the report-- ``(A) an accounting of the expenditure of funds received by the State through the community services block grant program, including an accounting of funds spent on administrative or indirect costs by the State and the eligible entities and funds spent by the eligible entities on local programs, projects, and services; ``(B) information on the number and characteristics of participants served under this subtitle in the State, based on data collected from the eligible entities; ``(C) a summary describing the training and technical assistance offered by the State under subparagraph (B) of section 679(b)(1) during the year covered by the report; ``(D) information on the total budget and activities of the eligible entities receiving subgrants from the State under this subtitle, including local and private resources available for a purpose described in section 672; and ``(E) a report on the manner in which the State and eligible entities and other recipients of funds under this subtitle have implemented results-oriented management practices based on their performance measurement systems. ``(b) Reporting Requirements.-- ``(1) Contents.--Not later than September 30 of each year, the Secretary shall, directly or by grant or contract, prepare a report including-- ``(A) the information included in the State annual reports under subsection (a)(2) for the preceding fiscal year; ``(B) a report on the performance of the Department in the preceding year regarding carrying out critical roles and responsibilities under this subtitle, including with regard to timeliness in allocating and making appropriated funds available for expenditure to States, approvals or notifications to States concerning State plans and plan revisions, and conducting assessments of States and implementation of State corrective action plans (including status of and follow-up on recommendations made in previous State assessments and corrective action plans); ``(C) a description of the training and technical assistance activities funded by the Secretary under section 682 and the results of those activities; and ``(D) a report on the Community Action Innovations Program authorized under section 682(a)(2), including a description of training and technical assistance funded by the Secretary, the rationale for projects that received support, a description of funded activities and their results, and a summary of ways in which the Program has expanded use of evidence-based practice or contributed to building the evidence base designed to reduce poverty conditions. ``(2) Submission.--The Secretary shall submit to the Committee on Education and Labor of the House of Representatives and to the Committee on Health, Education, Labor, and Pensions of the Senate the report described in paragraph (1) and any recommendations the Secretary may have with respect to such report. ``(3) Electronic data system for reports to states and eligible entities.--The Secretary, through the Department's own employees or contractors (rather than under grants, contracts, or cooperative agreements issued under section 682), shall provide technical assistance, including support for the development and maintenance of an electronic data system for the reports under this section, to the States and eligible entities to enhance the quality and timeliness of reports submitted under this subtitle. The system shall be coordinated and consistent with the data systems established for other programs of the Department that are managed by eligible entities, including all programs of the Administration for Children and Families or successor administrative units in which the office is located. ``SEC. 686A. GAO STUDY. ``Not later than 180 days after the effective date of the section, the Comptroller General of the United States shall conduct a study, and submit to the Secretary of Health and Human Service, and the committees of jurisdiction of the Congress the results of, a study of State usage and allocation of funds received under this subtitle over the previous 10-year period-- ``(1) to identify the uses, programs, and activities carried out with such funds that had the greatest impact, effectiveness, and results in achieving the purposes for which such funds were provided; ``(2) to identify best practices of States in implementing State plans and providing assistance to community action agencies to carry out activities, so that such practices can be used as models for States to follow to carry out this subtitle in the future; and ``(3) to determine with respect to such funds-- ``(A) the amount of such funds received by each State for a particular fiscal year in such 10-year period to carry out its approved State plan, that was not distributed to community action agencies and other eligible entities, and not obligated for subgrants under this subtitle, during such fiscal year; ``(B) the particular disposition by the State of the funds described in subparagraph (A) received by such State; ``(C) the amount of the funds described in subparagraph (A) received by such State that were retained by such State for allowed purposes (including payment of administrative costs to carry out this subtitle); and ``(D) the amount of the funds described in subparagraph (A) received by such State that were expended by the State for a purpose not authorized under this subtitle and identification of each such purpose. ``SEC. 687. LIMITATIONS ON USE OF FUNDS. ``(a) Construction of Facilities.-- ``(1) Limitations.--Except as provided in paragraphs (2) and (3) of this subsection and in paragraphs (2) and (3) of section 690(a), grants or subgrants made under this subtitle may not be used for the purchase or improvement of land, or the purchase, construction or permanent improvement of any building or other facility. Home repairs needed to ensure the immediate health and safety of eligible low-income individuals, including energy-related or water-related repairs, shall not be considered to be construction or permanent improvement for purposes of this section. ``(2) Waiver.--The Secretary may waive the limitation contained in paragraph (1) upon a State request for such a waiver if the Secretary finds that-- ``(A) the request describes extraordinary circumstances to justify the purchase or improvement of land, or the purchase, construction, or permanent improvement of any building or other facilities; and ``(B) permitting the waiver will contribute to the ability of the State and eligible entities to carry out a purpose described in section 672 at substantially reduced costs. ``(3) Architectural barriers to accessibility.--Grants or subgrants made under this subtitle may be used by eligible entities or Tribal grantees for making material improvements in the accessibility of the physical structures for individuals with disabilities seeking services of such entities. ``(b) Political Activities.-- ``(1) Treatment as a state or local agency.--For purposes of chapter 15 of title 5, United States Code, any entity that assumes responsibility for planning, developing, and coordinating activities under this subtitle and receives assistance under this subtitle shall be deemed to be a State or local agency. For purposes of paragraphs (1) and (2) of section 1502(a) of such title, any entity receiving assistance under this subtitle shall be deemed to be a State or local agency. ``(2) Prohibitions.--A program, project, or service assisted under this subtitle, and any individual employed by, or assigned to or in, such a program, project, or service (during the hours in which the individual is working on behalf of the program, project, or service) shall not engage in-- ``(A) any partisan or nonpartisan political activity or any political activity associated with a candidate, or contending faction or group, in an election for public or party office; or ``(B) any activity to provide voters or prospective voters with transportation to the polls or similar assistance in connection with any election. ``(3) Registration.--None of the funds appropriated to carry out this subtitle may be used to conduct voter registration activities. Nothing in this subtitle prohibits entities receiving assistance under this subtitle from making its facilities available during hours of operation for use by nonpartisan organizations to increase the number of eligible citizens who register to vote in elections for Federal office. ``(c) Nondiscrimination.-- ``(1) In general.--No person shall, on the basis of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program, project, or service funded in whole or in part with funds made available under this subtitle. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) or with respect to an otherwise qualified individual with a disability as provided in section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), or title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.), shall also apply to any such program, project, or service. ``(2) Action of secretary.--Whenever the Secretary determines that a State that has received a payment under this subtitle has failed to comply with paragraph (1) or an applicable regulation, the Secretary shall notify the chief executive officer of the State and shall request that the officer secure compliance. If within a reasonable period of time, not to exceed 60 days, the chief executive officer fails or refuses to secure compliance, the Secretary is authorized to-- ``(A) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; ``(B) exercise the powers and functions provided by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), or title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.), as may be applicable; or ``(C) take such other action as may be provided by law. ``(3) Action of attorney general.--When a matter is referred to the Attorney General pursuant to paragraph (2), or whenever the Attorney General has reason to believe that the State is engaged in a pattern or practice of discrimination in violation of the provisions of this subsection, the Attorney General may bring a civil action in any appropriate United States district court for such relief as may be appropriate, including injunctive relief. ``SEC. 688. CHILD SUPPORT SERVICES AND REFERRALS. ``During each fiscal year for which an eligible entity receives a subgrant under section 679(a), such entity shall-- ``(1) inform custodial parents or legal guardians that participate in programs, projects, or services carried out or provided under this subtitle about the availability of child support services; and ``(2) refer custodial parents or legal guardians to the child support offices of State and local governments. ``SEC. 689. REGULATIONS. ``(a) Regulations.--The Secretary shall promulgate regulations implementing this subtitle, including regulations regarding-- ``(1) State plans, including the form and information required for State plans submitted to the Secretary, and criteria for determining whether a State plan revision is to be considered a major revision; ``(2) community action plans, including the form and information required for community action plans submitted to States; ``(3) State monitoring of eligible entities; and ``(4) reports to the Secretary described in section 686. ``(b) Guidance.-- ``(1) Performance measurement.--The Secretary shall issue guidance regarding State and local performance measurement systems. Guidance may include one or more model performance measurement systems, facilitated by the Secretary, that States and eligible entities may use to measure their performance in carrying out the requirements of this subtitle and in achieving the goals of their community action plans. ``(2) Comprehensive analysis of poverty conditions.--The Secretary shall issue guidance (including models) for comprehensive community needs assessments described in section 678(e)(1). The guidance shall include methods for preparing an analysis of all poverty conditions affecting a community and of local and regional assets for alleviating such conditions. ``SEC. 690. DISCRETIONARY COMMUNITY PROGRAMS. ``(a) Grants, Contracts, Arrangements, Loans, and Guarantees.-- ``(1) In general.--The Secretary shall, from funds appropriated under section 691(b), make grants, loans, or guarantees to States and public agencies and private, nonprofit organizations, or enter into contracts or jointly financed cooperative arrangements with States and public agencies and private, nonprofit organizations (and for-profit organizations, to the extent specified in paragraph (2)(E)) for each of the objectives described in paragraphs (2) through (4). ``(2) Community economic development.-- ``(A) Economic development activities.--The Secretary shall make grants described in paragraph (1) on a competitive basis to private, nonprofit organizations that are community development corporations to provide technical and financial assistance for economic development activities designed to address the economic needs of low-income individuals and families by creating employment and business development opportunities. ``(B) Consultation.--The Secretary shall exercise the authority provided under subparagraph (A) after consultation with other relevant Federal officials. ``(C) Governing boards.--For a community development corporation to receive funds to carry out this paragraph, the corporation shall be governed by a board that shall-- ``(i) consist of residents of the community and business and civic leaders; and ``(ii) have as a principal purpose planning, developing, or managing low-income housing or community development projects. ``(D) Geographic distribution.--In making grants to carry out this paragraph, the Secretary shall take into consideration the geographic distribution of funding among States and the relative proportion of funding among rural and urban areas. ``(E) Reservation.--Of the amounts made available to carry out this paragraph, the Secretary may reserve not more than 1 percent for each fiscal year to make grants to private, nonprofit organizations or to enter into contracts with private, nonprofit, or for-profit organizations to provide technical assistance to aid community development corporations in developing or implementing activities funded to carry out this paragraph and to evaluate activities funded to carry out this paragraph. ``(3) Rural community development activities.--The Secretary shall provide the assistance described in paragraph (1) for rural community development activities, which shall include providing-- ``(A) grants to private, nonprofit organizations to enable the organizations to provide assistance concerning home repair to rural low-income families and planning and developing low-income rural rental housing units; and ``(B) grants to multi-State, regional, private, nonprofit organizations to enable the organizations to provide training and technical assistance to small, rural communities concerning meeting their community facility needs. ``(4) Broadband navigator projects.-- ``(A) Navigator project authority.--The Secretary is authorized to provide assistance described in paragraph (1) for broadband navigator projects consistent with the purposes of this Act to address the educational and economic needs of low-income individuals and communities. ``(B) Navigator grants.--The Secretary shall make grants consistent with subparagraph (A) to community action agencies and Tribal grantees to enable them to provide assistance through trained navigators to low- income individuals and communities to help facilitate access to affordable high-speed broadband service, internet-enabled devices, digital literacy training, technical support, and other services to meet the broadband and digital needs of such individuals and communities. ``(C) Priority.--Priority in the awarding of such grants under paragraph (4) shall be given to community action agencies and Tribal grantees serving underserved areas with the most significant unmet broadband and digital needs. ``(D) Technical assistance.--Of the amounts made available to carry out broadband navigator projects, the Secretary may reserve up to 5 percent for grant review, technical assistance, and evaluation. ``(b) Evaluation.--The Secretary shall require all activities receiving assistance under this section to be evaluated for their effectiveness. Funding for such evaluations shall be provided as a stated percentage of the assistance or through a separate grant or contract awarded by the Secretary specifically for the purpose of evaluation of a particular activity or group of activities. ``(c) Annual Report.--The Secretary shall compile an annual report containing a summary of the evaluations required under subsection (b) and a listing of all activities assisted under this section. The Secretary shall annually submit such report to the chairperson of the Committee on Education and Labor of the House of Representatives and the chairperson of the Committee on Health, Education, Labor, and Pensions of the Senate. ``SEC. 691. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to carry out this subtitle (excluding section 690)-- ``(1) $1,000,000,000 for each of fiscal years 2023 through 2027; and ``(2) such sums as may be necessary for fiscal years 2028 through 2032. ``(b) Discretionary Programs.--There are authorized to be appropriated to carry out section 690 such sums as may be necessary for fiscal years 2023 through 2032. ``(c) Reservations by the Secretary.--Of the amounts appropriated under subsection (a) for each fiscal year, the Secretary shall reserve-- ``(1) \1/2\ of 1 percent for carrying out section 675 (relating to grants to territories); ``(2) 2 percent for activities authorized in section 682(a)(1), of which-- ``(A) not less than 50 percent of the amount reserved by the Secretary under this paragraph shall be awarded through grants, contracts, or cooperative agreements to eligible entities, Tribal grantees, and other community services network organizations described in section 682(b), for the purpose of carrying out activities described in section 682(a)(1)(B); and ``(B) the remainder of the amount reserved by the Secretary under this paragraph may be awarded through grants, contracts, or cooperative agreements to eligible entities, Tribal grantees, and other community services network organizations described in section 682(b), or other entities with demonstrated expertise in providing training for individuals and organizations on methods of effectively addressing the needs of low- income families and communities and, if appropriate, expertise in Tribal issues; ``(3) 1 percent for the Community Action Innovations Program authorized in section 682(a)(2); and ``(4) up to $5,000,000 for each of the fiscal years 2023, 2024, and 2025, to carry out section 686(b)(3). ``SEC. 692. REFERENCES. ``A reference in any provision of law to the poverty line set forth in section 624 or 625 of the Economic Opportunity Act of 1964 shall be construed to be a reference to the poverty line defined in section 673 of this subtitle. Except as otherwise provided, any reference in any provision of law to any community action agency designated under title II of the Economic Opportunity Act of 1964 shall be construed to be a reference to an entity eligible to receive funds under the community services block grant program.''. SEC. 3. TRANSITION PERIOD. (a) Transition Period.--The Secretary of Health and Human Services shall expeditiously announce a transition period for the implementation of any changes in regulations, procedures, guidance, and reporting requirements of the Community Services Block Grant Act (42 U.S.C. 9901 et seq.) as amended by this Act, from the regulations, procedures, guidance, and reporting requirements of the Community Services Block Grant Act (42 U.S.C. 9901 et seq.) as in effect immediately before the date of enactment of this Act. (b) Federal Training.--The transition period shall include the availability of Federal training for States and eligible entities regarding compliance with new requirements under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.) as amended by this Act. (c) Timing.--The transition period described in this section-- (1) may not extend later than the date that is 3 months prior to the start of the second fiscal year after the date of enactment of the Community Services Block Grant Modernization Act of 2022; (2) notwithstanding (1), may not extend later than two years after the date of enactment of the Community Services Block Grant Modernization Act of 2022 for the issuance of final regulations implementing this subtitle; and (3) may require that certain regulations, procedures, and reporting requirements be adopted before other regulations, procedures, or reporting requirements. SEC. 4. CONFORMING AMENDMENTS. Section 306(a)(6)(C)(ii) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)(6)(C)(ii)) is amended by inserting ``or subsequent years'' after ``fiscal year 1982'' and by striking ``section 676B of the Community Services Block Grant Act'' and inserting ``section 680(c) of the Community Services Block Grant Act''. Passed the House of Representatives May 13, 2022. Attest: CHERYL L. JOHNSON, Clerk.

Community Services Block Grant Modernization Act of 2022

To amend the Community Services Block Grant Act to reauthorize and modernize the Act.

Community Services Block Grant Modernization Act of 2022 Community Services Block Grant Act Community Services Block Grant Modernization Act of 2022 Community Services Block Grant Act Community Services Block Grant Modernization Act of 2021 Community Services Block Grant Act

Rep. Bonamici, Suzanne

D

OR

S.841

Labor and Employment

Economic Mobility for Productive Livelihoods and Expanding Opportunity Act of 2021 or the EMPLEO Act This bill permits employers to participate in a wage subsidy program for eligible Puerto Rican employees. Eligible employees must be (1) U.S. citizens, (2) have Social Security numbers, and (3) certify their residency in Puerto Rico and intent to remain residents for at least the next six months. Employers who opt in must pay their eligible employees a minimum wage of $5. The Department of the Treasury then subsidizes those wages in an amount equal to 50% of the difference between $10 and the hourly wages the employees receive from their employers. For example, if a participating employer pays their eligible employees $5 hourly, the subsidy would equal $2.50 for an effective hourly wage of $7.50. Participating employers may elect advance payment of the aggregate subsidy amounts that exceed the employer's aggregate payroll taxes for the applicable period based on estimates the employer provides to Treasury. The bill treats employers who make such wage subsidy payments to eligible Puerto Rico employees as having paid payroll taxes in an amount equal to such payments.

To decrease the cost of hiring, and increase the take-home pay of, Puerto Rican workers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Mobility for Productive Livelihoods and Expanding Opportunity Act of 2021'' or the ``EMPLEO Act''. SEC. 2. FEDERAL MINIMUM WAGE REQUIREMENT FOR ELIGIBLE PUERTO RICO EMPLOYEES. Section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)) is amended-- (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (2) by inserting after paragraph (1) the following: ``(2) if such employee is an eligible Puerto Rico employee, as defined in section 6431(c) of the Internal Revenue Code of 1986, who receives a qualified wage subsidy payment under section 6431 of such Code from a participating employer, $5.00 an hour (as determined without regard to the qualified wage subsidy payment);''. SEC. 3. WAGE SUBSIDY FOR PUERTO RICO WORKERS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6431. WAGE SUBSIDY FOR PUERTO RICO WORKERS. ``(a) In General.--In the case of a participating employer which makes qualified wage subsidy payments to eligible Puerto Rico employees, such participating employer shall be treated for purposes of this title as having paid to the Secretary, on the date any such qualified wage subsidy payment is paid, payroll taxes in an amount equal to such wage subsidy payment. ``(b) Participating Employer.-- ``(1) In general.--For purposes of this section, the term `participating employer' means an employer which-- ``(A) elects the application of this section, ``(B) makes qualified wage subsidy payments to all eligible Puerto Rico employees of such employer, ``(C) provides to each eligible Puerto Rico employee (in such form and manner as the Secretary shall by regulations prescribe) information about the amount of qualified wage subsidy payments paid to such employee at the time such payments are made, and ``(D) in the case of an employer which elects to receive an advance payment under subsection (g), provides to the Secretary the information described in paragraph (2) not later than 30 days before the beginning of the applicable period. ``(2) Information required.--The information required under this paragraph is the following: ``(A) An estimate of the number of workers who will be employed by the participating employer for the applicable period. ``(B) An estimate of the payroll taxes (determined without regard to any increase in tax under section 3111 by reason of subsection (g)(2)) that will be paid by the participating employer with respect to all employees for such applicable period. ``(C) An estimate of the number of eligible Puerto Rico employees who will be employed by the participating employer for such applicable period and the hourly rate of pay for each such employee (determined without regard to any qualified wage subsidy payment). ``(D) An estimate of the aggregate amount of qualified wage subsidy payments that will be paid by such employer to eligible Puerto Rico employees for such applicable period. ``(3) Failure to make subsidy payments.--For purposes of this title (including penalties), the failure by any employer which makes an election under paragraph (1)(A) to make any qualified wage subsidy payment at the time provided therefor shall be treated as the failure at such time to deduct and withhold under section 3102 an amount equal to the amount of such qualified wage subsidy payment. ``(c) Eligible Puerto Rico Employee.--For purposes of this section, the term `eligible Puerto Rico employee' means, with respect to any calendar year, any individual who-- ``(1) is a citizen of the United States, ``(2) has a social security number issued to the individual by the Social Security Administration, and ``(3) certifies, in such form and manner as provided by the Secretary, to the employer that such individual is a resident of Puerto Rico and intends to remain a resident of Puerto Rico for not less than the next 6 months. ``(d) Qualified Wage Subsidy Payment.--For purposes of this section-- ``(1) In general.--The term `qualified wage subsidy payment' means, with respect to any eligible Puerto Rico employee for any period, a payment equal to 50 percent of the excess (if any) of-- ``(A) the median hourly wage for Puerto Rico, over ``(B) the hourly wage paid to the eligible Puerto Rico employee. ``(2) Median hourly wage for puerto rico.--For purposes of paragraph (1)(A), the median hourly wage for Puerto Rico is-- ``(A) $10 for calendar years 2022 and 2023, and ``(B) for any calendar year beginning after 2023, the amount determined by the Bureau of Labor Statistics based on the most recent data available as of 30 days before the start of such calendar year. ``(3) Determination of hourly wage.--For purposes of paragraph (1)(B)-- ``(A) In general.--The hourly wage of any employee shall be determined without regard to any qualified wage subsidy payment under this section. ``(B) Period.--Each hour at which an eligible Puerto Rico employee performs services for a different rate of pay shall be treated as a separate period. ``(C) Salaried employees.--In the case of a salaried employee, the hourly wage for such employee for any period shall be determined by dividing the annual rate of pay for such period by 2,080. ``(e) Payroll Taxes.--For purposes of this section, the term `payroll taxes' means-- ``(1) amounts required to be deducted for the payroll period under section 3102 (relating to FICA employee taxes), and ``(2) amounts of the taxes imposed for the payroll period under section 3111 (relating to FICA employer taxes). ``(f) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Applicable period.--For purposes of this section, the term `applicable period' means-- ``(A) except as provided in subparagraph (B), a calendar quarter, and ``(B) in the case of any employer which files returns for payroll taxes less frequently than quarterly, such period as determined by the Secretary under regulations. ``(2) Wage subsidy payments in excess of payroll tax liability.--To the extent that the amount treated as paid under subsection (a) exceeds the amount of such person's liability for payroll taxes, the Secretary shall credit and refund such excess in the same manner as if it were an overpayment of such taxes. ``(g) Advanced Payments for Certain Participating Employers.-- ``(1) In general.--In the case of a participating employer which elects the application of this subsection, the Secretary shall pay to such participating employer, not later than the first day of the applicable period, an amount equal to the excess of-- ``(A) the aggregate amount of qualified wage subsidy payments for such applicable period (as determined based on estimates submitted under subsection (b)(2)), exceeds ``(B) the aggregate amount of payroll taxes (determined without regard to any increase in tax under section 3111 by reason of paragraph (2) and based on estimates submitted under subsection (b)(2)) for such applicable period. ``(2) Treatment of payments.--For purposes of this title, the amount of taxes imposed under section 3111 on any participating employer for any calendar quarter shall be increased by an amount equal to any payment made under paragraph (1) with respect to such calendar quarter.''. (b) Social Security Trust Funds Held Harmless.--In determining the amount of any amount transferred or appropriated to any fund under the Social Security Act, section 6431 of the Internal Revenue Code of 1986 shall not be taken into account. (c) Conforming Amendment.--The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 6431. Wage subsidy for Puerto Rico workers.''. (d) Other Provisions.-- (1) Reporting of wage subsidy information.--Section 6051(a) of the Internal Revenue Code of 1986 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) in the case of an eligible Puerto Rico employee (as defined in section 6431), the amount of any qualified wage subsidy payment paid to such employee.''. (2) Penalty for failure to provide information to employees.--Section 6652 of such Code is amended by adding at the end the following new subsection: ``(q) Failure To Report Wage Subsidy Information to Employees.--In the case of a failure to provide the information required under section 6431(b)(1)(C) at the time required for providing such information, there shall be paid (upon notice and demand by the Secretary and in the same manner as tax) by the person failing to provide such information, an amount equal to $50 for each such failure. In the case of any failure due to negligence or intentional disregard, the preceding sentence shall be applied by substituting `$100' for `$50'.''. (e) Effective Date.--The amendments made by this section shall apply to wages paid after December 31, 2021. <all>

EMPLEO Act

A bill to decrease the cost of hiring, and increase the take-home pay of, Puerto Rican workers.

EMPLEO Act Economic Mobility for Productive Livelihoods and Expanding Opportunity Act of 2021

Sen. Rubio, Marco

R

FL

H.R.3593

Science, Technology, Communications

Department of Energy Science for the Future Act This bill supports specified research and development activities of the Department of Energy (DOE) Office of Science. The bill establishes various programs, including The DOE Office of Science shall continue to leverage U.S. participation in the Large Hadron Collider and prioritize expanding international partnerships and investments in the Long-Baseline Neutrino Facility and Deep Underground Neutrino Experiment. DOE shall support construction of a Facility for Rare Isotope Beams to advance the understanding of rare nuclear isotopes and the evolution of the cosmos. DOE shall expand opportunities to increase the number, diversity, equity, and inclusion of highly skilled science, technology, engineering, and mathematics (STEM) professionals working in DOE mission-relevant disciplines and broaden the recruitment pool to increase diversity, including expanded partnerships with Historically Black Colleges, Tribal Colleges, Minority Serving Institutions, emerging research institutions, and scientific societies. DOE shall establish within the DOE Office of Science, a cross-cutting research initiative to leverage the federal government's innovative analytical resources and tools, user facilities, and advanced computational and networking capabilities in order to prevent, prepare for, and respond to emerging infectious diseases, including COVID-19. DOE may not carry out gain-of-function research of concern.

To provide guidance for and investment in the research and development activities of the Department of Energy Office of Science, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Energy Science for the Future Act''. SEC. 2. MISSION OF THE OFFICE OF SCIENCE. Section 209 of the Department of Energy Organization Act (42 U.S.C. 7139) is amended by adding at the end the following: ``(d) User Facilities.--The Director shall carry out the construction, operation, and maintenance of user facilities to support the mission described in subsection (c). As practicable, these facilities shall serve the needs of the Department, industry, the academic community, and other relevant entities for the purposes of advancing the missions of the Department, improving the competitiveness of the United States, protecting public health and safety, and addressing other national priorities including emergencies. ``(e) Coordination.-- ``(1) In general.--The Secretary-- ``(A) shall ensure the coordination of the Office of Science with the other activities of the Department; ``(B) shall support joint activities among the programs of the Department; ``(C) shall coordinate with other relevant Federal agencies in supporting advancements in related research areas as appropriate; and ``(D) may form partnerships to enhance the utilization of and ensure access to user facilities by other Federal agencies. ``(2) Office of science.--The Director-- ``(A) shall ensure the coordination of programs and activities carried out by the Office of Science; and ``(B) shall direct all programs which have not recently completed a future planning roadmap consistent with the funding of such programs authorized under the Department of Energy Science for the Future Act to complete such a roadmap.''. SEC. 3. BASIC ENERGY SCIENCES PROGRAM. (a) Department of Energy Research and Innovation Act.--Section 303 of the Department of Energy Research and Innovation Act (42 U.S.C. 18641) is amended-- (1) by redesignating subsections (a) through (e) as subsections (c) through (g), respectively; and (2) by inserting before subsection (c), as so redesignated, the following: ``(a) Program.--As part of the activities authorized under section 209 of the Department of Energy Organization Act (42 U.S.C. 7139), the Director shall carry out a research and development program in basic energy sciences, including materials sciences and engineering, chemical sciences, physical biosciences, geosciences, and other disciplines, to understand, model, and control matter and energy at the electronic, atomic, and molecular levels in order to provide the foundations for new energy technologies, address scientific grand challenges, and support the energy, environment, and national security missions of the Department. ``(b) Sustainable Chemistry.--In carrying out chemistry-related research and development activities under this section, the Director shall prioritize research and development of sustainable chemistry to support clean, safe, and economic alternatives and methodologies to traditional chemical products and processes.''; (3) in subsection (d), as so redesignated-- (A) in paragraph (3)-- (i) subparagraph (C), by striking ``and'' at the end; (ii) by redesignating subparagraph (D) as subparagraph (E); and (iii) by inserting after subparagraph (C) the following: ``(D) autonomous chemistry and materials synthesis and characterization facilities that leverage advances in artificial intelligence; and''; and (B) by adding at the end the following: ``(4) Advanced photon source upgrade.-- ``(A) Definitions.--In this paragraph: ``(i) Flux.--The term `flux' means the rate of flow of photons. ``(ii) Hard x-ray.--The term `hard x-ray' means a photon with energy greater than 20 kiloelectron volts. ``(B) In general.--The Secretary shall provide for the upgrade to the Advanced Photon Source described in the publication approved by the Basic Energy Sciences Advisory Committee on June 9, 2016, titled `Report on Facility Upgrades', including the development of a multi-bend achromat lattice to produce a high flux of coherent x-rays within the hard x-ray energy region and a suite of beamlines optimized for this source. ``(C) Start of operations.--The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the upgrade under this paragraph occurs before March 31, 2026. ``(D) Funding.--Out of funds authorized to be appropriated under subsection (j), there shall be made available to the Secretary to carry out the upgrade under this paragraph $101,000,000 for fiscal year 2022 and $56,000,000 for fiscal year 2023. ``(5) Spallation neutron source proton power upgrade.-- ``(A) In general.--The Secretary shall provide for the proton power upgrade to the Spallation Neutron Source. ``(B) Proton power upgrade defined.--For the purposes of this paragraph, the term `proton power upgrade' means the Spallation Neutron Source power upgrade described in-- ``(i) the publication titled `Facilities for the Future of Science: A Twenty-Year Outlook', published by the Office of Science of the Department of Energy in December, 2003; ``(ii) the publication titled `Four Years Later: An Interim Report on Facilities for the Future of Science: A Twenty-Year Outlook', published by the Office of Science of the Department of Energy in August, 2007; and ``(iii) the publication approved by the Basic Energy Sciences Advisory Committee on June 9, 2016, titled `Report on Facility Upgrades'. ``(C) Start of operations.--The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the upgrade under this paragraph occurs before July 30, 2028, with the option for early operation in 2025. ``(D) Funding.--Out of funds authorized to be appropriated under subsection (j), there shall be made available to the Secretary to carry out the upgrade under this paragraph $49,800,000 for fiscal year 2022. ``(6) Spallation neutron source second target station.-- ``(A) In general.--The Secretary shall provide for a second target station for the Spallation Neutron Source. ``(B) Second target station defined.--For the purposes of this paragraph, the term `second target station' means the Spallation Neutron Source second target station described in-- ``(i) the publication titled, `Facilities for the Future of Science: A Twenty-Year Outlook', published by the Office of Science of the Department of Energy in December, 2003; ``(ii) the publication titled, `Four Years Later: An Interim Report on Facilities for the Future of Science: A Twenty-Year Outlook', published by the Office of Science of the Department of Energy in August, 2007; and ``(iii) the publication approved by the Basic Energy Sciences Advisory Committee on June 9, 2016, titled `Report on Facility Upgrades'. ``(C) Start of operations.--The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the second target station under this paragraph occurs before December 31, 2033, with the option for early operation in 2029. ``(D) Funding.--Out of funds authorized to be appropriated under subsection (j), there shall be made available to the Secretary to carry out the activities under this paragraph, including construction-- ``(i) $70,000,000 for fiscal year 2022; ``(ii) $127,000,000 for fiscal year 2023; ``(iii) $204,000,000 for fiscal year 2024; ``(iv) $279,000,000 for fiscal year 2025; and ``(v) $300,000,000 for fiscal year 2026. ``(7) Advanced light source upgrade.-- ``(A) Definitions.--In this paragraph: ``(i) Flux.--The term `flux' means the rate of flow of photons. ``(ii) Soft x-ray.--The term `soft x-ray' means a photon with energy in the range from 50 to 2,000 electron volts. ``(B) In general.--The Secretary shall provide for the upgrade to the Advanced Light Source described in the publication approved by the Basic Energy Sciences Advisory Committee on June 9, 2016, titled `Report on Facility Upgrades', including the development of a multibend achromat lattice to produce a high flux of coherent x-rays within the soft x-ray energy region. ``(C) Start of operations.--The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the upgrade under this paragraph occurs before September 30, 2029. ``(D) Funding.--Out of funds authorized to be appropriated under subsection (j), there shall be made available to the Secretary to carry out the upgrade under this paragraph-- ``(i) $75,100,000 for fiscal year 2022; ``(ii) $135,000,000 for fiscal year 2023; ``(iii) $102,500,000 for fiscal year 2024; ``(iv) $25,000,000 for fiscal year 2025; and ``(v) $25,000,000 for fiscal year 2026. ``(8) Linac coherent light source ii high energy upgrade.-- ``(A) Definitions.--In this paragraph: ``(i) High energy x-ray.--The term `high energy x-ray' means a photon with an energy in the 5 to 13 kiloelectron volt range. ``(ii) High repetition rate.--The term `high repetition rate' means the delivery of x- ray pulses up to 1 million pulses per second. ``(iii) Ultra-short pulse x-rays.--The term `ultra-short pulse x-rays' means x-ray bursts capable of durations of less than 100 femtoseconds. ``(B) In general.--The Secretary shall-- ``(i) provide for the upgrade to the Linac Coherent Light Source II facility described in the publication approved by the Basic Energy Sciences Advisory Committee on June 9, 2016, titled `Report on Facility Upgrades', including the development of experimental capabilities for high energy x-rays to reveal fundamental scientific discoveries; and ``(ii) ensure such upgrade enables the production and use of high energy, ultra-short pulse x-rays delivered at a high repetition rate. ``(C) Start of operations.--The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the upgrade under this paragraph occurs before December 31, 2026. ``(D) Funding.--Out of funds authorized to be appropriated under subsection (j), there shall be made available to the Secretary to carry out the upgrade under this paragraph-- ``(i) $106,925,000 for fiscal year 2022; ``(ii) $125,925,000 for fiscal year 2023; ``(iii) $115,000,000 for fiscal year 2024; ``(iv) $89,000,000 for fiscal year 2025; and ``(v) $49,344,000 for fiscal year 2026. ``(9) Cryomodule repair and maintenance facility.-- ``(A) In general.--The Secretary shall provide for the construction of a cryomodule repair and maintenance facility to service the Linac Coherent Light Source II and upgrades to the facility. The Secretary shall consult with the private sector, universities, National Laboratories, and relevant Federal agencies to ensure that this facility has the capability to maintain, repair, and test superconducting radiofrequency accelerator components. ``(B) Funding.--Out of funds authorized to be appropriated under subsection (j), there shall be made available to the Secretary to carry out the activities under this paragraph-- ``(i) $19,000,000 for fiscal year 2022; ``(ii) $25,000,000 for fiscal year 2023; ``(iii) $25,000,000 for fiscal year 2024; and ``(iv) $17,000,000 for fiscal year 2025. ``(10) Nanoscale science research center recapitalization project.-- ``(A) In general.--The Secretary shall provide for the recapitalization of the Nanoscale Science Research Centers, to include the upgrade of equipment at each Center supported by the Office of Science on the date of enactment of the Department of Energy Science for the Future Act, to accelerate advances in the various fields of science including nanoscience, materials, chemistry, biology, and quantum information science. ``(B) Funding.--Out of funds authorized to be appropriated under subsection (j), there shall be made available to the Secretary to carry out the recapitalization under this paragraph-- ``(i) $20,000,000 for fiscal year 2022; ``(ii) $30,000,000 for fiscal year 2023; ``(iii) $20,000,000 for fiscal year 2024; and ``(iv) $20,000,000 for fiscal year 2025.''; and (4) by adding at the end the following: ``(h) Computational Materials and Chemical Sciences.-- ``(1) In general.--The Director shall support a program of research and development for the application of advanced computing practices to foundational and emerging research problems in chemistry and materials science. Research activities shall include-- ``(A) chemical catalysis research and development; ``(B) the use of large data sets to model materials phenomena, including through advanced characterization of materials, materials synthesis, processing, and innovative use of experimental and theoretical data; ``(C) co-design of chemical system and chemistry modeling software with advanced computing systems and hardware technologies; and ``(D) modeling of chemical processes, assemblies, and reactions such as molecular dynamics and quantum chemistry, including through novel computing methods. ``(2) Computational materials and chemical sciences centers.-- ``(A) In general.--In carrying out the activities authorized under paragraph (1), the Director shall select and establish up to six computational materials and chemical sciences centers to-- ``(i) develop open-source, robust, and validated computational codes and user-friendly software, coupled with innovative use of experimental and theoretical data, to enable the design, discovery, and development of new materials and chemical systems; and ``(ii) focus on overcoming challenges and maximizing the benefits of exascale and other high performance computing underpinned by accelerated node technologies. ``(B) Selection.--The Director shall select centers under subparagraph (A) on a competitive, merit-reviewed basis. The Director shall consider applications from the National Laboratories, institutes of higher education, multi-institutional collaborations, and other appropriate entities. ``(C) Duration.-- ``(i) A center selected under subparagraph (A) shall receive support for a period of not more than 5 years beginning on the date of establishment of that center, subject to the availability of appropriations. ``(ii) A center already in existence on the date of enactment of the Department of Energy Science for the Future Act may continue to receive support for a period of not more than 5 years beginning on the date of establishment of that center. ``(D) Renewal.--Upon the expiration of any period of support of a center under this subsection, the Director may renew support for the center, on a merit- reviewed basis, for a period of not more than 5 years. ``(E) Termination.--Consistent with the existing authorities of the Department, the Director may terminate an underperforming center for cause during the performance period. ``(i) Materials Research Database.-- ``(1) In general.--The Director shall support the development of a web-based platform to develop and provide access to a database of computed information on known and predicted materials properties and computational tools to accelerate breakthroughs in materials discovery and design. ``(2) Program.--In carrying out this subsection, the Director shall-- ``(A) conduct cooperative research with industry, academia, and other research institutions to advance understanding, prediction, and manipulation of materials and facilitate the design of novel materials; ``(B) develop and maintain data infrastructure at user facilities that generate data to collect, analyze, label, and otherwise prepare the data for inclusion in the database; ``(C) leverage existing high performance computing systems to conduct high throughput calculations, and develop computational and data mining algorithms for the prediction of material properties; ``(D) strengthen the foundation for new technologies and advanced manufacturing; and ``(E) drive the development of advanced materials for applications that span the Department's missions in energy, environment, and national security. ``(3) Coordination.--In carrying out this subsection, the Director shall leverage programs and activities across the Department, including computational materials and chemical sciences centers established under subsection (h). ``(4) Funding.--Out of funds authorized to be appropriated under subsection (j), there shall be made available to the Secretary to carry out activities under this subsection $10,000,000 for each of the fiscal years 2022 through 2026. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out the activities described in this section-- ``(1) $2,727,705,000 for fiscal year 2022; ``(2) $2,828,896,600 for fiscal year 2023; ``(3) $3,019,489,612 for fiscal year 2024; ``(4) $3,161,698,885 for fiscal year 2025; and ``(5) $3,291,651,600 for fiscal year 2026.''. (b) Artificial Photosynthesis.--Section 973 of the Energy Policy Act of 2005 (42 U.S.C. 16313) is amended-- (1) in subsection (b), by striking paragraph (4) and inserting: ``(4) Funding.--From within funds authorized to be appropriated for Basic Energy Sciences, the Secretary shall make available for carrying out activities under this subsection $50,000,000 for each of fiscal years 2022 through 2026.''; and (2) in subsection (c), by striking paragraph (4) and inserting: ``(4) Funding.--From within funds authorized to be appropriated in section 316 of the Department of Energy Research and Innovation Act, the Secretary shall make available for carrying out activities under this subsection $50,000,000 for each of fiscal years 2022 through 2026.''. (c) Electricity Storage Research Initiative.--Section 975 of the Energy Policy Act of 2005 (42 U.S.C. 16315) is amended-- (1) in subsection (b), by striking paragraph (4) and inserting: ``(4) Funding.--From within funds authorized to be appropriated for Basic Energy Sciences, the Secretary shall make available for carrying out activities under this subsection $50,000,000 for each of fiscal years 2022 through 2026.''; (2) in subsection (c), by striking paragraph (4) and inserting: ``(4) Funding.--From within funds authorized to be appropriated in section 316 of the Department of Energy Research and Innovation Act, the Secretary shall make available for carrying out activities under this subsection $50,000,000 for each of fiscal years 2022 through 2026.''; and (3) in subsection (d), by striking paragraph (4) and inserting: ``(4) Funding.--From within funds authorized to be appropriated in section 316 of the Department of Energy Research and Innovation Act, the Secretary shall make available for carrying out activities under this subsection $20,000,000 for each of fiscal years 2022 through 2026.''. SEC. 4. BIOLOGICAL AND ENVIRONMENTAL RESEARCH. (a) Program; Biological Systems; Biomolecular Characterization and Imaging Science.--Section 306 of the Department of Energy Research and Innovation Act (42 U.S.C. 18644) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) Program.--As part of the duties of the Director authorized under section 209 of the Department of Energy Organization Act (42 U.S.C. 7139), and coordinated with the activities authorized under sections 303 and 304 of this Act, the Director shall carry out a program of research and development in the areas of biological systems science and climate and environmental science, including subsurface science, relevant to the development of new energy technologies and to support the energy, environmental, and national security missions of the Department. ``(b) Biological Systems.--The Director shall carry out research and development activities in genomic science including fundamental research on plants and microbes to increase systems-level understanding of the complex biological systems, which may include activities to-- ``(1) accelerate breakthroughs and new knowledge that would enable the cost-effective, sustainable production of-- ``(A) biomass-based liquid transportation fuels; ``(B) bioenergy; and ``(C) biobased materials from renewable biomass; ``(2) improve fundamental understanding of plant and microbial processes impacting the global carbon cycle, including processes for removing carbon dioxide from the atmosphere, through photosynthesis and other biological processes, for sequestration and storage; ``(3) understand the microbiome mechanisms used to transform, immobilize, or remove contaminants from subsurface environments; ``(4) develop the computational approaches and integrated platforms for open access collaborative science; ``(5) leverage tools and approaches across the Office of Science to expand research to include novel processes, methods, and science to develop bio-based chemicals, polymers, inorganic materials, including research to-- ``(A) advance biosystems design research to advance the understanding of how CRISPR tools and other gene editing tools and technologies work in nature, in the laboratory, and in practice; ``(B) deepen genome-enabled knowledge of root architecture and growth in crops, including trees; and ``(C) develop biosystems design methods and tools to increase the efficiency of photosynthesis in plants; and ``(6) develop other relevant methods and processes as determined by the Director. ``(c) Biomolecular Characterization and Imaging Science.--The Director shall carry out research and development activities in biomolecular characterization and imaging science, including development of integrative imaging and analysis platforms and biosensors to understand the expression, structure, and function of genome information encoded within cells and for real-time measurements in ecosystems and field sites of relevance to the mission of the Department of Energy.''; and (2) by redesignating subsections (b) through (d) as subsections (d) through (f), respectively. (b) Bioenergy Research Centers.--Section 977(f) of the Energy Policy Act of 2005 (42 U.S.C. 16317(f)) is amended to read as follows: ``(f) Bioenergy Research Centers.-- ``(1) In general.--In carrying out the program under section 306(a) of the Department of Energy Research and Innovation Act (42 U.S.C. 18644(a)), the Director shall support up to six bioenergy research centers to conduct fundamental research in plant and microbial systems biology, biological imaging and analysis, and genomics, and to accelerate advanced research and development of biomass-based liquid transportation fuels, bioenergy, or biobased materials, chemicals, and products that are produced from a variety of regionally diverse feedstocks, and to facilitate the translation of research results to industry. The activities of the centers authorized under this subsection may include-- ``(A) accelerating the domestication of bioenergy- relevant plants, microbes, and associated microbial communities to enable high-impact, value-added coproduct development at multiple points in the bioenergy supply chain; ``(B) developing the science and technological advances to ensure process sustainability is considered in the creation of biofuels and bioproducts from lignocellulose; and ``(C) using the latest tools in genomics, molecular biology, catalysis science, chemical engineering, systems biology, and computational and robotics technologies to sustainably produce and transform biomass into biofuels and bioproducts. ``(2) Selection and duration.-- ``(A) In general.--A center established under paragraph (1) shall be selected on a competitive, merit-reviewed basis for a period of not more than 5 years, subject to the availability of appropriations, beginning on the date of establishment of that center. ``(B) Applications.--The Director shall consider applications from National Laboratories, multi- institutional collaborations, and other appropriate entities. ``(C) Existing centers.--A center already in existence on the date of enactment of the Department of Energy Science for the Future Act may continue to receive support for a period of not more than 5 years beginning on the date of establishment of that center. ``(3) Renewal.--After the end of either period described in paragraph (2), the Director may renew support for the center for a period of not more than 5 years on a merit-reviewed basis. For a center in operation for 10 years after its previous selection on a competitive, merit-reviewed basis, the Director may renew support for the center on a competitive, merit-reviewed basis for a period of not more than 5 years, and may subsequently provide an additional renewal on a merit- reviewed basis for a period of not more than 5 years. ``(4) Termination.--Consistent with the existing authorities of the Department, the Director may terminate an underperforming center for cause during the performance period. ``(5) Activities.--Centers shall undertake research activities to accelerate the production of biofuels and bioproducts from advanced biomass resources by identifying the most suitable species of plants for use as energy crops; and improving methods of breeding, propagation, planting, producing, harvesting, storage and processing. Activities may include the following: ``(A) Research activities to increase sustainability, including-- ``(i) advancing knowledge of how bioenergy crop interactions with biotic and abiotic environmental factors influence crop growth, yield, and quality; ``(ii) identifying the most impactful research areas that address the economics of biofuels and bioproducts production; and ``(iii) utilizing multiscale modeling to advance predictive understanding of biofuel cropping ecosystems. ``(B) Research activities to further feedstock development, including lignocellulosic, algal, gaseous wastes including carbon oxides and methane, and direct air capture of single carbon gases via plants and microbes, including-- ``(i) developing genetic and genomic tools, high-throughput analytical tools, and biosystems design approaches to enhance bioenergy feedstocks and their associated microbiomes; ``(ii) conducting field testing of new potential bioenergy feedstock crops under environmentally benign and geographically diverse conditions to assess viability and robustness; and ``(iii) developing quantitative models informed by experimentation to predict how bioenergy feedstocks perform under diverse conditions. ``(C) Research activities to improve lignocellulosic deconstruction and separation methods, including-- ``(i) developing feedstock-agnostic deconstruction processes capable of efficiently fractionating biomass into targeted output streams; ``(ii) gaining a detailed understanding of plant cell wall biosynthesis, composition, structure, and properties during deconstruction; and ``(iii) improving enzymes and approaches for biomass breakdown and cellulose, hemicellulose, and lignin processing. ``(D) Research activities to improve the feedstock conversion process for advanced biofuels and bioproducts, including-- ``(i) developing high-throughput methods to screen or select high-performance microbial strains and communities to improve product formation rates, yields, and selectivity; ``(ii) establishing a broad set of platform microorganisms and microbial communities suitable for metabolic engineering to produce biofuels and bioproducts, as well as high- throughput methods for experimental validation of gene function; ``(iii) developing techniques to enhance microbial robustness for tolerating toxins to improve biofuel and bioproduct yields and to gain a better understanding of the cellular and molecular bases of tolerance for major chemical classes of inhibitors found in these processes; ``(iv) advancing technologies for the use of batch, continuous, as well as consolidated bioprocessing; ``(v) identifying, creating, and optimizing microbial and chemical pathways to produce promising, atom-economical intermediates and final bioproducts from biomass with considerations given to environmentally benign processes; ``(vi) developing high-throughput, real- time, in situ analytical techniques to understand and characterize the pre- and post- bioproduct separation streams in detail; ``(vii) creating methodologies for efficiently identifying viable target molecules, identifying high-value bioproducts in existing biomass streams, and utilizing current byproduct streams; ``(viii) identifying and improving plant feedstocks with enhanced extractable levels of desired bioproducts or bioproduct precursors, including lignin streams; and ``(ix) developing integrated biological and chemical catalytic approaches to valorize and produce a diverse portfolio of advanced fuels and bioproducts. ``(6) Industry partnerships.--Centers shall establish industry partnerships to translate research results to commercial applications. ``(7) Coordination.--In coordination with the Bioenergy Technologies Office of the Department, the Director shall support interdisciplinary research activities to improve the capacity, efficiency, resilience, security, reliability, and affordability, of the production and use of biofuels and bioproducts, as well as activities to enable positive impacts and avoid the potential negative impacts that the production and use of biofuels and bioproducts may have on ecosystems, people, and historically marginalized communities.''. (c) Low-Dose Radiation Research Program.--Section 306(e)(8) of the Department of Energy Research and Innovation Act (42 U.S.C. 18644(e)(8)), as redesignated under subsection (a), is amended-- (1) in subparagraph (C), by striking ``and''; (2) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(E) $40,000,000 for fiscal year 2025; and ``(F) $50,000,000 for fiscal year 2026.''. (d) Low-Dose Radiation and Space Radiation Research Program.-- Section 306(f) of the Department of Energy Research and Innovation Act (42 U.S.C. 18644(d)), as redesignated under subsection (a), is amended to read as follows: ``(f) Low-Dose Radiation and Space Radiation Research Program.-- ``(1) In general.--The Secretary of Energy, in consultation with the Administrator of the National Aeronautics and Space Administration, shall carry out a basic research program on the similarities and differences between the effects of exposure to low-dose radiation on Earth, in low Earth orbit, and in the space environment. ``(2) Purpose.--The purpose of this program is to accelerate breakthroughs in low-dose and low dose-rate radiation research and development as described in subsection (e) and to inform the advancement of new tools, technologies, and advanced materials needed to facilitate long-duration space exploration.''. (e) Climate, Environmental Science, and Other Activities.--Section 306 of the Department of Energy Research and Innovation Act (42 U.S.C. 18644) is further amended by adding at the end the following: ``(g) Earth and Environmental Systems Sciences Activities.-- ``(1) In general.--As part of the activities authorized under subsection (a), and in coordination with activities carried out under subsection (b), the Director shall carry out earth and environmental systems science research, in consultation with the National Oceanic and Atmospheric Administration and other relevant agencies, which may include activities to-- ``(A) understand, observe, and model the response of Earth's atmosphere and biosphere to increased concentrations of greenhouse gas emissions and any associated changes in climate, including frequency and intensity of extreme weather events; ``(B) understand the coupled physical, chemical, and biological processes to transform, immobilize, remove, or move carbon, nitrogen, and other energy production-derived contaminants such as radionuclides and heavy metals, and understand the process of sequestration and transformation of these, carbon dioxide, and other relevant molecules in subsurface environments; ``(C) understand, observe, and model the cycling of water, carbon, and nutrients in terrestrial systems and at scales relevant to resources management; ``(D) understand the biological, biogeochemical, and physical processes across the multiple scales that control the flux of environmentally relevant compounds between the terrestrial surface and the atmosphere; and ``(E) inform potential natural mitigation and adaptation options for increased concentrations of greenhouse gas emissions and any associated changes in climate. ``(2) Prioritization.--In carrying out the program authorized under paragraph (1), the Director shall prioritize-- ``(A) the development of software and algorithms to enable the productive application of environmental systems and extreme weather in climate and Earth system prediction models in high-performance computing systems; and ``(B) capabilities that support the Department's mission needs for energy and infrastructure security, resilience, and reliability. ``(3) Environmental systems science research.-- ``(A) In general.--As part of the activities described in paragraph (1), the Director shall carry out research to advance an integrated, robust, and scale-aware predictive understanding of environmental systems, including the role of hydrobiogeochemistry, from the subsurface to the top of the vegetative canopy that considers effects of seasonal to interannual variability and change. ``(B) Clean water and watershed research.--As part of the activities described in subparagraph (A), the Director shall-- ``(i) support interdisciplinary research to significantly advance our understanding of water availability, quality, and the impact of human activity and a changing climate on urban and rural watershed systems, including in freshwater environments; ``(ii) consult with the Interagency Research, Development, and Demonstration Coordination Committee on the Nexus of Energy and Water for Sustainability established under section 1010 of the Energy Act of 2020 (division Z of the Consolidated Appropriations Act, 2021 (Public Law 116-260)) on energy-water nexus research activities; and ``(iii) engage with representatives of research and academic institutions, nonprofit organizations, State, local, and tribal governments, and industry, who have expertise in technologies, technological innovations, or practices relating to the energy-water nexus, as applicable. ``(C) Coordination.-- ``(i) Director.--The Director shall carry out activities under this paragraph in accordance with priorities established by the Secretary to support and accelerate the decontamination of relevant facilities managed by the Department. ``(ii) Secretary.--The Secretary shall ensure the coordination of activities of the Department, including activities under this paragraph, to support and accelerate the decontamination of relevant facilities managed by the Department. ``(4) Climate and earth modeling.--As part of the activities described in paragraph (1), the Director, in collaboration with the Advanced Scientific Computing Research program described in section 304 and other programs carried out by the Department, as applicable, and in consultation with the National Oceanic and Atmospheric Administration and other relevant agencies, shall carry out research to develop, evaluate, and use high-resolution regional climate, global climate, Earth system, and other relevant models to inform decisions on reducing greenhouse gas emissions and the resulting impacts of a changing global climate. Such modeling shall include-- ``(A) integrated capabilities for modeling multisectoral interactions, including socioeconomic factors as appropriate, which may include the impacts of climate policies on social and regional equity and well-being, and the interdependencies and risks at the energy-water-land nexus; ``(B) greenhouse gas emissions, air quality, energy supply and demand, and other critical elements; and ``(C) interaction among human and Earth systems informed by interdisciplinary research, including the economic and social sciences. ``(5) Mid-scale funding mechanism.-- ``(A) In general.--Any of the activities authorized in this subsection may be carried out by competitively selected mid-scale, multi-institutional research centers in lieu of individual research grants, or large-scale experiments or user facilities. ``(B) Consideration.--The Biological and Environmental Research Advisory Committee shall provide recommendations to the Director on projects most suitable for the research centers described in subparagraph (A). ``(h) Biological and Environmental Research User Facilities.-- ``(1) In general.--The Director shall carry out a program for the development, construction, operation, and maintenance of user facilities to enhance the collection and analysis of observational data related to complex biological, climate, and environmental systems. ``(2) Facility requirements.--To the maximum extent practicable, the user facilities developed, constructed, operated, or maintained under paragraph (1) shall include-- ``(A) distributed field research and observation platforms for understanding earth system processes; ``(B) analytical techniques, instruments, and modeling resources for understanding the physical, chemical, and cellular processes of biological and environmental systems; ``(C) integrated high-throughput sequencing, advanced bioanalytic techniques, DNA design and synthesis, metabolomics, and computational analysis; and ``(D) such other facilities as the Director considers appropriate, consistent with section 209 of the Department of Energy Organization Act (42 U.S.C. 7139). ``(3) Existing facilities.--In carrying out the program established in paragraph (1), the Director is encouraged to evaluate the capabilities of existing user facilities and, to the maximum extent practicable, invest in modernization of those capabilities to address emerging research priorities. ``(4) User facilities integration and collaboration program.-- ``(A) In general.--The Director shall support a program of collaboration between user facilities as defined under this subsection to encourage and enable researchers to more readily integrate the tools, expertise, resources, and capabilities of multiple Office of Science user facilities (as described in section 209(d) of the Department of Energy Organization Act (42 U.S.C. 7139)) to further research and advance emerging technologies. ``(B) Activities.--The program shall advance the integration of automation, robotics, computational biology, bioinformatics, biosensing, cellular platforms and other relevant emerging technologies as determined by the Director to enhance productivity and scientific impact of user facilities. ``(5) Earth and environmental systems sciences user facilities.-- ``(A) In general.--In carrying out the activities authorized under paragraph (1), the Director shall establish and operate user facilities to advance the collection, validation, and analysis of atmospheric data, including activities to advance knowledge and improve model representations and measure the impact of atmospheric gases, aerosols, and clouds on earth and environmental systems. ``(B) Selection.--The Director shall select user facilities under paragraph (1) on a competitive, merit- reviewed basis. The Director shall consider applications from the National Laboratories, institutes of higher education, multi-institutional collaborations, and other appropriate entities. ``(C) Existing facilities.--To the maximum extent practicable, the Director shall utilize existing facilities to carry out this subsection. ``(6) Coordination.--In carrying out the program authorized in paragraph (1), the Director shall ensure that the Office of Science-- ``(A) consults and coordinates with the National Oceanic Atmospheric Administration, the Environmental Protection Agency, the National Aeronautics and Space Administration, the Department of Agriculture, the Department of the Interior, and any other relevant Federal agency on the collection, validation, and analysis of atmospheric data; and ``(B) coordinates with relevant stakeholders, including institutes of higher education, nonprofit research institutions, industry, State, local, and tribal governments, and other appropriate entities to ensure access to the best available relevant atmospheric and historical weather data. ``(i) Coastal Zone Research Initiative.-- ``(1) In general.--The Director shall carry out a research program, in consultation with the National Oceanic and Atmospheric Administration, to enhance the understanding of coastal ecosystems. In carrying out this program, the Director shall prioritize efforts to enhance the collection of observational data, and shall develop models to analyze the ecological, biogeochemical, hydrological and physical processes that interact in coastal zones. ``(2) National system for coastal data collection.--The Director shall establish, in consultation with the National Oceanic and Atmospheric Administration and other relevant agencies, an integrated system of geographically diverse field research sites in order to improve the quantity and quality of observational data, and that encompass the major land water interfaces of the United States, including-- ``(A) the Great Lakes region; ``(B) the Pacific coast; ``(C) the Atlantic coast; ``(D) the Arctic; and ``(E) the Gulf coast. ``(3) Existing infrastructure.--In carrying out the programs and establishing the field research sites under paragraph (1) and (2), the Secretary shall leverage existing research and development infrastructure supported by the Department, including the Department's existing marine and coastal research lab. ``(4) Coordination.--For the purposes of carrying out the programs and establishing the field research sites under the Initiative, the Secretary may enter into agreements with Federal Departments and agencies with complementary capabilities. ``(5) Report.--Not less than 2 years after the date of the enactment of the Department of Energy Science for the Future Act, the Director shall provide to the Committee on Science, Space, and Technology and the Committee on Appropriations of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate a report examining whether the system described in this section should be established as a National User Facility. ``(j) Technology Development.--The Director shall support a technology research program for the development of instrumentation and other research tools required to meet the missions of the Department and to provide platform technologies for the broader scientific community. Technologies shall include but are not limited to-- ``(1) cryo-electron microscopy; ``(2) fabricated ecosystems; ``(3) next generation sensors including quantum sensors for biological integration and bioproduction; ``(4) technologies to accelerate data analysis; and ``(5) plant and microbial phenotyping for gene discovery. ``(k) Emerging Technologies.-- ``(1) In general.--The Secretary shall establish within the Biological and Environmental Research program an initiative focused on the development of engineered ecosystems through the application of artificial intelligence, novel sensing capabilities, and other emerging technologies. ``(2) Interagency coordination.--The Secretary shall coordinate with the Director of the National Science Foundation, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the U.S. Geological Survey, and other relevant officials to avoid duplication of research and observational activities and to ensure that activities carried out under this initiative are complimentary to those currently being undertaken by other agencies. ``(3) Report.--Not later than 180 days after the enactment of this Act, the Secretary shall provide a report to the Committee on Science, Space, and Technology of the House, and the Committee on Energy and Natural Resources of the Senate, on the activity mandated in subsection (k). ``(l) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out the activities described in this section-- ``(1) $820,360,000 for fiscal year 2022; ``(2) $886,385,200 for fiscal year 2023; ``(3) $956,332,164 for fiscal year 2024; ``(4) $1,020,475,415 for fiscal year 2025; and ``(5) $1,099,108,695 for fiscal year 2026.''. SEC. 5. ADVANCED SCIENTIFIC COMPUTING RESEARCH PROGRAM. (a) Advanced Scientific Computing Research.--Section 304 of the Department of Energy Research and Innovation Act (42 U.S.C. 18642) is amended-- (1) by redesignating subsections (a) through (c) as subsections (b) through (d), respectively; and (2) by inserting before subsection (b), as so redesignated, the following: ``(a) In General.--As part of the activities authorized under section 209 of the Department of Energy Organization Act (42 U.S.C. 7139), the Director shall carry out, in coordination with academia and relevant public and private sector entities, a research, development, and demonstration program to-- ``(1) steward applied mathematics, computational science, and computer science research relevant to the missions of the Department and the competitiveness of the United States; ``(2) develop modeling, simulation, and other computational tools relevant to other scientific disciplines and to the development of new energy technologies and other technologies; ``(3) advance computing and networking capabilities for data-driven discovery; and ``(4) develop advanced scientific computing hardware and software tools for science and engineering.''; (3) in subsection (c) (as redesignated under paragraph (1))-- (A) by striking ``The Director'' and inserting the following: ``(1) Director.--The Director''; and (B) by adding at the end the following: ``(2) Coordination.--The Under Secretary for Science shall ensure the coordination of the activities of the Department, including activities under this section, to determine and meet the computational and networking research and facility needs of the Office of Science and all other relevant energy technology and energy efficiency programs within the Department and with other Federal agencies as appropriate.''; (4) by amending subsection (d), as so redesignated, to read as follows: ``(d) Applied Mathematics and Software Development for High-End Computing Systems and Computer Sciences Research.-- ``(1) In general.--The Director shall carry out activities to develop, test, and support-- ``(A) mathematics, statistics, and algorithms for modeling complex systems relevant to the missions of the Department, including on advanced computing architectures; and ``(B) tools, languages, programming environments, and operations for high-end computing systems (as defined in section 2 of the American Super Computing Leadership Act (15 U.S.C. 5541). ``(2) Portfolio balance.-- ``(A) In general.--The Director shall maintain a balanced portfolio within the advanced scientific computing research and development program established under section 976 of the Energy Policy Act of 2005 (42 U.S.C. 16316) that supports robust investment in-- ``(i) applied mathematical, computational, and computer sciences research needs relevant to the mission of the Department, including foundational areas that are critical to the advancement of energy sciences and technologies and new and emerging computing technologies; and ``(ii) associated high-performance computing hardware and facilities. ``(B) Exascale ecosystem sustainment.-- ``(i) Sense of congress.--It is the sense of Congress that the Exascale Computing Project has successfully created a broad ecosystem that provides shared software packages, novel evaluation systems, and applications relevant to the science and engineering requirements of the Department, and that such products must be maintained and improved in order that the full potential of the deployed systems can be continuously realized. ``(ii) In general.--The Secretary shall seek to sustain and evolve the ecosystem referenced in clause (i) to ensure that the exascale software stack and other research software will continue to be maintained, hardened, and otherwise optimized for long-term use on exascale systems and beyond and reliable availability to the user community.''; and (5) by inserting after subsection (d) the following: ``(e) Next Generation Computing Program.-- ``(1) In general.--The Secretary shall establish a program to develop and implement a strategy for achieving computing systems with capabilities beyond exascale computing systems. In establishing this program, the Secretary shall-- ``(A) maintain foundational research programs in mathematical, computational, and computer sciences focused on new and emerging computing needs within the mission of the Department, including post-Moore's law computing architectures, novel approaches to modeling and simulation, artificial intelligence and scientific machine learning, quantum computing, edge computing, extreme heterogeneity, and distributed high-performance computing; ``(B) retain best practices and maintain support for essential hardware, applications, and software elements of the Exascale Computing Program that are necessary for sustaining the vitality of a long-term capable software ecosystem for exascale and beyond; and ``(C) develop a Department-wide strategy for balancing on-premises and cloud-based computing and scientific data management. ``(2) Report.--Not later than one year after the date of the enactment of the Department of Energy Science for the Future Act, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate, a report on the development and implementation of the strategy outlined in paragraph (1). ``(f) Architectural Research in Heterogeneous Computing Systems.-- ``(1) In general.--The Secretary shall carry out a program of research and development in heterogeneous and reconfigurable computing systems to expand understanding of the potential for heterogeneous and reconfigurable computing systems to deliver high performance, high efficiency computing for Department of Energy mission challenges. This shall include research and development that explores the convergence of big data analytics, simulations, and artificial intelligence to drive the design of heterogenous computing system architectures. ``(2) Coordination.--In carrying out this program, the Secretary shall ensure coordination between research activities undertaken by the Advanced Scientific Computing Research program and materials research supported by the Basic Energy Sciences program within the Department of Energy Office of Science. ``(g) Energy Efficient Computing Program.-- ``(1) In general.--The Secretary shall support a program of fundamental research, development, and demonstration of energy efficient computing and data center technologies relevant to advanced computing applications, including high performance computing, artificial intelligence, and scientific machine learning. ``(2) Execution.-- ``(A) Program.--In carrying out the program under paragraph (1), the Secretary shall-- ``(i) establish a partnership for National Laboratories, industry partners, and institutions of higher education for codesign of energy efficient hardware, technology, software, and applications across all applicable program offices of the Department, and provide access to energy efficient computing resources to such partners; ``(ii) develop hardware and software technologies that decrease the energy needs of advanced computing practices, including through data center co-design; ``(iii) consider multiple heterogeneous computing architectures in collaboration with the program established under subsection (f) including neuromorphic computing, persistent computing, and ultrafast networking; and ``(iv) provide, as appropriate, on a competitive, merit-reviewed basis, access for researchers from institutions of higher education, National Laboratories, industry, and other Federal agencies to the energy efficient computing technologies developed pursuant to clause (i). ``(B) Selection of partners.--In selecting participants for the partnership established under subparagraph (A)(i), the Secretary shall select participants through a competitive, merit review process. ``(C) Report.--Not later than one year after the date of the enactment of the Department of Energy Science for the Future Act, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate, a report on-- ``(i) the activities conducted under subparagraph (A); and ``(ii) the coordination and management of the program under subparagraph (A) to ensure an integrated research program across the Department. ``(h) Energy Sciences Network.-- ``(1) In general.--The Secretary shall provide for upgrades to the Energy Sciences Network user facility in order to meet the research needs of the Department for highly reliable data transport capabilities optimized for the requirements of large- scale science. ``(2) Capabilities.--In carrying out paragraph (1), the Secretary shall ensure the following capabilities: ``(A) To provide high bandwidth scientific networking across the continental United States and the Atlantic Ocean. ``(B) To ensure network reliability. ``(C) To protect the network infrastructure from cyber-attacks. ``(D) To manage transport of exponentially increasing levels of data from the Department's National Laboratories and sites, user facilities, experiments, and sensors. ``(E) To contribute to the integration of heterogeneous computing frameworks and systems. ``(i) Computational Science Graduate Fellowship.-- ``(1) In general.--The Secretary shall support the Computational Science Graduate Fellowship program in order to facilitate collaboration between graduate students and researchers at the National Laboratories, and contribute to the development of a diverse and inclusive computational workforce to help advance research in areas relevant to the mission of the Department. ``(2) Funding.--From within funds authorized to be appropriated for Advanced Scientific Computing Research Program, the Secretary shall make available for carrying out the activities under this section-- ``(A) $21,000,000 for fiscal year 2022; ``(B) $22,050,000 for fiscal year 2023; ``(C) $23,152,500 for fiscal year 2024; ``(D) $24,310,125 for fiscal year 2025; and ``(E) $25,525,631 for fiscal year 2026. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out the activities described in this section-- ``(1) $1,126,350,000 for fiscal year 2022; ``(2) $1,222,674,500 for fiscal year 2023; ``(3) $1,324,320,715 for fiscal year 2024; ``(4) $1,431,660,115 for fiscal year 2025; and ``(5) $1,535,090,121 for fiscal year 2026.''. (b) Quantum Science Network.-- (1) Definitions.--Section 2 of the National Quantum Initiative Act (15 U.S.C. 8801) is amended-- (A) by redesignating paragraph (7) as paragraph (8); and (B) by inserting after paragraph (6) the following: ``(7) Quantum network infrastructure.--The term `quantum network infrastructure' means any facility, expertise, or capability that is necessary to enable the development and deployment of scalable and diverse quantum network technologies.''. (2) Department of energy quantum network infrastructure research and development program.--(A) Title IV of the National Quantum Initiative Act (15 U.S.C. 8851 et seq.) is amended by adding at the end the following: ``SEC. 403. DEPARTMENT OF ENERGY QUANTUM NETWORK INFRASTRUCTURE RESEARCH AND DEVELOPMENT PROGRAM. ``(a) In General.--The Secretary of Energy (referred to in this section as the `Secretary') shall carry out a research, development, and demonstration program to accelerate innovation in quantum network infrastructure in order to-- ``(1) facilitate the advancement of distributed quantum computing systems through the internet and intranet; ``(2) improve the precision of measurements of scientific phenomena and physical imaging technologies; ``(3) develop secure national quantum communications technologies and strategies; and ``(4) demonstrate these capabilities utilizing the Department of Energy's Energy Sciences Network User Facility. ``(b) Program.--In carrying out this section, the Secretary shall-- ``(1) coordinate with-- ``(A) the Director of the National Science Foundation; ``(B) the Director of the National Institute of Standards and Technology; ``(C) the Chair of the Subcommittee on Quantum Information Science of the National Science and Technology Council established under section 103(a); and ``(D) the Chair of the Subcommittee on the Economic and Security Implications of Quantum Science; ``(2) conduct cooperative research with industry, National Laboratories, institutions of higher education, and other research institutions to facilitate new quantum infrastructure methods and technologies, including-- ``(A) quantum-limited detectors, ultra-low loss optical channels, space-to-ground connections, and classical networking and cybersecurity protocols; ``(B) entanglement and hyper-entangled state sources and transmission, control, and measurement of quantum states; ``(C) quantum interconnects that allow short range local connections between quantum processors; ``(D) transducers for quantum sources and signals between optical and telecommunications regimes and quantum computer-relevant domains, including microwaves; ``(E) development of quantum memory buffers and small-scale quantum computers that are compatible with photon-based quantum bits in the optical or telecommunications wavelengths; ``(F) long-range entanglement distribution at both the terrestrial and space-based level using quantum repeaters, allowing entanglement-based protocols between small- and large scale quantum processors; ``(G) quantum routers, multiplexers, repeaters, and related technologies necessary to create secure long- distance quantum communication; and ``(H) integration of systems across the quantum technology stack into traditional computing networks, including the development of remote controlled, high performance, and reliable implementations of key quantum network components by leveraging the expertise, infrastructure and supplemental investments in the Energy Sciences Network User Facility; ``(3) engage with the Quantum Economic Development Consortium (QED-C) to transition component technologies to help facilitate as appropriate the development of a quantum supply chain for quantum network technologies; ``(4) advance basic research in advanced scientific computing, particle and nuclear physics, and material science to enhance the understanding, prediction, and manipulation of materials, processes, and physical phenomena relevant to quantum network infrastructure; ``(5) develop experimental tools and testbeds in collaboration with the Department of Energy's Energy Sciences Network User Facility necessary to support cross-cutting fundamental research and development activities with diverse stakeholders from industry, National Laboratories, and institutions of higher education; and ``(6) consider quantum network infrastructure applications that span the Department of Energy's missions in energy, environment, and national security. ``(c) Leveraging.--In carrying out this section, the Secretary shall leverage resources, infrastructure, and expertise across the Department of Energy and from-- ``(1) the National Institute of Standards and Technology; ``(2) the National Science Foundation; ``(3) the National Aeronautics and Space Administration; ``(4) other relevant Federal agencies; ``(5) the National Laboratories; ``(6) industry stakeholders; ``(7) institutions of higher education; and ``(8) the National Quantum Information Science Research Centers. ``(d) Research Plan.--Not later than 180 days after the date of the enactment of the Department of Energy Science for the Future Act, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, a 4-year research plan that identifies and prioritizes basic research needs relating to quantum network infrastructure. ``(e) Standard of Review.--The Secretary shall review activities carried out under this section to determine the achievement of technical milestones. ``(f) Funding.--Out of funds authorized to be appropriated for the Department of Energy's Office of Science, there shall be made available to the Secretary to carry out the activities under this section, $100,000,000 for each of fiscal years 2022 through 2026. ``SEC. 404. DEPARTMENT OF ENERGY QUANTUM USER EXPANSION FOR SCIENCE AND TECHNOLOGY PROGRAM. ``(a) In General.--The Secretary of Energy (referred to in this section as the `Secretary') shall establish and carry out a program (to be known as the `Quantum User Expansion for Science and Technology program' or `QUEST program') to encourage and facilitate access to United States quantum computing hardware and quantum computing clouds for research purposes to-- ``(1) enhance the United States quantum research enterprise; ``(2) educate the future quantum computing workforce; and ``(3) accelerate the advancement of United States quantum computing capabilities. ``(b) Program.--In carrying out this section, the Secretary shall-- ``(1) coordinate with-- ``(A) the Director of the National Science Foundation; ``(B) the Director of the National Institute of Standards and Technology; ``(C) the Chair of the Subcommittee on Quantum Information Science of the National Science and Technology Council established under section 103(a); and ``(D) the Chair of the Subcommittee on the Economic and Security Implications of Quantum Science; ``(2) provide researchers based within the United States with access to, and use of, United States quantum computing resources through a competitive, merit-reviewed process; ``(3) consider applications from the National Laboratories, multi-institutional collaborations, institutions of higher education, industry stakeholders, and any other entities that the Secretary determines are appropriate to provide national leadership on quantum computing related issues; and ``(4) consult and coordinate with private sector stakeholders, the user community, and interagency partners on program development and best management practices. ``(c) Leveraging.--In carrying out this section, the Secretary shall leverage resources and expertise across the Department of Energy and from-- ``(1) the National Institute of Standards and Technology; ``(2) the National Science Foundation; ``(3) the National Aeronautics and Space Administration; ``(4) other relevant Federal agencies; ``(5) the National Laboratories; ``(6) industry stakeholders; ``(7) institutions of higher education; and ``(8) the National Quantum Information Science Research Centers. ``(d) Security.--In carrying out the activities authorized by this section, the Secretary, in consultation with the Director of the National Science Foundation and the Director of the National Institute of Standards and Technology, shall ensure proper security controls are in place to protect sensitive information, as appropriate. ``(e) Funding.--Out of funds authorized to be appropriated for the Department of Energy's Office of Science, there shall be made available to the Secretary to carry out the activities under this section-- ``(1) $30,000,000 for fiscal year 2022; ``(2) $50,000,000 for fiscal year 2023; ``(3) $70,000,000 for fiscal year 2024; ``(4) $90,000,000 for fiscal year 2025; and ``(5) $100,000,000 for fiscal year 2026. ``(f) Equitable Use of High-Performance Computing Capabilities.-- ``(1) Sense of congress.--It is the sense of Congress that machine learning algorithms can exhibit biases that cause harm to historically marginalized communities. ``(2) Policy.--In leveraging high-performance computing systems for research purposes, including through the use of machine learning algorithms for data analysis, the Secretary shall ensure that such capabilities are employed in a manner that mitigates and, to the maximum extent practicable, avoids harmful algorithmic bias and equitably addresses challenges impacting different populations, including historically marginalized communities.''. (B) The table of contents in section 1(b) of the National Quantum Initiative Act is amended by inserting after the item relating to section 402 the following items: ``Sec. 403. Department of energy quantum network infrastructure research and development program. ``Sec. 404. Department of energy quantum user expansion for science and technology program.''. SEC. 6. FUSION ENERGY RESEARCH. (a) Fusion Energy Research.--Section 307 of the Department of Energy Research and Innovation Act (42 U.S.C. 18645) is amended-- (1) in subsection (b)-- (A) in the matter preceding paragraph (1), by striking ``As part of'' and inserting the following: ``(1) In general.--As part of''; (B) by redesignating-- (i) paragraphs (1) and (2) as subparagraphs (A) and (B), respectively (and by adjusting the margins of such subparagraphs accordingly); and (ii) in subparagraph (B) (as redesignated by clause (i)), subparagraphs (A) and (B) as clauses (i) and (ii), respectively (and by adjusting the margins of such clauses accordingly); and (C) by adding at the end the following: ``(2) Authorization of appropriations.--Out of funds authorized to be appropriated under subsection (r), there are authorized to be appropriated to the Secretary to carry out activities described in paragraph (1) $50,000,000 for each of fiscal years 2022 through 2026.''; (2) in subsection (d)(3)-- (A) by striking the period at the end and inserting ``and $40,000,000 for fiscal year 2026.''; and (B) by striking ``(o)'' and inserting ``(r)''; and (3) in subsection (e)(4)-- (A) by striking the period at the end and inserting ``and $75,000,000 for fiscal year 2026.''; and (B) by striking ``(o)'' and inserting ``(r)''; (4) in subsection (i)(10)-- (A) In the matter preceding subparagraph (A), by striking ``(o)'' and inserting ``(r)''; (B) in subparagraph (D), by striking ``; and'' and inserting a semicolon; (C) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(F) $45,000,000 for fiscal year 2026.''; (5) in subsection (j)-- (A) by striking ``The Director'' and all that follows through the period and inserting the following: ``(1) In general.-- ``(A) Establishment.--Within 180 days of enactment of the Department of Energy Science for the Future Act, the Director shall establish at least 2 national teams, including public-private partnerships, that will develop conceptual pilot plant designs and technology roadmaps and lead to an engineering design of a pilot plant that will bring fusion to commercial viability. ``(B) Composition.--The national teams shall be composed of developers, manufacturers, universities, national laboratories, and engineering, procurement, and construction industries.''; and (B) by adding at the end the following: ``(2) Authorization of appropriations.--There are authorized to be appropriated to carry out activities described in paragraph (1)-- ``(A) $20,000,000 for fiscal year 2022; ``(B) $35,000,000 for fiscal year 2023; ``(C) $50,000,000 for fiscal year 2024; ``(D) $65,000,000 for fiscal year 2025; and ``(E) $80,000,000 for fiscal year 2026.''; (6) in subsection (l)-- (A) by striking ``sense of Congress that the United States should support'' and inserting ``sense of Congress that--''; ``(1) the United States should support''; (B) in paragraph (1) (as so designated by subparagraph (A) of this paragraph), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(2) the Director shall incorporate the findings and recommendations of the report of the Fusion Energy Sciences Advisory Committee entitled `Powering the Future: Fusion and Plasmas' and the report of the National Academies of Science, Engineering, and Medicine entitled ``Bringing Fusion to the U.S. Grid'' into the planning process of the Department, including the development of future budget requests to Congress.''; (7) by redesignating subsection (o) as subsection (r); (8) by inserting after subsection (n) the following: ``(o) High-Performance Computation Collaborative Research Program.-- ``(1) In general.--The Secretary shall carry out a program to conduct and support collaborative research, development, and demonstration of fusion energy technologies, through high- performance computation modeling and simulation techniques, in order to-- ``(A) support fundamental research in plasmas and matter at very high temperatures and densities; ``(B) inform the development of a broad range of fusion energy systems; and ``(C) facilitate the translation of research results in fusion energy science to industry. ``(2) Coordination.--In carrying out the program under paragraph (1), the Secretary shall coordinate with relevant Federal agencies, and prioritize the following objectives: ``(A) Using expertise from the private sector, institutions of higher education, and the National Laboratories to leverage existing, and develop new, computational software and capabilities that prospective users may use to accelerate research and development of fusion energy systems. ``(B) Developing computational tools to simulate and predict fusion energy science phenomena that may be validated through physical experimentation. ``(C) Increasing the utility of the research infrastructure of the Department by coordinating with the Advanced Scientific Computing Research program within the Office of Science. ``(D) Leveraging experience from existing modeling and simulation entities sponsored by the Department. ``(E) Ensuring that new experimental and computational tools are accessible to relevant research communities, including private sector entities engaged in fusion energy technology development. ``(F) Ensuring that newly developed computational tools are compatible with modern virtual engineering and visualization capabilities to accelerate the realization of fusion energy technologies and systems. ``(3) Duplication.--The Secretary shall ensure the coordination of, and avoid unnecessary duplication of, the activities of this program with the activities of-- ``(A) other research entities of the Department, including the National Laboratories, the Advanced Research Projects Agency-Energy, the Advanced Scientific Computing Research program; and ``(B) industry. ``(4) High-performance computing for fusion innovation center.--In carrying out the program under paragraph (1), the Secretary shall, in coordination with the Innovation Network for Fusion Energy, establish and operate a national High- Performance Computing for Fusion Innovation Center (referred to in this subsection as the `Center'), to support the program under paragraph (1) by providing, to the extent practicable, a centralized entity for multidisciplinary, collaborative, fusion energy research and development through high performance computing and advanced data analytics technologies and processes. ``(5) Selection.--The Secretary shall select the Center under this subsection on a competitive, merit-reviewed basis. The Secretary shall consider applications from National Laboratories, institutions of higher education, multi- institutional collaborations, and other appropriate entities. ``(6) Existing activities.--The Center may incorporate existing research activities that are consistent with the program described in paragraph (1). ``(7) Duration.--The Center established under this subsection shall receive support for a period of not more than 5 years, subject to the availability of appropriations. ``(8) Renewal.--Upon the expiration of any period of support of the Center, the Secretary may renew support for the Center, on a merit-reviewed basis, for a period of not more than 5 years. ``(9) Termination.--Consistent with the existing authorities of the Department, the Secretary may terminate the Center for cause during the performance period. ``(p) Material Plasma Exposure Experiment.-- ``(1) In general.--The Secretary shall construct a Material Plasma Exposure Experiment facility as described in the 2020 publication approved by the Fusion Energy Sciences Advisory Committee titled `Powering the Future: Fusion and Plasmas'. The Secretary shall consult with the private sector, universities, National Laboratories, and relevant Federal agencies to ensure that this facility is capable of meeting Federal research needs for steady state, high-heat-flux and plasma-material interaction testing of fusion materials over a range of fusion energy relevant parameters. ``(2) Facility capabilities.--The Secretary shall ensure that the facility described in paragraph (1) will provide the following capabilities: ``(A) A magnetic field at the target of 1 Tesla. ``(B) An energy flux at the target of 10 MW/m2. ``(C) The ability to expose previously irradiated plasma facing material samples to plasma. ``(3) Start of operations.--The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the facility under this section occurs before December 31, 2027. ``(4) Funding.--Out of funds authorized to be appropriated for Fusion Energy Sciences, there are funds authorized to be appropriated to the Secretary for the Office of Fusion Energy Sciences to carry out to completion the construction of the facility under this section: ``(A) $32,800,000 for fiscal year 2022; ``(B) $13,400,000 for fiscal year 2023; ``(C) $12,600,000 for fiscal year 2024; and ``(D) $400,000 for fiscal year 2025. ``(q) Matter in Extreme Conditions Instrument Upgrade.-- ``(1) In general.--The Secretary shall provide for the upgrade to the Matter in Extreme Conditions endstation at the Linac Coherent Light Source as described in the 2020 publication approved by the Fusion Energy Sciences Advisory Committee titled `Powering the Future: Fusion and Plasmas'. The Secretary shall consult with the private sector, universities, National Laboratories, and relevant Federal agencies to ensure that this facility is capable of meeting Federal research needs for understanding physical and chemical changes to plasmas at fundamental timescales, and explore new regimes of dense material physics, astrophysics, planetary physics, and short- pulse laser-plasma interactions. ``(2) Start of operations.--The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the facility under this section occurs before December 31, 2028.''; and (9) in subsection (r), as so redesignated, by striking paragraphs (2) through (5) and inserting the following: ``(2) $1,002,900,000 for fiscal year 2022; ``(3) $1,095,707,000 for fiscal year 2023; ``(4) $1,129,368,490 for fiscal year 2024; ``(5) $1,149,042,284 for fiscal year 2025; and ``(6) $1,243,097,244 for fiscal year 2026.''. (b) ITER Construction.--Section 972 of the Energy Policy Act of 2005 (42 U.S.C. 16312) is amended in subsection (c)(3)-- (1) in subparagraph (A), by striking ``and'' at the end; and (2) by striking subparagraph (B) and inserting the following: ``(B) $300,000,000 for fiscal year 2022; ``(C) $325,000,000 for fiscal year 2023; ``(D) $350,000,000 for fiscal year 2024; ``(E) $350,000,000 for fiscal year 2025; and ``(F) $350,000,000 for fiscal year 2026.''. SEC. 7. HIGH ENERGY PHYSICS PROGRAM. (a) Program.--Section 305 of the Department of Energy Research and Innovation Act (42 U.S.C. 18643) is amended-- (1) by redesignating subsections (b) through (d) as subsections (d) through (f), respectively; and (2) by inserting the following after subsection (a): ``(b) Program.--As part of the activities authorized under section 209 of the Department of Energy Organization Act (42 U.S.C. 7139), the Director shall carry out a research program in elementary particle physics and advanced technology research and development to improve the understanding of the fundamental properties of the universe, including constituents of matter and energy and the nature of space and time. ``(c) High Energy Frontier Research.--As part of the program described in subsection (b), the Director shall carry out research using high energy accelerators and advanced detectors, including accelerators and detectors that will function as national user facilities, to create and study interactions of elementary particles and investigate fundamental forces.''. (b) International Collaboration.--Section 305(d) of the Department of Energy Research and Innovation Act (42 U.S.C. 18643(d)), as redesignated under subsection (a), is amended to read as follows: ``(d) International Collaboration.--The Director shall-- ``(1) as practicable and in coordination with other appropriate Federal agencies as necessary, ensure the access of United States researchers to the most advanced accelerator facilities and research capabilities in the world, including the Large Hadron Collider; ``(2) to the maximum extent practicable, continue to leverage United States participation in the Large Hadron Collider, and prioritize expanding international partnerships and investments in the Long-Baseline Neutrino Facility and Deep Underground Neutrino Experiment; and ``(3) to the maximum extent practicable, prioritize engagement in collaborative efforts in support of future international facilities that would provide access to the most advanced accelerator facilities in the world to United States researchers.''. (c) Cosmic Frontier Research.--Section 305(f) of the Department of Energy Research and Innovation Act (42 U.S.C. 18645(f)), as redesignated by subsection (a), is amended to read as follows: ``(f) Cosmic Frontier Research.--The Director shall carry out research activities on the nature of the primary contents of the universe, including the nature of dark energy and dark matter. These activities shall, to the maximum extent practicable, be consistent with the research priorities identified by the High Energy Physics Advisory Panel or the National Academy of Sciences, and may include-- ``(1) collaborations with the National Aeronautics and Space Administration, the National Science Foundation, or international partners on relevant projects; and ``(2) the development of space-based, land-based, water- based, and underground facilities and experiments.''. (d) Further Activities.--Section 305 of the Department of Energy Research and Innovation Act (42 U.S.C. 18645) is further amended by adding at the end the following: ``(g) Facility Construction and Major Items of Equipment.-- ``(1) Projects.--Consistent with the Office of Science's project management practices, the Director shall, to the maximum extent practicable, incorporate the findings and recommendations of the 2014 Particle Physics Project Prioritization Panel (P5) report titled `Building for Discovery', and support construction or fabrication of-- ``(A) an international Long-Baseline Neutrino Facility based in the United States; ``(B) the Proton Improvement Plan II; ``(C) Second Generation Dark Matter experiments; ``(D) the Legacy Survey of Space and Time camera; ``(E) upgrades to detectors and other components of the Large Hadron Collider; and ``(F) other high priority projects recommended in the most recent report of the Particle Physics Project Prioritization Panel of the High Energy Physics Advisory Panel. ``(2) Long-baseline neutrino facility.-- ``(A) In general.--The Secretary shall support construction of a Long-Baseline Neutrino Facility to facilitate the international Deep Underground Neutrino Experiment to examine the fundamental properties of neutrinos, explore physics beyond the Standard Model, and better clarify the existence and nature of antimatter. ``(B) Facility capabilities.--The Secretary shall ensure that the facility described in subparagraph (A) will provide, at a minimum, the following capabilities: ``(i) A neutrino beam with wideband capability of 1.2 megawatts (MW) of beam power and upgradable to 2.4 MW of beam power. ``(ii) Three caverns excavated for a 70 kiloton fiducial detector mass and supporting surface buildings and utilities. ``(iii) Cryogenic systems to support neutrino detectors. ``(C) Start of operations.--The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the facility under this subsection occurs before December 31, 2031. ``(D) Funding.--Out of funds authorized to be appropriated under subsection (k), there shall be made available to the Secretary to carry out construction of the facility under this subsection-- ``(i) $200,000,000 for fiscal year 2022; ``(ii) $325,000,000 for fiscal year 2023; ``(iii) $400,000,000 for fiscal year 2024; ``(iv) $375,000,000 for fiscal year 2025; and ``(v) $250,000,000 for fiscal year 2026. ``(3) Proton improvement plan-ii accelerator upgrade project.-- ``(A) In general.--The Secretary of Energy shall support construction of the Proton Improvement Plan II, an upgrade to the Fermilab accelerator complex identified in the 2014 Particle Physics Project Prioritization Panel (P5) report titled `Building for Discovery', to provide the world's most intense beam of neutrinos to the international Long Baseline Neutrino Facility as well as abroad range of future high energy physics experiments. The Secretary of Energy shall work with international partners to enable further significant contributions to the capabilities of this project. ``(B) Facility capabilities.--The Secretary shall ensure that the facility described in paragraph (1) will provide, at a minimum, the following capabilities: ``(i) A state-of-the-art 800 megaelectron volt (MeV) superconducting linear accelerator. ``(ii) Proton beam power of 1.2 MW at the start of LBNF/DUNE, upgradeable to 2.4 MW of beam power. ``(iii) A flexible design to enable high power beam delivery to multiple users simultaneously and customized beams tailored to specific scientific needs. ``(iv) Sustained high reliability operation of the Fermilab accelerator complex. ``(C) Start of operations.--The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the facility under this section occurs before December 31, 2028. ``(D) Funding.--Out of funds authorized to be appropriated under subsection (k), there shall be made available to the Secretary to carry out construction of the facility under this subsection-- ``(i) $191,000,000 for fiscal year 2022; ``(ii) $150,000,000 for fiscal year 2023; ``(iii) $120,000,000 for fiscal year 2024; ``(iv) $120,000,000 for fiscal year 2025; and ``(v) $100,000,000 for fiscal year 2026. ``(4) Cosmic microwave background stage 4.-- ``(A) In general.--The Secretary of Energy, in partnership with the Director of the National Science Foundation, shall support construction of the Cosmic Microwave Background Stage 4 project to survey the cosmic microwave background to test theories of cosmic inflation as described in the 2014 Particle Physics Prioritization Panel (P5) report titled `Building for Discovery: Strategic Plan for U.S. Particle Physics in the Global Context.'. ``(B) Consultation.--The Secretary shall consult with the private sector, universities, National Laboratories, and relevant Federal agencies to ensure that this experiment is capable of meeting Federal research needs in accessing the ultra-high energy physics of inflation and important neutrino properties. ``(C) Experimental capabilities.--The Secretary shall ensure to the maximum extent practicable that the facility described in subsection (a) will provide at minimum, 500,000 superconducting detectors deployed on an array of mm wave telescopes with the required range in frequency, sensitivity, and survey speed which will provide sufficient capability to enable an order of magnitude advance in observations of the Cosmic Microwave Background, delivering transformative discoveries in fundamental physics, cosmology, and astrophysics. ``(D) Start of operations.--The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the facility under this section occurs before December 31, 2030. ``(E) Funding.--Out of funds authorized to be appropriated under subsection (k), there shall be made available to the Secretary to carry out construction of the facility under this subsection-- ``(i) $37,000,000 for fiscal year 2022; ``(ii) $50,000,000 for fiscal year 2023; ``(iii) $70,000,000 for fiscal year 2024; ``(iv) $80,000,000 for fiscal year 2025; and ``(v) $90,000,000 for fiscal year 2026. ``(h) Accelerator and Detector Upgrades.--The Director shall upgrade accelerator facilities and detectors, as necessary and appropriate, to increase beam power, sustain high reliability, and improve precision measurement to advance the highest priority particle physics research programs. In carrying out facility upgrades, the Director shall continue to work with international partners, when appropriate and in the United States' interest, to leverage investments and expertise in critical technologies to help build and upgrade accelerator and detector facilities in the United States. ``(i) Accelerator and Detector Research and Development.--As part of the program described in subsection (b), the Director shall carry out research and development in particle beam physics, accelerator science and technology, and particle and radiation detection with relevance to the specific needs of the High Energy Physics program, in coordination with the Accelerator Research and Development program authorized in section 310. ``(j) Underground Science.--The Director shall-- ``(1) support an underground science program consistent with the missions of the Department and the scientific needs of the High Energy Physics program, including those articulated in the most recent report of the Particle Physics Project Prioritization Panel of the High Energy Physics Advisory Panel, that leverages the capabilities of relevant underground science and engineering facilities; and ``(2) carry out a competitive grant program to award scientists and engineers at institutions of higher education, nonprofit institutions, and National Laboratories to conduct research in underground science and engineering. ``(k) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out the activities described in this section-- ``(1) $1,355,690,000 for fiscal year 2022; ``(2) $1,517,628,300 for fiscal year 2023; ``(3) $1,652,112,281 for fiscal year 2024; ``(4) $1,711,460,141 for fiscal year 2025; and ``(5) $1,656,012,351 for fiscal year 2026.''. SEC. 8. NUCLEAR PHYSICS PROGRAM. (a) Program.--Section 308 of the Department of Energy Research and Innovation Act (42 U.S.C. 18646) is amended-- (1) by striking subsection (a); (2) by redesignating subsection (b) as subsection (d); and (3) by inserting the following before subsection (d), as so redesignated: ``(a) Program.--As part of the activities authorized under section 209 of the Department of Energy Organization Act (42 U.S.C. 7139), the Director shall carry out a research program, and support relevant facilities, to discover and understand various forms of nuclear matter. ``(b) User Facilities.-- ``(1) Facility for rare isotope beams.-- ``(A) In general.--The Secretary shall support construction of a Facility for Rare Isotope Beams to advance the understanding of rare nuclear isotopes and the evolution of the cosmos. ``(B) Funding.--Out of funds authorized to be appropriated under subsection (c), there shall be made available to the Secretary to carry out construction of the facility under this subsection $2,000,000 for fiscal year 2022. ``(C) Start of operations.--The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the facility under this section occurs before March 1, 2022. ``(2) Electron-ion collider.-- ``(A) In general.--The Secretary shall support construction of an Electron Ion Collider as described in the 2015 Long Range Plan of the Nuclear Science Advisory Committee and the report from the National Academies of Science, Engineering, and Medicine titled `An Assessment of U.S.-Based Electron-Ion Collider Science', in order to measure the internal structure of the proton and the nucleus and answer fundamental questions about the nature of visible matter. ``(B) Facility capability.--The Secretary shall ensure that the facility meets the requirements in the 2015 Long Range Plan, including-- ``(i) at least 70 percent polarized beams of electrons and light ions; ``(ii) ion beams from deuterium to the heaviest stable nuclei; ``(iii) variable center of mass energy from 20 to 140 GeV; ``(iv) high collision luminosity of 10<SUP>33-34</SUP>cm<SUP>-2</SUP>s<SUP>-1</SUP>; and ``(v) the possibility of more than one interaction region. ``(C) Start of operations.--The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the facility under this section occurs before December 31, 2030. ``(D) Funding.--Out of funds authorized to be appropriated under subsection (c), there shall be made available to the Secretary to carry out construction of the facility under this subsection-- ``(i) $101,000,000 for fiscal year 2022; ``(ii) $155,000,000 for fiscal year 2023; ``(iii) $250,000,000 for fiscal year 2024; ``(iv) $300,000,000 for fiscal year 2025; and ``(v) $305,000,000 for fiscal year 2026. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out the activities described in this section-- ``(1) $780,000,000 for fiscal year 2022; ``(2) $879,390,000 for fiscal year 2023; ``(3) $1,025,097,300 for fiscal year 2024; ``(4) $1,129,354,111 for fiscal year 2025; and ``(5) $1,192,408,899 for fiscal year 2026.''. SEC. 9. ACCELERATOR RESEARCH AND DEVELOPMENT. The Department of Energy Research and Innovation Act (42 U.S.C. 18601 et seq.) is amended by adding after section 309 the following: ``SEC. 310. ACCELERATOR RESEARCH AND DEVELOPMENT. ``(a) Program.--As part of the activities authorized under section 209 of the Department of Energy Organization Act (42 U.S.C. 7139), the Director shall carry out a research program to-- ``(1) advance accelerator science and technology relevant to the Department, other Federal agencies, and U.S. industry; ``(2) foster partnerships to develop, demonstrate, and enable the commercial application of accelerator technologies; ``(3) support the development of a skilled, diverse, and inclusive accelerator workforce; and ``(4) provide access to accelerator design and engineering resources. ``(b) Accelerator Research.--In carrying out the program authorized under subsection (a), the Director shall support-- ``(1) research activities in cross-cutting accelerator technologies including superconducting magnets and accelerators, beam physics, data analytics-based accelerator controls, simulation software, new particle sources, advanced laser technology, and transformative research; and ``(2) optimal operation of the Accelerator Test Facility. ``(c) Accelerator Development.--In carrying out the program authorized under subsection (a), the Director shall support partnerships to foster the development, demonstration, and commercial application of accelerator technologies including, advanced superconducting wire and cable, superconducting RF cavities, and high efficiency radiofrequency power sources for accelerators. ``(d) Research Collaborations.--In developing accelerator technologies under the program authorized in subsection (a), the Director shall-- ``(1) consider the requirements necessary to support translational research and development for medical, industrial, security, and defense applications; and ``(2) leverage investments in accelerator technologies and fundamental research in particle physics by partnering with institutes of higher education, industry, and other Federal agencies to enable the commercial application of advanced accelerator technologies. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out the activities described in this section-- ``(1) $24,000,000 for fiscal year 2022; ``(2) $25,680,000 for fiscal year 2023; ``(3) $27,477,600 for fiscal year 2024; ``(4) $29,401,032 for fiscal year 2025; and ``(5) $31,459,104 for fiscal year 2026.''. SEC. 10. ISOTOPE DEVELOPMENT AND PRODUCTION FOR RESEARCH APPLICATIONS. The Department of Energy Research and Innovation Act (42 U.S.C. 18601 et seq.) is amended by adding after section 310 as added by this Act the following: ``SEC. 311. ISOTOPE DEVELOPMENT AND PRODUCTION FOR RESEARCH APPLICATIONS. ``(a) In General.--The Director-- ``(1) shall carry out a program in coordination with other relevant programs across the Department for the production of isotopes, including the development of techniques to produce isotopes, that the Secretary determines are needed for research, medical, industrial, or related purposes, to the maximum extent practicable, in accordance with the 2015 Nuclear Science Advisory Committee `Meeting Isotope Needs and Capturing Opportunities For The Future' report; and ``(2) shall ensure that isotope production activities carried out under the program under this paragraph do not compete with private industry unless the Director determines that critical national interests require the involvement of the Federal Government. ``(b) Authorization of Appropriations.--There are authorized to be appropriated to carry out the program under this section-- ``(1) $90,000,000 for fiscal year 2022; ``(2) $96,300,000 for fiscal year 2023; ``(3) $103,041,000 for fiscal year 2024; ``(4) $110,253,870 for fiscal year 2025; and ``(5) $117,971,641 for fiscal year 2026.''. SEC. 11. SCIENCE LABORATORIES INFRASTRUCTURE PROGRAM. (a) Program.--Section 309 of the Department of Energy Research and Innovation Act (42 U.S.C. 18647) is amended by adding at the end the following: ``(c) Approach.--In carrying out this section, the Director shall utilize all available approaches and mechanisms, including capital line items, minor construction projects, energy savings performance contracts, and utility energy service contracts, as appropriate. ``(d) Mid-Scale Instrumentation Program.--The Director, in coordination with each of the programs carried out by the Office of Science, shall establish a mid-scale instrumentation program to enable the development and acquisition of novel, state-of-the-art instruments ranging in cost from $1 million to $20 million each that would significantly accelerate scientific breakthroughs at user facilities. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out the activities described in this section $500,000,000 for each of fiscal years 2022 through 2026.''. SEC. 12. INCREASED COLLABORATION WITH TEACHERS AND SCIENTISTS. (a) In General.--The Department of Energy Research and Innovation Act (42 U.S.C. 18601 et seq.) is amended by adding after section 311, as added by this Act, the following: ``SEC. 312. INCREASED COLLABORATION WITH TEACHERS AND SCIENTISTS. ``The Director shall support the development of a scientific workforce through programs that facilitate collaboration between K-12, university students, early-career researchers, faculty, and the National Laboratories, including through the use of proven techniques to expand the number of individuals from underrepresented groups pursuing and attaining skills or undergraduate and graduate degrees relevant to the Office's mission.''. (b) Authorization of Appropriations.--Section 3169 of the Department of Energy Science Education Enhancement Act (42 U.S.C. 7381e) is amended-- (1) by striking, ``programs'', and inserting ``programs, including the NSF INCLUDES National Network,''; and (2) by striking, ``year 1991'', and inserting ``years 2022 through 2026''. (c) Broadening Participation in Workforce Development for Teachers and Scientists.-- (1) In general.--The Department of Energy Science Education Enhancement Act (42 U.S.C. 7381 et seq.) is amended by inserting the following sections after section 3167 (42 U.S.C. 7381c-1): ``SEC. 3167A. BROADENING PARTICIPATION FOR TEACHERS AND SCIENTISTS. ``(a) In General.--The Secretary shall expand opportunities to increase the number and the diversity, equity, and inclusion of highly skilled science, technology, engineering, and mathematics (STEM) professionals working in Department of Energy mission-relevant disciplines and broaden the recruitment pool to increase diversity, including expanded partnerships with Historically Black Colleges, Tribal Colleges, Minority Serving Institutions, emerging research institutions, and scientific societies. ``(b) Plan.--Not later than 1 year after the date of enactment of the Department of Energy Science for the Future Act, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Commerce, Science, and Transportation of the Senate and make available to the public a plan for broadening participation of underrepresented groups in science, technology, engineering, and mathematics in programs supported by the Department programs, including-- ``(1) a plan for supporting and leveraging the National Science Foundation INCLUDES National Network; ``(2) metrics for assessing the participation of underrepresented groups in Department programs; ``(3) experienced and potential barriers to broadening participation of underrepresented groups in Department programs, including recommended solutions; and ``(4) any other activities the Secretary finds appropriate. ``(c) Authorization of Appropriations.--Of the amounts authorized to be appropriated in section 3169 (42 U.S.C. 7381e), at least $2,000,000 shall be made available each fiscal year for the activities described under this subsection. ``SEC. 3167B. EXPANDING OPPORTUNITIES TO INCREASE THE DIVERSITY, EQUITY, AND INCLUSION OF HIGHLY SKILLED SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS (STEM) PROFESSIONALS. ``(a) In General.--The Secretary shall expand opportunities to increase the number and the diversity, equity, and inclusion of highly skilled science, technology, engineering, and mathematics (STEM) professionals working in Department of Energy mission-relevant disciplines and broaden the recruitment pool to increase diversity, including expanded partnerships with minority-serving institutions, non-Research I universities, and scientific societies. ``(b) Plan and Outreach Strategy.-- ``(1) Plan.--Not later than 6 months after the date of enactment of the Department of Energy Science for the Future Act, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a 10- year educational plan to fund and expand new or existing programs administered by the Office of Science and sited at the National Laboratories and Department of Energy user facilities to expand educational and workforce opportunities for underrepresented high school, undergraduate, and graduate students as well as recent graduates, teachers and faculty in STEM fields. This may include paid internships, fellowships, temporary employment, training programs, visiting student and faculty programs, sabbaticals, and research support. ``(2) Outreach capacity.--The Secretary shall include in the plan under paragraph (1) an outreach strategy to improve the advertising, recruitment, and promotion of educational and workforce programs to community colleges, Historically Black Colleges and Universities, Tribal Colleges, Minority Serving Institutions, and emerging research institutions. ``(c) Building Research Capacity.--The Secretary shall develop programs that strengthen the research capacity relevant to Office of Science disciplines at emerging research institutions, including minority-serving institutions, tribal colleges and universities, Historically Black Colleges and Universities, and colleges and universities. This may include enabling mutually beneficial and jointly managed partnerships between research-intensive institutions and emerging research institutions, and soliciting research proposals, fellowships, training programs, and research support directly from emerging research institutions. ``(d) Traineeships.--The Secretary shall establish a university-led Traineeship Program to address workforce training needs in STEM fields relevant to the Department. The focus should be on supporting training and research experiences for underrepresented undergraduate and graduate students and increasing participation from underrepresented populations. The traineeships should include opportunities to build the next-generation workforce in research areas critical to maintaining core competencies across the Office of Science's programs. ``(e) Evaluation.--The Secretary shall establish key performance indicators to measure and monitor progress of education and workforce programs and expand Departmental activities for data collection and analysis. The Secretary shall submit a report 2 years after the date of enactment of the Department of Energy Science for the Future Act, and every 2 years thereafter, to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate summarizing progress toward meeting key performance indicators. ``(f) Definitions.--In this section: ``(1) Minority-serving institution.--The term `minority- serving institution' includes the entities described in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)). ``(2) Historically black college and universities.--The term `Historically Black Colleges and Universities' has the meaning given in `part B institution' in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061). ``(3) STEM.--The term `STEM' means the field or disciplines listed in section 2 of the STEM Education Act of 2015 (42 U.S.C. 6621 note). ``(4) Tribal colleges and universities.--The term `Tribal College or University' has the meaning given in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c).''. (2) Clerical amendment.--The table of contents in section 2(b) of the National Defense Authorization Act for Fiscal Year 1991 is amended by inserting after the item relating to section 3167 the following: ``Sec. 3167A. Broadening participation for teachers and scientists. ``Sec. 3167B. Expanding opportunities to increase the diversity, equity, and inclusion of highly skilled science, technology, engineering, and mathematics (STEM) professionals.''. SEC. 13. HIGH INTENSITY LASER RESEARCH INITIATIVE; OFFICE OF SCIENCE EMERGING INFECTIOUS DISEASE COMPUTING RESEARCH INITIATIVE; HELIUM CONSERVATION PROGRAM; AUTHORIZATION OF APPROPRIATIONS. (a) In General.--The Department of Energy Research and Innovation Act (42 U.S.C. 18601 et seq.) is amended by adding at the end the following: ``SEC. 313. HIGH INTENSITY LASER RESEARCH INITIATIVE. ``(a) In General.--The Director shall establish a high intensity laser research initiative consistent with the recommendations of the National Academies report, `Opportunities in Intense Ultrafast Lasers: Reaching for the Brightest Light', and the report from the Brightest Light Initiative workshop on `The Future of Intense Ultrafast Lasers in the U.S.'. This initiative should include research and development of petawatt-scale and of high average power laser technologies necessary for future facility needs in discovery science and to advance energy technologies, as well as support for a user network of academic and national laboratory high intensity laser facilities. ``(b) Leverage.--The Director shall leverage new laser technologies for more compact, less complex, and low-cost accelerator systems needed for science applications. ``(c) Coordination.--The Director shall coordinate this initiative among all relevant programs within the Office of Science, and the Under Secretary for Science shall coordinate this initiative with other relevant programs within the Department as well as within other Federal agencies. ``(d) Authorization of Appropriations.--Out of funds authorized to be appropriated for the Office of Science there are authorized to be appropriated to the Secretary to carry out the activities described in this section-- ``(1) $50,000,000 for fiscal year 2022; ``(2) $100,000,000 for fiscal year 2023; ``(3) $150,000,000 for fiscal year 2024; ``(4) $200,000,000 for fiscal year 2025; and ``(5) $250,000,000 for fiscal year 2026. ``SEC. 314. HELIUM CONSERVATION PROGRAM. ``(a) In General.--The Secretary shall establish a program to reduce the consumption of helium for Department grant recipients and facilities and encourage helium recycling and reuse. The program shall competitively award grants for-- ``(1) the purchase of equipment to capture, reuse, and recycle helium; ``(2) the installation, maintenance, and repair of new and existing helium capture, reuse, and recycling equipment; and ``(3) helium alternatives research and development activities. ``(b) Report.--In carrying out the program under this section, the Director shall submit to the Committee on Science, Space, and Technology of House of Representatives and the Committee on Energy and Natural Resources of the Senate a report, not later than two years after the date of enactment of the Department of Energy Science for the Future Act, and every 3 years thereafter, on the purchase of helium as part of research projects and facilities supported by the Department. The report shall include-- ``(1) the quantity of helium purchased for projects and facilities supported by Department grants; ``(2) a cost-analysis for such helium; ``(3) the predominant production sources for such helium; ``(4) expected or experienced impacts of helium supply shortages or prices on the research projects and facilities supported by the Department; and ``(5) recommendations for reducing Department grant recipients' exposure to volatile helium prices. ``(c) Coordination.--In carrying out the program under this section, the Director shall coordinate with the National Science Foundation and other relevant Federal agencies on helium conservation activities. ``(d) Duration.--The program established under this section shall receive support for a period of not more than 5 years, subject to the availability of appropriations. ``(e) Renewal.--Upon expiration of any period of support of the program under this section, the Director may renew support for the program for a period of not more than 5 years. ``SEC. 315. OFFICE OF SCIENCE EMERGING INFECTIOUS DISEASE COMPUTING RESEARCH INITIATIVE. ``(a) In General.--The Secretary, in coordination with the Director of the National Science Foundation and the Administrator of the National Aeronautics and Space Administration, shall establish within the Office of Science, a cross-cutting research initiative to leverage the Federal Government's innovative analytical resources and tools, user facilities, and advanced computational and networking capabilities in order to prevent, prepare for, and respond to emerging infectious diseases, including COVID-19. The Secretary shall carry out this initiative through a competitive, merit-reviewed process, and consider applications from National Laboratories, institutions of higher education, multi-institutional collaborations, industry partners and other appropriate entities. ``(b) Activities.--In carrying out the initiative established under subsection (a), the Secretary shall coordinate with programs across the Office of Science and with relevant Federal agencies to determine a comprehensive set of technical milestones for these research activities and prioritize the following objectives-- ``(1) supporting fundamental research and development in advanced analytics, experimental studies, materials synthesis, high-performance computing technologies needed to characterize, model, simulate, and predict complex phenomena and biological materials related to emerging infectious diseases, including COVID-19 challenges, including a focus on testing and diagnostics, experimental data acquisition, sharing and management, advanced manufacturing, and molecular design and modeling; ``(2) using expertise from the private sector, institutions of higher education, and the National Laboratories to develop computational software and capabilities that prospective users may accelerate emerging infectious diseases research and development; ``(3) leveraging the research infrastructure of the Department, including scientific computing user facilities, x- ray light sources, neutron scattering facilities, nanoscale science research centers, and sequencing and bio- characterization facilities by coordinating with the Advanced Scientific Computing Research, Basic Energy Sciences, and Biological and Environmental Research programs within the Office of Science; ``(4) leveraging experience from existing modeling and simulation research and work sponsored by the Department and promoting collaboration and data sharing between National Laboratories, research entities, and user facilities of the Department by providing the necessary access and secure data transfer capabilities; and ``(5) ensuring that new experimental and computational tools are accessible to relevant research communities, including private sector entities to address emerging infectious diseases, including COVID-19 challenges. ``(c) Coordination.--In carrying out this initiative, the Secretary shall ensure, to the maximum extent practicable, coordination of these activities with the Department of Energy National Laboratories, institutions of higher education, and the private sector. ``(d) Emerging Infectious Diseases High Performance Computing Research Consortium.-- ``(1) In general.--The Secretary in coordination with the Director of the National Science Foundation and the Director of the Office of Science and Technology Policy shall establish and operate an Emerging Infectious Diseases High Performance Computing Research Consortium (referred to in this section as the `Consortium'), to support the initiative under subsection (a) by providing, to the extent practicable, a centralized entity for multidisciplinary, collaborative, emerging infectious disease research and development through high performance computing and advanced data analytics technologies and processes. ``(2) Membership.--The members of such consortium may include representatives from relevant Federal agencies, the private sector, institutions of higher education, which can each contribute relevant compute time, capabilities, or other resources. ``(3) Activities.--The Consortium shall-- ``(A) match applicants with available Federal and private sector computing resources; ``(B) consider supplemental awards for computing partnerships with Consortium members to qualifying entities on a competitive merit-review basis; ``(C) encourage collaboration and communication among member representatives of the consortium and awardees; ``(D) make available the high-performance computing capabilities, expertise, and user facilities of the Department and the National Laboratories; and ``(E) submit an annual report to the Secretary summarizing the activities of the Consortium, including-- ``(i) describing each project undertaken by the Consortium; ``(ii) detailing organizational expenditures; and ``(iii) evaluating contribution to the achievement of technical milestones as determined in subsection (a). ``(4) Coordination.--The Secretary shall ensure the coordination of, and avoid unnecessary duplication of, the activities of the Consortium with the activities of other research entities of the Department, institutions of higher education and the private sector. ``(e) Report.--Not later than 2 years after the date of enactment of the Department of Energy Science for the Future Act, the Secretary shall submit to the Committee on Science, Space, and Technology of the House, and the Committee on Energy and Natural Resources of the Senate, and the Committee on Commerce, Science, and Transportation of the Senate a report detailing the effectiveness of-- ``(1) the interagency coordination between each Federal agency involved in the research initiative carried out under this section; ``(2) the collaborative research achievements of the initiative, including the achievement of the technical milestones determined under subsection (a); and ``(3) potential opportunities to expand the technical capabilities of the Department. ``(f) Funding.--From within funds authorized to be appropriated for the Department's Office of Science, there shall be made available to the Secretary to carry out the activities under this subsection, $50,000,000 for fiscal years 2022 and 2023. ``(g) Prohibition.-- ``(1) In general.--In carrying out this Act, the Secretary may not carry out gain-of-function research of concern. ``(2) Gain-of-function research defined.--For the purposes of this subsection, `gain-of-function research of concern' means research activities with the potential to generate pathogens with high transmissibility and high virulence in humans. ``SEC. 316. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Secretary to carry out the activities described in this title-- ``(1) $8,801,915,000 for fiscal year 2022; ``(2) $9,451,015,300 for fiscal year 2023; ``(3) $10,160,677,621 for fiscal year 2024; ``(4) $10,693,625,004 for fiscal year 2025; and ``(5) $11,145,798,345 for fiscal year 2026.''. (b) Table of Contents.--Section 1(b) of the Department of Energy Research and Innovation Act is amended in the table of contents by inserting after the item relating to section 309 the following: ``Sec. 310. Accelerator research and development. ``Sec. 311. Isotope Development and Production for Research Applications. ``Sec. 312. Increased collaboration with teachers and scientists. ``Sec. 313. High intensity laser research initiative. ``Sec. 314. Helium conservation program. ``Sec. 315. Office of Science Emerging Infectious Disease Computing Research Initiative. ``Sec. 316. Authorization of appropriations.''. SEC. 14. STATE-OWNED ENTERPRISES PROHIBITION. (a) Innovate in America.--In carrying out this Act or the amendments made by this Act, the Secretary may not award a contract, subcontract, grant, or loan to an entity that-- (1) is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a country that-- (A) is identified as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18))) as of the date of enactment of this Act; (B) was identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as a priority foreign country under subsection (a)(2) of that section; and (C) is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C. 2416); or (2) is listed pursuant to section 9(b)(3) of the Uyghur Human Rights Policy Act of 2020 (Public Law 116-145). (b) Exception.--For purposes of subsection (a), the Secretary may issue a waiver, to be made publicly available, to an entity in which the legal or financial connection to a corporation is a minority relationship or investment. (c) International Agreements.--This section shall be applied in a manner consistent with the obligations of the United States under international agreements. SEC. 15. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives June 28, 2021. Attest: CHERYL L. JOHNSON, Clerk.

Department of Energy Science for the Future Act

To provide guidance for and investment in the research and development activities of the Department of Energy Office of Science, and for other purposes.

Department of Energy Science for the Future Act Department of Energy Science for the Future Act Department of Energy Science for the Future Act Department of Energy Science for the Future Act

Rep. Johnson, Eddie Bernice

D

TX

H.R.6465

Crime and Law Enforcement

Prenatal Nondiscrimination Act of 2022 or the PRENDA Act of 2022 This bill creates new federal crimes related to the performance of sex-selection abortions (i.e., abortions based on the sex or gender of an unborn child). It subjects a violator to criminal penalties—a fine, a prison term of up to five years, or both. It also authorizes civil remedies, including damages and injunctive relief. A woman who undergoes a sex-selection abortion may not be prosecuted or held civilly liable.

To prohibit discrimination against the unborn on the basis of sex, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Prenatal Nondiscrimination Act of 2022'' or the ``PRENDA Act of 2022''. SEC. 2. FINDINGS AND CONSTITUTIONAL AUTHORITY. (a) Findings.--The Congress makes the following findings: (1) Women and girls possess the same fundamental human rights and civil rights as men and are essential to the formation of stable, peaceful societies. (2) Approximately 126,000,000 women and girls are missing from the world population due to systematic violence against women and girls, particularly sex-selection abortions, according to the United Nations Population Fund. (3) United States law prohibits the dissimilar treatment of males and females who are similarly situated and prohibits sex discrimination in various contexts, including the provision of employment, education, housing, health insurance coverage, and athletics. (4) A ``sex-selection abortion'' is an abortion undertaken for purposes of eliminating an unborn child of an undesired sex. Sex-selection abortion is described by scholars and civil rights advocates as an act of sex-based or gender-based violence, predicated on sex discrimination. By definition, sex- selection abortions do not implicate the health of the mother of the unborn, but instead are elective procedures motivated by sex or gender bias. (5) The targeted victims of sex-selection abortions performed in the United States and worldwide are overwhelmingly female. (6) Sex-selection abortions are not expressly prohibited by United States law, and only 7 States ban abortions for reason of sex selection at some point in pregnancy. Sex is an immutable characteristic ascertainable at the earliest stages of human development through existing medical technology and procedures commonly in use, including maternal-fetal bloodstream DNA sampling, amniocentesis, chorionic villus sampling or ``CVS'', and obstetric ultrasound. (7) Sex-selection abortions have the effect of diminishing the representation of women in the American population, and therefore, the American electorate. (8) Sex-selection abortions reinforce sex discrimination and have no place in a civilized society. (9) The history of the United States includes many examples of sex discrimination. The people of the United States ultimately responded in the strongest possible legal terms by enacting a constitutional amendment correcting an element of this discrimination. Women, once subjected to sex discrimination that denied them the right to vote, now have suffrage guaranteed by the 19th Amendment. The elimination of discriminatory practices has been and is among the highest priorities and greatest achievements of American history. (10) Implicitly approving the discriminatory practices of sex-selection abortion by choosing not to prohibit them will reinforce sex discrimination, and coarsen society to the value of females. Thus, Congress has a compelling interest in acting--indeed it must act--to prohibit sex-selection abortion. (b) Constitutional Authority.--In accordance with the above findings, Congress enacts the following pursuant to Congress' power under-- (1) the Commerce Clause; (2) section 5 of the 14th Amendment, including the power to enforce the prohibition on government action denying equal protection of the laws; and (3) section 8 of article I to make all laws necessary and proper for the carrying into execution of powers vested by the Constitution in the Government of the United States. SEC. 3. DISCRIMINATION AGAINST THE UNBORN ON THE BASIS OF SEX. (a) In General.--Chapter 13 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 250. Discrimination against the unborn on the basis of sex ``(a) In General.--Whoever knowingly-- ``(1) performs an abortion knowing that such abortion is sought based on the sex or gender of the child; ``(2) uses force or the threat of force to intentionally injure or intimidate any person for the purpose of coercing a sex-selection abortion; ``(3) solicits or accepts funds for the performance of a sex-selection abortion; or ``(4) transports a woman into the United States or across a State line for the purpose of obtaining a sex-selection abortion, or attempts to do so, shall be fined under this title or imprisoned not more than 5 years, or both. ``(b) Civil Remedies.-- ``(1) Civil action by woman on whom abortion is performed.--A woman upon whom an abortion has been performed or attempted in violation of subsection (a)(2) may in a civil action against any person who engaged in a violation of subsection (a) obtain appropriate relief. ``(2) Civil action by relatives.--The father of an unborn child who is the subject of an abortion performed or attempted in violation of subsection (a), or a maternal grandparent of the unborn child if the pregnant woman is an unemancipated minor, may in a civil action against any person who engaged in the violation, obtain appropriate relief, unless the pregnancy or abortion resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion. ``(3) Appropriate relief.--Appropriate relief in a civil action under this subsection includes-- ``(A) objectively verifiable money damages for all injuries, psychological and physical, including loss of companionship and support, occasioned by the violation of this section; and ``(B) punitive damages. ``(4) Injunctive relief.-- ``(A) In general.--A qualified plaintiff may in a civil action obtain injunctive relief to prevent an abortion provider from performing or attempting further abortions in violation of this section. ``(B) Definition.--In this paragraph the term `qualified plaintiff' means-- ``(i) a woman upon whom an abortion is performed or attempted in violation of this section; ``(ii) a maternal grandparent of the unborn child if the woman upon whom an abortion is performed or attempted in violation of this section is an unemancipated minor; ``(iii) the father of an unborn child who is the subject of an abortion performed or attempted in violation of subsection (a); or ``(iv) the Attorney General. ``(5) Attorneys fees for plaintiff.--The court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this subsection. ``(c) Bar to Prosecution.--A woman upon whom a sex-selection abortion is performed may not be prosecuted or held civilly liable for any violation of this section, or for a conspiracy to violate under this section, for a conspiracy to violate this section, or for an offense under section 2, 3, or 4 of this title based on a violation of this section. ``(d) Loss of Federal Funding.--A violation of subsection (a) shall be deemed for the purposes of title VI of the Civil Rights Act of 1964 to be discrimination prohibited by section 601 of that Act. ``(e) Reporting Requirement.--A physician, physician's assistant, nurse, counselor, or other medical or mental health professional shall report known or suspected violations of any of this section to appropriate Federal, State, and local law enforcement authorities. Whoever violates this requirement shall be fined under this title or imprisoned not more than 1 year, or both. ``(f) Expedited Consideration.--It shall be the duty of the United States district courts, United States courts of appeal, and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under this section. ``(g) Protection of Privacy in Court Proceedings.-- ``(1) In general.--Except to the extent the Constitution or other similarly compelling reason requires, in every civil or criminal action under this section, the court shall make such orders as are necessary to protect the anonymity of any woman upon whom an abortion has been performed or attempted if she does not give her written consent to such disclosure. Such orders may be made upon motion, but shall be made sua sponte if not otherwise sought by a party. ``(2) Orders to parties, witnesses, and counsel.--The court shall issue appropriate orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the identity of the woman described in paragraph (1) from public disclosure. ``(3) Pseudonym required.--In the absence of written consent of the woman upon whom an abortion has been performed or attempted, any party, other than a public official, who brings an action under this section shall do so under a pseudonym. ``(4) Limitation.--This subsection shall not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant. ``(h) Definition.--In this section-- ``(1) the term `abortion' means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to-- ``(A) kill the unborn child of a woman known to be pregnant; or ``(B) terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(i) after viability to produce a live birth and preserve the life and health of the child born alive; or ``(ii) to remove a dead unborn child; and ``(2) the term `sex-selection abortion' means an abortion undertaken for purposes of eliminating an unborn child of an undesired sex.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 13 of title 18, United States Code, is amended by adding after the item relating to section 249 the following new item: ``250. Discrimination against the unborn on the basis of sex.''. SEC. 4. SEVERABILITY. If any portion of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the portions or applications of this Act which can be given effect without the invalid portion or application. <all>

PRENDA Act of 2022

To prohibit discrimination against the unborn on the basis of sex, and for other purposes.

PRENDA Act of 2022 Prenatal Nondiscrimination Act of 2022

Rep. Wagner, Ann

R

MO

H.R.2511

Commerce

Competition in Professional Baseball Act This bill removes the limited exemption from the antitrust laws for professional baseball clubs. For purposes of this bill, the term antitrust laws means laws to protect against unlawful restraints and monopolies (Clayton Act) and to protect against unfair methods of competition (Federal Trade Commission Act).

To subject professional baseball clubs to the antitrust laws. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Competition in Professional Baseball Act''. SEC. 2. PROFESSIONAL BASEBALL SUBJECT TO ANTITRUST LAWS. (a) Definition.--In this section, the term ``antitrust laws''-- (1) has the meaning given the term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12); and (2) includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such section applies to unfair methods of competition. (b) Removal of Exemption.--Professional baseball clubs shall not be exempt from the antitrust laws. (c) Repeal.--Section 27 of the Clayton Act (15 U.S.C. 26b) is repealed. <all>

Competition in Professional Baseball Act

To subject professional baseball clubs to the antitrust laws.

Competition in Professional Baseball Act

Rep. Duncan, Jeff

R

SC

H.R.8536

International Affairs

Commission on Reform and Modernization of the Department of State Act This bill establishes in the legislative branch a commission to examine the changing nature of diplomacy in the 21st century and ways the Department of State and its personnel can modernize to advance U.S. interests. The commission must offer recommendations related to topics such as (1) the State Department's organizational structure and infrastructure, (2) the link between diplomacy and other core U.S. interests such as defense, and (3) the core legislation that authorizes U.S. diplomacy. The commission must also periodically brief Congress on its work. Within 18 months of this bill's enactment, the commission must provide to Congress and the President its final report of findings, conclusions, and recommendations. The report must also examine all substantive aspects of State Department personnel, management, and operations. The commission shall terminate 180 days after the submission of the final report.

To establish a commission to reform and modernize the Department of State. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Reform and Modernization of the Department of State Act''. SEC. 2. ESTABLISHMENT OF COMMISSION. There is established in the legislative branch the Commission on Reform and Modernization of the Department of State (in this Act referred to as the ``Commission''). SEC. 3. PURPOSES. The purposes of the Commission are to examine the changing nature of diplomacy in the 21st century and ways that the Department of State and its personnel can modernize to advance the interests of the United States, as well as offer recommendations related to-- (1) the organizational structure of the Department of State; (2) personnel-related matters, to include recruitment, promotion, training, and retention of the Department of State's workforce in order to retain the best and brightest personnel and foster effective diplomacy worldwide, including measures to strengthen diversity and inclusion to ensure that the Department's workforce represents all of America; (3) the Department of State's infrastructure--both domestic and overseas--to include information technology, transportation, and security; (4) the link between diplomacy and defense, intelligence, development, commercial, health, law enforcement, and other core United States interests; (5) core legislation that authorizes United States diplomacy, including the Foreign Service Act of 1980 (Public Law 96-465); (6) related regulations, rules, and processes that define United States diplomatic efforts, including the Foreign Affairs Manual; (7) Chief of Mission authority at United States diplomatic missions overseas, including authority over employees of other Federal departments and agencies; and (8) treaties that impact United States overseas presence. SEC. 4. MEMBERSHIP. (a) Composition.-- (1) In general.--The Commission shall be composed of 8 members of whom-- (A) one member shall be appointed by the chairperson of the Committee on Foreign Affairs of the House of Representatives; (B) one member shall be appointed by the ranking member of the Committee on Foreign Affairs of the House of Representatives; (C) one member shall be appointed by the chairperson of the Committee on Foreign Relations of the Senate; (D) one member shall be appointed by the ranking member of the Committee on Foreign Relations of the Senate; (E) one member shall be appointed by the Speaker of the House of Representatives; (F) one member shall be appointed by the majority leader of the Senate; (G) one member shall be appointed by the minority leader of the House of Representatives; and (H) one member shall be appointed by the minority leader of the Senate. (2) Deadline for appointment.--The appointments of members of the Commission under this subsection shall be made not later than 90 days after the date of enactment of this Act. (b) Co-Chairpersons.--The Speaker of the House of Representatives and the majority leader of the Senate shall select one member of the Commission appointed under subsection (a) to serve as a co-chairperson of the Commission, and the minority leader of the House of Representatives and the minority leader of the Senate shall select one member of the Commission appointed under subsection (a) to serve as a co-chairperson of the Commission. (c) Qualifications; Meetings.-- (1) Membership.-- (A) In general.--It is the sense of Congress that the members of the Commission appointed under subsection (a) should-- (i) be prominent United States citizens, with national recognition and significant depth of experience in international relations and the Department of State; (ii) have leadership experience related to international relations, diplomacy, and data- driven management; (iii) have significant expertise in international relations, diplomacy, economics, technology, labor relations, energy, and foreign assistance; (iv) have an understanding of management challenges that may hinder the Department of State in carrying out its mission to the most effective extent possible; and (v) maintain a deep understanding of the Department of State's Civil and Foreign Service workforces, including the challenges and opportunities the Department of State faces in managing two personnel systems. (B) Prohibitions.--A member of the Commission appointed under subsection (a) may not-- (i) be a current Member of Congress; or (ii) be a current or former registrant under the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.). (2) Meetings.-- (A) Initial meeting.--The Commission shall hold its first meeting not later than 30 days after the date on which all members of the Commission have been appointed. (B) Frequency.--The Commission shall meet at the call of the co-chairpersons of the Commission. (C) Quorum.--A majority of the members of the Commission shall constitute a quorum for purposes of conducting business, except that two members of the Commission shall constitute a quorum for purposes of receiving testimony. (3) Vacancies.--Any vacancy in the Commission shall not affect the powers of the Commission, but shall be filled in the same manner as the original appointment. SEC. 5. FUNCTIONS OF COMMISSION. (a) In General.--The Commission shall act by resolution agreed to by a majority of the members of the Commission voting and present. (b) Panels.--The Commission may establish panels composed of less than the full membership of the Commission for purposes of carrying out the duties of the Commission under this Act. The actions of any such panel shall be subject to the review and control of the Commission. Any findings and determinations made by such a panel shall not be considered the findings and determinations of the Commission unless approved by the Commission. (c) Delegation.--Any member, agent, or staff of the Commission may, if authorized by the co-chairpersons of the Commission, take any action which the Commission is authorized to take pursuant to this Act. SEC. 6. POWERS OF COMMISSION. (a) Hearings and Evidence.--The Commission or, as delegated by the co-chairpersons of the Commission, any panel or member thereof, may, for the purpose of carrying out this Act-- (1) hold such hearings and meetings, take such testimony, receive such evidence, and administer such oaths as the Commission or such designated subcommittee or designated member considers necessary; (2) require the attendance and testimony of such witnesses and the production of such correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member considers necessary; and (3) subject to applicable privacy laws and relevant regulations, secure directly from any Federal department or agency information and data necessary to enable it to carry out its mission, which shall be provided by the head or acting representative of the department or agency not later than 30 days after the Commission provides a written request for such information and data. (b) Contracts.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this Act. (c) Information From Federal Agencies.-- (1) In general.--The Commission may secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this Act. (2) Furnishing information.--Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by a co-chairperson of the Commission, the chairman of any panel created by a majority of the Commission, or any member designated by a majority of the Commission. (3) Handling.--Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (d) Assistance From Federal Agencies.-- (1) Secretary of state.--The Secretary of State shall provide to the Commission, on a non-reimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the Commission's duties under this Act. (2) Other departments and agencies.--Other Federal departments and agencies may provide the Commission such services, funds, facilities, staff, and other support as such departments and agencies consider advisable and as may be authorized by law. (3) Cooperation.--The Commission shall receive the full and timely cooperation of any official, department, or agency of the Federal Government whose assistance is necessary, as jointly determined by the co-chairpersons of the Commission, for the fulfillment of the duties of the Commission, including the provision of full and current briefings and analyses. (4) Designation.--The Secretary of State shall designate an individual from the Department of State at the level of Assistant Secretary to engage and liaise with the Commission. (e) Assistance From Independent Organizations.-- (1) In general.--In order to inform its work, the Commission should review reports written within the last 15 years by independent organizations and outside experts relating to reform and modernization of the Department of State. (2) Avoiding duplication.--In analyzing the reports specified under paragraph (1), the Commission should pay particular attention to any specific reform proposal that has been recommended by two or more such reports. (f) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (g) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (h) Congressional Consultation.--Not less frequently than once every 90 days, the Commission shall provide a briefing to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate regarding the work of the Commission. SEC. 7. STAFF AND COMPENSATION. (a) Staff.-- (1) Compensation.--The co-chairpersons of the Commission, in accordance with rules agreed upon by the Commission, shall appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of such title. (2) Detail of government employees.--A Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (3) Procurement of temporary and intermittent services.-- The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of that title. (b) Commission Members.-- (1) Compensation.-- (A) In general.--Except as provided in paragraph (2), each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission under this Act. (B) Waiver of certain provisions.--Subsections (a) through (d) of section 824 of the Foreign Service Act of 1980 (22 U.S.C. 4064) are waived for an annuitant on a temporary basis so as to be compensated for work performed as part of the Commission. (c) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members and staff of the Commission, as well as any Federal Government employees detailed to the Commission, shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. (d) Security Clearances for Commission Members and Staff.--The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided with access to classified information under this Act without the appropriate security clearances. SEC. 8. REPORT. (a) In General.--Not later than 18 months after the date of the enactment of this Act, the Commission shall submit to the President and Congress a final report that examines all substantive aspects of Department of State personnel, management, and operations and contains such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (b) Elements.--The report required under subsection (a) shall include findings, conclusions, and recommendations related to-- (1) the organizational structure of the Department of State; (2) personnel-related matters, to include recruitment, promotion, training, and retention of the Department of State's workforce in order to retain the best and brightest personnel and foster effective diplomacy worldwide, including measures to strengthen diversity and inclusion to ensure that the Department's workforce represents all of America; (3) the Department of State's infrastructure--both domestic and overseas--to include information technology, transportation, and security; (4) the link between diplomacy and defense, intelligence, development, commercial, health, law enforcement, and other core United States interests; (5) core legislation that authorizes United States diplomacy; (6) related regulations, rules, and processes that define United States diplomatic efforts, including the Foreign Affairs Manual; (7) treaties that impact United States overseas presence; (8) the authority of Chiefs of Mission at United States diplomatic missions overseas, including the degree of authority that Chiefs of Mission exercise in reality over Department of State and other Federal employees at overseas posts; (9) any other areas that the Commission consider necessary for a complete appraisal of United States diplomacy and Department of State management and operations; and (10) the amount of time, manpower, and financial resources that would be necessary to implement the recommendations specified under this subsection. (c) Department of State Response.--Before the Commission submits its report to the President and Congress, the Secretary of State shall have the right to review and respond to all Commission recommendations not later than 90 days after receiving the recommendations from the Commission. SEC. 9. TERMINATION OF COMMISSION. (a) In General.--The Commission, and all the authorities under this Act, shall terminate 180 days after the date on which the final report is submitted under section 8. (b) Administrative Activities Before Termination.--The Commission may use the 180-day period referred to in subsection (a) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the report. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to the Commission to carry out this Act $6,000,000 for fiscal year 2023. (b) Availability.--Amounts made available to the Commission under subsection (a) shall remain available until the termination of the Commission. SEC. 11. INAPPLICABILITY OF CERTAIN ADMINISTRATIVE PROVISIONS. (a) Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (b) Freedom of Information Act.--The provisions of section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act), shall not apply to the activities, records, and proceedings of the Commission under this Act. <all>

Commission on Reform and Modernization of the Department of State Act

To establish a commission to reform and modernize the Department of State.

Commission on Reform and Modernization of the Department of State Act

Rep. Meijer, Peter

R

MI

H.R.9431

Crime and Law Enforcement

Second Look Act of 2022 This bill allows a defendant who has served at least 10 years in prison to petition a federal court for a sentence reduction. Specifically, a court may reduce the prison term for a defendant if (1) the imposed prison term was more than 10 years; (2) the defendant has served at least 10 years in custody; and (3) the court finds that the defendant is not a danger to public safety, is ready for reentry, and the interests of justice warrant a sentence modification. The bill outlines the factors a court may consider in reducing a prison term. Further, the bill creates a rebuttable presumption of release for a defendant who is 50 years of age or older on the date of the petition.

To enable incarcerated persons to petition a Federal court for a second look at sentences longer than 10 years, where the person is not a danger to the safety of any person or the community and has shown they are ready for reentry, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Second Look Act of 2022''. SEC. 2. FINDINGS. (a) Findings Related to the United States Criminal Justice System.--Congress finds the following: (1) Although the United States has less than 5 percent of the world's population, the United States holds approximately 19 percent of the world's incarcerated population and has the highest rate of incarceration in the world, with more than 1,700,000 people incarcerated in State and Federal prisons and local jails. (2) The prison population of the United States has increased by more than 270 percent over a 40-year period preceding the date of enactment of this Act. (3) The United States incarcerates citizens of the United States at 5 to 10 times the rate of other industrialized nations. (4) The face of incarceration in the United States is not exclusively male. Although less than 5 percent of women in the world live in the United States, the United States houses nearly 30 percent of the world's incarcerated women. (5) The growth of the incarceration of women in the United States has outpaced that of men by nearly 2-to-1, growing more than 475 percent between 1980 and 2020. Fifty-eight percent of incarcerated women are mothers of minor children and most are the primary caretakers for their children. (6) The overall prison population of the United States peaked in 2009 and declined at an annual rate of 1 percent during the subsequent decade. At this pace, it would take until 2078, or 56 years, to reduce the prison population by 50 percent. (7) In 2020, the prison population declined by 15 percent in response to safety precautions related to the COVID-19 pandemic, but some prison populations have since bounced back up. (8) Nearly 50 percent of the United States Federal prison population in 2022 is incarcerated for a drug trafficking offense. (b) Findings Related to the Need for a Second Look.--Congress finds the following: (1) A second look at the sentences for incarcerated individuals is needed. (2) Life sentences of imprisonment and long sentences without the possibility of review violate human rights standards. (3) One out of 7 incarcerated individuals is currently serving a life sentence or a virtual life sentence of 50 years or longer. More than 25 percent of those individuals are sentenced to life without parole. One out of every 15 women in prison, or nearly 7,000 women, is serving a life sentence or virtual life sentence. (4) In 2020, 147,920 people were serving a life sentence or virtual life sentence in the United States, and 55,945 people were serving a sentence of life without parole, compared to a total of 63 people serving a life sentence without the possibility of release in the United Kingdom. (5) Mandatory minimum penalties continue to result in long sentences in the Federal prison system, and-- (A) as of 2016-- (i) 55.7 percent of the Federal prison population had been sentenced under a mandatory minimum provision; and (ii) 25 percent of Federal prisoners serving life or virtual life sentences have been convicted of nonviolent crimes, including 30 percent for a drug crime; and (B) in 2021, the average sentence length for individuals who were convicted of an offense carrying a mandatory minimum penalty was 139 months of imprisonment. (6) Among those individuals serving life without parole sentences, 40 percent have been convicted of a drug related crime. (7) The United States has much more punitive sentencing laws than the rest of the world, as-- (A) sentence lengths in most European countries rarely exceed 20 years; (B) Norway abolished life sentences in 1981, and under Norwegian law, the maximum prison term is 21 years; (C) in Denmark and Sweden, individuals serving life sentences can be released after 12 years and 18 years of imprisonment, respectively; and (D) in Latin America, only 6 out of 19 countries maintain statutes that allow life imprisonment. (8) With the abolition of parole under the Sentencing Reform Act of 1984 (Public Law 98-473; 98 Stat. 1987), there are extremely limited options for review of Federal sentences, which differs greatly from the rest of the world, as-- (A) Belgium requires a parole review of life sentences after 10 years; (B) Germany requires a parole review of life sentences after 15 years; and (C) the International Criminal Court requires a parole review of life sentences after 25 years. (9) An incarcerated individual should not be precluded from receiving a second look review of their sentence because of the nature of the crime for which the individual was convicted, as-- (A) individuals tend to age out of criminal activity starting around 25 years of age; (B) released individuals over the age of 50 have a very low recidivism rate; (C) several studies, State policies and programs, and the National Institute of Corrections of the Bureau of Prisons consider incarcerated individuals aged 50 and above to be elderly; (D) incarcerated people age at an accelerated rate because they are more likely than the general public to experience stresses including long histories of alcohol and drug misuse, insufficient diet, lack of medical care, financial struggles, and stress of maintaining safety while behind bars; (E) the Office of the Inspector General of the Department of Justice has found that ``aging inmates commit less misconduct while incarcerated and have a lower rate of re-arrest once released'' and has recommended the early release of aging inmates to help manage the inmate population and reduce costs at the Bureau of Prisons; (F) the cost to State taxpayers to incarcerate the approximately 250,000 individuals aged 50 or older behind bars as of the date of enactment of this Act is approximately $16,000,000,000 each year; (G) incarceration of individuals beyond the age during which the individuals are likely to commit crime is a drain on taxpayer dollars that does nothing to increase public safety; (H) individuals are capable of redemption; and (I) in the words of Bryan Stevenson, ``each of us is more than the worst thing we've ever done''. SEC. 3. MODIFICATION OF CERTAIN TERMS OF IMPRISONMENT. (a) In General.--Subchapter C of chapter 229 of title 18, United States Code, is amended by inserting after section 3626 the following: ``SEC. 3627. MODIFICATION OF CERTAIN TERMS OF IMPRISONMENT. ``(a) In General.--Notwithstanding any other provision of law, a court may reduce a term of imprisonment imposed upon a defendant if-- ``(1) the imposed term of imprisonment was more than 10 years; ``(2) the defendant has served not less than 10 years in custody for the offense; and ``(3) the court finds, after considering the factors set forth in subsection (c), that-- ``(A) the defendant-- ``(i) is not a danger to the safety of any person or the community; and ``(ii) demonstrates readiness for reentry; and ``(B) the interests of justice warrant a sentence modification. ``(b) Supervised Release.-- ``(1) In general.--Any defendant whose sentence is reduced pursuant to subsection (a), shall be ordered to serve-- ``(A) the term of supervised release included as part of the original sentence imposed on the defendant; or ``(B) in the case of a defendant whose original sentence did not include a term of supervised release, a term of supervised release not to exceed the authorized terms of supervised release described in section 3583. ``(2) Conditions of supervised release.--The conditions of supervised release and any modification or revocation of the term of supervised release shall be in accordance with section 3583. ``(c) Factors and Information To Be Considered in Determining Whether To Modify a Term of Imprisonment.-- ``(1) In general.--The court, in determining whether to reduce a term of imprisonment pursuant to subsection (a)-- ``(A) may consider the factors described in section 3553(a), including the nature of the offense and the history and characteristics of the defendant; and ``(B) shall consider-- ``(i) the age of the defendant at the time of the offense; ``(ii) the age of the defendant at the time of the sentence modification petition and relevant data regarding the decline in criminality as the age of a defendant increases; ``(iii) any presentation of argument and evidence by counsel for the defendant; ``(iv) a report and recommendation of the Bureau of Prisons, including information on whether the defendant has substantially complied with the rules of each institution in which the defendant has been confined and whether the defendant has completed any educational, vocational, or other prison program, where available; ``(v) any report and recommendation of the United States attorney for any district in which an offense for which the defendant is imprisoned was prosecuted; ``(vi) whether the defendant has demonstrated maturity, rehabilitation, and a fitness to reenter society sufficient to justify a sentence reduction; ``(vii) any statement, which may be presented orally or otherwise, by any victim of an offense for which the defendant is imprisoned or by a family member of the victim if the victim is deceased; ``(viii) any report from a physical, mental, or psychiatric examination of the defendant conducted by a licensed health care professional; ``(ix) the family and community circumstances of the defendant, including any history of abuse, trauma, or involvement in the child welfare system, and the potential benefits to children and family members of reunification with the defendant; ``(x) the role of the defendant in the offense and whether, and to what extent, an adult was involved in the offense if the defendant was a juvenile at the time of the offense; ``(xi) the diminished culpability of juveniles as compared to that of adults, and the hallmark features of youth, including immaturity, impetuosity, and failure to appreciate risks and consequences, if the defendant was a juvenile at the time of the offense; and ``(xii) any other information the court determines relevant to the decision of the court. ``(2) Rebuttable presumption.--In the case of a defendant who is 50 years of age or older on the date on which the defendant files an application for a sentence reduction under subsection (a), there shall be a rebuttable presumption that the defendant shall be released. ``(d) Limitation on Applications Pursuant to This Section.-- ``(1) Second application.--Not earlier than 5 years after the date on which an order denying release on an initial application under this section becomes final, a court shall entertain a second application by the same defendant under this section. ``(2) Third application.--Not earlier than 2 years after the date on which an order entered by a court on a second application under paragraph (1) becomes final, a court shall entertain a third application by the same defendant under this section. ``(3) Final application.--A court shall entertain a final application if the defendant-- ``(A) is 50 years of age or older; and ``(B) has exhausted the sentencing modification process. ``(e) Procedures.-- ``(1) Notice.--Not later than 30 days after the date on which the 10th year of imprisonment begins for a defendant sentenced to more than 10 years of imprisonment for an offense, the Bureau of Prisons shall provide written notice of this section to-- ``(A) the defendant; and ``(B) the sentencing court, the United States attorney, and the Federal Public Defender or Executive Director of the Community Defender Organization for the judicial district in which the sentence described in this paragraph was imposed. ``(2) Application.-- ``(A) In general.--An application for a sentence reduction under this section shall be filed in the judicial district in which the sentence was imposed as a motion to reduce the sentence of the defendant pursuant to this section and may include affidavits or other written material. ``(B) Requirement.--A motion to reduce a sentence under this section shall be filed with the sentencing court and a copy shall be served on the United States attorney for the judicial district in which the sentence was imposed. ``(3) Expanding the record; hearing.-- ``(A) Expanding the record.--After the filing of a motion to reduce a sentence under this section, the court may direct the parties to expand the record by submitting additional written materials relating to the motion. ``(B) Hearing.-- ``(i) In general.--The court shall, upon request of the defendant or the Government, conduct a hearing on the motion, at which the defendant and counsel for the defendant shall be given the opportunity to be heard. ``(ii) Evidence.--In a hearing under this section, the court shall allow parties to present evidence. ``(iii) Defendant's presence.--At a hearing under this section, the defendant shall be present unless the defendant waives the right to be present. The requirement under this clause may be satisfied by the defendant appearing by video teleconference. ``(iv) Counsel.--A defendant who is unable to afford counsel is entitled to have counsel appointed, at no cost to the defendant, to represent the defendant for the application and proceedings under this section, including any appeal, unless the defendant expressly waives the right to counsel after being fully advised of their rights by the court. ``(v) Findings.--The court shall state in open court, and file in writing, the reasons for granting or denying a motion under this section. ``(C) Appeal.--The Government or the defendant may file a notice of appeal in the district court for review of a final order under this section. The time limit for filing such appeal shall be governed by rule 4(a) of the Federal Rules of Appellate Procedure. ``(4) Crime victims rights.--Upon receiving an application under paragraph (2), the United States attorney shall provide any notifications required under section 3771. ``(f) Annual Report.-- ``(1) In general.--Not later than 1 year after the date of enactment of the Second Look Act of 2022, and once every year thereafter, the United States Sentencing Commission shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on requests for sentence reductions under this section. ``(2) Contents.--Each report required to be published under paragraph (1) shall include, for the 1-year period preceding the report-- ``(A) the number of-- ``(i) incarcerated individuals who were granted a sentence reduction under this section; and ``(ii) incarcerated individuals who were denied a sentence reduction under this section; ``(B) the number of incarcerated individuals released from prison under this section; ``(C) the demographic characteristics, including race and gender, of-- ``(i) the incarcerated individuals who applied for a sentenced reduction under this section; ``(ii) the incarcerated individuals who were granted a sentence reduction under this section; and ``(iii) the incarcerated individuals who were released under this section; ``(D) the location, categorized by Federal circuit and State, of-- ``(i) the incarcerated individuals who applied for a reduction under this section; ``(ii) the incarcerated individuals who were granted a reduction under this section; and ``(iii) the incarcerated individuals who were released under this section; ``(E) the average sentence reduction granted under this section; ``(F) the number of incarcerated individuals 50 years of age or older who applied for a sentence reduction under this section; ``(G) the number of incarcerated individuals who are 50 years of age or older who were granted a sentence reduction under this section; and ``(H) the number of incarcerated individuals 50 years of age or older who were released from prison under this section. ``(3) Attorney general cooperation.--The Attorney General shall-- ``(A) assist and provide information to the United States Sentencing Commission in the performance of the duties of the Commission under this subsection; and ``(B) promptly respond to requests from the Commission.''. (b) Table of Sections.--The table of sections for subchapter C of chapter 229 of title 18, United States Code, is amended by inserting after the item relating to section 3626 the following: ``3627. Modification of certain terms of imprisonment.''. (c) Technical and Conforming Amendment.--Section 3582(c) of title 18, United States Code, is amended-- (1) in paragraph (1)(B), by striking ``and'' at the end; (2) in paragraph (2), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(3) the court may reduce a term of imprisonment in accordance with section 3627.''. (d) Applicability.--The amendments made by this section shall apply to any conviction entered before, on, or after the date of enactment of this Act. <all>

Second Look Act of 2022

To enable incarcerated persons to petition a Federal court for a second look at sentences longer than 10 years, where the person is not a danger to the safety of any person or the community and has shown they are ready for reentry, and for other purposes.

Second Look Act of 2022

Rep. Bass, Karen

D

CA

H.R.7317

Taxation

Further Incentivizing Nutritious Donations of Food Act of 2022 or the FIND Food Act of 2022 This bill provides tax incentives for food donation. Specifically, it expands the charitable tax deduction for contributions of food inventory to allow donations at reduced prices, allows a deduction for the cost of transporting donated food, and allows a tax credit for donations of food by farmers.

To amend the Internal Revenue Code of 1986 to incentivize food donation through tax credits and deductions, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Further Incentivizing Nutritious Donations of Food Act of 2022'' or the ``FIND Food Act of 2022''. SEC. 2. EXPANSION OF CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF FOOD INVENTORY. (a) Nonprofit Retail Sales.--Section 170(e)(3)(C) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause: ``(vii) Nonprofit retail sale.--For purposes of clause (i), a charitable contribution of food includes a contribution to or for the use of an organization described in subsection (c) that holds such food for nonprofit retail sale at a good Samaritan reduced price. For purposes of the preceding sentence, the term `good Samaritan reduced price' means a price that is an amount not greater than the cost of handling, administering, and distributing such food.''. (b) Effective Date.--The amendment made by this section shall apply to contributions made after the date of the enactment of this Act, in taxable years ending after such date. SEC. 3. TAX DEDUCTION FOR THE COST OF TRANSPORTING DONATED FOOD. (a) In General.--Section 170(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(8) Special rule for certain out-of-pocket expenses in giving services related to charitable contribution of food.-- ``(A) Qualified contributions.--For purposes of this paragraph, the term `qualified contribution' means the transportation costs (or any portion thereof) paid or incurred by the taxpayer with respect to the conveyance of a charitable contribution of food, including the coordination or arrangement of transportation services, determined without regard to whether the contribution is made by a C corporation to an organization which is described in section 501(c)(3) and exempt from tax under section 501(a) (other than a private foundation as defined in section 509(a), which is not an operating foundation as defined in section 4942(j)(3)), but only if-- ``(i) the use of the charitable contribution of food by the donee is related to the purpose or function constituting the basis for the organization's exemption under section 501(a), and the food is to be used by the donee solely for the care of the ill, the needy, or infants, and ``(ii) the taxpayer receives from the donee a written statement representing that the transportation costs resulted from the conveyance or arrangement of conveyance of a charitable contribution of food and that use and disposition of the food will be in accordance with the provisions of clause (i). ``(B) Amount of reduction.--The reduction under paragraph (1)(A) for any qualified contribution (as defined in subparagraph (A)) that is a charitable contribution of food shall be equal to 100 percent of the costs paid or incurred by the taxpayer in connection with the transportation of such charitable contribution of food. ``(C) Limitation.--The aggregate amount of such contributions for any taxable year which may be taken into account under this section shall not exceed-- ``(i) in the case of any taxpayer other than a C corporation, 10 percent of the taxpayer's aggregate net income for such taxable year from all trades or businesses from which such contributions were made for such year, computed without regard to this section, and ``(ii) in the case of a C corporation, 10 percent of taxable income (as defined in subsection (b)(2)(D)).''. (b) Effective Date.--The amendment made by this section shall apply to contributions made after the date of the enactment of this Act, in taxable years ending after such date. SEC. 4. TAX CREDIT FOR FOOD DONATION BY FARMERS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45U. FARMERS FOOD DONATION CREDIT. ``(a) Allowance of Credit.--For purposes of section 38, the farmers food donation credit determined under this section for the taxable year is an amount equal to 50 percent of the fair market value of the qualified donation by an eligible farmer to any organization which is described in section 501(c)(3) and exempt from tax under section 501(a) (other than a private foundation as defined in section 509(a), which is not an operating foundation as defined in section 4942(j)(3)). ``(b) Maximum Credit.--The credit determined under this section with respect to any eligible farmer for any taxable year shall not exceed $20,000. ``(c) Eligible Farmer.--The term `eligible farmer' means any taxpayer engaged in the trade or business of farming. ``(d) Qualified Donation.--The term `qualified donation' means a food crop (including roots, seeds, parts, or products thereof) grown by the taxpayer in the United States that is donated and intended to be used by a donee that is a food bank to provide food to the needy. ``(e) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any amount taken into account in determining the credit under this section.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the farmers food donation credit under section 45U.''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: ``Sec. 45U. Farmers food donation credit.''. (d) Effective Date.--The amendments made by this section shall apply to contributions made after the date of the enactment of this Act, in taxable years ending after the date of the enactment of this section. <all>

FIND Food Act of 2022

To amend the Internal Revenue Code of 1986 to incentivize food donation through tax credits and deductions, and for other purposes.

FIND Food Act of 2022 Further Incentivizing Nutritious Donations of Food Act of 2022

Rep. Brown, Shontel M.

D

OH

S.3541

Armed Forces and National Security

Health Care for Burn Pit Veterans Act This bill updates policies and procedures related to Department of Veterans Affairs (VA) health care and benefits for veterans who have been exposed to toxic substances. Specifically, the bill extends the eligibility period for VA hospital care, medical services, and nursing home care for combat veterans who served after September 11, 2001, and were exposed to toxic substances, radiation, or other conditions, including those who did not enroll to receive VA care during the eligibility period. The VA must incorporate into its existing health care screening a screening to help determine potential exposures to toxic substances during military service. Among other requirements, the VA must also

To improve health care and services for veterans exposed to toxic substances, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care for Burn Pit Veterans Act''. SEC. 2. EXPANSION OF ELIGIBILITY FOR HEALTH CARE FROM DEPARTMENT OF VETERANS AFFAIRS FOR CERTAIN VETERANS EXPOSED TO TOXIC SUBSTANCES. (a) In General.--Section 1710(e)(3) of title 38, United States Code, is amended-- (1) in subparagraph (A)-- (A) by striking ``January 27, 2003'' and inserting ``September 11, 2001''; and (B) by striking ``five-year period'' and inserting ``ten-year period''; (2) by amending subparagraph (B) to read as follows: ``(B) With respect to a veteran described in paragraph (1)(D) who was discharged or released from the active military, naval, air, or space service after September 11, 2001, and before October 1, 2013, but did not enroll to receive such hospital care, medical services, or nursing home care under such paragraph pursuant to subparagraph (A) before October 1, 2022, the one-year period beginning on October 1, 2022.''; and (3) by striking subparagraph (C). (b) Clarification of Coverage.--Section 1710(e)(1)(D) of such title is amended by inserting after ``Persian Gulf War'' the following: ``(to include any veteran who, in connection with service during such period, received the Armed Forces Expeditionary Medal, Service Specific Expeditionary Medal, Combat Era Specific Expeditionary Medal, Campaign Specific Medal, or any other combat theater award established by a Federal statute or an Executive Order)''. (c) Report.--Not later than October 1, 2024, the Secretary of Veterans Affairs 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-- (1) the number of veterans who enrolled in the system of annual patient enrollment of the Department of Veterans Affairs established and operated under section 1705(a) of title 38, United States Code, to receive care pursuant to eligibility under subparagraph (B) of section 1710(e)(3) of such title, as amended by subsection (a)(2); and (2) of the veterans described in paragraph (1), the number of such veterans who reported a health concern related to exposure to a toxic substance or radiation. (d) Outreach Plan.--Not later than December 1, 2022, 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 plan to conduct outreach to veterans described in subparagraph (B) of section 1710(e)(3) of title 38, United States Code, as amended by subsection (a)(2), to notify such veterans of their eligibility for hospital care, medical services, or nursing home care under such subparagraph. (e) Effective Date.--This section and the amendments made by this section shall take effect on October 1, 2022. SEC. 3. INCORPORATION OF TOXIC EXPOSURE SCREENING FOR VETERANS. (a) In General.--Beginning not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall incorporate a screening to help determine potential exposures to toxic substances during active military, naval, air, or space service as part of a health care screening furnished by the Department of Veterans Affairs to veterans enrolled in the system of annual patient enrollment of the Department established and operated under section 1705 of title 38, United States Code, to improve understanding by the Department of exposures of veterans to toxic substances while serving in the Armed Forces. (b) Timing.--The Secretary shall ensure that a veteran described in subsection (a) completes the screening required under such subsection not less frequently than once every five years. (c) Determination of Questions.-- (1) In general.--The questions included in the screening required under subsection (a) shall be determined by the Secretary with input from medical professionals. (2) Specific questions.--At a minimum, the screening required under subsection (a) shall, with respect to a veteran, include-- (A) a question about the potential exposure of the veteran to an open burn pit; and (B) a question regarding exposures that are commonly associated with service in the Armed Forces. (3) Open burn pit defined.--In this subsection, the term ``open burn pit'' means an area of land that-- (A) is designated by the Secretary of Defense to be used for disposing solid waste by burning in the outdoor air; and (B) does not contain a commercially manufactured incinerator or other equipment specifically designed and manufactured for the burning of solid waste. (d) Print Material.--In developing the screening established under subsection (a), the Secretary shall ensure that print materials complementary to such screening that outline related resources for veterans are available at each medical center of the Department to veterans who may not have access to the internet. (e) Screening Updates.--The Secretary shall consider updates to the content of the screening required under subsection (a) not less frequently than biennially to ensure the screening contains the most current information. (f) Active Military, Naval, Air, or Space Service Defined.--In this section, the term ``active military, naval, air, or space service'' has the meaning given that term in section 101(24) of title 38, United States Code. SEC. 4. TRAINING FOR PERSONNEL OF THE DEPARTMENT OF VETERANS AFFAIRS WITH RESPECT TO VETERANS EXPOSED TO TOXIC SUBSTANCES. (a) Health Care Personnel.--The Secretary of Veterans Affairs shall provide to health care personnel of the Department of Veterans Affairs education and training to identify, treat, and assess the impact on veterans of illnesses related to exposure to toxic substances and inform such personnel of how to ask for additional information from veterans regarding different exposures. (b) Benefits Personnel.-- (1) In general.--The Secretary shall incorporate a training program for processors of claims under the laws administered by the Secretary who review claims for disability benefits relating to service-connected disabilities based on exposure to toxic substances. (2) Annual training.--Training provided to processors under paragraph (1) shall be provided not less frequently than annually. SEC. 5. ANALYSIS AND REPORT ON TREATMENT OF VETERANS FOR MEDICAL CONDITIONS RELATED TO TOXIC EXPOSURE. (a) In General.--The Secretary of Veterans Affairs shall analyze, on a continuous basis, all clinical data that-- (1) is obtained by the Department of Veterans Affairs in connection with hospital care, medical services, and nursing home care furnished under section 1710(a)(2)(F) of title 38, United States Code; and (2) is likely to be scientifically useful in determining the association, if any, between the medical condition of a veteran and the exposure of the veteran to a toxic substance. (b) Annual Report.--Not later than one year after the date of the enactment of this Act, and annually thereafter, 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 containing-- (1) the aggregate data compiled under subsection (a); (2) an analysis of such data; (3) a description of the types and incidences of medical conditions identified by the Department under such subsection; (4) the explanation of the Secretary for the incidence of such medical conditions and other explanations for the incidence of such conditions as the Secretary considers reasonable; and (5) the views of the Secretary on the scientific validity of drawing conclusions from the incidence of such medical conditions, as evidenced by the data compiled under subsection (a), regarding any association between such conditions and exposure to a toxic substance. SEC. 6. ANALYSIS RELATING TO MORTALITY OF VETERANS WHO SERVED IN SOUTHWEST ASIA. (a) Analysis.-- (1) In general.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, in coordination with the Secretary of Defense, shall conduct an updated analysis of total and respiratory disease mortality in covered veterans. (2) Elements.--The analysis required by paragraph (1) shall include, to the extent practicable, the following with respect to each covered veteran: (A) Metrics of airborne exposures. (B) The location and timing of deployments of the veteran. (C) The military occupational specialty of the veteran. (D) The Armed Force in which the veteran served. (E) Pre-existing health status of the veteran, including with respect to asthma. (F) Relevant personal information of the veteran, including cigarette and e-cigarette smoking history, diet, sex, gender, age, race, and ethnicity. (b) Covered Veteran Defined.--In this section, the term ``covered veteran'' means any veteran who-- (1) on or after August 2, 1990, served on active duty in-- (A) Bahrain; (B) Iraq; (C) Kuwait; (D) Oman; (E) Qatar; (F) Saudi Arabia; (G) Somalia; or (H) the United Arab Emirates; or (2) on or after September 11, 2001, served on active duty in-- (A) Afghanistan; (B) Djibouti; (C) Egypt; (D) Jordan; (E) Lebanon; (F) Syria; or (G) Yemen. SEC. 7. STUDY ON HEALTH TRENDS OF POST 9/11 VETERANS. The Secretary of Veterans Affairs shall conduct an epidemiological study on the health trends of veterans who served in the Armed Forces after September 11, 2001. SEC. 8. STUDY ON CANCER RATES AMONG VETERANS. (a) In General.--The Secretary of Veterans Affairs shall conduct a study on the incidence of cancer in veterans to determine trends in the rates of the incidence of cancer in veterans. (b) Elements.--The study required by subsection (a) shall assess, with respect to each veteran included in the study, the following: (1) The age of the veteran. (2) The period of service and length of service of the veteran in the Armed Forces. (3) The military occupational specialty or specialties of the veteran. (4) The gender of the veteran. (5) The type or types of cancer that the veteran has. SEC. 9. PUBLICATION OF LIST OF RESOURCES OF DEPARTMENT OF VETERANS AFFAIRS FOR VETERANS EXPOSED TO TOXIC SUBSTANCES AND OUTREACH PROGRAM FOR SUCH VETERANS AND CAREGIVERS AND SURVIVORS OF SUCH VETERANS. (a) Publication of List of Resources.-- (1) In general.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Veterans Affairs shall publish a list of resources of the Department of Veterans Affairs for-- (A) veterans who were exposed to toxic substances; (B) families and caregivers of such veterans; and (C) survivors of such veterans who are receiving death benefits under the laws administered by the Secretary. (2) Update.--The Secretary shall periodically update the list published under paragraph (1). (b) Outreach.--The Secretary shall develop, with input from the community, an informative outreach program for veterans on illnesses that may be related to exposure to toxic substances, including outreach with respect to benefits and support programs. SEC. 10. REPORT ON INDIVIDUAL LONGITUDINAL EXPOSURE RECORD. (a) In General.--Not later than one year after the date on which the Individual Longitudinal Exposure Record achieves full operational capability, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report on the data quality of the Individual Longitudinal Exposure Record and the usefulness of the Individual Longitudinal Exposure Record in supporting veterans in receiving health care and benefits from the Department of Veterans Affairs. (b) Elements.--The report required by subsection (a) shall include the following: (1) An identification of exposures to toxic substances that may not be fully captured by the current systems for environmental and occupational health monitoring and recommendations for how to improve those systems. (2) An analysis of the quality of the location data in determining exposures of veterans to toxic substances and recommendations for how to improve the quality of that location data. (3) Recommendations on how to improve the usefulness of the Individual Longitudinal Exposure Record. (c) Definitions.--In this section: (1) Appropriate committees of congress defined.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and (B) the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives. (2) Individual longitudinal exposure record.--The term ``Individual Longitudinal Exposure Record'' includes any pilot program or other program used by the Department of Veterans Affairs or the Department of Defense to track how members of the Armed Forces or veterans have been exposed to various occupational or environmental hazards. Passed the Senate February 16, 2022. Attest: Secretary. 117th CONGRESS 2d Session S. 3541 _______________________________________________________________________

Health Care for Burn Pit Veterans Act

A bill to improve health care and services for veterans exposed to toxic substances, and for other purposes.

Health Care for Burn Pit Veterans Act Health Care for Burn Pit Veterans Act Health Care for Burn Pit Veterans Act Health Care for Burn Pit Veterans Act

Sen. Tester, Jon

D

MT

S.298

Health

Pharmacy Benefit Manager Accountability Study Act of 2021 This bill requires the Government Accountability Office to report on the role of pharmacy benefit managers in the pharmaceutical supply chain and recommend legislative actions to lower the cost of prescription drugs. The report must address the use of rebates and fees, the average prior authorization approval time, and the use of step therapy within the 10 largest pharmacy benefit managers.

To require the Government Accountability Office to study the role pharmaceutical benefit managers play in the pharmaceutical supply chain and provide Congress with appropriate policy recommendations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Pharmacy Benefit Manager Accountability Study Act of 2021''. SEC. 2. GAO STUDY. Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate and to the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives a report that-- (1) addresses, at minimum-- (A) the role that pharmacy benefit managers play in the pharmaceutical supply chain; (B) the state of competition among pharmacy benefit managers, including the market share for the Nation's 10 largest pharmacy benefit managers; (C) the use of rebates and fees by pharmacy benefit managers, including data for each of the 10 largest pharmacy benefit managers that reflects, for each drug in the formulary of each such pharmacy benefit manager-- (i) the amount of the rebate passed on to patients; (ii) the amount of the rebate passed on to payors; (iii) the amount of the rebate kept by the pharmacy benefit manager; and (iv) the role of fees charged by the pharmacy benefit manager; (D) whether pharmacy benefit managers structure their formularies in favor of high-rebate prescription drugs over lower-cost, lower-rebate alternatives; (E) the average prior authorization approval time for each of the 10 largest pharmacy benefit managers; (F) factors affecting the use of step therapy in each of the 10 largest pharmacy benefit managers; and (G) the extent to which the price that pharmacy benefit managers charge payors, such as the Medicare program under title XXVIII of the Social Security Act (42 U.S.C. 1395 et seq.), State Medicaid programs under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), the Federal Employees Health Benefits Program under chapter 89 of title 5, United States Code, or private payors, for a drug is more than such pharmacy benefit managers pay the pharmacy for the drug; and (2) provides recommendations for legislative action to lower the cost of prescription drugs for consumers and payors, improve the efficiency of the pharmaceutical supply chain by lowering intermediary costs, improve competition in pharmacy benefit management, and provide transparency in pharmacy benefit management. <all>

Pharmacy Benefit Manager Accountability Study Act of 2021

A bill to require the Government Accountability Office to study the role pharmaceutical benefit managers play in the pharmaceutical supply chain and provide Congress with appropriate policy recommendations, and for other purposes.

Pharmacy Benefit Manager Accountability Study Act of 2021

Sen. Blackburn, Marsha

R

TN

H.R.8538

Crime and Law Enforcement

Body Armor Safety Act of 2022 This bill requires body armor (for use by law enforcement) to comply with certain safety requirements in order to be imported into the United States. It also establishes new criminal offenses related to fraud in connection with such body armor.

To ensure body armor complies with safety 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 ``Body Armor Safety Act of 2022''. SEC. 2. LIMITATION ON IMPORTATION. (a) In General.--The President shall take such steps as may be necessary to ensure that no body armor for law enforcement use may be imported into the customs territory of the United States unless it meets the applicable requirements of and receives recognition of compliance from the Compliance Testing Program of the National Institute of Justice as described in section 232 of the Homeland Security Act of 2002 (6 U.S.C. 162). (b) Definitions.--In this section: (1) The term ``customs territory of the United States'' has the meaning given the term in General Note 2 of the Harmonized Tariff Schedule of the United States. (2) The term ``body armor'' means ballistic-resistant or stab-resistant panels or plates designed to protect the torso and worn in a carrier against the body. SEC. 3. CRIMINAL PENALTY. (a) In General.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1041. Fraud in connection with body armor ``(a) Forgery.--Whoever forges, counterfeits, or falsely alters any National Institute of Justice Standard certificate, validation, mark, or any other recognition of compliance with respect to any body armor shall be fined under this title, imprisoned not more than 5 years, or both. ``(b) Misleading Claims of Compliance.--Whoever engages in any conduct with intent to convey false or misleading claims of compliance with respect to any body armor such that recognition of compliance may reasonably be believed to have been issued by the National Institute of Justice or its Compliance Testing program shall be fined under this title, imprisoned not more than 5 years, or both. ``(c) Body Armor Defined.--In this section, the term `body armor' means ballistic-resistant or stab-resistant panels or plates designed to protect the torso and worn in a carrier against the body.''. (b) Clerical Amendment.--The table of sections for chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``1041. Fraud in connection with body armor.''. SEC. 4. LIMITATION ON EVALUATIONS AND TESTING. Section 232 of the Homeland Security Act of 2002 (6 U.S.C. 162) is amended by adding at the end the following: ``(h) Limitation.--Law enforcement technology products manufactured at any company on the Entity List of the Export Administration Regulations of the Bureau of Industry Security may not be tested or evaluated or otherwise certified, validated, marked, or recognized as in compliance with standards established and maintained by the Office in accordance with the National Technology Transfer and Advancement Act of 1995 (Public Law 104-113).''. <all>

Body Armor Safety Act of 2022

To ensure body armor complies with safety standards, and for other purposes.

Body Armor Safety Act of 2022

Rep. Nehls, Troy E.

R

TX

H.R.6802

Finance and Financial Sector

Preventing Racial Profiling in Lending Act This bill prohibits a federal agency from requiring any person or entity to estimate a borrower's race or ethnicity through visual observation or surname when extending credit.

To prohibit Federal agencies from requiring lenders to estimate a borrower's race or ethnicity via visual observation or surname. Be it enacted by the Senate 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 Racial Profiling in Lending Act''. SEC. 2. PROHIBITION ON ESTIMATING RACE OR ETHNICITY. A Federal agency may not require any person or entity, when extending credit, to estimate a borrower's race or ethnicity via visual observation or surname. <all>

Preventing Racial Profiling in Lending Act

To prohibit Federal agencies from requiring lenders to estimate a borrower's race or ethnicity via visual observation or surname.

Preventing Racial Profiling in Lending Act

Rep. Williams, Roger

R

TX

S.4887

Health

Same Day Registration Act This bill requires states with a voter registration requirement to make same-day voter registration available at the polling place on any day voting is permitted.

To amend the Help America Vote Act of 2002 to require States to provide for same day voter registration. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Same Day Registration Act''. SEC. 2. SAME DAY REGISTRATION. (a) In General.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended-- (1) by redesignating sections 304 and 305 as sections 305 and 306, respectively; and (2) by inserting after section 303 the following new section: ``SEC. 304. SAME DAY REGISTRATION. ``(a) In General.-- ``(1) Registration.--Each State shall permit any eligible individual on the day of a Federal election and on any day when voting, including early voting, is permitted for a Federal election-- ``(A) to register to vote in such election at the polling place using a form that meets the requirements under section 9(b) of the National Voter Registration Act of 1993 (or, if the individual is already registered to vote, to revise any of the individual's voter registration information); and ``(B) to cast a vote in such election. ``(2) Exception.--The requirements under paragraph (1) shall not apply to a State in which, under a State law in effect continuously on and after the date of the enactment of this section, there is no voter registration requirement for individuals in the State with respect to elections for Federal office. ``(b) Eligible Individual.--For purposes of this section, the term `eligible individual' means, with respect to any election for Federal office, an individual who is otherwise qualified to vote in that election. ``(c) Ensuring Availability of Forms.--The State shall ensure that each polling place has copies of any forms an individual may be required to complete in order to register to vote or revise the individual's voter registration information under this section. ``(d) Effective Date.-- ``(1) In general.--Subject to paragraph (2), each State shall be required to comply with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2024 and for any subsequent election for Federal office. ``(2) Special rules for elections before november 2028.-- ``(A) Elections prior to november 2026 general election.--A State shall be deemed to be in compliance with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2024 and subsequent elections for Federal office occurring before the regularly scheduled general election for Federal office in November 2026 if at least one location for each 15,000 registered voters in each jurisdiction in the State meets such requirements, and such location is reasonably located to serve voting populations equitably across the jurisdiction. ``(B) Additional elections prior to november 2028 general election.--If a State certifies to the Commission not later than November 3, 2026, that the State will not be in compliance with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2026 because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such requirements, the State shall be deemed to be in compliance with the requirements of this section for the regularly scheduled general election for Federal office in November 2026 and subsequent elections for Federal office occurring before the regularly scheduled general election for Federal office in November 2028, if at least one location for each 15,000 registered voters in each jurisdiction in the State meets such requirements, and such location is reasonably located to serve voting populations equitably across the jurisdiction.''. (b) Conforming Amendment Relating to Enforcement.--Section 401 of such Act (52 U.S.C. 21111) is amended by striking ``sections 301, 302, and 303'' and inserting ``subtitle A of title III''. (c) Clerical Amendments.--The table of contents of such Act is amended-- (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, respectively; and (2) by inserting after the item relating to section 303 the following new item: ``Sec. 304. Same day registration.''. <all>

Same Day Registration Act

A bill to amend the Help America Vote Act of 2002 to require States to provide for same day voter registration.

Same Day Registration Act

Sen. Klobuchar, Amy

D

MN

H.R.7913

Taxation

Complete America's Great Trails Act This bill allows a tax credit for the fair market value of any National Scenic Trail conservation contribution. The Department of the Interior must study and report on the efficacy of the tax credit in completing, extending, and increasing the number of National Scenic Trails and the feasibility and cost of making the credit refundable and transferable.

To amend the Internal Revenue Code of 1986 to allow a credit against income tax for qualified conservation contributions which include National Scenic Trails. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Complete America's Great Trails Act''. SEC. 2. NATIONAL SCENIC TRAIL CONSERVATION CREDIT. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30E. NATIONAL SCENIC TRAIL CONSERVATION CREDIT. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the fair market value of any National Scenic Trail conservation contribution of the taxpayer for the taxable year. ``(b) National Scenic Trail Conservation Contribution.--For purposes of this section-- ``(1) In general.--The term `National Scenic Trail conservation contribution' means any qualified conservation contribution-- ``(A) to the extent the qualified real property interest with respect to such contribution includes a National Scenic Trail (or portion thereof) and its trail corridor, and ``(B) with respect to which the taxpayer makes an election under this section. ``(2) National scenic trail.--The term `National Scenic Trail' means any trail authorized and designated under section 5 of the National Trails System Act (16 U.S.C. 1244), but only if such trail is at least 200 miles in length. ``(3) Trail corridor.--The term `trail corridor' means so much of the corridor of a trail as is-- ``(A) not less than-- ``(i) 150 feet wide on each side of such trail, or ``(ii) in the case of an interest in real property of the taxpayer which includes less than 150 feet on either side of such trail, the entire distance with respect to such interest on such side, and ``(B) not greater than 2,640 feet wide. ``(4) Qualified conservation contribution; qualified real property interest.--The terms `qualified conservation contribution' and `qualified real property interest' have the respective meanings given such terms by section 170(h), except that paragraph (2)(A) thereof shall be applied without regard to any qualified mineral interest (as defined in paragraph (6) thereof). ``(c) Special Rules.-- ``(1) Fair market value.--Fair market value of any National Scenic Trail conservation contribution shall be determined under rules similar to the valuation rules under Treasury Regulations under section 170, except that in any case, to the extent practicable, fair market value shall be determined by reference to the highest and best use of the real property with respect to such contribution. ``(2) Election irrevocable.--An election under this section may not be revoked. ``(3) Denial of double benefit.--No deduction shall be allowed under this chapter with respect to any qualified conservation contribution with respect to which an election is made under this section. ``(d) Application With Other Credits.-- ``(1) Business credit treated as part of general business credit.--So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is attributable to property used in a trade or business or held for the production of income shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Personal credit.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year. ``(e) Carryforward of Unused Credit.-- ``(1) In general.--If the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a) for any taxable year reduced by the sum of the credit allowable under subpart A (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year. ``(2) Limitation.--No credit may be carried forward under this subsection to any taxable year following the tenth taxable year after the taxable year in which the credit arose. For purposes of the preceding sentence, credits shall be treated as used on a first-in first-out basis.''. (b) Continued Use Not Inconsistent With Conservation Purposes.--A contribution of an interest in real property shall not fail to be treated as a National Scenic Trail conservation contribution (as defined in section 30E(b) of the Internal Revenue Code of 1986) solely by reason of continued use of the real property, such as for recreational or agricultural use (including motor vehicle use related thereto), if, under the circumstances, such use does not impair significant conservation interests and is not inconsistent with the purposes of the National Trails System Act (16 U.S.C. 1241 et seq.). (c) Study Regarding Efficacy of National Scenic Trail Conservation Credit.-- (1) In general.--The Secretary of the Interior shall, in consultation with the Secretary of the Treasury, study-- (A) the efficacy of the National Scenic Trail conservation credit under section 30E of the Internal Revenue Code of 1986 in completing, extending, and increasing the number of National Scenic Trails (as defined in section 30E(b) of such Code), and (B) the feasibility and estimated costs and benefits of-- (i) making such credit refundable (in whole or in part), and (ii) allowing transfer of such credit. (2) Report.--Not later than 4 years after the date of the enactment of this Act, the Secretary of the Interior shall submit a report to Congress on the results of the study conducted under this subsection. (d) Conforming Amendments.-- (1) Section 23(c)(1) of the Internal Revenue Code of 1986 is amended by inserting ``, 30E,'' after ``25D''. (2) Section 25(e)(1)(C) of such Code is amended by striking ``and 25D'' and inserting ``, 25D, and 30E''. (3) Section 25D(c) of such Code is amended by inserting ``and section 25D'' after ``other than this section''. (e) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30E. National Scenic Trail conservation credit.''. (f) Effective Date.--The amendments made by this section shall apply to contributions made after the date of the enactment of this Act. <all>

Complete America’s Great Trails Act

To amend the Internal Revenue Code of 1986 to allow a credit against income tax for qualified conservation contributions which include National Scenic Trails.

Complete America’s Great Trails Act

Rep. Connolly, Gerald E.

D

VA

H.R.2117

International Affairs

Iran Human Rights and Accountability Act of 2021 This bill requires certain reports and determinations with respect to actions by Iran (and designated Iranian officials) that violate human rights. Specifically, the President must determine whether specified Iranian officials meet certain criteria for the application of sanctions based on their responsibility for, or complicity in, human rights abuses. The Department of State must report on human rights abuses in relation to protests in Iran since 2017 and determine whether certain actions by Iran, Hezbollah, and Iranian-backed militias constitute genocide or war crimes. Further, the State Department must report on the estimated net worth and known sources of income (including from corrupt or illicit activities) of Iranian Supreme Leader Ayatollah Ali Khamenei and his family members.

To require the President to make a determination with respect to the application of sanctions with respect to certain officials of the Government of Iran, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Human Rights and Accountability Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) In response to protests that broke out on November 15, 2019, the Government of Iran blocked almost all internet traffic in Iran and used deadly force against nonviolent protesters, killing approximately 1,500 persons, according to the Department of State's 2019 Human Rights Report. (2) The Government of Iran is regularly engaged in widespread torture, extrajudicial killings, the prosecution of journalists, the taking of political prisoners, severe restrictions on the freedom of religion, and the severe repression of women and religious minorities. (3) The Government of Iran is involved in the unlawful recruitment of child soldiers by government actors to support the brutal Assad regime in Syria, according to the Department of State's 2019 Human Rights Report. The Government of Iran is also altering the demographic composition of Syria. SEC. 3. STATEMENT OF POLICY. It shall be the policy of the United States to-- (1) support democracy and human rights in Iran, including the robust exercise by Iranians of the rights to free speech and assembly and where possible to support the free flow of information into Iran and make it easier for Iranian citizens to communicate with one another and with the outside world; (2) hold the Government of Iran accountable for severe human rights abuses against its own people and the peoples of the Middle East, including the people of Syria, Iraq, Yemen, and Lebanon; and (3) condemn any and all attacks on protesters by the Government of Iran or its sponsored militias. SEC. 4. DETERMINATION WITH RESPECT TO APPLICATION OF SANCTIONS WITH RESPECT TO CERTAIN OFFICIALS OF THE GOVERNMENT OF IRAN. (a) Determination With Respect to the Imposition of Sanctions.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a determination, including a detailed justification, of whether any person listed in subsection (b) meets the criteria for-- (1) the application of sanctions with respect to a person pursuant to section 105 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8514); or (2) the application of sanctions pursuant to Executive Order 13553 (50 U.S.C. 1701 note; relating to blocking property of certain persons with respect to serious human rights abuses by the Government of Iran). (b) Persons Listed.--The persons described in this subsection are the following: (1) Ayatollah Ali Khamanei, the Supreme Leader of Iran. (2) Asghar Jahangir, the head of Iran's Prisons Organization. (3) Seyyed Alireza Avaie, Iran's Minister of Justice. (4) Mansour Gholami, Iran's Minister of Science. (5) Abbas Salehi, Iran's Minister of Culture. (6) Hassan Hassanzadeh, Commander of the Tehran Mohammad Rasoolallah Corps of Iran's Islamic Revolutionary Guard Corps (IRGC). (7) Mohammad Reza Yazdi, Commander of the Tehran Mohammad Rasoolallah Corps of the IRGC. (8) Amin Vaziri, Deputy Prosecutor of Tehran and assistant supervisor of political prisoners in Evin prison. (9) Heshmatollah Hayat Al-Ghayb, Tehran's Director-General of Prisons. (10) Allahkaram Azizi, Head of the Rajaie-Shahr prison in Karaj, Iran. (11) Mohammadmehdi Hajmohammadi, Head of Iran's prisons and guidance prosecutor's office. (12) Ali Hemmatian, IRGC interrogator. (13) Masoud Safdari, IRGC interrogator. SEC. 5. REPORT ON THE ESTIMATED NET WORTH AND KNOWN SOURCES OF INCOME OF IRANIAN SUPREME LEADER AYATOLLAH ALI KHAMANEI. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of the Treasury and the Director of National Intelligence, shall submit to the appropriate congressional committees a report on the estimated net worth and known sources of income, including income from corrupt or illicit activities, of Iranian Supreme Leader Ayatollah Ali Khamanei and his family members (including spouse, children, siblings, and paternal and maternal cousins), including-- (1) assets, investments, other business interests, and relevant beneficial ownership information; and (2) shares in and ties to Iranian parastatal institutions or bonyads, such as the Mostazafan Foundation and the Astan Quds Razavi, and the total estimated value of the Mostazafan Foundation and the Astan Quds Razavi. (b) Form.-- (1) In general.--The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex if necessary. (2) Public availability of information.--The unclassified portion of such report shall be made available on a publicly available internet website of the Federal Government. SEC. 6. REPORT ON HUMAN RIGHTS ABUSES IN IRAN IN RESPONSE TO THE PROTESTS IN IRAN SINCE 2017. (a) Sense of Congress.--It is the sense of Congress that it is imperative the United States Government should hold local Iranian law enforcement forces, Iran's Islamic Revolutionary Guard Corps (IRGC) officials, and other Iranian security officials accountable for the violent crackdown on protests in Iran since 2017, especially since protests in Iran have become geographically widespread and not limited solely to major urban centers. (b) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the appropriate congressional committees a report that includes the following: (1) A list, by province and city, of local Iranian law enforcement forces, IRGC officials, and other Iranian security officials responsible for the violent crackdown on protests in Iran since 2017. (2) A list of judges and judicial officials, by province and city, responsible for gross violations of human rights in Iran, including facilitating the unjust detainment of protesters and depriving them of their right to free speech. (3) A description of efforts by the United States to assist Iranians to access the internet during periods in which the Government of Iran has severely limited such access. (c) Form.-- (1) In general.--The report required by subsection (b) shall be submitted in unclassified form, but may contain a classified annex if necessary. (2) Public availability of information.--The unclassified portion of such report shall be made available on a publicly available internet website of the Federal Government. SEC. 7. DETERMINATION WITH RESPECT TO CRIMES AGAINST HUMANITY COMMITTED BY THE GOVERNMENT OF IRAN AND ITS SPONSORED MILITIAS IN SYRIA AND IRAQ. (a) Determination.--The Secretary of State shall make a determination with respect to each of the following: (1) Whether Iran, Hezbollah, and Iranian-backed militias' sectarian cleansing campaigns, especially in the Damascus suburbs and particularly against the Sunni Muslim population of Syria, can be considered systematic and widespread and therefore constitute an offense described in section 1091(a) of title 18, United States Code. (2) Whether Iran and Iranian backed militias' use of violence against peaceful protesters in Iraq in November 2019 and December 2019 constitutes a war crime (as such term is defined in section 2441(c) of title 18, United States Code). (3) Whether excessive use of violence by forces of the Government of Iran against protesters in Iran in November 2019 constitutes an offense described in section 1091(a) of title 18, United States Code. (b) Report.-- (1) In general.--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 that contains each determination made under subsection (a). (2) Form.-- (A) In general.--The report required by paragraph (1) shall be submitted in unclassified form, but may contain a classified annex if necessary. (B) Public availability of information.--The unclassified portion of such report shall be made available on a publicly available internet website of the Federal Government. SEC. 8. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. In this Act, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. <all>

Iran Human Rights and Accountability Act of 2021

To require the President to make a determination with respect to the application of sanctions with respect to certain officials of the Government of Iran, and for other purposes.

Iran Human Rights and Accountability Act of 2021

Rep. Wilson, Joe

R

SC

H.R.1765

Transportation and Public Works

Washington Channel Public Access Act This bill prohibits the U.S. Army Corps of Engineers (USACE) from finalizing, implementing, or enforcing the proposed rule titled Washington Channel, Fort McNair, Washington, DC; Restricted Area, published on December 29, 2020. The proposed rule establishes a permanent restricted area in the Washington Channel adjacent to Fort McNair in the District of Columbia. The bill also prohibits the USACE from implementing any other rule that restricts public access to the Washington Channel in the District.

To prohibit the Secretary of the Army from implementing a proposed rule relating to restricted access to the Washington Channel in Washington, D.C., and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Washington Channel Public Access Act''. SEC. 2. PROHIBITION ON IMPLEMENTATION OF RULE. The Secretary of the Army may not finalize, implement, or enforce the proposed rule entitled ``Washington Channel, Fort McNair, Washington, DC; Restricted Area'', published by the Department of the Army on December 29, 2020 (Docket No. COE-2019-0010; 85 Fed. Reg. 85570), or any other rule that restricts public access to the Washington Channel in Washington, DC. Union Calendar No. 27 117th CONGRESS 1st Session H. R. 1765 [Report No. 117-44] _______________________________________________________________________

Washington Channel Public Access Act

To prohibit the Secretary of the Army from implementing a proposed rule relating to restricted access to the Washington Channel in Washington, D.C., and for other purposes.

Washington Channel Public Access Act Washington Channel Public Access Act

Del. Norton, Eleanor Holmes

D

DC

S.2444

Health

Stephanie Tubbs Jones Uterine Fibroid Research and Education Act of 2021 This bill directs the Department of Health and Human Services (HHS) to expand research on, and take other actions to address, uterine fibroids. These are muscular tumors that grow in the wall of the uterus and may cause pain, heavy menstrual bleeding, and reproductive issues. In coordination with the National Institutes of Health and appropriate federal agencies, HHS must undertake research activities on uterine fibroids. In addition, HHS must establish a database of services furnished to individuals diagnosed with uterine fibroids under Medicaid or the Children's Health Insurance Program and must develop a report on federal and state expenditures for such services. Additionally, HHS must disseminate information on uterine fibroids to the public and to health care providers, including information on the elevated risk for minority women and available treatments.

To provide for research and education with respect to uterine fibroids, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stephanie Tubbs Jones Uterine Fibroid Research and Education Act of 2021''. SEC. 2. FINDINGS. Congress finds as follows: (1) It is estimated that 20 percent to 50 percent of women of reproductive age currently have uterine fibroids, and up to 77 percent of women will develop fibroids before menopause. (2) In the United States, an estimated 26,000,000 women between the ages of 15 and 50 have uterine fibroids, and approximately 15,000,000 of these individuals experience symptoms. Uterine fibroids may cause significant morbidity through their presence in the uterus and pelvic cavity, and symptoms can include pelvic pain, severe menstrual bleeding, iron-deficiency anemia, fatigue, bladder or bowel dysfunction, infertility, and pregnancy complications and loss. (3) The pain, discomfort, stress, and other physical and emotional symptoms of living with fibroids may significantly interfere with a woman's quality of life, compromising her ability to function normally or work or care for her family, and may lead to more severe health and wellness issues. (4) Most women will experience uterine fibroids by the age of 50, yet few data exist describing the overall patient experience with fibroids. (5) Many people with fibroids are likely undiagnosed. Patients wait on average 3.6 years before seeking treatment, and over 40 percent of patients see 2 or more health care providers prior to receiving a diagnosis, underscoring the need for improved awareness and education. (6) People of color are more likely to develop uterine fibroids. It is estimated that more than 80 percent of Black women and about 70 percent of White women develop fibroids by the time they reach menopause. Black individuals with fibroids also have been shown to have more severe symptoms and develop early-onset uterine fibroids that develop into larger tumors. (7) Current research and available data do not provide adequate information on the prevalence and incidence of fibroids in Asian, Hispanic, and Black individuals. (8) Symptomatic uterine fibroids can cause reproductive problems, including infertility. People with uterine fibroids are much more likely to miscarry during early pregnancy than people without them. (9) According to the Evidence Report Summary on the Management of Uterine Fibroids, as compiled by the Agency for Healthcare Research and Quality, there is a ``remarkable lack of high-quality evidence supporting the effectiveness of most interventions for symptomatic fibroids''. (10) Most medical options for managing fibroid symptoms regulate or suppress menstruation and prevent pregnancy. There is a great need for minimally invasive, fertility-friendly therapies, as well as biomarkers, imaging assessments, or risk- based algorithms that can help predict patient response to therapy. (11) The presence of symptomatic uterine fibroids is the most common reason for hysterectomies, accounting for 39 percent of hysterectomies annually in the United States. Approximately 42 per 1,000 women are hospitalized annually because of uterine fibroids, but Black patients have higher rates of hospitalization, hysterectomies, and myomectomies compared to White women. Uterine fibroids are also the leading cause of hospitalization related to a gynecological disorder. (12) The personal and societal costs of uterine fibroids in the United States are significant. Uterine fibroid tumors have been estimated to cost the United States $5,900,000,000 to $34,400,000,000 annually. The annual direct costs, including surgery, hospital admissions, outpatient visits, and medications, were estimated at $4,100,000,000 to $9,400,000,000 annually. Estimated lost work-hour costs ranged from $1,550,000,000 to $17,200,000,000 annually. Obstetric outcomes that were attributed to fibroid tumors resulted in costs of $238,000,000 to $7,760,000,000 annually. (13) At the Federal level, uterine fibroid research remains drastically underfunded as compared to patient disease burden. In 2019, fibroid research received about $17,000,000 in funding from the National Institutes of Health, putting it in the bottom 50 of 292 funded conditions. SEC. 3. RESEARCH WITH RESPECT TO UTERINE FIBROIDS. (a) Research.--The Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall expand, intensify, and coordinate programs for the conduct and support of research with respect to uterine fibroids. (b) Administration and Coordination.--The Secretary shall carry out the conduct and support of research pursuant to subsection (a), in coordination with the appropriate institutes, offices, and centers of the National Institutes of Health and any other relevant Federal agency, as determined by the Secretary and the Director of the National Institutes of Health. (c) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $30,000,000 for each of fiscal years 2022 through 2026. SEC. 4. RESEARCH WITH RESPECT TO MEDICAID COVERAGE OF UTERINE FIBROIDS TREATMENT. (a) Research.--The Secretary (or the Secretary's designee) shall establish a research database, or expand an existing research database, to collect data on services furnished to individuals diagnosed with uterine fibroids under a State plan (or a waiver of such a plan) under the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or under a State child health plan (or a waiver of such a plan) under the Children's Health Insurance Program under title XXI of such Act (42 U.S.C. 1397aa et seq.) for the treatment of such fibroids for purposes of assessing the frequency at which such individuals are furnished such services. (b) Report.-- (1) In general.--Not later than the date that is 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the amount of Federal and State expenditures with respect to services furnished for the treatment of uterine fibroids under State plans (or waivers of such plans) under the Medicaid program under such title XIX and State child health plans (or waivers of such plans) under the Children's Health Insurance Program under such title XXI. (2) Coordination.--The Secretary shall coordinate the development and submission of the report required under paragraph (1) with any other relevant Federal agency, as determined by the Secretary. SEC. 5. EDUCATION AND DISSEMINATION OF INFORMATION WITH RESPECT TO UTERINE FIBROIDS. (a) Uterine Fibroids Public Education Program.--The Secretary shall develop and disseminate to the public information regarding uterine fibroids, including information on-- (1) the awareness, incidence, and prevalence of uterine fibroids among individuals, including all minority individuals; (2) the elevated risk for minority individuals to develop uterine fibroids; and (3) the availability, as medically appropriate, of the range of treatment options for symptomatic uterine fibroids, including non-hysterectomy treatments and procedures. (b) Dissemination of Information.--The Secretary may disseminate information under subsection (a) directly or through arrangements with intra-agency initiatives, nonprofit organizations, consumer groups, institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), or Federal, State, or local public private partnerships. (c) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2022 through 2026. SEC. 6. INFORMATION TO HEALTH CARE PROVIDERS WITH RESPECT TO UTERINE FIBROIDS. (a) Dissemination of Information.--The Secretary of Health and Human Services shall, in consultation and in accordance with guidelines from relevant medical societies, work with health care-related specialty societies and health systems to promote evidence-based care for individuals with fibroids. Such efforts shall include minority individuals who have an elevated risk to develop uterine fibroids and the range of available options for the treatment of symptomatic uterine fibroids, including non-hysterectomy drugs and devices approved under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). (b) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2022 through 2026. SEC. 7. DEFINITION. In this Act, the term ``minority individuals'' means individuals who are members of a racial and ethnic minority group, as defined in section 1707(g) of the Public Health Service Act (42 U.S.C. 300u-6(g)). <all>

Stephanie Tubbs Jones Uterine Fibroid Research and Education Act of 2021

A bill to provide for research and education with respect to uterine fibroids, and for other purposes.

Stephanie Tubbs Jones Uterine Fibroid Research and Education Act of 2021

Sen. Booker, Cory A.

D

NJ

H.R.3651

Transportation and Public Works

Revitalizing American Priorities for Infrastructure Development Act or the RAPID Act This bill revises the transportation infrastructure finance and innovation (TIFIA) program to (1) require program applicants to obtain investment grade ratings from at least two credit rating agencies, unless the federal credit instrument is less than $150 million (currently, less than $75 million), in which case one rating will suffice; (2) require the Department of Transportation (DOT) to implement an expedited decision time line for public agency borrowers seeking secured loans; and (3) require DOT to publish status reports on program applications on the TIFIA website.

To amend title 23, United States Code, to improve the transportation infrastructure finance and innovation (TIFIA) 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 ``Revitalizing American Priorities for Infrastructure Development Act'' or the ``RAPID Act''. SEC. 2. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM. (a) Eligibility.--Section 602(a)(2) of title 23, United States Code, is amended-- (1) in subparagraph (A)(iv)-- (A) by striking ``a rating'' and inserting ``an investment-grade rating''; and (B) by striking ``$75,000,000'' and inserting ``$150,000,000''; and (2) in subparagraph (B)-- (A) by striking ``the senior debt'' and inserting ``senior debt''; and (B) by striking ``credit instrument is for an amount less than $75,000,000'' and inserting ``total amount of other senior debt and the Federal credit instrument is less than $150,000,000''. (b) Streamlined Application Process.--Section 603(f) of title 23, United States Code, is amended by adding at the end the following: ``(3) Additional terms for expedited decisions.-- ``(A) In general.--Not later than 120 days after the date of enactment of this paragraph, the Secretary shall implement an expedited decision timeline for public agency borrowers seeking secured loans that meet-- ``(i) the terms under paragraph (2); and ``(ii) the additional criteria described in subparagraph (B). ``(B) Additional criteria.--The additional criteria referred to in subparagraph (A)(ii) are the following: ``(i) The secured loan is made on terms and conditions that substantially conform to the conventional terms and conditions established by the National Surface Transportation Innovative Finance Bureau. ``(ii) The secured loan is rated in the A category or higher. ``(iii) The TIFIA program share of eligible project costs is 33 percent or less. ``(iv) The applicant demonstrates a reasonable expectation that the contracting process for the project can commence by not later than 90 days after the date on which a Federal credit instrument is obligated for the project under the TIFIA program. ``(v) The project has received a categorical exclusion, a finding of no significant impact, or a record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(C) Written notice.--The Secretary shall provide to an applicant seeking a secured loan under the expedited decision process under this paragraph a written notice informing the applicant whether the Secretary has approved or disapproved the application by not later than 180 days after the date on which the Secretary submits to the applicant a letter indicating that the National Surface Transportation Innovative Finance Bureau has commenced the creditworthiness review of the project.''. (c) Status Reports.--Section 609 of title 23, United States Code, is amended by adding at the end the following: ``(c) Status Reports.-- ``(1) In general.--The Secretary shall publish on the website for the TIFIA program-- ``(A) on a monthly basis, a current status report on all submitted letters of interest and applications received for assistance under the TIFIA program; and ``(B) on a quarterly basis, a current status report on all approved applications for assistance under the TIFIA program. ``(2) Inclusions.--Each monthly and quarterly status report under paragraph (1) shall include, at a minimum, with respect to each project included in the status report-- ``(A) the name of the party submitting the letter of interest or application; ``(B) the name of the project; ``(C) the date on which the letter of interest or application was received; ``(D) the estimated project eligible costs; ``(E) the type of credit assistance sought; and ``(F) the anticipated fiscal year and quarter for closing of the credit assistance.''. <all>

RAPID Act

To amend title 23, United States Code, to improve the transportation infrastructure finance and innovation (TIFIA) program, and for other purposes.

RAPID Act Revitalizing American Priorities for Infrastructure Development Act

Rep. Allred, Colin Z.

D

TX

H.R.4100

Labor and Employment

Cultivating Opportunity and Recovery from the Pandemic through Service Act or the CORPS Act This bill makes several changes to AmeriCorps programs during the COVID-19 health emergency. Specifically, the bill: The bill also excludes AmeriCorps living allowance payments and educational awards from taxable income for program participants.

To amend the national service laws to prioritize national service programs and projects that are directly related to the response to and recovery from the COVID-19 public health emergency, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cultivating Opportunity and Recovery from the Pandemic through Service Act'' or the ``CORPS Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States has a strong history of citizen response to national calls to service in order to help the Nation recover in times of crisis. (2) More than 80 years ago, the Nation rose to the challenge of the Great Depression with the creation of citizen service programs. (3) Millions of participants benefitted from paid employment and opportunities to develop their skills while constructing national parks and public lands infrastructure and producing cultural works still enjoyed today. (4) Founded in 1990, the Corporation for National and Community Service today coordinates national service by individuals in the United States across every State and territory, partnering with State-level commissions and supporting locally driven services in partnership with nongovernmental organizations and State governments. (5) National service programs provide public health, education, employment training, and nutrition services for which the Nation has a critical need in the current crisis. (6) The signature programs of the Corporation for National and Community Service, which are the AmeriCorps State and National, AmeriCorps National Civilian Community Corps, AmeriCorps Volunteers in Service to America (referred to in this Act as ``VISTA''), and National Senior Service Corps programs, can and should be expanded to meet current needs. (7) The novel coronavirus pandemic has infected and killed individuals in every State and territory, causing more than 31,000,000 cases and 560,000 deaths so far. (8) In response, States, Tribal governments, and cities across the country have closed down businesses, schools, and public events, leading to dramatic swings in the economy. (9) Millions of people in the United States have filed for unemployment benefits since the start of the pandemic, with unemployment rates peaking at an unprecedented level. (10) More than 1 in every 10 adults in the United States has applied for unemployment insurance since the crisis began. (11) The pandemic and the associated economic consequences have disproportionately impacted people of color across many States. (12) To recover, the Nation needs meaningful employment opportunities, as well as a significant expansion of the human capital working to address community needs around public health, behavioral health, hunger, education, and conservation. (13) Experience has demonstrated the centrality of community participation in pandemic response, to overcome stigma and structural barriers and meet the full needs of all members of a diverse community. (14) As the Nation works to respond to and recover from the current twin challenges of a public health pandemic and an economic crisis, national service presents a unique opportunity for flexible, locally driven responses to meet State and local employment and recovery needs. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to provide for annual growth in the number of participants, over 3 years, in national service programs that will provide services in response to the pandemic and economic crisis; (2) to ensure that participant allowances cover the reasonable cost of participation and provide participants with economic and educational opportunity; (3) to stabilize such national service programs during economic crisis, including by supporting adaptations to service models in light of the crisis; and (4) to support opportunities for all individuals in the United States to engage in service, including through the recruitment of increasingly diverse and representative participants. SEC. 4. DEFINITIONS. In this Act: (1) National and community service act definitions.--The terms ``approved national service position'', ``Corporation'', ``disadvantaged youth'', ``national service laws'', ``participant'', ``service sponsor'', and ``State Commission'' have the meanings given such terms in section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511). (2) COVID-19 emergency recovery period.--The term ``COVID- 19 emergency recovery period'' means the period beginning on the date of enactment of this Act and ending at the end of fiscal year 2024. (3) High-poverty area.--The term ``high-poverty area'' means a census tract defined as high-poverty by the Bureau of the Census. SEC. 5. ECONOMIC EQUITY AND OPPORTUNITY. (a) Living Allowance.-- (1) In general.--Notwithstanding section 105(b) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4955(b)) and section 140 of the National and Community Service Act of 1990 (42 U.S.C. 12594), during the COVID-19 emergency recovery period, the minimum subsistence or living allowance for an individual under section 105 of the Domestic Volunteer Service Act of 1973 and section 140 of the National and Community Service Act of 1990 shall, subject to paragraph (3), be an amount equal to 175 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) for a single individual as expected for each fiscal year. (2) Grants for living allowance increases.--Notwithstanding the limits described in subsections (a) and (e) of section 189 of the National and Community Service Act of 1990 (42 U.S.C. 12645c) or any other limitation imposed by the Corporation, during the COVID-19 emergency recovery period, the Corporation shall, for purposes of paragraph (1), award supplemental grant funds to entities operating a program receiving grant funds under the national service laws (referred to in this paragraph as ``grantees''), including continuing grantees, to-- (A) increase the minimum subsistence or living allowance provided under section 105(b) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4955(b)) or section 140 of the National and Community Service Act of 1990 (42 U.S.C. 12594); and (B) cover additional costs associated with the increase to the minimum subsistence or living allowance required under paragraph (1). (3) Limitation.-- (A) In general.--Subject to subparagraph (B), a stipend or allowance under section 105 of the Domestic and Volunteer Service Act of 1973 (42 U.S.C. 4955) or an allowance under section 140 of the National and Community Service Act of 1990 (42 U.S.C. 12594) shall not be increased by this Act unless the funds appropriated for carrying out part A of the Domestic and Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.) or subtitle C of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.), respectively, are sufficient to maintain, for the fiscal year involved, a number of participants to serve under that part A or that subtitle C, respectively, that is at least equal to the number of such participants so serving during the fiscal year preceding such fiscal year involved. (B) Adjustment for insufficient appropriations.--In the event that sufficient appropriations for any fiscal year are not available to increase any stipend or allowance under section 105 of the Domestic and Volunteer Service Act of 1973 or allowance under section 140 of the National and Community Service Act of 1990 to the minimum amount specified under paragraph (1), the Corporation shall increase the stipend or allowance involved to such amount as appropriations for such year permit consistent with subparagraph (A). (b) Concurrent COVID-19 Educational Award.-- (1) In general.--The Corporation shall award to any individual who successfully completes a term of service resulting in an educational award under section 147 of the National and Community Service Act (42 U.S.C. 12603), with any part of such term of service occurring within the COVID-19 emergency recovery period, a concurrent COVID-19 educational award for an amount described under paragraph (2). (2) Amount of award.--The concurrent COVID-19 educational award awarded under this subsection shall be in an amount which bears the same proportion to the full amount of the education award the individual received under section 147 of such Act as the length of time of the term of service of such individual that occurs within the COVID-19 emergency recovery period bears to the total length of time of the term of service of such individual. (c) National Senior Service Corps.--Notwithstanding section 201, subsections (d) and (e) of section 211, and section 213(a) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5001, 5011, 5013(a)), to address the critical needs of local communities across the United States, during the COVID-19 pandemic emergency recovery period-- (1) individuals age 45 or older may be enrolled as volunteers to provide services under part A of title II of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5001); and (2) for purposes of parts B and C of title II of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5002, 5003), the terms ``low-income person'' and ``person of low income'' mean a person whose income is not more than 400 percent of the poverty line defined in section 673(2) of the Community Services Block Grant (42 U.S.C. 9902(2)) and adjusted by the Director of the Retired and Senior Volunteer and Foster Grandparent programs in the manner described in such parts. (d) Tax Provisions.-- (1) Income tax exclusion for living allowance.-- (A) In general.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139I the following new section: ``SEC. 139J. LIVING ALLOWANCE FOR NATIONAL SERVICE PARTICIPANTS. ``Gross income does not include the amount of any living allowance provided under section 105(b) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4955(b)) or section 140(a) or 158(b) of the National and Community Service Act of 1990 (42 U.S.C. 12594(a), 12618(b)).''. (B) Clerical amendment.--The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 139I the following new item: ``Sec. 139J. Living allowance for national service participants.''. (C) Effective date.--The amendments made by this paragraph shall apply to taxable years beginning after the date of the enactment of this Act. (2) Exclusion from gross income of national service educational awards.-- (A) In general.--Section 117 of the Internal Revenue Code of 1986 (relating to qualified scholarships) is amended by adding at the end the following new subsection: ``(e) National Service Educational Awards.--Gross income shall not include any payments from the National Service Trust established under section 145 of the National and Community Service Act of 1990 (42 U.S.C. 12601), including the national service educational award described in subtitle D of title I of such Act (42 U.S.C. 12601 et seq.).''. (B) Exclusion of discharge of student loan debt.-- Subsection (f) of section 108 of such Code is amended by adding at the end the following new paragraph: ``(6) Payments under national service educational award programs.--In the case of an individual, gross income shall not include any amount received as a national service educational award under subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.).''. (C) Effective date.--The amendments made by this paragraph shall apply to taxable years ending after the date of the enactment of this Act. SEC. 6. SUPPORTING EXPANSION. (a) Grants and Pilot Program.-- (1) Priority.--The Corporation, in awarding grants under paragraph (2), and State Commissions, in directly placing individuals in approved national service positions under paragraph (3), shall-- (A) give priority to-- (i) entities serving communities-- (I) disproportionately impacted by COVID-19; (II) using culturally competent and multilingual strategies in the provision of services; and (III) with proposals for activities directly related to recovery from the COVID-19 public health emergency and the attendant economic and social consequences of such public health emergency, such as-- (aa) work that furthers the capacity of nonprofit and community-based organizations to respond to the immediate needs of individuals affected by COVID-19; (bb) services that support economic opportunity; (cc) educational activities, including enrichment and adult education and literacy activities; (dd) services to address housing and food insecurity; and (ee) jobs for youth in preserving and restoring nature, including ensuring environmental resiliency; and (ii) community-based organizations located in rural or high-poverty areas, or community- based organizations that serve Tribal communities, with greater priority for community-based organizations that propose recruiting applicants for positions to serve in the same metropolitan or micropolitan statistical area or county as the area or county in which such applicants attended a secondary school or institution of higher education; and (B) take into account the diversity of communities and participants served by entities seeking funding under this Act, including racial, ethnic, socioeconomic, linguistic, or geographic diversity. (2) Augmentation and expansion grants.--Notwithstanding any other provision of law, during the COVID-19 emergency recovery period, the Corporation may award noncompetitive augmentation grants to meet the compelling needs of grantees or subgrantees and expansion grants under the national service laws, at such time and in such manner and from such funds as the Corporation determines appropriate. (3) Pilot program.-- (A) In general.-- (i) Establishment.--Notwithstanding section 178(h) of the National and Community Service Act of 1990 (42 U.S.C. 12638(h)), during the COVID-19 emergency recovery period, the Corporation shall implement a pilot program under section 121 and 122 of such Act allowing State Commissions to directly place individuals in approved national service positions. (ii) Application and review process.-- Notwithstanding any other provision of law, the Corporation may establish the time, place, and manner of the application and review process for the pilot program established under this paragraph. (B) Priorities.--In addition to the priorities under paragraph (1), State Commissions participating in the pilot program shall, to the extent practicable, prioritize the placement of individuals in national service programs carried out by entities that have not previously been service sponsors for participants. (C) Report.--The Corporation shall prepare and submit a report to Congress at the end of the pilot program described in subparagraph (A), containing recommendations about whether and how to continue such a program of direct placements. (b) Flexibility During the COVID-19 Emergency Recovery Period.-- (1) Match waiver.--Notwithstanding any other provision of law, an entity (including a State Commission and an entity receiving subgrant funds) that receives assistance from the Corporation for any program under the national service laws, including under sections 5(a)(2) and 6(a)(2), during the COVID- 19 emergency recovery period shall not be subject to any requirements to provide matching funds for any such program, and the Federal share of such assistance for a recipient (including for a State Commission and a subgrant recipient) may be 100 percent. (2) Vista limitation applicability.--Notwithstanding subsections (a) and (b) of section 108 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4958), during the COVID-19 emergency recovery period, in order to address the needs of underserved communities related to the COVID-19 pandemic, of funds appropriated for the purposes of part A of title I of such Act (42 U.S.C. 4951 et seq.) under section 501 of such Act (42 U.S.C. 5081), not more than 75 percent may be obligated for the direct cost of supporting volunteers in programs and projects (including new programs and projects that begin after the date of enactment of this Act) carried out pursuant to part A of title I of such Act, and such funds may be obligated regardless of when grant recipients commenced such programs and projects. (3) Seasonal program.--Notwithstanding sections 152(b)(2) and 154 of the National and Community Service Act of 1990 (42 U.S.C. 12612(b)(2), 12614), during the COVID-19 emergency recovery period, members of the National Civilian Community Corps established under subtitle E of title I of such Act (42 U.S.C. 12611 et seq.) may receive training and perform service in a seasonal national service program established under section 154 of such Act (42 U.S.C. 12614) with service lasting for a period of not less than 3 months and not more than 6 months, as specified by the Director appointed pursuant to section 159(c)(1) of such Act (42 U.S.C. 12619(c)(1)). (4) Increase in limitation on total grant amount for educational award only program during covid-19 emergency recovery period.--Notwithstanding the limit described in section 129A(b) of the National and Community Service Act of 1990 (42 U.S.C. 12581a(b)), during the COVID-19 emergency recovery period, the Corporation may provide operational support under section 129A of such Act for a program in an amount that is not more than $1,600 per individual enrolled and serving in an approved national service position, or not more than $2,000 per such individual if at least 50 percent of the persons enrolled and serving in the program are disadvantaged youth. (5) No summer limitation.-- (A) Enrollment.--Notwithstanding any other provision of part A of title I of the Domestic Volunteer Service Act (42 U.S.C. 4951 et seq.), during the COVID-19 emergency recovery period, the Director of the VISTA program may enroll full-time VISTA associates in a program, during any months of the year, under such terms and conditions as such Director shall determine to be appropriate. Such individuals shall be assigned to projects that address the needs of underserved communities impacted by the COVID-19 public health emergency. (B) Reports.--In preparing reports relating to programs under the Domestic Volunteer Service Act (42 U.S.C. 4950 et seq.), the Director of the VISTA program shall report on participants, costs, and accomplishments under the program under this subsection separately. (C) Limitation.--The limitation on funds appropriated for grants and contracts, as contained in section 108 of the Domestic Volunteer Service Act (42 U.S.C. 4958), shall not apply to the program under this subsection. (c) Report.--Not later than 90 days after the enactment of this Act, the Chief Executive Officer of the Corporation for National and Community Service shall prepare and submit a 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 containing recommendations on-- (1) how to improve grant programs related to the national service laws, including those under subtitle C of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.), such as any recommended changes to-- (A) the requirements of section 121(e) such Act and section 2521.60 of title 45, Code of Federal Regulations (as in effect on the day before the date of enactment of this Act); and (B) the fixed-amount grants awarded under section 129(l) of such Act (42 U.S.C. 12581(l)), including improvements to account for start-of-year costs and to ensure robust member benefits and the long-term strength and viability of such program; (2) whether a new unit within the Corporation for National and Community Service should be established to provide additional assistance or manage the enrollment process to ensure compliance with sections 189D and 199I of such Act (42 U.S.C. 12645g; 12655i) for incoming participants in national service programs, particularly new national service programs receiving program assistance for the first time; and (3) actions to maximize flexibility for State Commissions that would strengthen the work of State Commissions and their grantees. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. In addition to any amounts appropriated to carry out activities or programs under the national service laws (including under the American Rescue Plan Act of 2021 (Public Law 117-2)), there is authorized to be appropriated to carry out this Act $8,000,000,000 for fiscal year 2021, which shall remain available to be expended through fiscal year 2024. <all>

CORPS Act

To amend the national service laws to prioritize national service programs and projects that are directly related to the response to and recovery from the COVID-19 public health emergency, and for other purposes.

CORPS Act Cultivating Opportunity and Recovery from the Pandemic through Service Act

Rep. Price, David E.

D

NC

H.R.1667

Health

Dr. Lorna Breen Health Care Provider Protection Act This bill establishes grants and requires other activities to improve mental and behavioral health among health care providers. Specifically, the Department of Health and Human Services (HHS) must award grants to hospitals, medical professional associations, and other health care entities for programs to promote mental health and resiliency among health care providers. In addition, HHS may award grants for relevant mental and behavioral health training for health care students, residents, or professionals. Additionally, HHS must conduct a campaign to (1) encourage health care providers to seek support and treatment for mental and behavioral health concerns, and (2) disseminate best practices to prevent suicide and improve mental health and resiliency among health care providers. HHS must also study and develop policy recommendations on Furthermore, the Government Accountability Office must report on the extent to which relevant federal grant programs address the prevalence and severity of mental health conditions and substance use disorders among health care providers.

[117th Congress Public Law 105] [From the U.S. Government Publishing Office] [[Page 1117]] DR. LORNA BREEN HEALTH CARE PROVIDER PROTECTION ACT [[Page 136 STAT. 1118]] Public Law 117-105 117th Congress An Act To address behavioral health and well-being among health care professionals. <<NOTE: Mar. 18, 2022 - [H.R. 1667]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Dr. Lorna Breen Health Care Provider Protection Act.>> SECTION 1. <<NOTE: 42 USC 201 note.>> SHORT TITLE. This Act may be cited as the ``Dr. Lorna Breen Health Care Provider Protection Act''. SEC. 2. <<NOTE: 42 USC 294s note.>> DISSEMINATION OF BEST PRACTICES. <<NOTE: Deadline.>> Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall identify and disseminate evidence-based or evidence-informed best practices for preventing suicide and improving mental health and resiliency among health care professionals, and for training health care professionals in appropriate strategies to promote their mental health. <<NOTE: Recommenda- tions.>> Such best practices shall include recommendations related to preventing suicide and improving mental health and resiliency among health care professionals. SEC. 3. <<NOTE: 42 USC 294s note.>> EDUCATION AND AWARENESS INITIATIVE ENCOURAGING USE OF MENTAL HEALTH AND SUBSTANCE USE DISORDER SERVICES BY HEALTH CARE PROFESSIONALS. (a) <<NOTE: Consultation.>> In General.--The Secretary, in consultation with relevant stakeholders, including medical professional associations, shall establish a national evidence-based or evidence- informed education and awareness initiative-- (1) to encourage health care professionals to seek support and care for their mental health or substance use concerns, to help such professionals identify risk factors associated with suicide and mental health conditions, and to help such professionals learn how best to respond to such risks, with the goal of preventing suicide, mental health conditions, and substance use disorders; and (2) to address stigma associated with seeking mental health and substance use disorder services. (b) Reporting.--Not later than 2 years after the date of enactment of this Act, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives an update on the activities and outcomes of the initiative under subsection (a), including a description of quantitative and qualitative metrics used to evaluate such activities and outcomes. [[Page 136 STAT. 1119]] (c) <<NOTE: Time period.>> Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $10,000,000 for each of fiscal years 2022 through 2024. SEC. 4. PROGRAMS TO PROMOTE MENTAL HEALTH AMONG THE HEALTH PROFESSIONAL WORKFORCE. Subpart I of part E of title VII of the Public Health Service Act (42 U.S.C. 294n et seq.) is amended by adding at the end the following: ``SEC. 764. <<NOTE: 42 USC 294s.>> PROGRAMS TO PROMOTE MENTAL HEALTH AMONG THE HEALTH PROFESSIONAL WORKFORCE. ``(a) <<NOTE: Grants. Contracts.>> Programs to Promote Mental Health Among Health Care Professionals.-- ``(1) In general.--The Secretary shall award grants or contracts to health care entities, including entities that provide health care services, such as hospitals, community health centers, and rural health clinics, or to medical professional associations, to establish or enhance evidence- based or evidence-informed programs dedicated to improving mental health and resiliency for health care professionals. ``(2) Use of funds.--An eligible entity receiving a grant or contract under this subsection shall use funds received through the grant or contract to implement a new program or enhance an existing program to promote mental health among health care professionals, which may include-- ``(A) improving awareness among health care professionals about risk factors for, and signs of, suicide and mental health or substance use disorders, in accordance with evidence-based or evidence-informed practices; ``(B) establishing new, or enhancing existing, evidence-based or evidence-informed programs for preventing suicide and improving mental health and resiliency among health care professionals; ``(C) establishing new, or enhancing existing, peer- support programs among health care professionals; or ``(D) providing mental health care, follow-up services and care, or referral for such services and care, as appropriate. ``(3) Priority.--In awarding grants and contracts under this subsection, the Secretary shall give priority to eligible entities in health professional shortage areas or rural areas. ``(b) Training Grants.--The Secretary may establish a program to award grants to health professions schools, academic health centers, State or local governments, Indian Tribes or Tribal organizations, or other appropriate public or private nonprofit entities (or consortia of entities, including entities promoting multidisciplinary approaches) to support the training of health care students, residents, or health care professionals in evidence-based or evidence-informed strategies to address mental and substance use disorders and improve mental health and resiliency among health care professionals. ``(c) Grant Terms.--A grant or contract awarded under subsection (a) or (b) shall be for a period of 3 years. ``(d) Application Submission.--An entity seeking a grant or contract under subsection (a) or (b) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. [[Page 136 STAT. 1120]] ``(e) <<NOTE: Evaluation.>> Reporting.--An entity awarded a grant or contract under subsection (a) or (b) shall periodically submit to the Secretary a report evaluating the activities supported by the grant or contract. ``(f) <<NOTE: Time period.>> Authorization of Appropriations.--To carry out this section and section 5 of the Dr. Lorna Breen Health Care Provider Protection Act, there are authorized to be appropriated $35,000,000 for each of fiscal years 2022 through 2024.''. SEC. 5. REVIEW WITH RESPECT TO HEALTH CARE PROFESSIONAL MENTAL HEALTH AND RESILIENCY. (a) <<NOTE: Deadline. Consultation.>> In General.--Not later than 3 years after the date of enactment of this Act, the Secretary, in consultation with relevant stakeholders, shall-- (1) <<NOTE: Review.>> conduct a review on improving health care professional mental health and the outcomes of programs authorized under this Act; and (2) <<NOTE: Reports.>> submit a report to the Congress on the results of such review. (b) Considerations.--The review under subsection (a) shall take into account-- (1) the prevalence and severity of mental health conditions among health professionals, and factors that contribute to those mental health conditions; (2) barriers to seeking and accessing mental health care for health care professionals, which may include consideration of stigma and licensing concerns, and actions taken by State licensing boards, schools for health professionals, health care professional training associations, hospital associations, or other organizations, as appropriate, to address such barriers; (3) the impact of the COVID-19 public health emergency on the mental health of health care professionals and lessons learned for future public health emergencies; (4) factors that promote mental health and resiliency among health care professionals, including programs or strategies to strengthen mental health and resiliency among health care professionals; and (5) the efficacy of health professional training programs that promote resiliency and improve mental health. (c) Recommendations.--The review under subsection (a), as appropriate, shall identify best practices related to, and make recommendations to address-- (1) improving mental health and resiliency among health care professionals; (2) removing barriers to mental health care for health care professionals; and (3) strategies to promote resiliency among health care professionals in health care settings. SEC. 6. GAO REPORT. Not later than 4 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Congress a report on the extent to which Federal substance use disorder and mental health grant programs address the prevalence and severity of mental health conditions and substance use disorders among health professionals. Such report shall-- (1) <<NOTE: Analysis.>> include an analysis of available evidence and data related to such conditions and programs; and [[Page 136 STAT. 1121]] (2) <<NOTE: Assessment.>> assess whether there are duplicative goals and objectives among such grant programs. Approved March 18, 2022. LEGISLATIVE HISTORY--H.R. 1667: --------------------------------------------------------------------------- HOUSE REPORTS: No. 117-213 (Comm. on Energy and Commerce). CONGRESSIONAL RECORD: Vol. 167 (2021): Dec. 8, considered and passed House. Vol. 168 (2022): Feb. 17, considered and passed Senate. <all>

Dr. Lorna Breen Health Care Provider Protection Act

To address behavioral health and well-being among health care professionals.

Dr. Lorna Breen Health Care Provider Protection Act Dr. Lorna Breen Health Care Provider Protection Act Dr. Lorna Breen Health Care Provider Protection Act Dr. Lorna Breen Health Care Provider Protection Act

Rep. Wild, Susan

D

PA

H.R.52

Science, Technology, Communications

Space Research Innovation Act This bill directs the National Aeronautics and Space Administration (NASA) to (1) establish a university-affiliated research center to facilitate NASA capabilities, and (2) use the research center to fund analyses and engineering support related to cis-lunar and deep-space missions and interplanetary research. The bill lists the following entities as eligible to participate in the research center: (1) an institution of higher education, (2) an operator of a federally funded research and development center, and (3) a nonprofit or not-for-profit research institution.

To allow the Administrator of the National Aeronautics and Space Administration to establish a research center for deep space and interplanetary research, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Space Research Innovation Act''. SEC. 2. RESEARCH CENTER FOR DEEP-SPACE AND INTERPLANETARY RESEARCH. (a) In General.--The Administrator of the National Aeronautics and Space Administration, using the authority under section 2304(c)(3)(B) of title 10, United States Code, shall-- (1) establish a university-affiliated research center to facilitate capabilities in support of the National Aeronautics and Space Administration; (2) use such a university-affiliated research center to fund analyses and engineering support related to cis-lunar and deep-space missions and interplanetary research; and (3) ensure such a university-affiliated research center-- (A) is held accountable for the technical quality of the work product developed under this section; and (B) has established expertise in convening academic and private sector groups to facilitate research and private-public partnerships. (b) Policies and Procedures.--The Administrator shall develop and implement policies and procedures to govern, with respect to the establishment of the university-affiliated research center under subsection (a)-- (1) the selection of participants; (2) the award of cooperative agreements or other contracts; (3) the appropriate use of competitive awards and sole source awards; and (4) the technical capabilities required. (c) Eligibility.--The following entities shall be eligible to participate in a university-affiliated research center established under subsection (a)-- (1) an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)); (2) an operator of a federally funded research and development center; and (3) a nonprofit or not-for-profit research institution. <all>

Space Research Innovation Act

To allow the Administrator of the National Aeronautics and Space Administration to establish a research center for deep space and interplanetary research, and for other purposes.

Space Research Innovation Act

Rep. Biggs, Andy

R

AZ

H.R.4783

Taxation

This bill treats certain disability payments and other payments made by Indian tribes or Native Corporations to children as the earned income of such children. This exempts such income from the kiddie tax which taxes the unearned income of children at the parent's marginal tax rate.

To amend the Internal Revenue Code of 1986 to treat certain tribal benefits and Alaska Permanent Fund dividends as earned income for purposes of the kiddie tax. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CERTAIN AMOUNTS TREATED AS EARNED INCOME FOR KIDDIE TAX. (a) In General.--Section 1(g)(4)(C) of the Internal Revenue Code of 1986 is amended to read as follows: ``(C) Treatment of certain amounts as earned income.--For purposes of this subsection, each of the following amounts shall be treated as earned income of the child referred to in paragraph (1) to the extent included in the gross income of such child: ``(i) Distributions from qualified disability trusts.--Any amount included in the gross income of such child under section 652 or 662 by reason of being a beneficiary of a qualified disability trust (as defined in section 642(b)(2)(C)(ii)). ``(ii) Certain indian tribal payments.--Any payment which is included in the gross income of such child and made by an Indian tribal government (as defined in section 139E(c)(1)), or from a trust of which the Indian tribal government is treated as the owner under subpart E of part I of subchapter J, to or for the benefit of such child if-- ``(I) such child or a family member (within the meaning of section 267(c)(4)) is an enrolled member of the tribe with respect to such Indian tribal government, and ``(II) such payment is made by reason of such enrollment. ``(iii) Certain payments from native corporations or settlement trusts.--Any payment which is included in the gross income of such child and-- ``(I) made by a Native corporation (as defined in section 646(h)(2)) to or for the benefit of such child if such child or a family member (within the meaning of section 267(c)(4)) has an equity interest in the Native corporation, or ``(II) made by a Settlement Trust (as defined in section 646(h)(4)) to or for the benefit of such child if such child or a family member (within the meaning of section 267(c)(4)) has a beneficial interest in such Settlement Trust. ``(iv) Alaska permanent fund dividends.-- The amount of any Alaska Permanent Fund dividend which is included in the gross income of such child.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2020. <all>

To amend the Internal Revenue Code of 1986 to treat certain tribal benefits and Alaska Permanent Fund dividends as earned income for purposes of the kiddie tax.

To amend the Internal Revenue Code of 1986 to treat certain tribal benefits and Alaska Permanent Fund dividends as earned income for purposes of the kiddie tax.

Official Titles - House of Representatives Official Title as Introduced To amend the Internal Revenue Code of 1986 to treat certain tribal benefits and Alaska Permanent Fund dividends as earned income for purposes of the kiddie tax.

Rep. Young, Don

R

AK

S.233

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.

[117th Congress Public Law 115] [From the U.S. Government Publishing Office] [[Page 136 STAT. 1178]] Public Law 117-115 117th Congress An Act 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''. <<NOTE: May 5, 2022 - [S. 233]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Donna M. Doss Memorial Act of 2021.>> 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 stepchildren, 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''. [[Page 136 STAT. 1179]] 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''. Approved May 5, 2022. LEGISLATIVE HISTORY--S. 233: --------------------------------------------------------------------------- CONGRESSIONAL RECORD: Vol. 167 (2021): Oct. 7, considered and passed Senate. Vol. 168 (2022): Mar. 30, considered and passed House. <all>

Donna M. Doss Memorial Act of 2021

A bill 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 Donna M. Doss Memorial Act of 2021 Donna M. Doss Memorial Act of 2021 Donna M. Doss Memorial Act of 2021

Sen. Cornyn, John

R

TX

H.R.6244

Armed Forces and National Security

Max Cleland VA Medical Center Act This bill designates the Department of Veterans Affairs medical center in Atlanta, Georgia, as the Joseph Maxwell Cleland Atlanta Department of Veterans Affairs Medical Center or the Joseph Maxwell Cleland Atlanta VA Medical Center.

To designate the medical center of the Department of Veterans Affairs located in metropolitan Atlanta, Georgia, as the ``Joseph Maxwell Cleland Atlanta Department of Veterans Affairs Medical Center''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Max Cleland VA Medical Center Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Joseph Maxwell Cleland was born August 24, 1942, in Atlanta, Georgia, the child of Juanita Kesler Cleland and Joseph Hughie Cleland, a World War II veteran, and grew up in Lithonia, Georgia. (2) Joseph Maxwell Cleland graduated from Stetson University in Florida in 1964, and received his Master's Degree in history from Emory University in Atlanta, Georgia. (3) Following his graduation from Stetson University, Joseph Maxwell Cleland received a Second Lieutenant's Commission in the Army through its Reserve Officers' Training Corps program. (4) Joseph Maxwell Cleland volunteered for duty in the Vietnam War in 1967, serving with the 1st Cavalry Division. (5) On April 8, 1968, during combat at the mountain base at Khe Sanh, Joseph Maxwell Cleland was gravely injured by the blast of a grenade, eventually losing both his legs and right arm. (6) Joseph Maxwell Cleland was awarded the Bronze Star for meritorious service and the Silver Star for gallantry in action. (7) In 1970, Joseph Maxwell Cleland was elected to the Georgia Senate as the youngest member and the only Vietnam veteran, where he served until 1975. (8) As a Georgia State Senator, Joseph Maxwell Cleland authored and advanced legislation to ensure access to public facilities in Georgia for elderly and handicapped individuals. (9) In 1976, Joseph Maxwell Cleland began serving as a staffer on the Committee on Veterans' Affairs of the United States Senate. (10) In 1977, Joseph Maxwell Cleland was appointed by President Jimmy Carter to lead the Veterans Administration. (11) He was the youngest Administrator of the Veterans Administration ever and the first Vietnam veteran to head the agency. (12) He served as a champion for veterans and led the Veterans Administration to recognize, and begin to treat, post- traumatic stress disorder in veterans suffering the invisible wounds of war. (13) Joseph Maxwell Cleland was elected in 1982 as Secretary of State of Georgia, the youngest individual to hold the office, and served in that position for 14 years. (14) In 1996, Joseph Maxwell Cleland was elected to the United States Senate representing Georgia. (15) As a member of the Committee on Armed Services, Joseph Maxwell Cleland advocated for Georgia's military bases, members of the Armed Forces, and veterans, including by championing key personnel issues, playing a critical role in the effort to allow members of the Armed Forces to pass their GI Bill education benefits to their children, and establishing a new veterans cemetery in Canton, Georgia. (16) In 2002, Joseph Maxwell Cleland was appointed to the 9/11 Commission. (17) In 2003, Joseph Maxwell Cleland was appointed by President George W. Bush to the Board of Directors for the Export-Import Bank of the United States, where he served until 2007. (18) In 2009, Joseph Maxwell Cleland was appointed by President Barack Obama as Secretary of the American Battle Monuments Commission overseeing United States military cemeteries and monuments overseas, where he served until 2017. (19) In 2010, Joseph Maxwell Cleland was appointed Chairman of the Advisory Committee on Arlington National Cemetery, where he served until 2017. (20) Joseph Maxwell Cleland authored three books: Strong at the Broken Places, Going for the Max: 12 Principles for Living Life to the Fullest, and Heart of a Patriot. (21) Joseph Maxwell Cleland received numerous honors and awards over the course of his long and distinguished career. (22) Joseph Maxwell Cleland was a patriot, veteran, and lifelong civil servant who proudly served Georgia, the United States, and all veterans and members of the Armed Forces of the United States. (23) On November 9, 2021, at the age of 79, Joseph Maxwell Cleland died, leaving behind a legacy of service, sacrifice, and joy. SEC. 3. JOSEPH MAXWELL CLELAND ATLANTA DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER. (a) Designation.--The medical center of the Department of Veterans Affairs located in metropolitan Atlanta, Georgia, shall after the date of the enactment of this Act be known and designated as the ``Joseph Maxwell Cleland Atlanta Department of Veterans Affairs Medical Center'', or the ``Joseph Maxwell Cleland Atlanta VA Medical Center''. (b) Reference.--Any reference in a law, regulation, map, document, paper, or other record of the United States to the medical center referred to in subsection (a) shall be considered to be a reference to the Joseph Maxwell Cleland Atlanta Department of Veterans Affairs Medical Center. <all>

Max Cleland VA Medical Center Act

To designate the medical center of the Department of Veterans Affairs located in metropolitan Atlanta, Georgia, as the "Joseph Maxwell Cleland Atlanta Department of Veterans Affairs Medical Center".

Max Cleland VA Medical Center Act

Rep. Williams, Nikema

D

GA

S.2829

Finance and Financial Sector

Mind Your Own Business Act of 2021 This bill requires a large publicly traded company, as a condition of being listed on a national securities exchange, to establish in the company's articles of incorporation or bylaws certain duties and procedures regarding a claim against a corporate defendant for breach of fiduciary duty resulting from a material action. A material action taken by a corporate actor covered by this bill includes Actions not covered by this bill include charitable contributions, certain exercises of religion, activity related to national security, and the limitation of business with certain nations and entities.

To amend the Securities Exchange Act of 1934 to require the Securities and Exchange Commission to require the contractual provision by large issuers of procedural privileges with respect to certain shareholder claims relating to board and management accountability for ``woke'' social policy actions as a condition of listing on a national securities exchange, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Mind Your Own Business Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) The fiduciary duties of boards of directors and other corporate actors to corporations and their stockholders are generally established by and enforceable under State law. (2) State law generally permits corporations discretion with respect to altering the rights of stockholders, including the process by which stockholders assert claims for breach of fiduciary duties by the board of directors or other corporate actors, limited by State law governing these fiduciary duties. (3) The regulation of corporations as issuers of securities authorized by Congress in the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) generally regulates corporate behavior in connection with the issuance of securities, including with respect to contractual arrangements between corporations and their stockholders via provisions in corporations' charters and bylaws, and does not-- (A) establish fiduciary duties of boards of directors or other corporate actors to corporations and their stockholders under Federal law; or (B) regulate the fiduciary duties of boards of directors or other corporate actors to corporations and their stockholders under State law. (4) The State law fiduciary duties of boards of directors and other corporate actors establish certain norms upon which the national market system for securities has historically relied, including-- (A) boards of directors and other corporate actors generally have fiduciary duties to their respective corporations and stockholders; and (B) the behavior of corporations as issuers of securities will generally conform to these fiduciary duties, to the benefit of the protection of investors and the public interest. (5) Other norms related to the public interest have historically provided critical bases upon which the national market system for securities has historically relied, including norms that large corporate issuers that are significant to the national economy-- (A) generally invest corporate resources to increase the long-term value of the corporation as a business rather than as an agent of social change; (B) do not use corporate resources to advance narrowly political or partisan agendas; and (C) do not use corporate resources to promote socialism, Marxism, critical race theory, or other un- American ideologies among their workforces or customers. (6) Though these norms are not enforceable legal duties of boards of directors or other corporate actors under Federal law, they substantially contribute to the commercial purpose and nationwide availability of the national market system for securities, which are recognized by section 2 of the Securities Exchange Act of 1934 (15 U.S.C. 78b) as principal bases for the regulation authorized by that Act. (7) Certain large corporate issuers that are significant to the national economy have recently undertaken actions which facially violate these norms on account of apparent political bias. Examples of such actions include the use of corporate resources to-- (A) deny goods and services to States and their political subdivisions, and private entities within such States and their political subdivisions, in response to the social policies proposed or enacted in such States and their political subdivisions, including those related to election procedures, restrictions on abortion, protections for religious freedom, and enforcement of immigration law; (B) deny goods and services to industries and other classes of entities on the basis of characteristics of those industries and classes related to social policy, including industries involved in the sale or manufacture of firearms, operation of border security or criminal detention facilities, and performance of services for the United States military, and classes of entities based on religious belief or identity; (C) promote race and sex stereotyping, such as those described in section 2(a) of Executive Order 13950 (5 U.S.C. 4103 note; relating to combating race and sex stereotyping), which include such destructive concepts that the United States is fundamentally racist or sexist, an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex, and meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race; and (D) openly coordinate with political actors to pursue such actions, including-- (i) undertaking such actions upon the action (or inaction) of boards of directors and other corporate actors that are not sufficiently independent from conflicts of interest with political actors, including elected officials, political parties, news media, labor unions, nonprofit or non- governmental organizations which advocate for changes political or social policy through issuers, other activists affiliated with such actors, and activist investors which advocate for changes in corporate policy primarily unrelated to the pecuniary interest of the issuer; and (ii) conceding to the demands of such political actors without undertaking due care. (8) The prominent, open, and public facial violation of these norms by large corporate issuers that are significant to the national economy undermine the commercial purpose and nationwide availability of the national market system for securities by spending corporate resources on non-commercial and divisive, political and partisan causes. (9) The threat these actions pose to the national market system for securities establishes a public interest in ensuring large corporate issuers that are significant to the national economy-- (A) have adequate internal procedural mechanisms to ensure the accountability of boards of directors and other corporate actors with respect to their adherence with the norms described in this section; and (B) do not unduly burden the ability of stockholders to assert claims for breach of fiduciary duty under State law where the actions at issue in such claims facially violates those norms. SEC. 3. LISTING REQUIREMENT RELATING TO PROCEDURAL PRIVILEGES FOR CERTAIN SHAREHOLDER CLAIMS. The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by inserting after section 10D (15 U.S.C. 78j-4) the following: ``SEC. 10E. PROCEDURAL PRIVILEGES FOR CERTAIN SHAREHOLDER CLAIMS. ``(a) Definitions.--In this section: ``(1) Claimant.--The term `claimant' means-- ``(A) a person that brings a covered claim; or ``(B) if a covered claim is brought as a class action, the representative of the class in that action. ``(2) Controller.--The term `controller' means any person or entity that has control, directly or indirectly, by any means (as those terms are defined under applicable State law), over the board of directors of an issuer, either-- ``(A) generally; or ``(B) with respect to an action at issue in a covered claim. ``(3) Covered claim.--The term `covered claim'-- ``(A) means any single cause of action that-- ``(i) asserts a claim for breach of fiduciary duty owed by any corporate defendant to the applicable issuer (or the shareholders of the applicable issuer) resulting from material action by any covered corporate actor with respect to the applicable issuer-- ``(I) that is taken primarily in response to a law (including a regulation) that is enacted by a State, or a bill that is introduced in the legislature of a State or policy otherwise publicly proposed by an elected official of a State, which shall include if such action includes any prohibition of business within that State by an issuer, whether with respect to business services or travel to, or major events in, that State, that is facially unrelated to the pecuniary interest of the applicable issuer, which shall presumptively include if the law bill, or policy would modify, establish, or create a law relating to-- ``(aa) the manner in which elections are conducted in the State; ``(bb) protecting religious freedom; or ``(cc) limiting the availability of services that include the abortion of unborn children; ``(II) to prohibit the sale of goods or services by any covered corporate actor with respect to the applicable issuer to customers who operate in an industry with which the issuer engages in such business primarily on the basis of a characteristic of that industry that is facially unrelated to the pecuniary interest of the applicable issuer; ``(III) to promote a covered divisive concept; or ``(IV) for which the reasoning publicly presented by any covered corporate actor with respect to the applicable issuer as-- ``(aa) any basis for such action promotes a covered divisive concept; or ``(bb) the primary basis for such action is facially unrelated to the pecuniary interest of the applicable issuer, which shall presumptively include any reference to diversity, equity, or inclusion with respect to the composition of the workforce, management, or board of directors of the issuer or society in general; and ``(ii) is brought by a covered shareholder as-- ``(I) a direct action; or ``(II) a derivative action or proceeding brought on behalf of the applicable issuer; and ``(B) does not include a cause of action that asserts a claim for the breach of fiduciary duty owed by any corporate defendant to the applicable issuer (or the shareholders of that issuer) resulting from-- ``(i) a charitable contribution by any covered corporate actor with respect to the applicable issuer; ``(ii) the exercise of religion by any covered corporate actor with respect to the applicable issuer; ``(iii) business activity by any covered corporate actor in connection with the national security of the United States, the Armed Forces, or veterans of the Armed Forces; or ``(iv) the limitation of business by any covered corporate actor with respect to the applicable issuer-- ``(I) occurring in the jurisdiction of, or with an agent of the People's Republic of China, the Russian Federation, North Korea, Iran, Syria, Sudan, Venezuela, or Cuba; ``(II) in connection with preventing the abuse of internationally recognized worker rights, as defined in section 507 of the Trade Act of 1974 (19 U.S.C. 2467); ``(III) with any entity that derives directly or indirectly more than de minimis gross revenue through the sale of products or services, or the presentation of any depictions or displays, of a prurient sexual nature; ``(IV) with any entity that engages in a commerce- or investment-related boycott, divestment, or sanctions activity that targets Israel; or ``(V) that is required under Federal, State, or local law. ``(4) Covered company.--The term `covered company' means an issuer that has, as calculated in accordance with section 240.12b-2 of title 17, Code of Federal Regulations, or any successor regulation-- ``(A) a public float of more than $20,000,000,000; or ``(B) annual revenues of more than $5,000,000,000. ``(5) Covered corporate actor.--The term `covered corporate actor' means-- ``(A) an issuer; ``(B) a director, officer, or affiliate of an issuer; ``(C) a controller with respect to an issuer; or ``(D) any person acting in the capacity of an officer or agent of an issuer. ``(6) Corporate defendant.--The term `corporate defendant' means any individual who-- ``(A) is a director, officer, affiliate of an issuer, or controller; and ``(B) may be named as a defendant in a cause of action for breach of fiduciary duty under applicable State law. ``(7) Covered divisive concept.--The term `covered divisive concept' means any concept described in section 2(a) of Executive Order 13950 (5 U.S.C. 4103 note; relating to combating race and sex stereotyping). ``(8) Covered shareholder.-- ``(A) In general.--The term `covered shareholder' means a shareholder that as of the date on which a covered claim with respect to the issuer is filed and at all times during which the covered claim described in subparagraph (A) is pending have continuously owned not less than-- ``(i) $2,000 in market value of the issuer's securities for at least three years; ``(ii) $15,000 in market value of the issuer's securities for at least two years; or ``(iii) $25,000 in market value of the issuer's securities for at least one year. ``(9) Director.--The term `director' means, with respect to an issuer, a member of the board of directors of the issuer. ``(10) Investment adviser; private fund.--The terms `investment adviser' and `private fund' have the meanings given the terms in section 202 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2). ``(11) Investment company.--The term `investment company' has the meaning given the term in section 3 of the Investment Company Act of 1940 (15 U.S.C. 80a-3). ``(12) Issuer.--The term `issuer' means an issuer with a class of securities registered pursuant to section 12. ``(13) Non-pecuniary investment entity.--The term `non- pecuniary investment entity' means-- ``(A) any investment company or private fund that invests, reinvests, or trades, or proposes to invest, reinvest, or trade in, or that exercises any control right with respect to any security primarily on a basis that is facially unrelated to the pecuniary interest of any beneficiary of such company or fund for which such activity occurs with respect to such security; ``(B) any investment advisor that provides any advice that is not a charitable contribution-- ``(i) that is for compensation; and ``(ii) the basis for which is primarily unrelated to the pecuniary interest of the party receiving the advice; ``(C) any entity that engages in activism with respect to issuers to which section 14 applies for which the primary basis of such activism is facially unrelated to the pecuniary interest of the issuers to which such activism is directed, including-- ``(i) nominating candidates for election as directors of those issuers; or ``(ii) making shareholder proposals pursuant to that section; and ``(D) any labor organization, as defined in section 2 of the National Labor Relations Act (29 U.S.C. 152), or pension fund affiliated with a labor organization. ``(b) Requirements.-- ``(1) Rules.--Not later than 1 year after the date of enactment of the Mind Your Own Business Act of 2021, the Commission shall, by rule, direct the national securities exchanges and national securities associations to prohibit the listing of any security of any covered company that is not in compliance with the requirements of this section. ``(2) Issuer requirements.--The rules issued under paragraph (1) shall require each issuer, to the maximum extent permitted by State law, in the articles of incorporation or bylaws of the issuer, to provide, with respect to any covered claim, that any corporate defendant with respect to the issuer that is named as a defendant in the covered claim shall-- ``(A) be bound by the presumptions established under subsection (c) with respect to any factual representation made in connection with the covered claim, including any factual representation relating to whether a claim asserted is a covered claim; ``(B) have the burden of proof with respect to any determination of independent business judgment; ``(C) if the claimant obtains a judgment on the merits in the covered claim, be jointly and severally liable for money damages to the claimant in an amount that is not less than the greater of-- ``(i) treble damages; or ``(ii) 2 times the total compensation paid by the issuer to all directors of the issuer for the year in which the primary action alleged in the covered claim substantially occurred, which shall include the market value of all securities issued as compensation to those directors in that year; ``(D) if the claimant obtains all or some of the relief sought in the covered claim, whether by court order, settlement, voluntary change in the conduct of the defendant, or otherwise, reimburse the claimant for the greatest amount permitted by law with respect to all fees, costs, and expenses of every kind and description (including all reasonable attorney's fees and other litigation expenses) that the claimant may obtain in connection with the covered claim; and ``(E) not be indemnified by the issuer for any liability, loss (including attorney's fees, judgments, fines, or amounts paid in settlement) incurred or suffered in connection with the covered claim. ``(c) Presumptions.--For the purposes of this section, the following presumptions shall apply with respect to any covered claim, including with respect to any factual representation relating to whether a claim asserted is a covered claim: ``(1) Pecuniary interest.--There shall be a presumption that the pecuniary interest of an issuer, which shall include the best interest of the issuer to the extent that such interest is substantially similar to the pecuniary interest of the issuer, does not include-- ``(A) the morale of, or ability of the issuer to hire or retain, supervisory employees in general; ``(B) the diversity of the board of directors, management, or workforce in general with respect to any characteristic protected by section 703 of the Civil Rights Act of 1964 (42 2000e-2); ``(C) the public relations, image, value of marketing, or coverage by the news media of the issuer; or ``(D) any financial benefit or reduction in cost, including the cost of capital to the issuer, to the extent the pecuniary benefit of or to such benefit or reduction in cost is caused by the-- ``(i) investment in the securities of the issuer by a non-pecuniary investment entity; or ``(ii) inclusion of the securities of the issuer in indexes created by index providers that select those indexes on a primarily non- pecuniary basis or that include such securities in any index on a primarily non-pecuniary basis. ``(2) Demand excused.--For the purpose of determining whether demand is excused with respect to a covered claim, there shall be a presumption that a director is not independent if the director is employed, controlled, or nominated by, or otherwise has a history of affiliation with a non-pecuniary investment entity or any affiliate of a non-pecuniary investment entity. ``(d) Rules of Construction.--Nothing in this section may be construed-- ``(1) to limit the exercise of religion, as defined in section 5 of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb-2) of any issuer or any director, officer, or affiliate of an issuer; or ``(2) as establishing a fiduciary duty by any corporate defendant or corporate actor.''. <all>

Mind Your Own Business Act of 2021

A bill to amend the Securities Exchange Act of 1934 to require the Securities and Exchange Commission to require the contractual provision by large issuers of procedural privileges with respect to certain shareholder claims relating to board and management accountability for "woke" social policy actions as a condition of listing on a national securities exchange.

Mind Your Own Business Act of 2021

Sen. Rubio, Marco

R

FL

H.R.547

Agriculture and Food

Direct Interstate Retail Exemption for Certain Transactions Act or the DIRECT Act This bill allows meat and poultry products inspected by State Meat and Poultry Inspection programs to be sold by retail stores, restaurants, or similar retail-type establishments over the internet and shipped by a carrier in commerce (other than for export to a foreign country), provided the meat and poultry products so inspected are shipped directly to household consumers and in normal retail quantities. (Under the inspection programs, the Department of Agriculture Food Safety and Inspection Service allows states that meet certain requirements to inspect meat and poultry. The state-inspected products are currently limited to intrastate commerce, unless a state opts into a separate Cooperative Interstate Shipment Program.)

To amend the Federal Meat Inspection Act and the Poultry Products Inspection Act to allow for the interstate internet sales of certain State-inspected meat and poultry, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Direct Interstate Retail Exemption for Certain Transactions Act'' or the ``DIRECT Act''. SEC. 2. INTERSTATE INTERNET SALES OF CERTAIN STATE-INSPECTED MEAT. (a) In General.--Section 301 of the Federal Meat Inspection Act (21 U.S.C. 661) is amended-- (1) in subsection (a)(1), by inserting ``or for distribution pursuant to the second sentence of subsection (c)(2)'' before the period at the end; and (2) in subsection (c)(2)-- (A) in the first sentence, by inserting ``or by'' after ``conducted at'' each place it appears; and (B) by inserting after the first sentence the following: ``For the purposes of this paragraph, any retail store, restaurant, or similar retail-type establishment may sell over the internet and ship by carrier in commerce (other than for export to a foreign country) any State-inspected meat or meat food product, provided that the State-inspected meat or meat food product is shipped directly to household consumers and in normal retail quantities.''. (b) Technical Amendments.--Section 301 of the Federal Meat Inspection Act (21 U.S.C. 661) is amended-- (1) by striking ``he'' each place it appears and inserting ``the Secretary''; and (2) in subsection (c)-- (A) in paragraph (1), in the first sentence, by striking ``subparagraph (2)'' and inserting ``paragraph (2)''; (B) in paragraph (2)-- (i) in the first sentence, by striking ``paragraph (c)'' and inserting ``subsection''; and (ii) in the third sentence (as so redesignated), by striking ``subparagraph'' and inserting ``paragraph''; (C) in paragraph (3)-- (i) by striking ``paragraph (c)'' each place it appears and inserting ``subsection''; (ii) by striking ``subparagraph (1)'' and inserting ``paragraph (1)''; and (iii) by striking ``this paragraph'' each place it appears and inserting ``this subsection''; and (D) in paragraph (4), by striking ``paragraph (c)'' and inserting ``subsection''. SEC. 3. INTERSTATE INTERNET SALES OF CERTAIN STATE-INSPECTED POULTRY. (a) In General.--Section 5 of the Poultry Products Inspection Act (21 U.S.C. 454) is amended-- (1) in subsection (a)(1), by inserting ``or for distribution pursuant to the second sentence of subsection (c)(2)'' before the period at the end; and (2) in subsection (c)(2)-- (A) in the first sentence, by inserting ``or by'' after ``conducted at'' each place it appears; and (B) by inserting after the first sentence the following: ``For the purposes of this paragraph, any retail store, restaurant, or similar retail-type establishment may sell over the internet and ship by carrier in commerce (other than for export to a foreign country) any State-inspected poultry product, provided that the State-inspected poultry product is shipped directly to household consumers and in normal retail quantities.''. (b) Technical Amendments.--Section 5 of the Poultry Products Inspection Act (21 U.S.C. 454) is amended-- (1) by striking ``he'' each place it appears and inserting ``the Secretary''; (2) in subsection (a)(3), in the third sentence, by striking ``subparagraph (4)'' and inserting ``paragraph (4)''; and (3) in subsection (c)-- (A) in paragraph (1)-- (i) in the first sentence, by striking ``subparagraph (2) of this paragraph (c)'' and inserting ``paragraph (2)''; and (ii) in the fourth sentence, by striking ``subparagraph (a)(4) of this section'' and inserting ``subsection (a)(4)''; (B) in paragraph (2)-- (i) in the first sentence, by striking ``paragraph (c)'' and inserting ``subsection''; and (ii) in the third sentence (as so redesignated), by striking ``subparagraph'' and inserting ``paragraph''; (C) in paragraph (3)-- (i) by striking ``subparagraph (1) of this paragraph (c)'' and inserting ``paragraph (1)''; (ii) by striking ``paragraph (c)'' each place it appears and inserting ``subsection''; and (iii) by striking ``this paragraph'' each place it appears and inserting ``this subsection''; and (D) in paragraph (4), by striking ``paragraph (c)'' and inserting ``subsection''. <all>

DIRECT Act

To amend the Federal Meat Inspection Act and the Poultry Products Inspection Act to allow for the interstate internet sales of certain State-inspected meat and poultry, and for other purposes.

DIRECT Act Direct Interstate Retail Exemption for Certain Transactions Act

Rep. Johnson, Dusty

R

SD

S.3935

Crime and Law Enforcement

Pretrial Release Reporting Act This bill requires the Bureau of Justice Statistics to submit a report to Congress on individuals who are granted bail or pretrial release from state courts and are charged with violent felony offenses (e.g., murder or rape).

To require the Director of the Bureau of Justice Statistics to submit to Congress a report relating to individuals granted bail and pretrial release in State courts, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Pretrial Release Reporting Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Multiple jurisdictions across the United States-- (A) broke annual homicide records in 2021; and (B) have reported individuals committing violent felony offenses after being granted bail or pretrial release. (2) The failure of felony defendants to appear for mandatory court appearances and felony bail jumping has increased in multiple jurisdictions across the United States. (3) The most recent report issued by the Bureau of Justice Statistics relating to the pretrial release of felony defendants in State courts is from 2007. (4) The National Pretrial Reporting Program of the Bureau of Justice Statistics was created to collect information on criminal justice processing of individuals charged with felony offenses in State courts, with particular attention given to pretrial release and detention. (5) In 2020, the National Pretrial Reporting Program of the Bureau of Justice Statistics awarded a grant of $2,000,000 to collect information relating to individuals charged with felony offenses and released from criminal pretrial detention. (6) Neither the National Pretrial Reporting Program of the Bureau of Justice Statistics nor the Bureau of Justice Statistics has published any information relating to the pretrial release of felony defendants in State courts since the 2020 grant award. SEC. 3. REPORT. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Director of Bureau of Justice Statistics shall submit to Congress a report on information relating to individuals granted bail and pretrial release from State courts that are charged with 1 or more of the following violent felony offenses: (1) Murder or attempted murder. (2) Manslaughter, other than involuntary manslaughter. (3) Rape or attempted rape. (4) Assault with the intent to commit murder. (5) Assault with the intent to commit rape. (6) Aggravated sexual abuse, sexual abuse, attempted sexual abuse, or abusive sexual conduct. (7) Battery or aggravated battery. (8) Kidnapping. (9) Robbery. (10) Resisting or obstructing an officer. (11) Carjacking. (12) Recklessly endangering safety. (13) Illegal possession of a firearm in the commission of a felony. (14) Any other violent felony offense tracked by the jurisdiction in which the offense is committed. (b) Contents.--The report submitted under subsection (a) shall include-- (1) the number of individuals granted bail or pretrial release from State courts that are charged with an offense described in subsection (a); (2) the number of individuals who, after being granted bail or pretrial release, are rearrested or charged with an additional violent felony offense; (3) the percentage of individuals granted bail or pretrial release from State courts who-- (A) are charged with a violent felony offense; and (B) have a prior arrest or conviction for a violent felony offense; (4) with respect to the pretrial releases described in paragraph (2) for which the pretrial release condition was bail, the amount of bail granted for each individual; (5) the number of missed mandatory court appearances by individuals charged with a violent felony offense; (6) the factors used by State courts for assessing whether to grant bail or pretrial release to individuals who have prior arrests or prior felony convictions for a violent felony offense; (7) with respect to individuals who have committed a violent felony offense after being granted bail or pretrial release, the classification of the violent felony offenses; (8) the status, as of the date of enactment of this Act, of the National Pretrial Reporting Program of the Bureau of Justice Statistics and the activities of that Program; and (9) an accounting for each fiscal year of the amounts that the Department of Justice has spent, or transferred to components of the Department of Justice, in order to collect information on bail and pretrial release in State courts including, with respect to any grants or contracts awarded for that purpose, the amount and the purpose of the grant or contract. <all>

Pretrial Release Reporting Act

A bill to require the Director of the Bureau of Justice Statistics to submit to Congress a report relating to individuals granted bail and pretrial release in State courts, and for other purposes.

Pretrial Release Reporting Act

Sen. Johnson, Ron

R

WI

H.R.1716

Health

COVID-19 Mental Health Research Act This bill requires the National Institute of Mental Health to support mental health research activities related to COVID-19 (i.e., coronavirus disease 2019). The institute must coordinate these activities with other components of the National Institutes of Health.

To direct the Secretary of Health and Human Services, acting through the Director of the National Institute of Mental Health, to conduct or support research on the mental health consequences of SARS-CoV-2 or COVID-19, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``COVID-19 Mental Health Research Act''. SEC. 2. RESEARCH ON THE MENTAL HEALTH IMPACT OF COVID-19. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary''), acting through the Director of the National Institute of Mental Health, shall conduct or support research on the mental health consequences of SARS-CoV-2 or COVID-19. (b) Use of Funds.--Research under subsection (a) may include-- (1) research on the mental health impact of SARS-CoV-2 or COVID-19 on health care providers, including-- (A) traumatic stress; (B) psychological distress; and (C) psychiatric disorders; and (2) research on the impact of SARS-CoV-2 or COVID-19 stressors on mental health over time; (3) research to strengthen the mental health response to SARS-CoV-2 or COVID-19, including adapting to and maintaining or providing additional services for new or increasing mental health needs; (4) research on the reach, efficiency, effectiveness, and quality of digital mental health interventions; (5) research on the effectiveness of strategies for implementation and delivery of evidence-based mental health interventions and services for underserved populations; (6) research on suicide prevention; and (7) research on the impact of SARS-CoV-2 or COVID-19 on the mental health of children and adolescents. (c) Research Coordination.--The Secretary shall coordinate activities under this section with similar activities conducted by national research institutes and centers of the National Institutes of Health to the extent that such institutes and centers have responsibilities that are related to the mental health consequences of SARS-CoV-2 or COVID-19. (d) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $100,000,000 for each of fiscal years 2022 through 2026, to remain available until expended. <all>

COVID–19 Mental Health Research Act

To direct the Secretary of Health and Human Services, acting through the Director of the National Institute of Mental Health, to conduct or support research on the mental health consequences of SARS-CoV-2 or COVID-19, and for other purposes.

COVID–19 Mental Health Research Act

Rep. Tonko, Paul

D

NY

S.2225

Government Operations and Politics

Federal Skills Act This bill directs the Office of Personnel Management (OPM) to review and revise all job classification and qualification standards for positions in the competitive service, as necessary. A federal agency may prescribe a minimum requirement with respect to education for a position in the competitive service only if a minimum qualification with respect to education is legally required to perform the duties of a comparable position in the state or locality where those duties are to be performed. The OPM shall work with each agency to ensure that, for a position in the competitive service, the agency assesses an applicant for employment in a manner that does not rely solely on the education of the applicant to determine the extent to which the applicant possesses relevant knowledge, skills, competencies, and abilities for the position. In assessing an applicant for employment

To require the Director of the Office of Personnel Management to revise job classification and qualification standards for positions in the competitive service regarding educational requirements for those positions, and for other purposes. Be it enacted by the Senate 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 Skills Act''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``agency'' means an agency that appoints individuals to positions in the competitive service; (2) the term ``competitive service'' has the meaning given the term in section 2102 of title 5, United States Code; (3) the term ``Director'' means the Director of the Office of Personnel Management; (4) the term ``education'' means the completion or attainment of a postsecondary degree or other credential at an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)); (5) the term ``personnel assessment'' means a method of collecting information regarding an individual for the purposes of making a selection decision with respect to the individual; (6) the term ``qualification standards'' means the minimum requirements with respect to education, training, and experience that an applicant for employment would need to possess in order to make it likely that the applicant would perform satisfactorily in the position or occupational series that is the subject of the application for employment; and (7) the term ``selection decision'' includes a decision regarding an individual with respect to-- (A) appointment; (B) placement; (C) promotion; (D) referral; (E) retention; or (F) entry into a program leading to career advancement, such as an apprenticeship program, a training program, or a career development program. SEC. 3. REVISION OF JOB CLASSIFICATION AND QUALIFICATION STANDARDS. (a) Review.-- (1) In general.--Consistent with the requirements of this section, the Director, in consultation with the Director of the Office of Management and Budget and the head of each agency, shall review and revise all job classification and qualification standards for positions in the competitive service, as necessary. (2) Publication; effective date.--With respect to any change to a job classification or qualification standard made under paragraph (1)-- (A) the Director shall, not later than 120 days after the date of enactment of this Act, make that change available to the public; and (B) the change shall take effect not later than 180 days after the date of enactment of this Act. (b) Education Requirement.--The head of an agency may prescribe a minimum requirement with respect to education for a position in the competitive service only if a minimum qualification with respect to education is legally required to perform the duties of a comparable position in the State or locality where those duties are to be performed. (c) Consideration of Education.--Unless the head of an agency is determining the satisfaction of a legally required minimum requirement with respect to education for an applicant for employment with the agency, the agency head may consider the education of the applicant in determining the satisfaction by the applicant of another minimum qualification only if the education of the applicant directly reflects the competencies necessary to satisfy that qualification and perform the duties of the position. (d) Position Listing.--A position description and job posting published by an agency for a position in the competitive service shall be based on the specific skills and competencies required to perform that position, as established in the position classifications and qualification standards of the Office of Personnel Management. SEC. 4. IMPROVING THE USE OF ASSESSMENTS IN THE FEDERAL HIRING PROCESS. (a) In General.--The Director shall work with the head of each agency to ensure that, not later than 180 days after the date of enactment of this Act, for a position in the competitive service, the head of an agency assesses an applicant for employment in a manner that does not rely solely on the education of the applicant to determine the extent to which the applicant possesses relevant knowledge, skills, competencies, and abilities for the position. (b) Other Requirements.--With respect to the assessment practices described in subsection (a)-- (1) the head of each agency shall develop or identify those assessment practices; and (2) those assessment practices-- (A) may not be substantively equivalent to competencies only attainable through education; and (B) shall be published by the applicable agency in the human resources manual of the agency. (c) Consideration of Self-Evaluation.-- (1) In general.--In assessing an applicant for employment-- (A) the head of an agency may not rely solely on the self-evaluation of the stated abilities of the applicant; and (B) the applicant shall fulfill other assessment standards in order to be certified for consideration, as established by the Chief Human Capital Officer of the applicable agency (or an equivalent official). (2) Publication.--The standards described in paragraph (1)(B) shall be published in the human resources manual of the applicable agency. (d) Evaluation.--The head of each agency shall continually evaluate the effectiveness of different assessment strategies to promote and protect the quality and integrity of the appointment processes of the agency, which shall be reviewed by the Chief Human Capital Officer of the agency (or an equivalent official), who shall make any necessary changes or take any necessary remedial actions concurrent with the review. SEC. 5. APPLICATION. (a) In General.--Nothing in this Act may be construed to impair or otherwise affect-- (1) the authority granted by law to an executive department or agency, or the head thereof; or (2) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) Rights or Benefits.--This Act is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. SEC. 6. RULE OF CONSTRUCTION. Nothing in this Act may be construed to eliminate or otherwise affect the student loan forgiveness or student loan cancellation options available to borrowers under Federal law, as such options are in effect on the day before the date of enactment of this Act. <all>

Federal Skills Act

A bill to require the Director of the Office of Personnel Management to revise job classification and qualification standards for positions in the competitive service regarding educational requirements for those positions, and for other purposes.

Federal Skills Act

Sen. Rubio, Marco

R

FL

S.710

International Affairs

Sister City Transparency Act This bill requires the Government Accountability Office to study the activities of sister city partnerships involving foreign communities in countries that received a score of 45 or less on Transparency International's 2019 Corruption Perceptions Index. A sister city partnership is a formal agreement between a U.S. community and a foreign community that is recognized by Sister Cities International and that is operating within the United States. Among other elements, the required study must (1) identify oversight practices that U.S communities implement to mitigate the risks of foreign espionage and economic coercion within sister city partnerships, (2) assess the extent to which U.S. communities ensure transparency regarding sister city partnership contracts and activities, and (3) review the range of activities conducted within sister city partnerships.

To direct the Comptroller General of the United States to conduct a study to evaluate the activities of sister city partnerships operating within 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 ``Sister City Transparency Act''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Health, Education, Labor, and Pensions of the Senate; (C) the Committee on Armed Services of the Senate; (D) the Committee on Foreign Affairs of the House of Representatives; (E) the Committee on Education and Labor of the House of Representatives; and (F) the Committee on Armed Services of the House of Representatives. (2) Foreign community.--The term ``foreign community'' means any subnational unit of government outside of the United States. (3) Sister city partnership.--The term ``sister city partnership'' means a formal agreement between a United States community and a foreign community that-- (A) is recognized by Sister Cities International; and (B) is operating within the United States. (4) United states community.--The term ``United States community'' means a State, county, city, or other unit of local government in the United States. SEC. 3. STUDY OF SISTER CITY PARTNERSHIPS OPERATING WITHIN THE UNITED STATES INVOLVING FOREIGN COMMUNITIES IN COUNTRIES WITH SIGNIFICANT PUBLIC SECTOR CORRUPTION. (a) In General.--The Comptroller General of the United States shall conduct a study of the activities of sister city partnerships involving foreign communities in countries receiving a score of 45 or less on Transparency International's 2019 Corruption Perceptions Index. (b) Elements of the Study.--The study conducted under subsection (a) shall-- (1) identify-- (A) the criteria by which foreign communities identify United States communities as candidates for sister city partnerships, including themes with respect to the prominent economic activities and demographics of such United States communities; (B) the activities conducted within sister city partnerships; (C) the economic and educational outcomes of such activities; (D) the types of information that sister city partnerships make publicly available, including information relating to contracts and activities; (E) the means by which United States communities safeguard freedom of expression within sister city partnerships; and (F) the oversight practices that United States communities implement to mitigate the risks of foreign espionage and economic coercion within sister city partnerships; (2) assess-- (A) the extent to which United States communities ensure transparency regarding sister city partnership contracts and activities; (B) the extent to which sister city partnerships involve economic arrangements that make United States communities vulnerable to malign market practices; (C) the extent to which sister city partnerships involve educational arrangements that diminish the freedom of expression; (D) the extent to which sister city partnerships allow foreign nationals to access local commercial, educational, and political institutions; (E) the extent to which foreign communities could use sister city partnerships to realize strategic objectives that do not conduce to the economic and national security interests of the United States; (F) the extent to which sister city partnerships could enable or otherwise contribute to foreign communities' malign activities globally, including activities relating to human rights abuses and academic and industrial espionage; and (G) the extent to which United States communities seek to mitigate foreign nationals' potentially inappropriate use of visa programs to participate in activities relating to sister city partnerships; and (3) review-- (A) the range of activities conducted within sister city partnerships, including activities relating to cultural exchange and economic development; (B) how such activities differ between sister city partnerships; and (C) best practices to ensure transparency regarding sister city partnerships' agreements, activities, and employees. (c) Report.-- (1) In general.--Not later than 6 months after initiating the study required under subsection (a), the Comptroller General shall submit a report to the appropriate congressional committees that contains the results of such study, including the findings, conclusions, and recommendations (if any) of the study. (2) Form.--The report required under paragraph (1) may include a classified annex, if necessary. <all>

Sister City Transparency Act

A bill to direct the Comptroller General of the United States to conduct a study to evaluate the activities of sister city partnerships operating within the United States, and for other purposes.

Sister City Transparency Act

Sen. Blackburn, Marsha

R

TN

S.2421

Environmental Protection

Smoke Planning and Research Act of 2021 This bill requires the Environmental Protection Agency (EPA) to research and mitigate the impacts of smoke emissions from wildland fires. Specifically, the EPA must establish (1) four Centers of Excellence for Wildfire Smoke at institutions of higher education, and (2) a grant program to support community mitigation efforts.

To authorize the Administrator of the Environmental Protection Agency to conduct research on wildfire smoke, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Smoke Planning and Research Act of 2021''. SEC. 2. RESEARCH ON WILDFIRE SMOKE. (a) Centers of Excellence.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this section as the ``Administrator'') shall establish at institutions of higher education 4 centers, each of which shall be known as a ``Center of Excellence for Wildfire Smoke'', to carry out research relating to-- (A) the effects on public health of smoke emissions from wildland fires; and (B) means by which communities can better respond to the impacts of emissions from wildland fires. (2) Authorization of appropriations.--There is authorized to be appropriated to the Administrator to carry out this subsection $10,000,000 for fiscal year 2022 and each fiscal year thereafter. (b) Research.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Administrator shall carry out research-- (A) to study the health effects of smoke emissions from wildland fires; (B) to develop and disseminate personal and community-based interventions to reduce exposure to and adverse health effects of smoke emissions from wildland fires; (C) to increase the quality of smoke monitoring and prediction tools and techniques; and (D) to develop implementation and communication strategies. (2) Authorization of appropriations.--There is authorized to be appropriated to the Administrator to carry out this subsection $20,000,000 for fiscal year 2022 and each fiscal year thereafter. SEC. 3. COMMUNITY SMOKE PLANNING. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a competitive grant program to assist eligible entities described in subsection (b) in developing and implementing collaborative community plans for mitigating the impacts of smoke emissions from wildland fires. (b) Eligible Entities.--An entity that is eligible to submit an application for a grant under subsection (a) is-- (1) a State; (2) a unit of local government (including any special district, such as an air quality management district or a school district); or (3) an Indian Tribe. (c) Applications.--To be eligible to receive a grant under subsection (a), an eligible entity described in subsection (b) shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. (d) Technical Assistance.--The Administrator may use amounts made available to carry out this section to provide to eligible entities described in subsection (b) technical assistance in-- (1) submitting grant applications under subsection (c); or (2) carrying out projects using a grant under this section. (e) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator to carry out this section $50,000,000 for fiscal year 2022 and each fiscal year thereafter. <all>

Smoke Planning and Research Act of 2021

A bill to authorize the Administrator of the Environmental Protection Agency to conduct research on wildfire smoke, and for other purposes.

Smoke Planning and Research Act of 2021

Sen. Merkley, Jeff

D

OR

S.99

Civil Rights and Liberties, Minority Issues

Life at Conception Act of 2021 This bill declares that the right to life guaranteed by the Constitution is vested in each human being at all stages of life, including the moment of fertilization, cloning, or other moment at which an individual comes into being. Nothing in this bill shall be construed to require the prosecution of any woman for the death of her unborn child, a prohibition on in vitro fertilization, or a prohibition on use of birth control or another means of preventing fertilization.

To implement equal protection under the 14th Amendment to the Constitution of the United States for the right to life of each born and preborn human person. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Life at Conception Act of 2021''. SEC. 2. RIGHT TO LIFE. To implement equal protection for the right to life of each born and preborn human person, and pursuant to the duty and authority of Congress, including Congress' power under section 8 of article I of the Constitution of the United States to make necessary and proper laws, and Congress' power under section 5 of the 14th Amendment to the Constitution, the Congress hereby declares that the right to life guaranteed by the Constitution is vested in each human being. Nothing in this Act shall be construed to require the prosecution of any woman for the death of her unborn child, a prohibition on in vitro fertilization, or a prohibition on use of birth control or another means of preventing fertilization. SEC. 3. DEFINITIONS. In this Act: (1) Human person; human being.--The terms ``human person'' and ``human being'' include each member of the species homo sapiens at all stages of life, including the moment of fertilization or cloning, or other moment at which an individual member of the human species comes into being. (2) State.--For purposes of applying the 14th Amendment to the Constitution of the United States and other applicable provisions of the Constitution to carry out section 2, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, and each other territory or possession of the United States. <all>

Life at Conception Act of 2021

A bill to implement equal protection under the 14th Amendment to the Constitution of the United States for the right to life of each born and preborn human person.

Life at Conception Act of 2021

Sen. Paul, Rand

R

KY

H.R.9545

Energy

Block All New Oil Exports Act or the BAN Oil Exports Act This bill requires the President to ban the exportation of crude oil and natural gas from the United States. The President may provide an exemption to the ban in specified circumstances.

To amend the Energy Policy and Conservation Act to reinstate the ban on the export of crude oil and natural gas produced 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 ``Block All New Oil Exports Act'' or the ``BAN Oil Exports Act''. SEC. 2. DOMESTIC USE OF ENERGY SUPPLIES AND RELATED MATERIALS AND EQUIPMENT. (a) In General.--The Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.) is amended by inserting after section 101 the following: ``SEC. 103. DOMESTIC USE OF ENERGY SUPPLIES AND RELATED MATERIALS AND EQUIPMENT. ``(a) Export Restrictions.--The President, by rule, under such terms and conditions as the President determines to be appropriate and necessary to carry out the purposes of this Act, may restrict exports of-- ``(1) coal, petroleum products, natural gas, or petrochemical feedstocks; and ``(2) supplies of materials or equipment that the President determines to be necessary-- ``(A) to maintain or further exploration, production, refining, or transportation of energy supplies; or ``(B) for the construction or maintenance of energy facilities within the United States. ``(b) Prohibition of Export of Crude Oil and Natural Gas.-- ``(1) Rule.--Subject to paragraph (2), the President shall exercise the authority provided under subsection (a) to promulgate a rule prohibiting the export of crude oil and natural gas produced in the United States. ``(2) Exemptions.-- ``(A) In general.--In accordance with subparagraph (A), the President may exempt from a prohibition on the export of crude oil and natural gas under paragraph (1) any crude oil or natural gas exports that the President determines to be consistent with-- ``(i) the national interest; and ``(ii) the purposes of this Act. ``(B) Requirements.--An exemption from a rule prohibiting crude oil or natural gas exports under paragraph (1)-- ``(i) shall be-- ``(I) included in the rule; or ``(II) provided for in an amendment to the rule; and ``(ii) may be based on-- ``(I) the purpose for export; ``(II) the class of seller or purchaser; ``(III) the country of destination; or ``(IV) any other reasonable classification or basis that the President determines to be-- ``(aa) appropriate; and ``(bb) consistent with-- ``(AA) the national interest; and ``(BB) the purposes of this Act. ``(c) Imposition of Restrictions.-- ``(1) In general.--In order to implement any rule promulgated under subsection (a), the President may direct the Secretary of Commerce to impose such restrictions as are specified in the rule on exports of-- ``(A) coal, petroleum products, natural gas, or petrochemical feedstocks; and ``(B) supplies of materials and equipment described in paragraph (2) of that subsection. ``(2) Procedures.--The Secretary shall impose restrictions under paragraph (1) pursuant to procedures established under the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.). ``(d) Restrictions and National Interest.--Any finding by the President pursuant to subsection (a) or (b) and any action taken by the Secretary of Commerce pursuant to those subsections shall take into account the national interest as related to the need to leave uninterrupted or unimpaired-- ``(1) exchanges in similar quantity for convenience or increased efficiency of transportation with persons or the government of a foreign state; ``(2) temporary exports for convenience or increased efficiency of transportation across parts of an adjacent foreign state before reentering the United States; and ``(3) the historical trading relations of the United States with Canada and Mexico. ``(e) Waiver of Notice and Comment Period.-- ``(1) In general.--Subject to paragraph (2), subchapter II of chapter 5 of title 5, United States Code, shall apply with respect to the promulgation of any rule pursuant to this section. ``(2) Waiver.-- ``(A) In general.--The President may waive with respect to the promulgation of any rule pursuant to this section the notice and comment provisions of subchapter II of chapter 5 of title 5, United States Code, only if the President determines that compliance with the requirements may seriously impair the ability of the President to impose effective and timely prohibitions on exports. ``(B) Opportunity for comment.--If the notice and comment provisions of subchapter II of chapter 5 of title 5, United States Code, are waived under subparagraph (A) with respect to a rule promulgated under this section, the President shall provide interested persons an opportunity to comment on the rule as soon as practicable after the date on which the rule is promulgated. ``(3) Enforcement and penalty provisions.--If the President determines to request the Secretary of Commerce to impose specified restrictions pursuant to subsection (c), the enforcement and penalty provisions of the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.) shall apply to any violation of the restrictions.''. (b) Clerical and Conforming Amendments.-- (1) Clerical amendment.--The table of contents for the Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is amended by inserting before the item relating to section 104 the following: ``103. Domestic use of energy supplies and related materials and equipment.''. (2) Conforming amendment.--Section 101 of division O of the Consolidated Appropriations Act, 2016 (42 U.S.C. 6212a), is amended by striking subsections (b) through (d). <all>

BAN Oil Exports Act

To amend the Energy Policy and Conservation Act to reinstate the ban on the export of crude oil and natural gas produced in the United States, and for other purposes.

BAN Oil Exports Act Block All New Oil Exports Act

Rep. Espaillat, Adriano

D

NY

H.R.2013

Environmental Protection

Climate Change Resiliency Fund for America Act of 2021 This bill provides support to address the impacts of climate change. Specifically, the bill authorizes the Department of the Treasury to issue up to $1 billion in climate change obligations (e.g., bonds) in a fiscal year, with bond proceeds going into the Climate Change Resiliency Fund established by this bill. The fund must be used for a program that finances projects that reduce the economic, social, and environmental impact of the adverse effects of climate change. A percentage of those funds must be used to benefit communities that experience disproportionate impacts from climate change. The Climate Change Advisory Commission, established by this bill, must provide recommendations and guidelines for the program and identify categories of the most cost-effective investments and projects that emphasize multiple benefits to commerce, human health, and ecosystems.

To establish the Climate Change Advisory Commission to develop recommendations, frameworks, and guidelines for projects to respond to the impacts of climate change, to issue Federal obligations, the proceeds of which shall be used to fund projects that aid in adaptation to climate change, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Climate Change Resiliency Fund for America Act of 2021''. (b) Table of Contents.-- Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--CLIMATE CHANGE ADVISORY COMMISSION Sec. 101. Establishment of Climate Change Advisory Commission. Sec. 102. Duties. Sec. 103. Commission personnel matters. Sec. 104. Funding. Sec. 105. Termination. TITLE II--CLIMATE CHANGE RESILIENCY FUND Sec. 201. Climate Change Resiliency Fund. Sec. 202. Compliance with Davis-Bacon Act. Sec. 203. Funding. TITLE III--REVENUE Sec. 301. Climate Change Obligations. Sec. 302. Promotion. SEC. 2. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Climate Change Advisory Commission established by section 101(a). (2) Community of color.--The term ``community of color'' means a geographically distinct area in which the population of any of the following categories of individuals is higher than the average populations of that category for the State in which the community is located: (A) Black. (B) African American. (C) Asian. (D) Pacific Islander. (E) Other non-White race. (F) Hispanic. (G) Latino. (H) Linguistically isolated. (3) Eligible entity.--The term ``eligible entity'' includes-- (A) a Federal agency; (B) a State or group of States; (C) a unit of local government or a group of local governments; (D) a utility district; (E) a Tribal government or a consortium of Tribal governments; (F) a State or regional transit agency or a group of State or regional transit agencies; (G) a nonprofit organization; (H) a special purpose district or public authority, including a port authority; and (I) any other entity, as determined by the Secretary. (4) Environmental justice community.--The term ``environmental justice community'' means a community with significant representation of communities of color, low-income communities, or Tribal and indigenous communities that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects. (5) Frontline community.--The term ``frontline community'' means a low-income community, a community of color, or a Tribal community that is disproportionately impacted or burdened by climate change or a phenomenon associated with climate change, including such a community that was or is at risk of being disproportionately impacted or burdened by climate change or a phenomenon associated with climate change earlier than other such communities. (6) Fund.--The term ``Fund'' means the Climate Change Resiliency Fund established by section 201(a)(1). (7) Low-income community.--The term ``low-income community'' means any census block group in which 30 percent or more of the population are individuals with an annual household income equal to, or less than, the greater of-- (A) an amount equal to 80 percent of the median household income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and (B) 200 percent of the Federal poverty line. (8) Project.--The term ``project'' means a project for a qualified climate change adaptation purpose performed by an eligible entity under section 201(b). (9) Qualified climate change adaptation purpose.-- (A) In general.--The term ``qualified climate change adaptation purpose'' means an objective with a demonstrated intent to reduce the economic, social, and environmental impact of the adverse effects of climate change. (B) Inclusions.--The term ``qualified climate change adaptation purpose'' includes infrastructure resiliency and mitigation, improved disaster response, and ecosystem protection, which may be accomplished through activities or projects with objectives such as-- (i) reducing risks or enhancing resilience to sea level rise, extreme weather events, fires, drought, flooding, heat island impacts, or worsened indoor or outdoor air quality; (ii) protecting farms and the food supply from climate impacts; (iii) reducing risks of food insecurity that would otherwise result from climate change; (iv) ensuring that disaster and public health plans account for more severe weather; (v) reducing risks from geographical change to disease vectors, pathogens, invasive species, and the distribution of pests; and (vi) other projects or activities, as determined to be appropriate by the Commission. (10) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (11) State.--The term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. TITLE I--CLIMATE CHANGE ADVISORY COMMISSION SEC. 101. ESTABLISHMENT OF CLIMATE CHANGE ADVISORY COMMISSION. (a) In General.--There is established a commission to be known as the ``Climate Change Advisory Commission''. (b) Membership.--The Commission shall be composed of 11 members-- (1) who shall be selected from the public and private sectors and institutions of higher education; and (2) of whom-- (A) 3 shall be appointed by the President, in consultation with the National Climate Task Force; (B) 2 shall be appointed by the Speaker of the House of Representatives; (C) 2 shall be appointed by the minority leader of the House of Representatives; (D) 2 shall be appointed by the majority leader of the Senate; and (E) 2 shall be appointed by the minority leader of the Senate. (c) Terms.--Each member of the Commission shall be appointed for the life of the Commission. (d) Initial Appointments.--Each member of the Commission shall be appointed not later than 90 days after the date of enactment of this Act. (e) Vacancies.--A vacancy on the Commission-- (1) shall not affect the powers of the Commission; and (2) shall be filled in the manner in which the original appointment was made. (f) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission. (g) Meetings.--The Commission shall meet at the call of the Chairperson. (h) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (i) Chairperson and Vice Chairperson.--The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission. SEC. 102. DUTIES. The Commission shall-- (1) establish recommendations, frameworks, and guidelines for a Federal investment program funded by revenue from climate change obligations issued under section 301 for eligible entities that-- (A) improve and adapt energy, transportation, water, and general infrastructure impacted or expected to be impacted due to climate variability; and (B) integrate best available science, data, standards, models, and trends that improve the resiliency of infrastructure systems described in subparagraph (A); and (2) in consultation with the Council on Environmental Quality and the White House Environmental Justice Interagency Council, identify categories of the most cost-effective investments and projects that emphasize multiple benefits to human health, commerce, and ecosystems while ensuring that the Commission engages in early and meaningful community stakeholder involvement opportunities during the development of the recommendations, frameworks, and guidelines established under paragraph (1). SEC. 103. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.-- (1) Non-federal employees.--A member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. (2) Federal employees.--A member of the Commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. (b) Travel Expenses.--A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (c) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate such personnel as are necessary to enable the Commission to perform the duties of the Commission. (2) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the Chairperson of the Commission may fix the compensation of personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (B) Maximum rate of pay.--The rate of pay for personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. SEC. 104. FUNDING. The Commission shall use amounts in the Fund to pay for all administrative expenses of the Commission. SEC. 105. TERMINATION. The Commission shall terminate on such date as the Commission determines after the Commission carries out the duties of the Commission under section 102. TITLE II--CLIMATE CHANGE RESILIENCY FUND SEC. 201. CLIMATE CHANGE RESILIENCY FUND. (a) Establishment.-- (1) In general.--There is established in the Treasury of the United States the ``Climate Change Resiliency Fund''. (2) Use of amounts.-- (A) In general.--The Secretary shall use not less than 40 percent of the amounts in the Fund to fund projects that benefit communities that experience disproportionate impacts from climate change, including environmental justice communities, frontline communities, and low-income communities. (B) Maintenance of effort.--All amounts deposited in the Fund in accordance with section 301(a) shall only be used-- (i) to fund new projects in accordance with this section; and (ii) for administrative expenses of the Commission authorized under section 104. (3) Responsibility of secretary.--The Secretary shall take such action as the Secretary determines necessary to assist in implementing the Fund in accordance with this section. (b) Climate Change Adaptation Projects.--The Secretary, in consultation with the Commission, shall carry out a program to provide funds to eligible entities to carry out projects for a qualified climate change adaptation purpose. (c) Applications.-- (1) In general.--An eligible entity desiring funds under subsection (b) shall, with respect to a project, submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents.--An application submitted by an eligible entity under this subsection shall include data relating to any benefits the eligible entity expects the project to provide to the community in which the applicable project is performed, such as-- (A) an economic impact; or (B) improvements to public health. (3) Technical assistance.--The Secretary shall offer technical assistance to eligible entities preparing applications under this subsection. (d) Selection.-- (1) In general.--The Secretary shall select eligible entities to receive funds to carry out projects under this section based on criteria and guidelines determined and published by the Commission under section 102. (2) Priority.--In selecting eligible entities under paragraph (1), the Secretary shall give priority to eligible entities planning to perform projects that will serve areas with the greatest need. (e) Non-Federal Funding Requirement.-- (1) In general.--Subject to paragraphs (2) and (3), in order to receive funds under this section, an eligible entity shall provide funds for a project in an amount that is equal to not less than 25 percent of the amount of funds provided under this section. (2) Waiver.--The Secretary may waive all or part of the matching requirement under paragraph (1) for an eligible entity, especially an eligible entity performing a project benefitting a low-income community or an environmental justice community, if the Secretary determines that-- (A) there are no reasonable means available through which the eligible entity can meet the matching requirement; or (B) the probable benefit of the project outweighs the public interest of the matching requirement. (3) No-match projects.-- (A) In general.--The Secretary shall award not less than 10 percent and not more than 40 percent of the total funds awarded under this section to eligible entities to which the matching requirement under paragraph (1) shall not apply. (B) Priority.--The Secretary shall give priority for funding under subparagraph (A) to an eligible entity performing a project in a community experiencing a disproportionate impact of climate change, including-- (i) an environmental justice community; (ii) a low-income community; or (iii) a community of color. (f) Applicability of Federal Law.--Nothing in this Act shall be construed to waive the requirements of any Federal law or regulation that would otherwise apply to a project that receives funds under this section. SEC. 202. COMPLIANCE WITH DAVIS-BACON ACT. (a) In General.--All laborers and mechanics employed by contractors and subcontractors on projects funded directly by, or assisted in whole or in part by and through, the Fund 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 subchapter IV of chapter 31 of part A of title 40, United States Code. (b) Labor Standards.--With respect to the labor standards described in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. SEC. 203. FUNDING. To carry out the program under section 201(b), the Secretary, in addition to amounts in the Fund, may use amounts that have been made available to the Secretary and are not otherwise obligated. TITLE III--REVENUE SEC. 301. CLIMATE CHANGE OBLIGATIONS. (a) In General.--Not later than 6 months after the date of the enactment of this Act, the Secretary of the Treasury or the Secretary's delegate (referred to in this title as the ``Secretary'') shall issue obligations under chapter 31 of title 31, United States Code (referred to in this title as ``climate change obligations''), the proceeds from which shall be deposited in the Fund. (b) Full Faith and Credit.--Payment of interest and principal with respect to any climate change obligation issued under this section shall be made from the general fund of the Treasury of the United States and shall be backed by the full faith and credit of the United States. (c) Exemption From Local Taxation.--All climate change obligations issued by the Secretary, and the interest on or credits with respect to such obligations, shall not be subject to taxation by any State, county, municipality, or local taxing authority. (d) Amount of Climate Change Obligations.-- (1) In general.--Except as provided in paragraph (2), the aggregate face amount of the climate change obligations issued annually under this section shall be $200,000,000. (2) Additional obligations.--For any calendar year in which all of the obligations issued pursuant to paragraph (1) have been purchased, the Secretary may issue additional climate change obligations during such calendar year, provided that the aggregate face amount of such additional obligations does not exceed $800,000,000. (e) Funding.--The Secretary shall use funds made available to the Secretary and not otherwise obligated to carry out the purposes of this section. SEC. 302. PROMOTION. (a) In General.--The Secretary shall promote the purchase of climate change obligations through such means as are determined appropriate by the Secretary, with the amount expended for such promotion not to exceed $10,000,000 for any fiscal year during the period of fiscal years 2022 through 2026. (b) Donated Advertising.--In addition to any advertising paid for with funds made available under subsection (c), the Secretary shall solicit and may accept the donation of advertising relating to the sale of climate change obligations. (c) Authorization of Appropriations.--For each fiscal year during the period of fiscal years 2022 through 2026, there is authorized to be appropriated $10,000,000 to carry out the purposes of this section. <all>

Climate Change Resiliency Fund for America Act of 2021

To establish the Climate Change Advisory Commission to develop recommendations, frameworks, and guidelines for projects to respond to the impacts of climate change, to issue Federal obligations, the proceeds of which shall be used to fund projects that aid in adaptation to climate change, and for other purposes.

Climate Change Resiliency Fund for America Act of 2021

Rep. Deutch, Theodore E.

D

FL

H.R.1783

Science, Technology, Communications

Accessible, Affordable Internet for All Act This bill reauthorizes through FY2026, revises, and establishes grants and activities to promote access to broadband internet and other telecommunication services. The bill addresses digital equity and inclusion through grants and by requiring studies on barriers to adoption of broadband services and related matters. The bill addresses broadband affordability and access. It (1) reauthorizes and expands various programs that subsidize or otherwise support broadband services for eligible households, schools and libraries, and tribal lands and populations; and (2) establishes a program for expanding broadband service for underserved areas and community support organizations (e.g., schools and religious organizations). Additionally, the Federal Communications Commission (FCC) must award grants and take other actions to expand programs that verify an individual's eligibility for subsidized services. The bill addresses broadband data collection, disclosure, and sharing. The FCC must (1) issue rules regarding the collection of pricing data and labels that disclose information about broadband plans to consumers, and (2) collaborate and share data with federal agencies and other stakeholders. The bill makes financing (e.g., low-interest loans) available to communities and public-private partnerships for broadband infrastructure investments. Additionally, the Department of Transportation must require states to install conduits for broadband cables as part of certain highway projects. The bill also sets up a task force on nationwide dig once requirements (i.e., policies or practices to minimize excavations of highway rights-of-way when installing telecommunications infrastructure). Further, the bill preempts state laws that prohibit certain telecommunications service providers (e.g., public providers) from providing high-speed broadband services.

To make high-speed broadband internet service accessible and affordable to all Americans, and for other 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 ``Accessible, Affordable Internet for All Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Sense of Congress. Sec. 4. Severability. TITLE I--DIGITAL EQUITY Sec. 1000. Definitions. Subtitle A--Office of Internet Connectivity and Growth Sec. 1101. Annual report of Office. Sec. 1102. Study and report on affordability of adoption of broadband service. Sec. 1103. Authorization of appropriations. Sec. 1104. Study and recommendations to connect socially disadvantaged individuals. Subtitle B--Digital Equity Programs Sec. 1201. State Digital Equity Capacity Grant Program. Sec. 1202. Digital Equity Competitive Grant Program. Sec. 1203. Policy research, data collection, analysis and modeling, evaluation, and dissemination. Sec. 1204. General provisions. TITLE II--BROADBAND AFFORDABILITY AND PRICING TRANSPARENCY Subtitle A--Broadband Affordability Sec. 2101. Authorization for additional funds for the Emergency Broadband Connectivity Fund. Sec. 2102. Grants to States to strengthen National Lifeline Eligibility Verifier. Sec. 2103. Federal coordination between National Eligibility Verifier and National Accuracy Clearinghouse. Sec. 2104. Definitions. Subtitle B--Additional Authorization for Emergency Connectivity Fund Sec. 2201. Additional authorization for Emergency Connectivity Fund. Subtitle C--Pricing Transparency Sec. 2301. Definitions. Sec. 2302. Broadband transparency. Sec. 2303. Distribution of data. Sec. 2304. Coordination with certain other Federal agencies. Sec. 2305. Adoption of consumer broadband labels. Sec. 2306. GAO report. TITLE III--BROADBAND ACCESS Subtitle A--Expansion of Broadband Access Sec. 3101. Expansion of broadband access in unserved areas and areas with low-tier or mid-tier service. Sec. 3102. Tribal internet expansion. Subtitle B--Broadband Infrastructure Finance and Innovation Sec. 3201. Short title. Sec. 3202. Definitions. Sec. 3203. Determination of eligibility and project selection. Sec. 3204. Secured loans. Sec. 3205. Lines of credit. Sec. 3206. Alternative prudential lending standards for small projects. Sec. 3207. Program administration. Sec. 3208. State and local permits. Sec. 3209. Regulations. Sec. 3210. Funding. Sec. 3211. Reports to Congress. Subtitle C--Wi-Fi on School Buses Sec. 3301. E-rate support for school bus Wi-Fi. TITLE IV--COMMUNITY BROADBAND Sec. 4001. State, local, public-private partnership, and co-op broadband services. TITLE V--BROADBAND INFRASTRUCTURE DEPLOYMENT Sec. 5001. Broadband infrastructure deployment. SEC. 2. DEFINITIONS. In this Act: (1) Aging individual.--The term ``aging individual'' has the meaning given the term ``older individual'' in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002). (2) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Appropriations of the Senate; (B) the Committee on Commerce, Science, and Transportation of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Energy and Commerce of the House of Representatives. (3) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary of Commerce for Communications and Information. (4) Commission.--The term ``Commission'' means the Federal Communications Commission. (5) Covered household.--The term ``covered household'' means a household the income of which does not exceed 150 percent of the poverty threshold, as determined by using criteria of poverty established by the Bureau of the Census, for a household of the size involved. (6) Covered populations.--The term ``covered populations'' means-- (A) individuals who are members of covered households; (B) aging individuals; (C) incarcerated individuals, other than individuals who are incarcerated in a Federal correctional facility (including a private facility operated under contract with the Federal Government); (D) veterans; (E) individuals with disabilities; (F) individuals with a language barrier, including individuals who-- (i) are English learners; or (ii) have low levels of literacy; (G) individuals who are members of a racial or ethnic minority group; and (H) individuals who primarily reside in a rural area. (7) Digital literacy.--The term ``digital literacy'' means the skills associated with using technology to enable users to find, evaluate, organize, create, and communicate information. (8) 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). (9) Federal agency.--The term ``Federal agency'' has the meaning given the term ``agency'' in section 551 of title 5, United States Code. (10) Indian tribe.--The term ``Indian Tribe'' has the meaning given such term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304(e)). (11) Institution of higher education.--The term ``institution of higher education''-- (A) has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); and (B) includes a postsecondary vocational institution. (12) Postsecondary vocational institution.--The term ``postsecondary vocational institution'' has the meaning given the term in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c)). (13) Rural area.--The term ``rural area'' has the meaning given the term in section 13 of the Rural Electrification Act of 1936 (7 U.S.C. 913). (14) State.--The term ``State'' has the meaning given the term in section 3 of the Communications Act of 1934 (47 U.S.C. 153). (15) Veteran.--The term ``veteran'' has the meaning given the term in section 101 of title 38, United States Code. SEC. 3. SENSE OF CONGRESS. (a) In General.--It is the sense of Congress that-- (1) a broadband service connection and digital literacy are increasingly critical to how individuals-- (A) participate in the society, economy, and civic institutions of the United States; and (B) access health care and essential services, obtain education, and build careers; (2) digital exclusion-- (A) carries a high societal and economic cost; (B) materially harms the opportunity of an individual with respect to the economic success, educational achievement, positive health outcomes, social inclusion, and civic engagement of that individual; (C) materially harms the opportunity of areas where it is especially widespread with respect to economic success, educational achievement, positive health outcomes, social cohesion, and civic institutions; and (D) exacerbates existing wealth and income gaps, especially those experienced by covered populations and between regions; (3) achieving accessible and affordable access to broadband service, as well as digital literacy, for all people of the United States requires additional and sustained research efforts and investment; (4) the Federal Government, as well as State, Tribal, and local governments, have made social, legal, and economic obligations that necessarily extend to how the citizens and residents of those governments access and use the internet; and (5) achieving accessible and affordable access to broadband service is a matter of social and economic justice and is worth pursuing. (b) Broadband Service Defined.--In this section, the term ``broadband service'' has the meaning given the term ``broadband internet access service'' in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation. SEC. 4. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be invalid, the remainder of this Act and the amendments made by this Act, and the application of such provision or amendment to any other person or circumstance, shall not be affected thereby. TITLE I--DIGITAL EQUITY SEC. 1000. DEFINITIONS. In this title: (1) Adoption of broadband service.--The term ``adoption of broadband service'' means the process by which an individual obtains daily access to broadband service-- (A) with a download speed of at least 25 megabits per second, an upload speed of at least 3 megabits per second, and a latency that is sufficiently low to allow real-time, interactive applications; (B) with the digital skills that are necessary for the individual to participate online; and (C) on a-- (i) personal device; and (ii) secure and convenient network. (2) Anchor institution.--The term ``anchor institution'' means a public or private school, a library, a medical or healthcare provider, a museum, a public safety entity, a public housing agency, a community college, an institution of higher education, a religious organization, or any other community support organization or agency. (3) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary, acting through the Office. (4) Broadband service.--The term ``broadband service'' has the meaning given the term ``broadband internet access service'' in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation. (5) Covered programs.--The term ``covered programs'' means the State Digital Equity Capacity Grant Program established under section 1201 and the Digital Equity Competitive Grant Program established under section 1202. (6) Digital equity.--The term ``digital equity'' means the condition in which individuals and communities have the information technology capacity that is needed for full participation in the society and economy of the United States. (7) Digital inclusion activities.--The term ``digital inclusion activities''-- (A) means the activities that are necessary to ensure that all individuals in the United States have access to, and the use of, affordable information and communication technologies, such as-- (i) reliable broadband service; (ii) internet-enabled devices that meet the needs of the user; and (iii) applications and online content designed to enable and encourage self- sufficiency, participation, and collaboration; and (B) includes-- (i) the provision of digital literacy training; (ii) the provision of quality technical support; and (iii) promoting basic awareness of measures to ensure online privacy and cybersecurity. (8) Eligible state.--The term ``eligible State'' means-- (A) with respect to planning grants made available under section 1201(c)(3), a State with respect to which the Assistant Secretary has approved an application submitted to the Assistant Secretary under subparagraph (C) of such section; and (B) with respect to capacity grants awarded under section 1201(d), a State with respect to which the Assistant Secretary has approved an application submitted to the Assistant Secretary under paragraph (2) of such section. (9) Federal broadband support program.--The term ``Federal broadband support program'' has the meaning given such term in section 903 of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116-260). (10) Gender identity.--The term ``gender identity'' has the meaning given the term in section 249(c) of title 18, United States Code. (11) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 8101(30) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(30)). (12) Medicaid enrollee.--The term ``Medicaid enrollee'' means, with respect to a State, an individual enrolled in the State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or a waiver of that plan. (13) National lifeline eligibility verifier.--The term ``National Lifeline Eligibility Verifier'' has the meaning given such term in section 54.400 of title 47, Code of Federal Regulations (or any successor regulation). (14) Native hawaiian organization.--The term ``Native Hawaiian organization'' means any organization-- (A) that serves the interests of Native Hawaiians; (B) in which Native Hawaiians serve in substantive and policymaking positions; (C) that has as a primary and stated purpose the provision of services to Native Hawaiians; and (D) that is recognized for having expertise in Native Hawaiian affairs, digital connectivity, or access to broadband service. (15) Office.--The term ``Office'' means the Office of Internet Connectivity and Growth within the National Telecommunications and Information Administration. (16) Public housing agency.--The term ``public housing agency'' has the meaning given the term in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). (17) SNAP participant.--The term ``SNAP participant'' means an individual who is a member of a household that participates in the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). (18) Socially and economically disadvantaged small business concern.--The term ``socially and economically disadvantaged small business concern'' has the meaning given the term in section 8(a)(4) of the Small Business Act (15 U.S.C. 637(a)(4)). (19) Tribally designated entity.--The term ``tribally designated entity'' means an entity designated by an Indian Tribe to carry out activities under this title. (20) Universal service fund program.--The term ``Universal Service Fund Program'' has the meaning given such term in section 903 of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116-260). (21) Workforce development program.--The term ``workforce development program'' has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). Subtitle A--Office of Internet Connectivity and Growth SEC. 1101. ANNUAL REPORT OF OFFICE. Section 903(c)(2)(C) of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116-260) is amended by adding at the end the following: ``(iv) A description of any non-economic benefits of such broadband deployment efforts, including any effect on civic engagement. ``(v) The extent to which residents of the United States that received broadband as a result of Federal broadband support programs and the Universal Service Fund Programs received broadband at the download and upload speeds required by such programs.''. SEC. 1102. STUDY AND REPORT ON AFFORDABILITY OF ADOPTION OF BROADBAND SERVICE. Section 903 of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116-260) is amended-- (1) by redesignating subsections (g) and (h) as subsections (i) and (j), respectively; and (2) by inserting after subsection (f) the following: ``(g) Study and Report on Affordability of Adoption of Broadband Service.-- ``(1) Study.--The Office, in consultation with the Commission, the Department of Agriculture, the Department of the Treasury, and such other Federal agencies as the Office considers appropriate, shall, not later than 1 year after the date of the enactment of this subsection, and biennially thereafter, conduct a study that examines the following: ``(A) The number of households for which cost is a barrier to the adoption of broadband service, the financial circumstances of such households, and whether such households are eligible for the emergency broadband benefit under section 904 of division N. ``(B) The extent to which the cost of adoption of broadband service is a financial burden to households that have adopted broadband service, the financial circumstances of such financially burdened households, and whether such households are receiving the emergency broadband benefit under section 904 of division N. ``(C) The appropriate standard to determine whether adoption of broadband service is affordable for households, given the financial circumstances of such households. ``(D) The feasibility of providing additional Federal subsidies, including expanding the eligibility for or increasing the amount of the emergency broadband benefit under section 904 of division N, to households to cover the difference between the cost of adoption of broadband service (determined before applying such additional Federal subsidies) and the price at which adoption of broadband service would be affordable. ``(E) How a program to provide additional Federal subsidies as described in subparagraph (D) should be administered to most effectively facilitate adoption of broadband service at the lowest overall expense to the Federal Government, including measures that would ensure that the availability of the subsidies does not result in providers raising the price of broadband service for households receiving subsidies. ``(F) How participation in the Lifeline program of the Commission has changed in the 5 years prior to the date of the enactment of this Act, including-- ``(i) geographic information at the census- block level depicting the scale of change in participation in each area; and ``(ii) information on changes in participation by specific types of Lifeline- supported services, including fixed voice telephony service, mobile voice telephony service, fixed broadband service, and mobile broadband service and, in the case of any Lifeline-supported services provided as part of a bundle of services to which a Lifeline discount is applied, which Lifeline-supported services are part of such bundle and whether or not each Lifeline-supported service in such bundle meets Lifeline minimum service standards. ``(G) How competition impacts the price of broadband service, including the impact of monopolistic business practices by broadband service providers. ``(H) The extent to which, if at all, the Universal Service Fund high-cost programs have enabled access to reasonably comparable telephony and broadband services at reasonably comparable rates in high-cost rural areas as required by the Communications Act of 1934 (47 U.S.C. 151 et seq.), including a comparison of the rates charged by recipients of support under such programs in rural areas and rates charged in urban areas, as determined by the Commission's annual survey. ``(2) Report.--Not later than 1 year after the date of the enactment of this subsection, and biennially thereafter, the Office shall submit to Congress a report on the results of the study conducted under paragraph (1). ``(3) Definitions.--In this subsection: ``(A) Cost.--The term `cost' means, with respect to adoption of broadband service, the cost of adoption of broadband service to a household after applying any subsidies that reduce such cost. ``(B) Other definitions.--The terms `adoption of broadband service' and `broadband service' have the meanings given such terms in section 1000 of the Accessible, Affordable Internet for All Act.''. SEC. 1103. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Assistant Secretary $26,000,000 for each of the fiscal years 2022 through 2026 for the operations of the Office. SEC. 1104. STUDY AND RECOMMENDATIONS TO CONNECT SOCIALLY DISADVANTAGED INDIVIDUALS. Section 903 of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116-260), as amended by section 1102, is further amended by inserting before subsection (i) (as redesignated by such section) the following: ``(h) Study and Recommendations To Connect Socially Disadvantaged Individuals.-- ``(1) In general.--Not later than 12 months after the date of the enactment of this subsection, the Office, in consultation with the Commission and the Rural Utilities Service of the Department of Agriculture, shall, after public notice and an opportunity for comment, conduct a study to assess the extent to which Federal funds for broadband service, including the Universal Service Fund Programs and other Federal broadband support programs, have expanded access to and adoption of broadband service by socially disadvantaged individuals as compared to individuals who are not socially disadvantaged individuals. ``(2) Report and publication.-- ``(A) Submission.--Not later than 18 months after the date of the enactment of this subsection, the Office shall submit a report on the results of the study under paragraph (1) to-- ``(i) the Committee on Energy and Commerce of the House of Representatives; ``(ii) the Committee on Commerce, Science, and Transportation of the Senate; and ``(iii) each agency administering a program evaluated by such report. ``(B) Public publication.--Contemporaneously with submitting the report required by subparagraph (A), the Office shall publish such report on the public-facing website of the Office. ``(C) Recommendations.--The report required by subparagraph (A) shall include recommendations with regard to how Federal funds for the Universal Service Fund Programs and Federal broadband support programs may be dispersed in an a manner that better expands access to and adoption of broadband service by socially disadvantaged individuals as compared to individuals who are not socially disadvantaged individuals. ``(3) Definitions.--In this subsection: ``(A) Socially disadvantaged individual.--The term `socially disadvantaged individual' has the meaning given that term in section 8 of the Small Business Act (15 U.S.C. 637). ``(B) Other definitions.--The terms `adoption of broadband service' and `broadband service' have the meanings given such terms in section 1000 of the Accessible, Affordable Internet for All Act.''. Subtitle B--Digital Equity Programs SEC. 1201. STATE DIGITAL EQUITY CAPACITY GRANT PROGRAM. (a) Establishment; Purpose.-- (1) In general.--The Assistant Secretary shall establish in the Office the State Digital Equity Capacity Grant Program (referred to in this section as the ``Program'')-- (A) the purpose of which is to promote the achievement of digital equity, support digital inclusion activities, and build capacity for efforts by States relating to the adoption of broadband service by residents of those States; (B) through which the Assistant Secretary shall make grants to States in accordance with the requirements of this section; and (C) which shall ensure that States have the capacity to promote the achievement of digital equity and support digital inclusion activities. (2) Consultation with other federal agencies; no conflict.--In establishing the Program under paragraph (1), the Assistant Secretary shall-- (A) consult with-- (i) the Secretary of Agriculture; (ii) the Secretary of Housing and Urban Development; (iii) the Secretary of Education; (iv) the Secretary of Labor; (v) the Secretary of Health and Human Services; (vi) the Secretary of Veterans Affairs; (vii) the Secretary of the Interior; (viii) the Assistant Secretary for Indian Affairs of the Department of the Interior; (ix) the Commission; (x) the Federal Trade Commission; (xi) the Director of the Institute of Museum and Library Services; (xii) the Administrator of the Small Business Administration; (xiii) the Federal Cochairman of the Appalachian Regional Commission; and (xiv) the head of any other Federal agency that the Assistant Secretary determines to be appropriate; and (B) ensure that the Program complements and enhances, and does not conflict with, other Federal broadband support programs and Universal Service Fund Programs. (3) Tribal and native hawaiian consultation and engagement.--In establishing the Program under paragraph (1), the Assistant Secretary shall conduct robust, interactive, pre- decisional, transparent consultation with Indian Tribes and Native Hawaiian organizations. (b) Administering Entity.-- (1) Selection; function.--The governor (or equivalent official) of a State that wishes to be awarded a grant under this section shall, from among entities that are eligible under paragraph (2), select an administering entity for that State, which shall-- (A) serve as the recipient of, and administering agent for, any grant awarded to the State under this section; (B) develop, implement, and oversee the State Digital Equity Plan for the State described in subsection (c); (C) make subgrants to any of the entities described in clauses (i) through (xi) of subsection (c)(1)(D) that is located in the State in support of-- (i) the State Digital Equity Plan for the State; and (ii) digital inclusion activities in the State generally; and (D) serve as-- (i) an advocate for digital equity policies and digital inclusion activities; and (ii) a repository of best practice materials regarding the policies and activities described in clause (i). (2) Eligible entities.--Any of the following entities may serve as the administering entity for a State for the purposes of this section if the entity has demonstrated a capacity to administer the Program on a statewide level: (A) The State. (B) A political subdivision, agency, or instrumentality of the State. (C) An Indian Tribe located in the State, a tribally designated entity located in the State, or a Native Hawaiian organization located in the State. (c) State Digital Equity Plan.-- (1) Development; contents.--A State that wishes to be awarded a grant under subsection (d) shall develop a State Digital Equity Plan for the State, which shall include-- (A) an identification of the barriers to digital equity faced by covered populations in the State; (B) measurable objectives for documenting and promoting, among each group described in subparagraphs (A) through (H) of section 2(6) located in that State-- (i) the availability of, and affordability of access to, broadband service and technology needed for the use of broadband service; (ii) public awareness of such availability and affordability and of subsidies available to increase such affordability (including subsidies available through the Lifeline program of the Commission), including objectives to-- (I) inform Medicaid enrollees and SNAP participants, and organizations that serve Medicaid enrollees and SNAP participants, of potential eligibility for the Lifeline program; and (II) provide Medicaid enrollees and SNAP participants with information about the Lifeline program, including-- (aa) how to apply for the Lifeline program; and (bb) a description of the prohibition on more than one subscriber in each household receiving a service provided under the Lifeline program; (iii) the online accessibility and inclusivity of public resources and services; (iv) digital literacy; (v) awareness of, and the use of, measures to secure the online privacy of, and cybersecurity with respect to, an individual; and (vi) the availability and affordability of consumer devices and technical support for those devices; (C) an assessment of how the objectives described in subparagraph (B) will impact and interact with the State's-- (i) economic and workforce development goals, plans, and outcomes; (ii) educational outcomes; (iii) health outcomes; (iv) civic and social engagement; and (v) delivery of other essential services; (D) in order to achieve the objectives described in subparagraph (B), a description of how the State plans to collaborate with key stakeholders in the State, which may include-- (i) anchor institutions; (ii) county and municipal governments; (iii) local educational agencies; (iv) where applicable, Indian Tribes, tribally designated entities, or Native Hawaiian organizations; (v) nonprofit organizations; (vi) organizations that represent-- (I) individuals with disabilities, including organizations that represent children with disabilities; (II) aging individuals; (III) individuals with a language barrier, including individuals who-- (aa) are English learners; or (bb) have low levels of literacy; (IV) veterans; (V) individuals residing in rural areas; and (VI) incarcerated individuals in that State, other than individuals who are incarcerated in a Federal correctional facility (including a private facility operated under contract with the Federal Government); (vii) civil rights organizations; (viii) entities that carry out workforce development programs; (ix) agencies of the State that are responsible for administering or supervising adult education and literacy activities in the State; (x) public housing agencies whose jurisdictions are located in the State; and (xi) a consortium of any of the entities described in clauses (i) through (x); and (E) a list of organizations with which the administering entity for the State collaborated in developing and implementing the Plan. (2) Public availability.-- (A) In general.--The administering entity for a State shall make the State Digital Equity Plan of the State available for public comment for a period of not less than 30 days before the date on which the State submits an application to the Assistant Secretary under subsection (d)(2). (B) Consideration of comments received.--The administering entity for a State shall, with respect to an application submitted to the Assistant Secretary under subsection (d)(2)-- (i) before submitting the application-- (I) consider all comments received during the comment period described in subparagraph (A) with respect to the application (referred to in this subparagraph as the ``comment period''); and (II) make any changes to the plan that the administering entity determines to be appropriate; and (ii) when submitting the application-- (I) describe any changes pursued by the administering entity in response to comments received during the comment period; and (II) include a written response to each comment received during the comment period. (3) Planning grants.-- (A) In general.--Beginning in the first fiscal year that begins after the date of the enactment of this Act, the Assistant Secretary shall, in accordance with the requirements of this paragraph, award planning grants to States for the purpose of developing the State Digital Equity Plans of those States under this subsection. (B) Eligibility.--In order to be awarded a planning grant under this paragraph, a State-- (i) shall submit to the Assistant Secretary an application under subparagraph (C); and (ii) may not have been awarded, at any time, a planning grant under this paragraph. (C) Application.--A State that wishes to be awarded a planning grant under this paragraph shall, not later than 60 days after the date on which the notice of funding availability with respect to the grant is released, submit to the Assistant Secretary an application, in a format to be determined by the Assistant Secretary, that contains the following materials: (i) A description of the entity selected to serve as the administering entity for the State, as described in subsection (b). (ii) A certification from the State that, not later than 1 year after the date on which the Assistant Secretary awards the planning grant to the State, the administering entity for that State will submit to the Assistant Secretary a State Digital Equity Plan developed under this subsection, which will comply with the requirements of this subsection, including the requirements of paragraph (2). (iii) The assurances required under subsection (e). (D) Awards.-- (i) Amount of grant.--The amount of a planning grant awarded to an eligible State under this paragraph shall be determined according to the formula under subsection (d)(3)(A)(i). (ii) Duration.-- (I) In general.--Except as provided in subclause (II), with respect to a planning grant awarded to an eligible State under this paragraph, the State shall expend the grant funds during the 1-year period beginning on the date on which the State is awarded the grant funds. (II) Exception.--The Assistant Secretary may grant an extension of not longer than 180 days with respect to the requirement under subclause (I). (iii) Challenge mechanism.--The Assistant Secretary shall ensure that any eligible State to which a planning grant is awarded under this paragraph may appeal or otherwise challenge in a timely fashion the amount of the grant awarded to the State, as determined under clause (i). (E) Use of funds.--An eligible State to which a planning grant is awarded under this paragraph shall, through the administering entity for that State, use the grant funds only for the following purposes: (i) To develop the State Digital Equity Plan of the State under this subsection. (ii)(I) Subject to subclause (II), to make subgrants to any of the entities described in clauses (i) through (xi) of paragraph (1)(D) to assist in the development of the State Digital Equity Plan of the State under this subsection. (II) If the administering entity for a State makes a subgrant described in subclause (I), the administering entity shall, with respect to the subgrant, provide to the State the assurances required under subsection (e). (d) State Capacity Grants.-- (1) In general.--Beginning not later than 2 years after the date on which the Assistant Secretary begins awarding planning grants under subsection (c)(3), the Assistant Secretary shall each year award grants to eligible States to support-- (A) the implementation of the State Digital Equity Plans of those States; and (B) digital inclusion activities in those States. (2) Application.--A State that wishes to be awarded a grant under this subsection shall, not later than 60 days after the date on which the notice of funding availability with respect to the grant is released, submit to the Assistant Secretary an application, in a format to be determined by the Assistant Secretary, that contains the following materials: (A) A description of the entity selected to serve as the administering entity for the State, as described in subsection (b). (B) The State Digital Equity Plan of that State, as described in subsection (c). (C) A certification that the State, acting through the administering entity for the State, shall-- (i) implement the State Digital Equity Plan of the State; and (ii) make grants in a manner that is consistent with the aims of the Plan described in clause (i). (D) The assurances required under subsection (e). (E) In the case of a State to which the Assistant Secretary has previously awarded a grant under this subsection, any amendments to the State Digital Equity Plan of that State, as compared with the State Digital Equity Plan of the State previously submitted. (3) Awards.-- (A) Amount of grant.-- (i) Formula.--Subject to clauses (ii), (iii), and (iv), the Assistant Secretary shall calculate the amount of a grant awarded to an eligible State under this subsection in accordance with the following criteria, using the best available data for all States for the fiscal year in which the grant is awarded: (I) 50 percent of the total grant amount shall be based on the population of the eligible State in proportion to the total population of all eligible States. (II) 25 percent of the total grant amount shall be based on the number of individuals in the eligible State who are members of covered populations in proportion to the total number of individuals in all eligible States who are members of covered populations. (III) 25 percent of the total grant amount shall be based on the lack of availability of broadband service and lack of adoption of broadband service in the eligible State in proportion to the lack of availability of broadband service and lack of adoption of broadband service in all eligible States, which shall be determined according to data collected-- (aa) from the annual inquiry of the Commission conducted under section 706(b) of the Telecommunications Act of 1996 (47 U.S.C. 1302(b)); (bb) from the American Community Survey or, if necessary, other data collected by the Bureau of the Census; (cc) from the Internet and Computer Use Supplement to the Current Population Survey of the Bureau of the Census; (dd) by the Commission pursuant to the rules issued under section 802 of the Communications Act of 1934 (47 U.S.C. 642); and (ee) from any other source that the Assistant Secretary, after appropriate notice and opportunity for public comment, determines to be appropriate. (ii) Minimum award.--The amount of a grant awarded to an eligible State under this subsection in a fiscal year shall be not less than 0.5 percent of the total amount made available to award grants to eligible States for that fiscal year. (iii) Additional amounts.--If, after awarding planning grants to States under subsection (c)(3) and capacity grants to eligible States under this subsection in a fiscal year, there are amounts remaining to carry out this section, the Assistant Secretary shall distribute those amounts-- (I) to eligible States to which the Assistant Secretary has awarded grants under this subsection for that fiscal year; and (II) in accordance with the formula described in clause (i). (iv) Data unavailable.--If, in a fiscal year, the Commonwealth of Puerto Rico (referred to in this clause as ``Puerto Rico'') is an eligible State and specific data for Puerto Rico is unavailable for a factor described in subclause (I), (II), or (III) of clause (i), the Assistant Secretary shall use the median data point with respect to that factor among all eligible States and assign it to Puerto Rico for the purposes of making any calculation under that clause for that fiscal year. (B) Duration.--With respect to a grant awarded to an eligible State under this subsection, the eligible State shall expend the grant funds during the 5-year period beginning on the date on which the eligible State is awarded the grant funds. (C) Challenge mechanism.--The Assistant Secretary shall ensure that any eligible State to which a grant is awarded under this subsection may appeal or otherwise challenge in a timely fashion the amount of the grant awarded to the State, as determined under subparagraph (A). (D) Use of funds.--The administering entity for an eligible State to which a grant is awarded under this subsection shall use the grant amounts for the following purposes: (i)(I) Subject to subclause (II), to update or maintain the State Digital Equity Plan of the State. (II) An administering entity for an eligible State to which a grant is awarded under this subsection may use not more than 20 percent of the amount of the grant for the purpose described in subclause (I). (ii) To implement the State Digital Equity Plan of the State. (iii)(I) Subject to subclause (II), to award a grant to any entity that is described in section 1202(b) and is located in the eligible State in order to-- (aa) assist in the implementation of the State Digital Equity Plan of the State; (bb) pursue digital inclusion activities in the State consistent with the State Digital Equity Plan of the State; and (cc) report to the State regarding the digital inclusion activities of the entity. (II) Before an administering entity for an eligible State may award a grant under subclause (I), the administering entity shall require the entity to which the grant is awarded to certify that-- (aa) the entity shall carry out the activities required under items (aa), (bb), and (cc) of that subclause; (bb) the receipt of the grant shall not result in unjust enrichment of the entity; and (cc) the entity shall cooperate with any evaluation-- (AA) of any program that relates to a grant awarded to the entity; and (BB) that is carried out by or for the administering entity, the Assistant Secretary, or another Federal official. (iv)(I) Subject to subclause (II), to evaluate the efficacy of the efforts funded by grants made under clause (iii). (II) An administering entity for an eligible State to which a grant is awarded under this subsection may use not more than 5 percent of the amount of the grant for a purpose described in subclause (I). (v)(I) Subject to subclause (II), for the administrative costs incurred in carrying out the activities described in clauses (i) through (iv). (II) An administering entity for an eligible State to which a grant is awarded under this subsection may use not more than 3 percent of the amount of the grant for the purpose described in subclause (I). (e) Assurances.--When applying for a grant under this section, a State shall include in the application for that grant assurances that-- (1) if any of the entities described in clauses (i) through (xi) of subsection (c)(1)(D) or section 1202(b) is awarded grant funds under this section (referred to in this subsection as a ``covered recipient''), provide that-- (A) the covered recipient shall use the grant funds in accordance with any applicable statute, regulation, or application procedure; (B) the administering entity for that State shall adopt and use proper methods of administering any grant that the covered recipient is awarded, including by-- (i) enforcing any obligation imposed under law on any agency, institution, organization, or other entity that is responsible for carrying out the program to which the grant relates; (ii) correcting any deficiency in the operation of a program to which the grant relates, as identified through an audit or another monitoring or evaluation procedure; and (iii) adopting written procedures for the receipt and resolution of complaints alleging a violation of law with respect to a program to which the grant relates; and (C) the administering entity for that State shall cooperate in carrying out any evaluation-- (i) of any program that relates to a grant awarded to the covered recipient; and (ii) that is carried out by or for the Assistant Secretary or another Federal official; (2) the administering entity for that State shall-- (A) use fiscal control and fund accounting procedures that ensure the proper disbursement of, and accounting for, any Federal funds that the State is awarded under this section; (B) submit to the Assistant Secretary any reports that may be necessary to enable the Assistant Secretary to perform the duties of the Assistant Secretary under this section; (C) maintain any records and provide any information to the Assistant Secretary, including those records, that the Assistant Secretary determines is necessary to enable the Assistant Secretary to perform the duties of the Assistant Secretary under this section; and (D) with respect to any significant proposed change or amendment to the State Digital Equity Plan for the State, make the change or amendment available for public comment in accordance with subsection (c)(2); and (3) the State, before submitting to the Assistant Secretary the State Digital Equity Plan of the State, has complied with the requirements of subsection (c)(2). (f) Termination of Grant.-- (1) In general.--In addition to other authority under applicable law, the Assistant Secretary shall terminate a grant awarded to an eligible State under this section if, after notice to the State and opportunity for a hearing, the Assistant Secretary determines, and presents to the State a rationale and supporting information that clearly demonstrates, that-- (A) the grant funds are not contributing to the development or implementation of the State Digital Equity Plan of the State, as applicable; (B) the State is not upholding assurances made by the State to the Assistant Secretary under subsection (e); or (C) the grant is no longer necessary to achieve the original purpose for which the Assistant Secretary awarded the grant. (2) Redistribution.--If the Assistant Secretary, in a fiscal year, terminates a grant under paragraph (1) or under other authority under applicable law, the Assistant Secretary shall redistribute the unspent grant amounts-- (A) to eligible States to which the Assistant Secretary has awarded grants under subsection (d) for that fiscal year; and (B) in accordance with the formula described in subsection (d)(3)(A)(i). (g) Reporting and Information Requirements; Internet Disclosure.-- The Assistant Secretary-- (1) shall-- (A) require any entity to which a grant, including a subgrant, is awarded under this section to publicly report, for each year during the period described in subsection (c)(3)(D)(ii) or (d)(3)(B), as applicable, with respect to the grant, and in a format specified by the Assistant Secretary, on-- (i) the use of that grant by the entity; (ii) the progress of the entity towards fulfilling the objectives for which the grant was awarded; and (iii) the implementation of the State Digital Equity Plan of the State; (B) establish appropriate mechanisms to ensure that any entity to which a grant, including a subgrant, is awarded under this section-- (i) uses the grant amounts in an appropriate manner; and (ii) complies with all terms with respect to the use of the grant amounts; and (C) create and maintain a fully searchable database, which shall be accessible on the internet at no cost to the public, that contains, at a minimum-- (i) the application of each State that has applied for a grant under this section; (ii) the status of each application described in clause (i); (iii) each report submitted by an entity under subparagraph (A); (iv) a record of public comments received during the comment period described in subsection (c)(2)(A) regarding the State Digital Equity Plan of a State, as well as any written responses to or actions taken as a result of those comments; and (v) any other information that the Assistant Secretary considers appropriate to ensure that the public has sufficient information to understand and monitor grants awarded under this section; and (2) may establish additional reporting and information requirements for any recipient of a grant under this section. (h) Supplement, Not Supplant.--A grant or subgrant awarded under this section shall supplement, not supplant, other Federal or State funds that have been made available to carry out activities described in this section. (i) Set Asides.--From amounts made available in a fiscal year to carry out the Program, the Assistant Secretary shall reserve-- (1) not more than 5 percent for the implementation and administration of the Program, which shall include-- (A) providing technical support and assistance, including ensuring consistency in data reporting; (B) providing assistance to-- (i) States, or administering entities for States, to prepare the applications of those States; and (ii) administering entities with respect to grants awarded under this section; (C) developing the report required under section 1203(a); and (D) providing assistance specific to Indian Tribes, tribally designated entities, and Native Hawaiian organizations, including-- (i) conducting annual outreach to Indian Tribes and Native Hawaiian organizations on the availability of technical assistance for applying for or otherwise participating in the Program; (ii) providing technical assistance at the request of any Indian Tribe, tribally designated entity, or Native Hawaiian organization that is applying for or participating in the Program in order to facilitate the fulfillment of any applicable requirements in subsections (c) and (d); and (iii) providing additional technical assistance at the request of any Indian Tribe, tribally designated entity, or Native Hawaiian organization that is applying for or participating in the Program to improve the development or implementation of a Digital Equity plan, such as-- (I) assessing all Federal programs that are available to assist the Indian Tribe, tribally designated entity, or Native Hawaiian organization in meeting the goals of a Digital Equity plan; (II) identifying all applicable Federal, State, and Tribal statutory provisions, regulations, policies, and procedures that the Assistant Secretary determines are necessary to adhere to for the deployment of broadband service; (III) identifying obstacles to the deployment of broadband service under a Digital Equity plan, as well as potential solutions; or (IV) identifying activities that may be necessary to the success of a Digital Equity plan, including digital literacy training, technical support, privacy and cybersecurity expertise, and other end-user technology needs; and (2) not less than 5 percent to award grants directly to Indian Tribes, tribally designated entities, and Native Hawaiian organizations to allow those Tribes, entities, and organizations to carry out the activities described in this section. (j) Rules.--The Assistant Secretary may prescribe such rules as may be necessary to carry out this section. (k) Authorization of Appropriations.--There are authorized to be appropriated to the Assistant Secretary-- (1) for the award of grants under subsection (c)(3), $60,000,000 for fiscal year 2022, and such amount is authorized to remain available through fiscal year 2026; and (2) for the award of grants under subsection (d), $625,000,000 for fiscal year 2022, and such amount is authorized to remain available through fiscal year 2026. SEC. 1202. DIGITAL EQUITY COMPETITIVE GRANT PROGRAM. (a) Establishment.-- (1) In general.--Not later than 30 days after the date on which the Assistant Secretary begins awarding grants under section 1201(d), and not before that date, the Assistant Secretary shall establish in the Office the Digital Equity Competitive Grant Program (referred to in this section as the ``Program''), the purpose of which is to award grants to support efforts to achieve digital equity, promote digital inclusion activities, and spur greater adoption of broadband service among covered populations. (2) Consultation; no conflict.--In establishing the Program under paragraph (1), the Assistant Secretary-- (A) may consult a State with respect to-- (i) the identification of groups described in subparagraphs (A) through (H) of section 2(6) located in that State; and (ii) the allocation of grant funds within that State for projects in or affecting the State; and (B) shall-- (i) consult with-- (I) the Secretary of Agriculture; (II) the Secretary of Housing and Urban Development; (III) the Secretary of Education; (IV) the Secretary of Labor; (V) the Secretary of Health and Human Services; (VI) the Secretary of Veterans Affairs; (VII) the Secretary of the Interior; (VIII) the Assistant Secretary for Indian Affairs of the Department of the Interior; (IX) the Commission; (X) the Federal Trade Commission; (XI) the Director of the Institute of Museum and Library Services; (XII) the Administrator of the Small Business Administration; (XIII) the Federal Cochairman of the Appalachian Regional Commission; and (XIV) the head of any other Federal agency that the Assistant Secretary determines to be appropriate; and (ii) ensure that the Program complements and enhances, and does not conflict with, other Federal broadband support programs and Universal Service Fund Programs. (b) Eligibility.--The Assistant Secretary may award a grant under the Program to any of the following entities if the entity is not serving, and has not served, as the administering entity for a State under section 1201(b): (1) A political subdivision, agency, or instrumentality of a State, including an agency of a State that is responsible for administering or supervising adult education and literacy activities in the State. (2) An Indian Tribe, a tribally designated entity, or a Native Hawaiian organization. (3) An entity that is-- (A) a not-for-profit entity; and (B) not a school. (4) An anchor institution. (5) A local educational agency. (6) An entity that carries out a workforce development program. (7) A consortium of any of the entities described in paragraphs (1) through (6). (8) A consortium of-- (A) an entity described in any of paragraphs (1) through (6); and (B) an entity that-- (i) the Assistant Secretary, by rule, determines to be in the public interest; and (ii) is not a school. (c) Application.--An entity that wishes to be awarded a grant under the Program shall submit to the Assistant Secretary an application-- (1) at such time, in such form, and containing such information as the Assistant Secretary may require; and (2) that-- (A) provides a detailed explanation of how the entity will use any grant amounts awarded under the Program to carry out the purposes of the Program in an efficient and expeditious manner; (B) identifies the period in which the applicant will expend the grant funds awarded under the Program; (C) includes-- (i) a justification for the amount of the grant that the applicant is requesting; and (ii) for each fiscal year in which the applicant will expend the grant funds, a budget for the activities that the grant funds will support; (D) demonstrates to the satisfaction of the Assistant Secretary that the entity-- (i) is capable of carrying out the project or function to which the application relates and the activities described in subsection (h)-- (I) in a competent manner; and (II) in compliance with all applicable Federal, State, and local laws; and (ii) if the applicant is an entity described in subsection (b)(1), will appropriate or otherwise unconditionally obligate from non-Federal sources funds that are necessary to meet the requirements of subsection (e); (E) discloses to the Assistant Secretary the source and amount of other Federal, State, or outside funding sources from which the entity receives, or has applied for, funding for activities or projects to which the application relates; and (F) provides-- (i) the assurances that are required under subsection (f); and (ii) an assurance that the entity shall follow such additional procedures as the Assistant Secretary may require to ensure that grant funds are used and accounted for in an appropriate manner. (d) Award of Grants.-- (1) Factors considered in award of grants.--In deciding whether to award a grant under the Program, the Assistant Secretary shall, to the extent practicable, consider-- (A) whether-- (i) an application will, if approved-- (I) increase access to broadband service and the adoption of broadband service among covered populations to be served by the applicant; and (II) not result in unjust enrichment; and (ii) the applicant is, or plans to subcontract with, a socially and economically disadvantaged small business concern; (B) the comparative geographic diversity of the application in relation to other eligible applications; and (C) the extent to which an application may duplicate or conflict with another program. (2) Use of funds.-- (A) In general.--In addition to the activities required under subparagraph (B), an entity to which the Assistant Secretary awards a grant under the Program shall use the grant amounts to support not less than one of the following activities: (i) To develop and implement digital inclusion activities that benefit covered populations. (ii) To facilitate the adoption of broadband service by covered populations, including by raising awareness of subsidies available to increase affordability of such service (including subsidies available through the Commission), in order to provide educational and employment opportunities to those populations. (iii) To implement, consistent with the purposes of this subtitle-- (I) training programs for covered populations that cover basic, advanced, and applied skills; or (II) other workforce development programs. (iv) To make available equipment, instrumentation, networking capability, hardware and software, or digital network technology for broadband service to covered populations at low or no cost. (v) To construct, upgrade, expend, or operate new or existing public access computing centers for covered populations through anchor institutions. (vi) To undertake any other project or activity that the Assistant Secretary finds to be consistent with the purposes for which the Program is established. (B) Evaluation.-- (i) In general.--An entity to which the Assistant Secretary awards a grant under the Program shall use not more than 10 percent of the grant amounts to measure and evaluate the activities supported with the grant amounts. (ii) Submission to assistant secretary.--An entity to which the Assistant Secretary awards a grant under the Program shall submit to the Assistant Secretary each measurement and evaluation performed under clause (i)-- (I) in a manner specified by the Assistant Secretary; (II) not later than 15 months after the date on which the entity is awarded the grant amounts; and (III) annually after the submission described in subclause (II) for any year in which the entity expends grant amounts. (C) Administrative costs.--An entity to which the Assistant Secretary awards a grant under the Program may use not more than 10 percent of the amount of the grant for administrative costs in carrying out any of the activities described in subparagraph (A). (D) Time limitations.--With respect to a grant awarded to an entity under the Program, the entity-- (i) except as provided in clause (ii), shall expend the grant amounts during the 4- year period beginning on the date on which the entity is awarded the grant amounts; and (ii) during the 1-year period beginning on the date that is 4 years after the date on which the entity is awarded the grant amounts, may continue to measure and evaluate the activities supported with the grant amounts, as required under subparagraph (B). (E) Contracting requirements.--All laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work carried out, in whole or in part, with a grant under the Program shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards in this subparagraph, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (F) Neutrality requirement.--An employer to which the Assistant Secretary awards a grant under the Program shall remain neutral with respect to the exercise of employees and labor organizations of the right to organize and bargain under the National Labor Relations Act (29 U.S.C. 151 et seq.). (G) Referral of alleged violations of applicable federal labor and employment laws.--The Assistant Secretary shall refer any alleged violation of an applicable labor and employment law to the appropriate Federal agency for investigation and enforcement, any alleged violation of subparagraph (E) or (F) to the National Labor Relations Board for investigation and enforcement, utilizing all appropriate remedies up to and including debarment from the Program. (e) Federal Share.-- (1) In general.--Except as provided in paragraph (2), the Federal share of any project for which the Assistant Secretary awards a grant under the Program may not exceed 90 percent. (2) Exception.--The Assistant Secretary may grant a waiver with respect to the limitation on the Federal share of a project described in paragraph (1) if-- (A) the applicant with respect to the project petitions the Assistant Secretary for the waiver; and (B) the Assistant Secretary determines that the petition described in subparagraph (A) demonstrates financial need. (f) Assurances.--When applying for a grant under this section, an entity shall include in the application for that grant assurances that the entity will-- (1) use any grant funds that the entity is awarded in accordance with any applicable statute, regulation, or application procedure; (2) adopt and use proper methods of administering any grant that the entity is awarded, including by-- (A) enforcing any obligation imposed under law on any agency, institution, organization, or other entity that is responsible for carrying out a program to which the grant relates; (B) correcting any deficiency in the operation of a program to which the grant relates, as identified through an audit or another monitoring or evaluation procedure; and (C) adopting written procedures for the receipt and resolution of complaints alleging a violation of law with respect to a program to which the grant relates; (3) cooperate with respect to any evaluation-- (A) of any program that relates to a grant awarded to the entity; and (B) that is carried out by or for the Assistant Secretary or another Federal official; (4) use fiscal control and fund accounting procedures that ensure the proper disbursement of, and accounting for, any Federal funds that the entity is awarded under the Program; (5) submit to the Assistant Secretary any reports that may be necessary to enable the Assistant Secretary to perform the duties of the Assistant Secretary under the Program; and (6) maintain any records and provide any information to the Assistant Secretary, including those records, that the Assistant Secretary determines is necessary to enable the Assistant Secretary to perform the duties of the Assistant Secretary under the Program. (g) Termination of Grant.--In addition to other authority under applicable law, the Assistant Secretary shall-- (1) terminate a grant awarded to an entity under this section if, after notice to the entity and opportunity for a hearing, the Assistant Secretary determines, and presents to the entity a rationale and supporting information that clearly demonstrates, that-- (A) the grant funds are not being used in a manner that is consistent with the application with respect to the grant submitted by the entity under subsection (c); (B) the entity is not upholding assurances made by the entity to the Assistant Secretary under subsection (f); or (C) the grant is no longer necessary to achieve the original purpose for which the Assistant Secretary awarded the grant; and (2) with respect to any grant funds that the Assistant Secretary terminates under paragraph (1) or under other authority under applicable law, competitively award the grant funds to another applicant (if such an applicant exists), consistent with the requirements of this section. (h) Reporting and Information Requirements; Internet Disclosure.-- The Assistant Secretary-- (1) shall-- (A) require any entity to which the Assistant Secretary awards a grant under the Program to, for each year during the period described in clause (i) of subsection (d)(2)(D) with respect to the grant and during the period described in clause (ii) of such subsection with respect to the grant if the entity continues to measure and evaluate the activities supported with the grant amounts during such period, submit to the Assistant Secretary a report, in a format specified by the Assistant Secretary, regarding-- (i) the use by the entity of the grant amounts; and (ii) the progress of the entity towards fulfilling the objectives for which the grant was awarded; (B) establish mechanisms to ensure appropriate use of, and compliance with respect to all terms regarding, grant funds awarded under the Program; (C) create and maintain a fully searchable database, which shall be accessible on the internet at no cost to the public, that contains, at a minimum-- (i) a list of each entity that has applied for a grant under the Program; (ii) a description of each application described in clause (i), including the proposed purpose of each grant described in that clause; (iii) the status of each application described in clause (i), including whether the Assistant Secretary has awarded a grant with respect to the application and, if so, the amount of the grant; (iv) each report submitted by an entity under subparagraph (A); and (v) any other information that the Assistant Secretary considers appropriate to ensure that the public has sufficient information to understand and monitor grants awarded under the Program; and (D) ensure that any entity with respect to which an award is terminated under subsection (g) may, in a timely manner, appeal or otherwise challenge that termination; and (2) may establish additional reporting and information requirements for any recipient of a grant under the Program. (i) Supplement, Not Supplant.--A grant awarded to an entity under the Program shall supplement, not supplant, other Federal or State funds that have been made available to the entity to carry out activities described in this section. (j) Set Asides.--From amounts made available in a fiscal year to carry out the Program, the Assistant Secretary shall reserve-- (1) not more than 5 percent for the implementation and administration of the Program, which shall include-- (A) providing technical support and assistance, including ensuring consistency in data reporting; (B) providing assistance to entities to prepare the applications of those entities with respect to grants awarded under this section; (C) developing the report required under section 1203(a); and (D) conducting outreach to entities that may be eligible to be awarded a grant under the Program regarding opportunities to apply for such a grant; and (2) not less than 5 percent to award grants directly to Indian Tribes, tribally designated entities, and Native Hawaiian organizations to allow those Tribes, entities, and organizations to carry out the activities described in this section. (k) Rules.--The Assistant Secretary may prescribe such rules as may be necessary to carry out this section. (l) Authorization of Appropriations.--There are authorized to be appropriated to the Assistant Secretary $625,000,000 to carry out this section for fiscal year 2022, and such amount is authorized to remain available through fiscal year 2026. SEC. 1203. POLICY RESEARCH, DATA COLLECTION, ANALYSIS AND MODELING, EVALUATION, AND DISSEMINATION. (a) Reporting Requirements.-- (1) In general.--Not later than 1 year after the date on which the Assistant Secretary begins awarding grants under section 1201(d), and annually thereafter, the Assistant Secretary shall-- (A) submit to the appropriate committees of Congress a report that documents, for the year covered by the report-- (i) the findings of each evaluation conducted under subparagraph (B); (ii) a list of each grant awarded under each covered program, which shall include-- (I) the amount of each such grant; (II) the recipient of each such grant; and (III) the purpose for which each such grant was awarded; (iii) any termination or modification of a grant awarded under the covered programs, which shall include a description of the subsequent usage of any funds to which such an action applies; and (iv) each challenge made by an applicant for, or a recipient of, a grant under the covered programs and the outcome of each such challenge; and (B) conduct evaluations of the activities carried out under the covered programs, which shall include an evaluation of-- (i) whether eligible States to which grants are awarded under the program established under section 1201 are-- (I) abiding by the assurances made by those States under subsection (e) of that section; (II) meeting, or have met, the stated goals of the State Digital Equity Plans developed by the States under subsection (c) of that section; (III) satisfying the requirements imposed by the Assistant Secretary on those States under subsection (g) of that section; and (IV) in compliance with any other rules, requirements, or regulations promulgated by the Assistant Secretary in implementing that program; and (ii) whether entities to which grants are awarded under the program established under section 1202 are-- (I) abiding by the assurances made by those entities under subsection (f) of that section; (II) meeting, or have met, the stated goals of those entities with respect to the use of the grant amounts; (III) satisfying the requirements imposed by the Assistant Secretary on those entities under subsection (h) of that section; and (IV) in compliance with any other rules, requirements, or regulations promulgated by the Assistant Secretary in implementing that program. (2) Public availability.--The Assistant Secretary shall make each report submitted under paragraph (1)(A) publicly available in an online format that-- (A) facilitates access and ease of use; (B) is searchable; and (C) is accessible-- (i) to individuals with disabilities; and (ii) in languages other than English. (b) Authority To Contract and Enter Into Other Arrangements.--The Assistant Secretary may award grants and enter into contracts, cooperative agreements, and other arrangements with Federal agencies, public and private organizations, and other entities with expertise that the Assistant Secretary determines appropriate in order to-- (1) evaluate the impact and efficacy of activities supported by grants awarded under the covered programs; and (2) develop, catalog, disseminate, and promote the exchange of best practices, both with respect to and independent of the covered programs, in order to achieve digital equity. (c) Consultation and Public Engagement.--In carrying out subsection (a), and to further the objectives described in paragraphs (1) and (2) of subsection (b), the Assistant Secretary shall conduct ongoing collaboration and consult with-- (1) the Secretary of Agriculture; (2) the Secretary of Housing and Urban Development; (3) the Secretary of Education; (4) the Secretary of Labor; (5) the Secretary of Health and Human Services; (6) the Secretary of Veterans Affairs; (7) the Secretary of the Interior; (8) the Assistant Secretary for Indian Affairs of the Department of the Interior; (9) the Commission; (10) the Federal Trade Commission; (11) the Director of the Institute of Museum and Library Services; (12) the Administrator of the Small Business Administration; (13) the Federal Cochairman of the Appalachian Regional Commission; (14) State agencies and governors of States (or equivalent officials); (15) entities serving as administering entities for States under section 1201(b); (16) national, State, Tribal, and local organizations that conduct digital inclusion activities, promote digital equity, or provide digital literacy services; (17) researchers, academics, and philanthropic organizations; and (18) other agencies, organizations (including international organizations), entities (including entities with expertise in the fields of data collection, analysis and modeling, and evaluation), and community stakeholders, as determined appropriate by the Assistant Secretary. (d) Technical Support and Assistance.--The Assistant Secretary shall provide technical support and assistance to potential applicants for the covered programs and entities awarded grants under the covered programs, to ensure consistency in data reporting and to meet the objectives of this section. SEC. 1204. GENERAL PROVISIONS. (a) Nondiscrimination.-- (1) In general.--No individual in the United States may, on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, age, or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that is funded in whole or in part with funds made available under this subtitle. (2) Enforcement.--The Assistant Secretary shall effectuate paragraph (1) with respect to any program or activity described in that paragraph by issuing regulations and taking actions consistent with section 602 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1). (3) Judicial review.--Judicial review of an action taken by the Assistant Secretary under paragraph (2) shall be available to the extent provided in section 603 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2). (b) Technological Neutrality.--The Assistant Secretary shall, to the extent practicable, carry out this subtitle in a technologically neutral manner. (c) Audit and Oversight.--There are authorized to be appropriated to the Office of Inspector General of the Department of Commerce for audits and oversight of funds made available to carry out this subtitle, $1,000,000 for fiscal year 2022, and such amount is authorized to remain available through fiscal year 2026. TITLE II--BROADBAND AFFORDABILITY AND PRICING TRANSPARENCY Subtitle A--Broadband Affordability SEC. 2101. AUTHORIZATION FOR ADDITIONAL FUNDS FOR THE EMERGENCY BROADBAND CONNECTIVITY FUND. There are authorized to be appropriated to the Emergency Broadband Connectivity Fund established under subsection (i) of section 904 of title IX of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260) $6,000,000,0000 for fiscal year 2022 for the purposes described in paragraph (3) of such subsection, and such amount is authorized to remain available through fiscal year 2026. SEC. 2102. GRANTS TO STATES TO STRENGTHEN NATIONAL LIFELINE ELIGIBILITY VERIFIER. (a) In General.--Not later than 45 days after the date of the enactment of this Act, the Commission shall establish a program to provide a grant, from amounts appropriated under subsection (d), to each eligible entity for the purpose described under subsection (b). (b) Purpose.--The Commission shall make a grant to each eligible entity for the purpose of establishing or amending a connection between the databases of such entity that contain information concerning the receipt by a household, or a member of a household, of benefits under a program administered by such entity (including any benefit provided under the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.)) and the National Lifeline Eligibility Verifier so that the receipt by a household, or a member of a household, of benefits under such benefits program-- (1) is reflected in the National Lifeline Eligibility Verifier; and (2) can be used to verify eligibility for-- (A) the Lifeline program established under subpart E, part 54, of title 47, Code of Federal Regulations (or any successor regulation); and (B) the Emergency Broadband Benefit Program established under section 904(b) of title IX of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260). (c) Disbursement of Grant Funds.--Not later than 60 days after the program established under subsection (a) is established, funds provided under each grant made under such subsection shall be disbursed to the entity receiving such grant. (d) Authorization of Appropriations.--There are authorized to be appropriated $200,000,000 for fiscal year 2022 for the purposes of carrying out this section, and such amount is authorized to remain available through fiscal year 2026. (e) Eligible Entities.--In this section, the term ``eligible entity'' means an entity that-- (1) is a State or Tribal entity; and (2) not later than 30 days after the date of the enactment of this Act, submits to the Commission an application containing such information as the Commission may require. SEC. 2103. FEDERAL COORDINATION BETWEEN NATIONAL ELIGIBILITY VERIFIER AND NATIONAL ACCURACY CLEARINGHOUSE. Notwithstanding section 11(x)(2)(C)(i) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(x)(2)(C)(i)), not later than 180 days after the date of the enactment of this Act, the Commission shall, in coordination with the Secretary of Agriculture, establish an automated connection, to the maximum extent practicable, between the National Lifeline Eligibility Verifier and the National Accuracy Clearinghouse established under section 11(x) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(x)) for the supplemental nutrition assistance program. SEC. 2104. DEFINITIONS. In this subtitle: (1) Automated connection.--The term ``automated connection'' means a connection between two or more information systems where the manual input of information in one system leads to the automatic input of the same information into any other connected system. (2) National lifeline eligibility verifier.--The term ``National Lifeline Eligibility Verifier'' has the meaning given such term in section 54.400 of title 47, Code of Federal Regulations (or any successor regulation). (3) Tribal entity.--The term ``Tribal entity'' means any of the following: (A) The governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually recognized (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). (B) The Department of Hawaiian Home Lands. Subtitle B--Additional Authorization for Emergency Connectivity Fund SEC. 2201. ADDITIONAL AUTHORIZATION FOR EMERGENCY CONNECTIVITY FUND. There is authorized to be appropriated to the Emergency Connectivity Fund established under section 7402(c) of the American Rescue Plan Act of 2021 $2,000,000,000 for fiscal year 2022 for the purposes described in such section, and such amount is authorized to remain available through fiscal year 2026. Subtitle C--Pricing Transparency SEC. 2301. DEFINITIONS. In this subtitle: (1) Broadband internet access service.--The term ``broadband internet access service'' has the meaning given the term in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation. (2) Fixed wireless broadband.--The term ``fixed wireless broadband'' means broadband internet access service that serves end users primarily at fixed endpoints through stationary equipment connected by the use of radio, such as by the use of unlicensed spectrum. (3) Mobile broadband.--The term ``mobile broadband''-- (A) means broadband internet access service that serves end users primarily using mobile stations; (B) includes services that use smartphones or mobile network-enabled tablets as the primary endpoints for connection to the internet; and (C) includes mobile satellite broadband internet access services. (4) Provider.--The term ``provider'' means a provider of fixed or mobile broadband internet access service. (5) Satellite broadband.--The term ``satellite broadband'' means broadband internet access service that serves end users primarily at fixed endpoints through stationary equipment connected by the use of orbital satellites. (6) Terrestrial fixed broadband.--The term ``terrestrial fixed broadband'' means broadband internet access service that serves end users primarily at fixed endpoints through stationary equipment connected by wired technology such as cable, DSL, and fiber. SEC. 2302. BROADBAND TRANSPARENCY. (a) Rules.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Commission shall issue final rules that include a requirement for the annual collection by the Commission of data relating to the price and subscription rates of terrestrial fixed broadband, fixed wireless broadband, satellite broadband, and mobile broadband. (2) Updates.--Not later than 90 days after the date on which rules are issued under paragraph (1), and when determined to be necessary by the Commission thereafter, the Commission shall revise such rules to verify the accuracy of data submitted pursuant to such rules. (3) Redundancy avoidance.--Nothing in this section shall be construed to require the Commission, in order to meet a requirement of this section, to duplicate an activity that the Commission is undertaking as of the date of the enactment of this Act, if the Commission refers to such activity in the rules issued under paragraph (1), such activity meets the requirements of this section, and the Commission discloses such activity to the public. (b) Content of Rules.--The rules issued by the Commission under subsection (a)(1) shall require the Commission to collect from each provider of terrestrial fixed broadband, fixed wireless broadband, mobile broadband, or satellite broadband, data that includes-- (1) either the weighted average of the monthly prices charged to subscribed households within each census block for each distinct broadband internet access service plan or tier of standalone broadband internet access service, including mandatory equipment charges, usage-based fees, and fees for early termination of required contracts, or the monthly price charged to each subscribed household, including such charges and fees; (2) either the mean monthly price within the duration of subscription contracts offered within each census block for each distinct broadband internet access service plan or tier of standalone broadband internet access service, including mandatory equipment charges, usage-based fees, and fees for early termination of required contracts, or the mean monthly price within the duration of subscription contracts offered to each household, including such charges and fees; (3) either the subscription rate within each census block for each distinct broadband internet access service plan or tier of standalone broadband internet access service, or information regarding the subscription status of each household to which a subscription is offered; (4) data necessary to demonstrate the actual price paid by subscribers of broadband internet access service at each tier for such service in a manner that-- (A) takes into account any discounts (or similar price concessions); and (B) identifies any additional taxes and fees (including for the use of equipment related to the use of a subscription for such service), any monthly data usage limitation at the stated price, and the extent to which the price of the service reflects inclusion within a product bundle; and (5) data necessary to assess the resiliency of the broadband internet access service network in the event of a natural disaster or emergency. (c) Technical Assistance.--The Commission shall provide technical assistance to small providers (as defined by the Commission) of broadband internet access service, to ensure such providers can fulfill the requirements of this section. SEC. 2303. DISTRIBUTION OF DATA. (a) Availability of Data.--Subject to subsection (b), the Commission shall make all data relating to broadband internet access service collected under rules required by this subtitle available in a commonly used electronic format to-- (1) other Federal agencies, including the National Telecommunications and Information Administration, to assist that agency in conducting the study required by subsection (g) of section 903 of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116-260), as added by this Act; (2) a broadband office, public utility commission, broadband mapping program, or other broadband program of a State, in the case of data pertaining to the needs of that State; (3) a unit of local government, in the case of data pertaining to the needs of that locality; and (4) an individual or organization conducting research for noncommercial purposes or public interest purposes. (b) Protection of Data.-- (1) In general.--The Commission may not share any data described in subsection (a) with an entity or individual described in that subsection unless the Commission has determined that the receiving entity or individual has the capability and intent to protect any personally identifiable information contained in the data. (2) Determination of personally identifiable information.-- The Commission-- (A) shall define the term ``personally identifiable information'', for purposes of paragraph (1), through notice and comment rulemaking; and (B) may not share any data under subsection (a) before completing the rulemaking under subparagraph (A). (c) Balancing Access and Protection.--If the Commission is unable to determine under subsection (b)(1) that an entity or individual requesting access to data under subsection (a) has the capability to protect personally identifiable information contained in the data, the Commission shall make as much of the data available as possible in a format that does not compromise personally identifiable information, through methods such as anonymization. SEC. 2304. COORDINATION WITH CERTAIN OTHER FEDERAL AGENCIES. Section 804(b)(2) of the Communications Act of 1934 (47 U.S.C. 644(b)(2)), as added by the Broadband DATA Act (Public Law 116-130), is amended-- (1) in subparagraph (A)(ii), by striking the semicolon at the end and inserting ``; and''; (2) by amending subparagraph (B) to read as follows: ``(B) coordinate with the Postmaster General, the heads of other Federal agencies that operate delivery fleet vehicles, and the Director of the Bureau of the Census for assistance with data collection whenever coordination could feasibly yield more specific geographic data.''; and (3) by striking subparagraph (C). SEC. 2305. ADOPTION OF CONSUMER BROADBAND LABELS. (a) Final Rule.--Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate regulations to promote and incentivize the widespread adoption of broadband consumer labels, as described in the Public Notice of the Commission issued on April 4, 2016 (DA 16-357), to disclose to consumers information regarding broadband internet access service plans. (b) Hearings.--In issuing the final rule under subsection (a), the Commission shall conduct a series of public hearings to assess, at the time of the proceeding-- (1) how consumers evaluate broadband internet access service plans; and (2) whether disclosures to consumers of information regarding broadband internet access service plans, including those required under section 8.1 of title 47, Code of Federal Regulations, are available, effective, and sufficient. SEC. 2306. GAO REPORT. Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Energy and Commerce of the House of Representatives, the Committee on Agriculture of the House of Representatives, the Committee on Transportation and Infrastructure of the House of the Representatives, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Environment and Public Works of the Senate, and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report that evaluates the process used by the Commission for establishing, reviewing, and updating the upload and download broadband internet access service speed thresholds, including-- (1) how the Commission reviews and updates broadband internet access speed thresholds; (2) whether the Commission considers future broadband internet access service speed needs when establishing broadband internet access service speed thresholds, including whether the Commission considers the need, or the anticipated need, for higher upload or download broadband internet access service speeds in the five-year period and the ten-year period after the date on which a broadband internet access service speed threshold is to be established; and (3) how the Commission considers the impacts of changing uses of the internet in establishing, reviewing, or updating broadband internet access service speed thresholds, including-- (A) the proliferation of internet-based business; (B) working remotely and running a business from home; (C) video teleconferencing; (D) distance learning; (E) in-house web hosting; and (F) cloud data storage. TITLE III--BROADBAND ACCESS Subtitle A--Expansion of Broadband Access SEC. 3101. EXPANSION OF BROADBAND ACCESS IN UNSERVED AREAS AND AREAS WITH LOW-TIER OR MID-TIER SERVICE. (a) In General.--Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.) is amended by adding at the end the following new section: ``SEC. 723. EXPANSION OF BROADBAND ACCESS IN UNSERVED AREAS AND AREAS WITH LOW-TIER OR MID-TIER SERVICE. ``(a) Program Established.--Not later than 180 days after the date of the enactment of this section, the Commission, in consultation with the Assistant Secretary, shall establish a program to expand access to broadband service for unserved areas, areas with low-tier service, areas with mid-tier service, and unserved anchor institutions in accordance with the requirements of this section that-- ``(1) is separate from any universal service program established pursuant to section 254; and ``(2) does not require funding recipients to be designated as eligible telecommunications carriers under section 214(e). ``(b) Use of Program Funds.-- ``(1) Expanding access to broadband service through national system of competitive bidding.--Not later than 18 months after the date of the enactment of this section, the Commission shall award 75 percent of the amounts appropriated under subsection (g) through national systems of competitive bidding to funding recipients only to expand access to broadband service in unserved areas and areas with low-tier service. ``(2) Expanding access to broadband service through states.-- ``(A) Distribution of funds to states.--Not later than 255 days after the date of the enactment of this section, the Commission shall distribute 25 percent of the amounts appropriated under subsection (g) among the States, as follows: ``(i) $100,000,000 shall be distributed to each of the 50 States, the District of Columbia, and Puerto Rico. ``(ii) $100,000,000 shall be allocated equally among and distributed to the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. ``(iii) The remainder shall be allocated among and distributed to the entities described in clause (i), in proportion to the population of each such entity. ``(B) Public notice.--Not later than 195 days after the date of the enactment of this section, the Commission shall issue a public notice informing each State and the public of the amounts to be distributed under this paragraph. The notice shall include-- ``(i) the manner in which a State shall inform the Commission of that State's acceptance or acceptance in part of the amounts to be distributed under this paragraph; ``(ii) the date (which is 30 days after the date on which the public notice is issued) by which such acceptance or acceptance in part is due; and ``(iii) the requirements as set forth under this section and as may be further prescribed by the Commission. ``(C) Acceptance by states.--Not later than 30 days after the date on which a public notice is issued under subparagraph (B), each State accepting amounts to be distributed under this paragraph shall inform the Commission of the acceptance or acceptance in part by the State of the amounts to be distributed under this paragraph in the manner described by the Commission in the public notice. ``(D) Requirements for state receipt of amounts distributed.--Each State accepting amounts distributed under this paragraph-- ``(i) shall only award such amounts through statewide systems of competitive bidding, in the manner prescribed by the State but subject to the requirements as set forth under this section and as may be further prescribed by the Commission; ``(ii) shall make such awards only-- ``(I) to funding recipients to expand access to broadband service in unserved areas and areas with low-tier service; ``(II) to funding recipients to expand access to broadband service to unserved anchor institutions; or ``(III) to funding recipients to expand access to broadband service in areas with mid-tier service, but only if a State does not have, or no longer has, any unserved areas or areas with low-tier service; ``(iii) shall conduct separate systems of competitive bidding for awards made to unserved anchor institutions under clause (ii)(II), if a State awards any amounts distributed under this paragraph to unserved anchor institutions; ``(iv) shall return any unused portion of amounts distributed under this paragraph to the Commission within 10 years after the date of the enactment of this section and shall submit a certification to the Commission before receiving such amounts that the State will return such amounts; and ``(v) may not use more than 5 percent of the amounts distributed under this paragraph to administer a system or systems of competitive bidding authorized by this paragraph. ``(3) Federal and state coordination.--The Commission, in consultation with the Office of Internet Connectivity and Growth, shall establish processes through the rulemaking under subsection (e) to-- ``(A) permit a State to elect for the Commission to conduct statewide systems of competitive bidding on behalf of such State as part of, or in coordination with, national systems of competitive bidding; ``(B) assist States in conducting statewide systems of competitive bidding; ``(C) ensure that program funds awarded by the Commission and program funds awarded by the States are not used in the same areas; and ``(D) ensure that program funds and funds awarded through other Federal programs to expand broadband service with a download speed of at least 100 megabits per second, an upload speed of at least 100 megabits per second, and latency that is sufficiently low to allow multiple, simultaneous, real-time, interactive applications, are not used in the same areas. ``(c) Program Requirements.-- ``(1) Technology neutrality required.--The entity administering a system of competitive bidding (either a State or the Commission) in making awards may not favor a project using any particular technology. ``(2) Gigabit performance funding.--The Commission shall reserve 20 percent of the amounts to be awarded by the Commission under subsection (b)(1), and each State shall reserve 20 percent of the amounts distributed to such State under subsection (b)(2), for bidders committing (with respect to any particular project by such a bidder) to offer, not later than the date that is 4 years after the date on which funding is provided under this section for such project-- ``(A) broadband service with a download speed of at least 1 gigabit per second, an upload speed of at least 1 gigabit per second, and latency that is sufficiently low to allow multiple, simultaneous, real-time, interactive applications; or ``(B) in the case of a project to provide broadband service to an unserved anchor institution, broadband service with a download speed of at least 10 gigabits per second per 1,000 users, an upload speed of at least 10 gigabits per second per 1,000 users, and latency that is sufficiently low to allow multiple, simultaneous, real-time, interactive applications. ``(3) System of competitive bidding process.--The entity administering a system of competitive bidding (either a State or the Commission) shall structure the system of competitive bidding process to-- ``(A) first hold a system of competitive bidding only for bidders committing (with respect to any particular project by such a bidder) to offer, not later than the date that is 4 years after the date on which funding is provided under this section for such project-- ``(i) broadband service with a download speed of at least 1 gigabit per second, an upload speed of at least 1 gigabit per second, and latency that is sufficiently low to allow multiple, simultaneous, real-time, interactive applications; or ``(ii) in the case of a project to provide broadband service to an unserved anchor institution, broadband service with a download speed of at least 10 gigabits per second per 1,000 users, an upload speed of at least 10 gigabits per second per 1,000 users, and latency that is sufficiently low to allow multiple, simultaneous, real-time, interactive applications; and ``(B) after holding the system of competitive bidding required by subparagraph (A), hold one or more systems of competitive bidding, in areas not receiving awards under subparagraph (A), to award funds for projects in areas that are estimated to remain unserved areas, areas with low-tier service, or (to the extent permitted under this section) areas with mid-tier service, or (to the extent permitted under this section) for projects to offer broadband service to anchor institutions that are estimated to remain unserved anchor institutions, after the completion of the projects for which funding is awarded under the system of competitive bidding required by subparagraph (A) or any previous system of competitive bidding under this subparagraph. ``(4) Funds priority preference.--There shall be a preference in a system of competitive bidding for projects that would expand access to broadband service in areas where at least 90 percent of the population has no access to broadband service or does not have access to broadband service offered with a download speed of at least 25 megabits per second, with an upload speed of at least 3 megabits per second, and with latency that is sufficiently low to allow multiple, simultaneous, real-time, interactive applications. Such projects shall be given priority in such system of competitive bidding over all other projects, regardless of how many preferences under paragraph (5) for which such other projects qualify. ``(5) Funds preference.--There shall be a preference in a system of competitive bidding, as determined by the entity administering the system of competitive bidding (either a State or the Commission), for any of the following projects: ``(A) Projects with at least 20 percent matching funds from non-Federal sources. ``(B) Projects that would expand access to broadband service on Tribal lands, as defined by the Commission. ``(C) Projects that would provide broadband service with higher speeds than those specified in subsection (d)(2), except in the case of funds awarded under subparagraph (A) of paragraph (3). ``(D) Projects that would expand access to broadband service in advance of the time specified in subsection (e)(5), except in the case of funds awarded under subparagraph (A) of paragraph (3). ``(E) Projects that would expand access to broadband service to persistent poverty counties or high-poverty areas at subsidized rates. ``(F) Projects that, at least until the date that is 10 years after the date of the enactment of this section, would provide broadband service with comparable speeds to those provided in areas that, on the day before such date of enactment, were not unserved areas, areas with low-tier service, or areas with mid-tier service, with minimal future investment. ``(G) Projects with support from the local community, demonstrated by at least one letter of support from local elected officials in the community. ``(H) Projects that would provide for the deployment of open-access broadband service networks. ``(6) Unserved areas and areas with low-tier or mid-tier service.--In determining whether an area is an unserved area, an area with low-tier service, or an area with mid-tier service or whether an anchor institution is an unserved anchor institution for any system of competitive bidding authorized under this section, the Commission shall implement the following requirements through the rulemaking described in subsection (e): ``(A) Data for initial determination.--To make an initial determination as to whether an area is an unserved area, an area with low-tier service, or an area with mid-tier service or whether an anchor institution is an unserved anchor institution, the Commission shall-- ``(i) use the most accurate and granular data on the map created by the Commission under section 802(c)(1)(B); ``(ii) refine the data described in clause (i) by using-- ``(I) other data on access to broadband service obtained or purchased by the Commission; ``(II) other publicly available data or information on access to broadband service; and ``(III) other publicly available data or information on State broadband service deployment programs; and ``(iii) not determine an area is not an unserved area, an area with low-tier service, or an area with mid-tier service, on the basis that one location within such area does not meet the definition of an unserved area, an area with low-tier service, or an area with mid-tier service. ``(B) Initial determination.--The Commission shall make an initial determination of the areas that are unserved areas, areas with low-tier service, and areas with mid-tier service and which anchor institutions are unserved anchor institutions not later than 270 days after the date of the enactment of this section. ``(C) Challenge of determination.-- ``(i) In general.--The Commission shall provide for a process for challenging any initial determination regarding whether an area is an unserved area, an area with low-tier service, or an area with mid-tier service or whether an anchor institution is an unserved anchor institution that, at a minimum, provides not less than 45 days for a person to voluntarily submit information concerning-- ``(I) the broadband service offered in the area, or a commitment to offer broadband service in the area that is subject to legal sanction if not performed; or ``(II) the broadband service offered to the anchor institution. ``(ii) Streamlined process.--The Commission shall ensure that such process is sufficiently streamlined such that a reasonably prudent person may easily participate to challenge such initial determination with little burden on such person. ``(D) Final determination.--The Commission shall make a final determination of the areas that are unserved areas, areas with low-tier service, or areas with mid-tier service and which anchor institutions are unserved anchor institutions within 1 year after the date of the enactment of this section. ``(7) Notice, transparency, accountability, and oversight required.--The program shall contain sufficient notice, transparency, accountability, and oversight measures to provide the public with notice of the assistance provided under this section, and to deter waste, fraud, and abuse of program funds. ``(8) Competence.-- ``(A) Standards.--The Commission shall establish, through the rulemaking described in subsection (e), objective standards to determine that each provider of broadband service seeking to participate in a system of competitive bidding-- ``(i) is capable of carrying out the project in a competent manner in compliance with all applicable Federal, State, and local laws; ``(ii) has the financial capacity to meet the buildout obligations of the project and requirements as set forth under this section and as may be further prescribed by the Commission; and ``(iii) has the technical and operational capability to provide broadband services in the manner contemplated by the provider's bid in the system of competitive bidding, including a detailed consideration of the provider's prior performance in delivering services as contemplated in the bid and the capabilities of the provider's proposed network to deliver the contemplated services in the area in question. ``(B) Determinations regarding providers.--An entity administering a system of competitive bidding (either a State or the Commission) may not permit a provider of broadband service to participate in the system of competitive bidding unless the entity first determines, after notice and an opportunity for public comment, that the provider meets the standards established under subparagraph (A). ``(9) Contracting requirements.--All laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work carried out, in whole or in part, with assistance made available under this section shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards in this paragraph, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. ``(10) Rule of construction regarding environmental laws.-- Nothing in this section shall be construed to affect-- ``(A) the Clean Air Act (42 U.S.C. 7401 et seq.); ``(B) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.; commonly referred to as the `Clean Water Act'); ``(C) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); ``(D) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); ``(E) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.; commonly referred to as the `Resource Conservation and Recovery Act'); or ``(F) any State or local law that is similar to a law listed in subparagraphs (A) through (E). ``(11) Referral of alleged violations of applicable federal labor and employment laws.--The Commission shall refer any alleged violation of an applicable labor and employment law to the appropriate Federal agency for investigation and enforcement, and any alleged violation of paragraph (9) or (12) to the National Labor Relations Board for investigation and enforcement, utilizing all appropriate remedies up to and including debarment from the program. ``(12) Labor organization.-- ``(A) In general.--Notwithstanding the National Labor Relations Act (29 U.S.C. 151 et seq.), subparagraphs (B) through (F) shall apply with respect to any funding recipient who is an employer and any labor organization who represents employees of a funding recipient. ``(B) Neutrality requirement.--An employer shall remain neutral with respect to the exercise of employees and labor organizations of the right to organize and bargain under the National Labor Relations Act (29 U.S.C. 151 et seq.). ``(C) Commencement of collective bargaining.--Not later than 10 days after receiving a written request for collective bargaining from a labor organization that has been newly recognized or certified as a representative under section 9(a) of the National Labor Relations Act (29 U.S.C. 159(a)), or within such further period as the parties agree upon, the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement. ``(D) Mediation and conciliation for failure to reach a collective bargaining agreement.-- ``(i) In general.--If the parties have failed to reach an agreement before the date that is 90 days after the date on which bargaining is commenced under subparagraph (C), or any later date agreed upon by both parties, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. ``(ii) Federal mediation and conciliation service.--Whenever a request is received under clause (i), the Director of the Federal Mediation and Conciliation Service shall promptly communicate with the parties and use best efforts, by mediation and conciliation, to bring them to agreement. ``(E) Tripartite arbitration panel.-- ``(i) In general.--If the Federal Mediation and Conciliation Service is not able to bring the parties to agreement by mediation or conciliation before the date that is 30 days after the date on which such mediation or conciliation is commenced, or any later date agreed upon by both parties, the Service shall refer the dispute to a tripartite arbitration panel established in accordance with such regulations as may be prescribed by the Service, with one member selected by the labor organization, one member selected by the employer, and one neutral member mutually agreed to by the parties. ``(ii) Dispute settlement.--A majority of the tripartite arbitration panel shall render a decision settling the dispute and such decision shall be binding upon the parties for a period of two years, unless amended during such period by written consent of the parties. Such decision shall be based on-- ``(I) the employer's financial status and prospects; ``(II) the size and type of the employer's operations and business; ``(III) the employees' cost of living; ``(IV) the employees' ability to sustain themselves, their families, and their dependents on the wages and benefits they earn from the employer; and ``(V) the wages and benefits that other employers in the same business provide their employees. ``(F) Prohibition on subcontracting for certain purposes.--A funding recipient may not engage in subcontracting for the purpose of circumventing the terms of a collective bargaining agreement with respect to wages, benefits, or working conditions. ``(G) Parties defined.--In this paragraph, the term `parties' means a labor organization that is newly recognized or certified as a representative under section 9(a) of the National Labor Relations Act (29 U.S.C. 159(a)) and the employer of the employees represented by such organization. ``(d) Project Requirements.--Any project funded through the program shall meet the following requirements: ``(1) The project shall adhere to quality-of-service standards as established by the Commission. ``(2) Except as provided in paragraphs (2) and (3) of subsection (c), the project shall offer broadband service with a download speed of at least 100 megabits per second, an upload speed of at least 100 megabits per second, and latency that is sufficiently low to allow multiple, simultaneous, real-time, interactive applications. ``(3) The project shall offer broadband service at prices that are comparable to, or lower than, the prices charged for comparable levels of service in areas that were not unserved areas, areas with low-tier service, or areas with mid-tier service on the day before the date of the enactment of this section. ``(4) For any project that involves laying fiber-optic cables along a roadway, the project shall include interspersed conduit access points at regular and short intervals. ``(5) The project shall incorporate prudent cybersecurity and supply chain risk management practices, as specified by the Commission through the rulemaking described in subsection (e), in consultation with the Director of the National Institute of Standards and Technology and the Assistant Secretary. ``(6) The project shall incorporate best practices, as defined by the Commission, for ensuring reliability and resiliency of the network during disasters. ``(7) Any funding recipient must agree to have the project meet the requirements established under section 224, as if the project were classified as a `utility' under such section. The preceding sentence shall not apply to those entities or persons excluded from the definition of the term `utility' by the second sentence of subsection (a)(1) of such section. ``(8) The project shall offer an affordable option for a broadband service plan under which broadband service is provided-- ``(A) with a download speed of at least 50 megabits per second; ``(B) with an upload speed of at least 50 megabits per second; and ``(C) with latency that is sufficiently low to allow multiple, simultaneous, real-time, interactive applications. ``(e) Rulemaking and Distribution and Award of Funds.--Not later than 180 days after the date of the enactment of this section, the Commission, in consultation with the Assistant Secretary, shall promulgate rules-- ``(1) that implement the requirements of this section, as appropriate; ``(2) that establish the design of and rules for the national systems of competitive bidding; ``(3) that establish notice requirements for all systems of competitive bidding authorized under this section that, at a minimum, provide the public with notice of-- ``(A) the initial determination of which areas are unserved areas, areas with low-tier service, or areas with mid-tier service; ``(B) the final determination of which areas are unserved areas, areas with low-tier service, or areas with mid-tier service after the process for challenging the initial determination has concluded; ``(C) which entities have applied to bid for funding; and ``(D) the results of any system of competitive bidding, including identifying the funding recipients, which areas each project will serve, the nature of the service that will be provided by the project in each of those areas, and how much funding the funding recipients will receive in each of those areas; ``(4) that establish broadband service buildout milestones and periodic certification by funding recipients to ensure that the broadband service buildout milestones for all systems of competitive bidding authorized under this section will be met; ``(5) that, except as provided in paragraphs (2) and (3) of subsection (c), establish a maximum buildout timeframe of three years beginning on the date on which funding is provided under this section for a project; ``(6) that establish periodic reporting requirements for funding recipients and that identify, at a minimum, the nature of the service provided in each area for any system of competitive bidding authorized under this section; ``(7) that establish standard penalties for the noncompliance of funding recipients or projects with the requirements as set forth under this section and as may be further prescribed by the Commission for any system of competitive bidding authorized under this section; ``(8) that establish procedures for recovery of funds, in whole or in part, from funding recipients in the event of the default or noncompliance of the funding recipient or project with the requirements established under this section for any system of competitive bidding authorized under this section; and ``(9) that establish mechanisms to reduce waste, fraud, and abuse within the program for any system of competitive bidding authorized under this section. ``(f) Reports Required.-- ``(1) Inspector general and comptroller general report.-- Not later than June 30 and December 31 of each year following the awarding of the first funds under the program, the Inspector General of the Commission and the Comptroller General of the United States shall submit to the Committees on Energy and Commerce of the House of Representatives and Commerce, Science, and Transportation of the Senate a report for the previous 6 months that reviews the program. Such report shall include any recommendations to address waste, fraud, and abuse. ``(2) State reports.--Any State that receives funds under the program shall submit an annual report to the Commission on how such funds were spent, along with a certification of compliance with the requirements as set forth under this section and as may be further prescribed by the Commission, including a description of each service provided and the number of individuals to whom the service was provided. ``(g) Authorization of Appropriations.--There is authorized to be appropriated to the Commission $79,500,000,000 for fiscal year 2022 to carry out the program, and such amount is authorized to remain available through fiscal year 2026. ``(h) Definitions.--In this section: ``(1) Affordable option.--The term `affordable option' means, with respect to a broadband service plan, that broadband service is provided under such plan at a rate that is determined by the Commission, in coordination with the Office of Internet Connectivity and Growth, to be affordable for a household with an income of 136 percent of the poverty threshold, as determined by using criteria of poverty established by the Bureau of the Census, for a four-person household that includes two dependents under the age of 18. ``(2) Anchor institution.--The term `anchor institution'-- ``(A) means a public or private school, a library, a medical or healthcare provider, a museum, a public safety entity, a public housing agency (as defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b))), a community college, an institution of higher education, a religious organization, or any other community support organization or agency; and ``(B) includes any entity described in subparagraph (A) that serves an Indian Tribe, tribally designated entity, or Native Hawaiian organization. ``(3) Area.--The term `area' means the geographic unit of measurement with the greatest level of granularity reasonably feasible for the Commission to use in making eligibility determinations under this section and in meeting the requirements and deadlines of this section. ``(4) Area with low-tier service.--The term `area with low- tier service' means an area where at least 90 percent of the population has access to broadband service offered-- ``(A) with a download speed of at least 25 megabits per second but less than 100 megabits per second; ``(B) with an upload speed of at least 25 megabits per second but less than 100 megabits per second; and ``(C) with latency that is sufficiently low to allow multiple, simultaneous, real-time, interactive applications. ``(5) Area with mid-tier service.--The term `area with mid- tier service' means an area where at least 90 percent of the population has access to broadband service offered-- ``(A) with a download speed of at least 100 megabits per second but less than 1 gigabit per second; ``(B) with an upload speed of at least 100 megabits per second but less than 1 gigabit per second; and ``(C) with latency that is sufficiently low to allow multiple, simultaneous, real-time, interactive applications. ``(6) Assistant secretary.--The term `Assistant Secretary' means the Assistant Secretary of Commerce for Communications and Information. ``(7) Broadband service.--The term `broadband service'-- ``(A) means broadband internet access service that is a mass-market retail service, or a service provided to an anchor institution, by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service; ``(B) includes any service that is a functional equivalent of the service described in subparagraph (A); and ``(C) does not include dial-up internet access service. ``(8) Collective bargaining.--The term `collective bargaining' means performance of the mutual obligation described in section 8(d) of the National Labor Relations Act (29 U.S.C. 158(d)). ``(9) Collective bargaining agreement.--The term `collective bargaining agreement' means an agreement reached through collective bargaining. ``(10) Funding recipient.--The term `funding recipient' means an entity that receives funding for a project under this section, which may include-- ``(A) a private entity, a public-private partnership, a cooperative, and a Tribal or municipal broadband service provider; and ``(B) a consortium between any of the entities described in subparagraph (A), including a consortium that includes an investor-owned utility. ``(11) High-poverty area.--The term `high-poverty area' means a census tract with a poverty rate of at least 20 percent, as measured by the most recent 5-year data series available from the American Community Survey of the Bureau of the Census as of the year before the date of the enactment of this section. In the case of a territory or possession of the United States in which no such data is collected from the American Community Survey of the Bureau of the Census as of the year before the date of the enactment of this section, such term includes a census tract with a poverty rate of at least 20 percent, as measured by the most recent Island Areas decennial census of the Bureau of the Census for which data is available as of the year before the date of the enactment of this section. ``(12) Indian tribe.--The term `Indian Tribe' has the meaning given such term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304(e)). ``(13) Institution of higher education.--The term `institution of higher education'-- ``(A) has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); and ``(B) includes a postsecondary vocational institution. ``(14) Labor organization.--The term `labor organization' has the meaning given the term in section 2 of the National Labor Relations Act (29 U.S.C. 152). ``(15) Native hawaiian organization.--The term `Native Hawaiian organization' means any organization-- ``(A) that serves the interests of Native Hawaiians; ``(B) in which Native Hawaiians serve in substantive and policymaking positions; ``(C) that has as a primary and stated purpose the provision of services to Native Hawaiians; and ``(D) that is recognized for having expertise in Native Hawaiian affairs, digital connectivity, or access to broadband service. ``(16) Persistent poverty county.--The term `persistent poverty county' means any county with a poverty rate of at least 20 percent, as determined in each of the 1990 and 2000 decennial censuses and in the Small Area Income and Poverty Estimates of the Bureau of the Census for the most recent year for which the Estimates are available. In the case of a territory or possession of the United States, such term includes any county equivalent area in Puerto Rico with a poverty rate of at least 20 percent, as determined in each of the 1990 and 2000 decennial censuses and in the most recent 5- year data series available from the American Community Survey of the Bureau of the Census as of the year before the date of the enactment of this section, or any other territory or possession of the United States with a poverty rate of at least 20 percent, as determined in each of the 1990 and 2000 Island Areas decennial censuses of the Bureau of the Census and in the most recent Island Areas decennial census of the Bureau of the Census for which data is available as of the year before the date of the enactment of this section. ``(17) Postsecondary vocational institution.--The term `postsecondary vocational institution' has the meaning given the term in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c)). ``(18) Program.--Unless otherwise indicated, the term `program' means the program established under subsection (a). ``(19) Project.--The term `project' means an undertaking by a funding recipient under this section to construct and deploy infrastructure for the provision of broadband service. ``(20) State.--The term `State' has the meaning given such term in section 3, except that such term also includes the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. ``(21) Tribally designated entity.--The term `tribally designated entity' means an entity designated by an Indian Tribe for purposes of paragraph (2)(B). ``(22) Unserved anchor institution.--The term `unserved anchor institution' means an anchor institution that has no access to broadband service or does not have access to broadband service offered-- ``(A) with a download speed of at least 1 gigabit per second per 1,000 users; ``(B) with an upload speed of at least 1 gigabit per second per 1,000 users; and ``(C) with latency that is sufficiently low to allow multiple, simultaneous, real-time, interactive applications. ``(23) Unserved area.--The term `unserved area' means an area where-- ``(A) the Commission reasonably believes there are potential subscribers of broadband service; and ``(B) at least 90 percent of the population has no access to broadband service or does not have access to broadband service offered-- ``(i) with a download speed of at least 25 megabits per second; ``(ii) with an upload speed of at least 25 megabits per second; and ``(iii) with latency that is sufficiently low to allow multiple, simultaneous, real-time, interactive applications.''. (b) Authorization of Appropriations for Tribal Broadband Connectivity Program.-- (1) In general.--Section 905(c) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260) is amended by adding at the end the following: ``(9) Authorization of appropriations.--There is authorized to be appropriated to the Assistant Secretary $500,000,000 for fiscal year 2022 to carry out the grant program under this subsection, and such amount is authorized to remain available through fiscal year 2026.''. (2) Conforming amendments.--Section 905 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260) is amended-- (A) in subsection (c), by inserting ``or paragraph (9) of this subsection'' after ``subsection (b)(1)'' each place it appears; and (B) in subsection (e)-- (i) in paragraph (1)-- (I) in the matter preceding subparagraph (A), by inserting after ``this Act'' the following: ``(and, in the case of the grant program under subsection (c), not earlier than 30 days, and not later than 60 days, after the date of enactment of any other law making available amounts to carry out such program)''; and (II) in subparagraph (A), by inserting after ``eligible entities and covered partnerships'' the following: ``(or, in the case of a notice issued by reason of the enactment of a law, other than this Act, making available amounts to carry out the grant program under subsection (c), eligible entities)''; and (ii) in paragraph (2)(A), by inserting after ``an eligible entity or covered partnership'' the following: ``(or, in the case of a notice issued by reason of the enactment of a law, other than this Act, making available amounts to carry out the grant program under subsection (c), an eligible entity)''. SEC. 3102. TRIBAL INTERNET EXPANSION. Section 254(b)(3) of the Communications Act of 1934 (47 U.S.C. 254(b)(3)) is amended by inserting ``and in Indian country (as defined in section 1151 of title 18, United States Code) and areas with high populations of Indian (as defined in section 19 of the Act of June 18, 1934 (Chapter 576; 48 Stat. 988; 25 U.S.C. 5129)) people'' after ``high cost areas''. Subtitle B--Broadband Infrastructure Finance and Innovation SEC. 3201. SHORT TITLE. This subtitle may be cited as the ``Broadband Infrastructure Finance and Innovation Act of 2021''. SEC. 3202. DEFINITIONS. In this subtitle: (1) BIFIA program.--The term ``BIFIA program'' means the broadband infrastructure finance and innovation program established under this subtitle. (2) Broadband service.--The term ``broadband service''-- (A) means broadband internet access service that is a mass-market retail service, or a service provided to an entity described in paragraph (11)(B)(ii), by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service; (B) includes any service that is a functional equivalent of the service described in subparagraph (A); and (C) does not include dial-up internet access service. (3) Eligible project costs.--The term ``eligible project costs'' means amounts substantially all of which are paid by, or for the account of, an obligor in connection with a project, including the cost of-- (A) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, historic preservation review, permitting, preliminary engineering and design work, and other preconstruction activities; (B) construction and deployment phase activities, including-- (i) construction, reconstruction, rehabilitation, replacement, and acquisition of real property (including land relating to the project and improvements to land), equipment, instrumentation, networking capability, hardware and software, and digital network technology; (ii) environmental mitigation; and (iii) construction contingencies; and (C) capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during construction and deployment. (4) Federal credit instrument.--The term ``Federal credit instrument'' means a secured loan, loan guarantee, or line of credit authorized to be made available under the BIFIA program with respect to a project. (5) Investment-grade rating.--The term ``investment-grade rating'' means a rating of BBB minus, Baa3, bbb minus, BBB (low), or higher assigned by a rating agency to project obligations. (6) Lender.--The term ``lender'' means any non-Federal qualified institutional buyer (as defined in section 230.144A(a) of title 17, Code of Federal Regulations (or any successor regulation), known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Securities Act of 1933 (15 U.S.C. 77a et seq.)), including-- (A) a qualified retirement plan (as defined in section 4974(c) of the Internal Revenue Code of 1986) that is a qualified institutional buyer; and (B) a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986) that is a qualified institutional buyer. (7) Letter of interest.--The term ``letter of interest'' means a letter submitted by a potential applicant prior to an application for credit assistance in a format prescribed by the Assistant Secretary on the website of the BIFIA program that-- (A) describes the project and the location, purpose, and cost of the project; (B) outlines the proposed financial plan, including the requested credit assistance and the proposed obligor; (C) provides a status of environmental review; and (D) provides information regarding satisfaction of other eligibility requirements of the BIFIA program. (8) Line of credit.--The term ``line of credit'' means an agreement entered into by the Assistant Secretary with an obligor under section 3205 to provide a direct loan at a future date upon the occurrence of certain events. (9) Loan guarantee.--The term ``loan guarantee'' means any guarantee or other pledge by the Assistant Secretary to pay all or part of the principal of and interest on a loan or other debt obligation issued by an obligor and funded by a lender. (10) Obligor.--The term ``obligor'' means a party that-- (A) is primarily liable for payment of the principal of or interest on a Federal credit instrument; and (B) may be a corporation, company, partnership, joint venture, trust, or governmental entity, agency, or instrumentality. (11) Project.--The term ``project'' means a project-- (A) to construct and deploy infrastructure for the provision of broadband service; and (B) that the Assistant Secretary determines will-- (i) provide access or improved access to broadband service to consumers residing in areas of the United States that have no access to broadband service or do not have access to broadband service offered-- (I) with a download speed of at least 100 megabits per second; (II) with an upload speed of at least 100 megabits per second; and (III) with latency that is sufficiently low to allow multiple, simultaneous, real-time, interactive applications; or (ii) provide access or improved access to broadband service to-- (I) schools, libraries, medical and healthcare providers, community colleges and other institutions of higher education, museums, religious organizations, and other community support organizations and entities to facilitate greater use of broadband service by or through such organizations; (II) organizations and agencies that provide outreach, access, equipment, and support services to facilitate greater use of broadband service by low-income, unemployed, aged, and otherwise vulnerable populations; (III) job-creating strategic facilities located within a State- designated economic zone, Economic Development District designated by the Department of Commerce, Empowerment Zone designated by the Department of Housing and Urban Development, or Enterprise Community designated by the Department of Agriculture; or (IV) public safety agencies. (12) Project obligation.--The term ``project obligation'' means any note, bond, debenture, or other debt obligation issued by an obligor in connection with the financing of a project, other than a Federal credit instrument. (13) Public authority.--The term ``public authority'' means a Federal, State, county, town or township, Indian Tribe, municipal, or other local government or instrumentality with authority to finance, build, operate, or maintain infrastructure for the provision of broadband service. (14) Rating agency.--The term ``rating agency'' means a credit rating agency registered with the Securities and Exchange Commission as a nationally recognized statistical rating organization (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))). (15) Secured loan.--The term ``secured loan'' means a direct loan or other debt obligation issued by an obligor and funded by the Assistant Secretary in connection with the financing of a project under section 3204. (16) Small project.--The term ``small project'' means a project having eligible project costs that are reasonably anticipated not to equal or exceed $20,000,000. (17) Subsidy amount.--The term ``subsidy amount'' means the amount of budget authority sufficient to cover the estimated long-term cost to the Federal Government of a Federal credit instrument-- (A) calculated on a net present value basis; and (B) excluding administrative costs and any incidental effects on governmental receipts or outlays in accordance with the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). (18) Substantial completion.--The term ``substantial completion'' means, with respect to a project receiving credit assistance under the BIFIA program-- (A) the commencement of the provision of broadband service using the infrastructure being financed; or (B) a comparable event, as determined by the Assistant Secretary and specified in the credit agreement. SEC. 3203. DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION. (a) Eligibility.-- (1) In general.--A project shall be eligible to receive credit assistance under the BIFIA program if-- (A) the entity proposing to carry out the project submits a letter of interest prior to submission of a formal application for the project; and (B) the project meets the criteria described in this subsection. (2) Creditworthiness.-- (A) In general.--Except as provided in subparagraph (B), to be eligible for assistance under the BIFIA program, a project shall satisfy applicable creditworthiness standards, which, at a minimum, shall include-- (i) adequate coverage requirements to ensure repayment; (ii) an investment-grade rating from at least two rating agencies on debt senior to the Federal credit instrument; and (iii) a rating from at least two rating agencies on the Federal credit instrument. (B) Small projects.--In order for a small project to be eligible for assistance under the BIFIA program, such project shall satisfy alternative creditworthiness standards that shall be established by the Assistant Secretary under section 3206 for purposes of this paragraph. (3) Application.--A State, local government, agency or instrumentality of a State or local government, public authority, public-private partnership, or any other legal entity undertaking the project and authorized by the Assistant Secretary shall submit a project application that is acceptable to the Assistant Secretary. (4) Eligible project cost parameters for infrastructure projects.--Eligible project costs shall be reasonably anticipated to equal or exceed $2,000,000 in the case of a project or program of projects-- (A) in which the applicant is a local government, instrumentality of local government, or public authority (other than a public authority that is a Federal or State government or instrumentality); (B) located on a facility owned by a local government; or (C) for which the Assistant Secretary determines that a local government is substantially involved in the development of the project. (5) Dedicated revenue sources.--The applicable Federal credit instrument shall be repayable, in whole or in part, from-- (A) amounts charged to-- (i) subscribers of broadband service for such service; or (ii) subscribers of any related service provided over the same infrastructure for such related service; (B) user fees; (C) payments owing to the obligor under a public- private partnership; or (D) other dedicated revenue sources that also secure or fund the project obligations. (6) Applications where obligor will be identified later.--A State, local government, agency or instrumentality of a State or local government, or public authority may submit to the Assistant Secretary an application under paragraph (3), under which a private party to a public-private partnership will be-- (A) the obligor; and (B) identified later through completion of a procurement and selection of the private party. (7) Beneficial effects.--The Assistant Secretary shall determine that financial assistance for the project under the BIFIA program will-- (A) foster, if appropriate, partnerships that attract public and private investment for the project; (B) enable the project to proceed at an earlier date than the project would otherwise be able to proceed or reduce the lifecycle costs (including debt service costs) of the project; and (C) reduce the contribution of Federal grant assistance for the project. (8) Project readiness.--To be eligible for assistance under the BIFIA program, the applicant shall demonstrate a reasonable expectation that the contracting process for the construction and deployment of infrastructure for the provision of broadband service through the project can commence by no later than 90 days after the date on which a Federal credit instrument is obligated for the project under the BIFIA program. (9) Public sponsorship of private entities.-- (A) In general.--If an eligible project is carried out by an entity that is not a State or local government or an agency or instrumentality of a State or local government or a Tribal Government or consortium of Tribal Governments, the project shall be publicly sponsored. (B) Public sponsorship.--For purposes of this subtitle, a project shall be considered to be publicly sponsored if the obligor can demonstrate, to the satisfaction of the Assistant Secretary, that the project applicant has consulted with the State, local, or Tribal government in the area in which the project is located, or that is otherwise affected by the project, and that such government supports the proposal. (b) Selection Among Eligible Projects.-- (1) Establishment of application process.--The Assistant Secretary shall establish a rolling application process under which projects that are eligible to receive credit assistance under subsection (a) shall receive credit assistance on terms acceptable to the Assistant Secretary, if adequate funds are available to cover the subsidy costs associated with the Federal credit instrument. (2) Preliminary rating opinion letter.--The Assistant Secretary shall require each project applicant to provide-- (A) a preliminary rating opinion letter from at least one rating agency-- (i) indicating that the senior obligations of the project, which may be the Federal credit instrument, have the potential to achieve an investment-grade rating; and (ii) including a preliminary rating opinion on the Federal credit instrument; or (B) in the case of a small project, alternative documentation that the Assistant Secretary shall require in the standards established under section 3206 for purposes of this paragraph. (3) Technology neutrality required.--In selecting projects to receive credit assistance under the BIFIA program, the Assistant Secretary may not favor a project using any particular technology. (4) Preference for open-access networks.--In selecting projects to receive credit assistance under the BIFIA program, the Assistant Secretary shall give preference to projects providing for the deployment of open-access broadband service networks. (c) Federal Requirements.-- (1) In general.--The following provisions of law shall apply to funds made available under the BIFIA program and projects assisted with those funds: (A) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). (B) The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (C) 54 U.S.C. 300101 et seq. (commonly referred to as the ``National Historic Preservation Act''). (D) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). (2) NEPA.--No funding shall be obligated for a project that has not received an environmental categorical exclusion, a finding of no significant impact, or a record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (3) Title vi of the civil rights act of 1964.--For purposes of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), any project that receives credit assistance under the BIFIA program shall be considered a program or activity within the meaning of section 606 of such title (42 U.S.C. 2000d-4a). (4) Contracting requirements.--All laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work carried out, in whole or in part, with assistance made available through a Federal credit instrument shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards in this paragraph, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (5) Neutrality requirement.--An employer receiving assistance made available through a Federal credit instrument under this subtitle shall remain neutral with respect to the exercise of employees and labor organizations of the right to organize and bargain under the National Labor Relations Act (29 U.S.C. 151 et seq.). (6) Referral of alleged violations of applicable federal labor and employment laws.--The Assistant Secretary shall refer any alleged violation of an applicable labor and employment law to the appropriate Federal agency for investigation and enforcement, and any alleged violation of paragraph (4) or (5) to the National Labor Relations Board for investigation and enforcement, utilizing all appropriate remedies up to and including debarment from the BIFIA program. (d) Application Processing Procedures.-- (1) Notice of complete application.--Not later than 30 days after the date of receipt of an application under this section, the Assistant Secretary shall provide to the applicant a written notice to inform the applicant whether-- (A) the application is complete; or (B) additional information or materials are needed to complete the application. (2) Approval or denial of application.--Not later than 60 days after the date of issuance of the written notice under paragraph (1), the Assistant Secretary shall provide to the applicant a written notice informing the applicant whether the Assistant Secretary has approved or disapproved the application. (3) Approval before nepa review.--Subject to subsection (c)(2), an application for a project may be approved before the project receives an environmental categorical exclusion, a finding of no significant impact, or a record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (e) Development Phase Activities.--Any credit instrument secured under the BIFIA program may be used to finance up to 100 percent of the cost of development phase activities as described in section 3202(3)(A). SEC. 3204. SECURED LOANS. (a) In General.-- (1) Agreements.--Subject to paragraphs (2) and (3), the Assistant Secretary may enter into agreements with one or more obligors to make secured loans, the proceeds of which shall be used-- (A) to finance eligible project costs of any project selected under section 3203; (B) to refinance interim construction financing of eligible project costs of any project selected under section 3203; or (C) to refinance long-term project obligations or Federal credit instruments, if the refinancing provides additional funding capacity for the completion, enhancement, or expansion of any project that-- (i) is selected under section 3203; or (ii) otherwise meets the requirements of section 3203. (2) Limitation on refinancing of interim construction financing.--A loan under paragraph (1) shall not refinance interim construction financing under paragraph (1)(B)-- (A) if the maturity of such interim construction financing is later than 1 year after the substantial completion of the project; and (B) later than 1 year after the date of substantial completion of the project. (3) Risk assessment.--Before entering into an agreement under this subsection, the Assistant Secretary, in consultation with the Director of the Office of Management and Budget, shall determine an appropriate capital reserve subsidy amount for each secured loan, taking into account each rating letter provided by a rating agency under section 3203(b)(2)(A)(ii) or, in the case of a small project, the alternative documentation provided under section 3203(b)(2)(B). (b) Terms and Limitations.-- (1) In general.--A secured loan under this section with respect to a project shall be on such terms and conditions and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Assistant Secretary determines to be appropriate. (2) Maximum amount.--The amount of a secured loan under this section shall not exceed the lesser of 49 percent of the reasonably anticipated eligible project costs or, if the secured loan is not for a small project and does not receive an investment-grade rating, the amount of the senior project obligations. (3) Payment.--A secured loan under this section-- (A) shall-- (i) be payable, in whole or in part, from-- (I) amounts charged to-- (aa) subscribers of broadband service for such service; or (bb) subscribers of any related service provided over the same infrastructure for such related service; (II) user fees; (III) payments owing to the obligor under a public-private partnership; or (IV) other dedicated revenue sources that also secure the senior project obligations; and (ii) include a coverage requirement or similar security feature supporting the project obligations; and (B) may have a lien on revenues described in subparagraph (A), subject to any lien securing project obligations. (4) Interest rate.--The interest rate on a secured loan under this section shall be not less than the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement. (5) Maturity date.--The final maturity date of the secured loan shall be the lesser of-- (A) 35 years after the date of substantial completion of the project; and (B) if the useful life of the infrastructure for the provision of broadband service being financed is of a lesser period, the useful life of the infrastructure. (6) Nonsubordination.-- (A) In general.--Except as provided in subparagraph (B), the secured loan shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obligor. (B) Preexisting indenture.-- (i) In general.--The Assistant Secretary shall waive the requirement under subparagraph (A) for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture, if-- (I) the secured loan-- (aa) is rated in the A category or higher; or (bb) in the case of a small project, meets an alternative standard that the Assistant Secretary shall establish under section 3206 for purposes of this subclause; (II) the secured loan is secured and payable from pledged revenues not affected by project performance, such as a tax-backed revenue pledge or a system-backed pledge of project revenues; and (III) the BIFIA program share of eligible project costs is 33 percent or less. (ii) Limitation.--If the Assistant Secretary waives the nonsubordination requirement under this subparagraph-- (I) the maximum credit subsidy to be paid by the Federal Government shall be not more than 10 percent of the principal amount of the secured loan; and (II) the obligor shall be responsible for paying the remainder of the subsidy cost, if any. (7) Fees.--The Assistant Secretary may establish fees at a level sufficient to cover all or a portion of the costs to the Federal Government of making a secured loan under this section. (8) Non-federal share.--The proceeds of a secured loan under the BIFIA program, if the loan is repayable from non- Federal funds-- (A) may be used for any non-Federal share of project costs required under this subtitle; and (B) shall not count toward the total Federal assistance provided for a project for purposes of paragraph (9). (9) Maximum federal involvement.--The total Federal assistance provided for a project receiving a loan under the BIFIA program shall not exceed 80 percent of the total project cost. (c) Repayment.-- (1) Schedule.--The Assistant Secretary shall establish a repayment schedule for each secured loan under this section based on-- (A) the projected cash flow from project revenues and other repayment sources; and (B) the useful life of the infrastructure for the provision of broadband service being financed. (2) Commencement.--Scheduled loan repayments of principal or interest on a secured loan under this section shall commence not later than 5 years after the date of substantial completion of the project. (3) Deferred payments.-- (A) In general.--If, at any time after the date of substantial completion of the project, the project is unable to generate sufficient revenues to pay the scheduled loan repayments of principal and interest on the secured loan, the Assistant Secretary may, subject to subparagraph (C), allow the obligor to add unpaid principal and interest to the outstanding balance of the secured loan. (B) Interest.--Any payment deferred under subparagraph (A) shall-- (i) continue to accrue interest in accordance with subsection (b)(4) until fully repaid; and (ii) be scheduled to be amortized over the remaining term of the loan. (C) Criteria.-- (i) In general.--Any payment deferral under subparagraph (A) shall be contingent on the project meeting criteria established by the Assistant Secretary. (ii) Repayment standards.--The criteria established pursuant to clause (i) shall include standards for reasonable assurance of repayment. (4) Prepayment.-- (A) Use of excess revenues.--Any excess revenues that remain after satisfying scheduled debt service requirements on the project obligations and secured loan and all deposit requirements under the terms of any trust agreement, bond resolution, or similar agreement securing project obligations may be applied annually to prepay the secured loan without penalty. (B) Use of proceeds of refinancing.--The secured loan may be prepaid at any time without penalty from the proceeds of refinancing from non-Federal funding sources. (d) Sale of Secured Loans.-- (1) In general.--Subject to paragraph (2), as soon as practicable after substantial completion of a project and after notifying the obligor, the Assistant Secretary may sell to another entity or reoffer into the capital markets a secured loan for the project if the Assistant Secretary determines that the sale or reoffering can be made on favorable terms. (2) Consent of obligor.--In making a sale or reoffering under paragraph (1), the Assistant Secretary may not change the original terms and conditions of the secured loan without the written consent of the obligor. (e) Loan Guarantees.-- (1) In general.--The Assistant Secretary may provide a loan guarantee to a lender in lieu of making a secured loan under this section if the Assistant Secretary determines that the budgetary cost of the loan guarantee is substantially the same as that of a secured loan. (2) Terms.--The terms of a loan guarantee under paragraph (1) shall be consistent with the terms required under this section for a secured loan, except that the rate on the guaranteed loan and any prepayment features shall be negotiated between the obligor and the lender, with the consent of the Assistant Secretary. (f) Streamlined Application Process.-- (1) In general.--The Assistant Secretary shall develop one or more expedited application processes, available at the request of entities seeking secured loans under the BIFIA program, that use a set or sets of conventional terms established pursuant to this section. (2) Terms.--In establishing the streamlined application process required by this subsection, the Assistant Secretary may allow for an expedited application period and include terms such as those that require-- (A) that the project be a small project; (B) the secured loan to be secured and payable from pledged revenues not affected by project performance, such as a tax-backed revenue pledge, tax increment financing, or a system-backed pledge of project revenues; and (C) repayment of the loan to commence not later than 5 years after disbursement. SEC. 3205. LINES OF CREDIT. (a) In General.-- (1) Agreements.--Subject to paragraphs (2) through (4), the Assistant Secretary may enter into agreements to make available to one or more obligors lines of credit in the form of direct loans to be made by the Assistant Secretary at future dates on the occurrence of certain events for any project selected under section 3203. (2) Use of proceeds.--The proceeds of a line of credit made available under this section shall be available to pay debt service on project obligations issued to finance eligible project costs, extraordinary repair and replacement costs, operation and maintenance expenses, and costs associated with unexpected Federal or State environmental restrictions. (3) Risk assessment.-- (A) In general.--Except as provided in subparagraph (B), before entering into an agreement under this subsection, the Assistant Secretary, in consultation with the Director of the Office of Management and Budget and each rating agency providing a preliminary rating opinion letter under section 3203(b)(2)(A), shall determine an appropriate capital reserve subsidy amount for each line of credit, taking into account the rating opinion letter. (B) Small projects.--Before entering into an agreement under this subsection to make available a line of credit for a small project, the Assistant Secretary, in consultation with the Director of the Office of Management and Budget, shall determine an appropriate capital reserve subsidy amount for each such line of credit, taking into account the alternative documentation provided under section 3203(b)(2)(B) instead of preliminary rating opinion letters provided under section 3203(b)(2)(A). (4) Investment-grade rating requirement.--The funding of a line of credit under this section shall be contingent on-- (A) the senior obligations of the project receiving an investment-grade rating from 2 rating agencies; or (B) in the case of a small project, the project meeting an alternative standard that the Assistant Secretary shall establish under section 3206 for purposes of this paragraph. (b) Terms and Limitations.-- (1) In general.--A line of credit under this section with respect to a project shall be on such terms and conditions and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Assistant Secretary determines to be appropriate. (2) Maximum amounts.--The total amount of a line of credit under this section shall not exceed 33 percent of the reasonably anticipated eligible project costs. (3) Draws.--Any draw on a line of credit under this section shall-- (A) represent a direct loan; and (B) be made only if net revenues from the project (including capitalized interest, but not including reasonably required financing reserves) are insufficient to pay the costs specified in subsection (a)(2). (4) Interest rate.--The interest rate on a direct loan resulting from a draw on the line of credit shall be not less than the yield on 30-year United States Treasury securities, as of the date of execution of the line of credit agreement. (5) Security.--A line of credit issued under this section-- (A) shall-- (i) be payable, in whole or in part, from-- (I) amounts charged to-- (aa) subscribers of broadband service for such service; or (bb) subscribers of any related service provided over the same infrastructure for such related service; (II) user fees; (III) payments owing to the obligor under a public-private partnership; or (IV) other dedicated revenue sources that also secure the senior project obligations; and (ii) include a coverage requirement or similar security feature supporting the project obligations; and (B) may have a lien on revenues described in subparagraph (A), subject to any lien securing project obligations. (6) Period of availability.--The full amount of a line of credit under this section, to the extent not drawn upon, shall be available during the 10-year period beginning on the date of substantial completion of the project. (7) Rights of third-party creditors.-- (A) Against federal government.--A third-party creditor of the obligor shall not have any right against the Federal Government with respect to any draw on a line of credit under this section. (B) Assignment.--An obligor may assign a line of credit under this section to-- (i) one or more lenders; or (ii) a trustee on the behalf of such a lender. (8) Nonsubordination.-- (A) In general.--Except as provided in subparagraph (B), a direct loan under this section shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obligor. (B) Pre-existing indenture.-- (i) In general.--The Assistant Secretary shall waive the requirement of subparagraph (A) for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture, if-- (I) the line of credit-- (aa) is rated in the A category or higher; or (bb) in the case of a small project, meets an alternative standard that the Assistant Secretary shall establish under section 3206 for purposes of this subclause; (II) the BIFIA program loan resulting from a draw on the line of credit is payable from pledged revenues not affected by project performance, such as a tax-backed revenue pledge or a system-backed pledge of project revenues; and (III) the BIFIA program share of eligible project costs is 33 percent or less. (ii) Limitation.--If the Assistant Secretary waives the nonsubordination requirement under this subparagraph-- (I) the maximum credit subsidy to be paid by the Federal Government shall be not more than 10 percent of the principal amount of the secured loan; and (II) the obligor shall be responsible for paying the remainder of the subsidy cost. (9) Fees.--The Assistant Secretary may establish fees at a level sufficient to cover all or a portion of the costs to the Federal Government of providing a line of credit under this section. (10) Relationship to other credit instruments.--A project that receives a line of credit under this section also shall not receive a secured loan or loan guarantee under section 3204 in an amount that, combined with the amount of the line of credit, exceeds 49 percent of eligible project costs. (c) Repayment.-- (1) Terms and conditions.--The Assistant Secretary shall establish repayment terms and conditions for each direct loan under this section based on-- (A) the projected cash flow from project revenues and other repayment sources; and (B) the useful life of the infrastructure for the provision of broadband service being financed. (2) Timing.--All repayments of principal or interest on a direct loan under this section shall be scheduled-- (A) to commence not later than 5 years after the end of the period of availability specified in subsection (b)(6); and (B) to conclude, with full repayment of principal and interest, by the date that is 25 years after the end of the period of availability specified in subsection (b)(6). SEC. 3206. ALTERNATIVE PRUDENTIAL LENDING STANDARDS FOR SMALL PROJECTS. Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary shall establish alternative, streamlined prudential lending standards for small projects receiving credit assistance under the BIFIA program to ensure that such projects pose no additional risk to the Federal Government, as compared with projects that are not small projects. SEC. 3207. PROGRAM ADMINISTRATION. (a) Requirement.--The Assistant Secretary shall establish a uniform system to service the Federal credit instruments made available under the BIFIA program. (b) Fees.--The Assistant Secretary may collect and spend fees, contingent on authority being provided in appropriations Acts, at a level that is sufficient to cover-- (1) the costs of services of expert firms retained pursuant to subsection (d); and (2) all or a portion of the costs to the Federal Government of servicing the Federal credit instruments. (c) Servicer.-- (1) In general.--The Assistant Secretary may appoint a financial entity to assist the Assistant Secretary in servicing the Federal credit instruments. (2) Duties.--A servicer appointed under paragraph (1) shall act as the agent for the Assistant Secretary. (3) Fee.--A servicer appointed under paragraph (1) shall receive a servicing fee, subject to approval by the Assistant Secretary. (d) Assistance From Expert Firms.--The Assistant Secretary may retain the services of expert firms, including counsel, in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments. (e) Expedited Processing.--The Assistant Secretary shall implement procedures and measures to economize the time and cost involved in obtaining approval and the issuance of credit assistance under the BIFIA program. (f) Assistance to Small Projects.--Of the amount appropriated under section 3210(a), and after the set-aside for administrative expenses under section 3210(b), not less than 20 percent shall be made available for the Assistant Secretary to use in lieu of fees collected under subsection (b) for small projects. SEC. 3208. STATE AND LOCAL PERMITS. The provision of credit assistance under the BIFIA program with respect to a project shall not-- (1) relieve any recipient of the assistance of any obligation to obtain any required State or local permit or approval with respect to the project; (2) limit the right of any unit of State or local government to approve or regulate any rate of return on private equity invested in the project; or (3) otherwise supersede any State or local law (including any regulation) applicable to the construction or operation of the project. SEC. 3209. REGULATIONS. The Assistant Secretary may promulgate such regulations as the Assistant Secretary determines to be appropriate to carry out the BIFIA program. SEC. 3210. FUNDING. (a) Authorization of Appropriations.--There is authorized to be appropriated to the Assistant Secretary $5,000,000,000 for fiscal year 2022 to carry out this subtitle, and such amount is authorized to remain available through fiscal year 2026. (b) Administrative Expenses.--Of the amount appropriated under subsection (a), the Assistant Secretary may use not more than 5 percent for the administration of the BIFIA program. SEC. 3211. REPORTS TO CONGRESS. (a) In General.--Not later than 1 year after the date of the enactment of this Act, and every 2 years thereafter, the Assistant Secretary shall submit to Congress a report summarizing the financial performance of the projects that are receiving, or have received, assistance under the BIFIA program, including a recommendation as to whether the objectives of the BIFIA program are best served by-- (1) continuing the program under the authority of the Assistant Secretary; or (2) establishing a Federal corporation or federally sponsored enterprise to administer the program. (b) Application Process Report.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Assistant Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes a list of all of the letters of interest and applications received for assistance under the BIFIA program during the preceding fiscal year. (2) Inclusions.-- (A) In general.--Each report under paragraph (1) shall include, at a minimum, a description of, with respect to each letter of interest and application included in the report-- (i) the date on which the letter of interest or application was received; (ii) the date on which a notification was provided to the applicant regarding whether the application was complete or incomplete; (iii) the date on which a revised and completed application was submitted (if applicable); (iv) the date on which a notification was provided to the applicant regarding whether the project was approved or disapproved; and (v) if the project was not approved, the reason for the disapproval. (B) Correspondence.--Each report under paragraph (1) shall include copies of any correspondence provided to the applicant in accordance with section 3203(d). Subtitle C--Wi-Fi on School Buses SEC. 3301. E-RATE SUPPORT FOR SCHOOL BUS WI-FI. (a) Definition.--In this section, the term ``school bus'' means a passenger motor vehicle that is-- (1) designed to carry a driver and not less than 5 passengers; and (2) used significantly to transport early child education, elementary school, or secondary school students to or from school or an event related to school. (b) Rulemaking.--Notwithstanding the limitations under paragraphs (1)(B) and (2)(A) of section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)) regarding the authorized recipients and uses of discounted telecommunications services, not later than 180 days after the date of enactment of this Act, the Commission shall commence a rulemaking to make the provision of Wi-Fi access on school buses eligible for support under the E-rate program of the Commission set forth under subpart F of part 54 of title 47, Code of Federal Regulations. TITLE IV--COMMUNITY BROADBAND SEC. 4001. STATE, LOCAL, PUBLIC-PRIVATE PARTNERSHIP, AND CO-OP BROADBAND SERVICES. Section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302) is amended-- (1) by redesignating subsection (d) as subsection (e) and inserting after subsection (c) the following: ``(d) State, Local, Public-Private Partnership, and Co-Op Advanced Telecommunications Capability and Services.-- ``(1) In general.--No State statute, regulation, or other State legal requirement may prohibit or have the effect of prohibiting any public provider, public-private partnership provider, or cooperatively organized provider from providing, to any person or any public or private entity, advanced telecommunications capability or any service that utilizes the advanced telecommunications capability provided by such provider. ``(2) Antidiscrimination safeguards.-- ``(A) Public providers.--To the extent any public provider regulates competing private providers of advanced telecommunications capability or services that utilize advanced telecommunications capability, such public provider shall apply its ordinances and rules without discrimination in favor of itself or any provider that it owns of services that utilize advanced telecommunications capability. ``(B) Public-private partnership providers.--To the extent any State or local entity that is part of a public-private partnership provider regulates competing private providers of advanced telecommunications capability or services that utilize advanced telecommunications capability, such State or local entity shall apply its ordinances and rules without discrimination in favor of such public-private partnership provider or any provider that such State or local entity or public-private partnership provider owns of services that utilize advanced telecommunications capability. ``(3) Savings clause.--Nothing in this subsection shall exempt a public provider, public-private partnership provider, or cooperatively organized provider from any Federal or State telecommunications law or regulation that applies to all providers of advanced telecommunications capability or services that utilize such advanced telecommunications capability.''; and (2) in subsection (e), as redesignated-- (A) in the matter preceding paragraph (1), by striking ``this subsection'' and inserting ``this section''; (B) by redesignating paragraph (2) as paragraph (3); (C) by inserting after paragraph (1) the following: ``(2) Cooperatively organized provider.--The term `cooperatively organized provider' means an entity that is treated as a cooperative under Federal tax law and that provides advanced telecommunications capability, or any service that utilizes such advanced telecommunications capability, to any person or public or private entity.''; and (D) by adding at the end the following: ``(4) Public provider.--The term `public provider' means a State or local entity that provides advanced telecommunications capability, or any service that utilizes such advanced telecommunications capability, to any person or public or private entity. ``(5) Public-private partnership provider.--The term `public-private partnership provider' means a public-private partnership, between a State or local entity and a private entity, that provides advanced telecommunications capability, or any service that utilizes such advanced telecommunications capability, to any person or public or private entity. ``(6) State or local entity.--The term `State or local entity' means a State or political subdivision thereof, any agency, authority, or instrumentality of a State or political subdivision thereof, or an Indian Tribe (as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e))).''. TITLE V--BROADBAND INFRASTRUCTURE DEPLOYMENT SEC. 5001. BROADBAND INFRASTRUCTURE DEPLOYMENT. (a) Definitions.--In this section: (1) Appropriate state agency.--The term ``appropriate State agency'' means a State governmental agency that is recognized by the executive branch of the State as having the experience necessary to evaluate and facilitate the installation and operation of broadband infrastructure within the State. (2) Broadband.--The term ``broadband'' has the meaning given the term ``advanced telecommunications capability'' in section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302). (3) Broadband conduit.--The term ``broadband conduit'' means a conduit or innerduct for fiber optic cables (or successor technology of greater quality and speed) that supports the provision of broadband. (4) Broadband infrastructure.--The term ``broadband infrastructure'' means any buried or underground facility and any wireless or wireline connection that enables the provision of broadband. (5) Broadband provider.--The term ``broadband provider'' means an entity that provides broadband to any person or facilitates provision of broadband to any person, including, with respect to such entity-- (A) a corporation, company, association, firm, partnership, nonprofit organization, or any other private entity; (B) a State or local broadband provider; (C) an Indian Tribe; and (D) a partnership between any of the entities described in subparagraphs (A), (B), and (C). (6) Covered highway construction project.-- (A) In general.--The term ``covered highway construction project'' means, without regard to ownership of a highway, a project to construct a new highway or an additional lane for an existing highway, to reconstruct an existing highway, or new construction, including for a paved shoulder. (B) Exclusions.--The term ``covered highway construction project'' excludes any project-- (i) awarded before the date on which regulations required under subsection (b) take effect; (ii) that does not include work beyond the edge of pavement or current paved shoulder; or (iii) that does not require excavation. (7) Dig once requirement.--The term ``dig once requirement'' means a requirement designed to reduce the cost and accelerate the deployment to broadband by minimizing the number and scale of repeated excavations for the installation and maintenance of broadband conduit or broadband infrastructure in rights-of-way. (8) Project.--The term ``project'' has the meaning given such term in section 101 of title 23, United States Code. (9) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (10) State.--The term ``State'' has the meaning given such term in section 401 of title 23, United States Code. (11) State or local broadband provider.--The term ``State or local broadband provider'' means a State or political subdivision thereof, or any agency, authority, or instrumentality of a State or political subdivision thereof, that provides broadband to any person or facilitates the provision of broadband to any person in that State. (12) Tribal government.--The term ``Tribal government'' means the recognized governing body of an Indian Tribe or any agency, authority, or instrumentality of such governing body or such Indian Tribe. (b) Dig Once Requirement.--To facilitate the installation of broadband infrastructure, the Secretary shall, not later than 9 months after the date of enactment of this Act, promulgate regulations to ensure that each State that receives funds under chapter 1 of title 23, United States Code, meets the following requirements: (1) Broadband planning.--The State department of transportation, in consultation with appropriate State agencies, shall-- (A) identify a broadband coordinator, who may have additional responsibilities in the State department of transportation or in another State agency, that is responsible for facilitating the broadband infrastructure right-of-way efforts within the State; and (B) review existing State broadband plans, including existing dig once requirements of the State, municipal governments incorporated under State law, and Tribal governments within the State, to determine opportunities to coordinate projects occurring within or across highway rights-of-way with planned broadband infrastructure projects. (2) Notice of planned construction for broadband providers.-- (A) Notice.--The State department of transportation, in consultation with appropriate State agencies, shall establish a process-- (i) for the registration of broadband providers that seek to be included in the advance notification of, and opportunity to participate in, broadband infrastructure right- of-way facilitation efforts within the State; and (ii) to electronically notify all broadband providers registered under clause (i)-- (I) of the State transportation improvement program on at least an annual basis; and (II) of projects within the highway right-of-way for which Federal funding is expected to be obligated in the subsequent fiscal year. (B) Website.--A State department of transportation shall be considered to meet the requirements of subparagraph (A) if such State department of transportation publishes on a public website-- (i) the State transportation improvement program on at least an annual basis; and (ii) projects within the highway right-of- way for which Federal funding is expected to be obligated in the subsequent fiscal year. (C) Coordination.--The State department of transportation, in consultation with appropriate State agencies, shall establish a process for a broadband provider to commit to installing broadband conduit or broadband infrastructure as part of any project. (3) Required installation of conduit.-- (A) In general.--The State department of transportation shall install broadband conduit, in accordance with this paragraph, except as described in subparagraph (F), as part of any covered highway construction project, unless a broadband provider has committed to install broadband conduit or broadband infrastructure as part of such project in a process described under paragraph (2)(C). (B) Installation requirements.--The State department of transportation shall ensure that-- (i) an appropriate number of broadband conduits, as determined in consultation with the appropriate State agencies, are installed along the highway of a covered highway construction project to accommodate multiple broadband providers, with consideration given to the availability of existing conduits; (ii) the size of each such conduit is consistent with industry best practices and is sufficient to accommodate potential demand, as determined in consultation with the appropriate State agencies; (iii) hand holes and manholes necessary for fiber access and pulling with respect to such conduit are placed at intervals consistent with standards determined in consultation with the appropriate State agencies (which may differ by type of road, topologies, and rurality) and consistent with safety requirements; (iv) each broadband conduit installed pursuant to this paragraph includes a pull tape and is capable of supporting fiber optic cable placement techniques consistent with best practices; and (v) is placed at a depth consistent with requirements of the covered highway construction project and best practices and that, in determining the depth of placement, consideration is given to the location of existing utilities and cable separation requirements of State and local electrical codes. (C) Guidance for the installation of broadband conduit.--The Secretary, in consultation with the Assistant Secretary, shall issue guidance for best practices related to the installation of broadband conduit as described in this paragraph and of conduit and similar infrastructure for intelligent transportation systems (as such term is defined in section 501 of title 23, United States Code) that may utilize broadband conduit installed pursuant to this paragraph. (D) Access.-- (i) In general.--The State department of transportation shall ensure that any requesting broadband provider has access to each broadband conduit installed pursuant to this paragraph, on a competitively neutral and nondiscriminatory basis, and in accordance with State permitting, licensing, leasing, or other similar laws and regulations. (ii) Fee schedule.--The State department of transportation, in consultation with appropriate State agencies, shall publish a fee schedule for a broadband provider to access conduit installed pursuant to this paragraph. Fees in such schedule-- (I) shall be consistent with the fees established pursuant to section 224 of the Communications Act of 1934 (47 U.S.C. 224); (II) may vary by topography, location, type of road, rurality, and other factors in the determination of the State; and (III) may be updated not more frequently than annually. (iii) In-kind compensation.--The State department of transportation may negotiate in- kind compensation with any broadband provider requesting access to broadband conduit installed under the provisions of this paragraph as a replacement for part or all of, but not to exceed, the relevant fee in the fee schedule described in clause (ii). (iv) Safety considerations.--The State department of transportation shall require of broadband providers a process for safe access to the highway right-of-way during installation and on-going maintenance of the broadband fiber optic cables including a traffic control safety plan. (v) Communication.--A broadband provider with access to the conduit installed pursuant to this subsection shall notify and receive permission from the relevant agencies of State responsible for the installation of such broadband conduit prior to accessing any highway or highway right-of-way, in accordance with applicable Federal requirements. (E) Treatment of projects.--Notwithstanding any other provision of law, broadband conduit and broadband infrastructure installation projects under this paragraph shall comply with section 113(a) of title 23, United States Code. (F) Waiver authority.-- (i) In general.--A State department of transportation may waive the required installation of broadband conduit for part or all of any covered highway construction project under this paragraph if, in the determination of the State-- (I) broadband infrastructure, terrestrial broadband infrastructure, aerial broadband fiber cables, or broadband conduit is present near a majority of the length of the covered highway construction project; (II) the installation of conduit increases overall costs of a covered highway construction project by 1.5 percent or greater; (III) the installation of broadband conduit associated with covered highway construction project will not be utilized or connected to future broadband infrastructure in the next 20 years, in the determination of the State department of transportation, in consultation with appropriate State agencies and potentially affected local governments and Tribal governments; (IV) the requirements of this paragraph would require installation of conduit redundant with a dig once requirement of a local or Tribal government; (V) there exists a circumstance involving force majeure; or (VI) other relevant factors, as determined by the Secretary in consultation with the Assistant Secretary through regulation, warrant a waiver. (ii) Contents of waiver.--A waiver authorized under this subparagraph shall-- (I) identify the covered highway construction project; and (II) include a brief description of the determination of the State for issuing such waiver. (iii) Availability of waiver.--A waiver authorized under this subparagraph shall be included in the plans, specifications, and estimates for the associated project, as long as such info is publicly available. (4) Priority.--If a State provides for the installation of broadband infrastructure or broadband conduit in the right-of- way of an applicable project under this subsection, the State department of transportation, along with appropriate State agencies, shall carry out appropriate measures to ensure that any existing broadband providers are afforded equal opportunity access, as compared to other broadband providers, with respect to the program under this subsection. (5) Consultation.-- (A) In general.--In promulgating regulations required by this subsection or to implement any part of this section, the Secretary shall consult-- (i) the Assistant Secretary; (ii) the Commission; (iii) State departments of transportation; (iv) appropriate State agencies; (v) agencies of local governments responsible for transportation and rights-of- way, utilities, and telecommunications and broadband; (vi) Tribal governments; (vii) broadband providers; and (viii) manufacturers of optical fiber, conduit, pull tape, and related items. (B) Broadband users.--The Secretary shall ensure that the entities consulted under clauses (iii) through (vi) of subparagraph (A) include rural areas and populations with limited access to broadband infrastructure. (C) Broadband providers.--The Secretary shall ensure that the entities consulted under clause (vii) of subparagraph (A) include entities who provide broadband to rural areas and populations with limited access to broadband infrastructure. (6) Prohibition on unfunded mandate.-- (A) In general.--This subsection shall apply only to projects for which Federal obligations or expenditures are initially approved on or after the date regulations required under this subsection take effect. (B) No mandate.--Absent an available and dedicated Federal source of funding-- (i) nothing in this subsection establishes a mandate or requirement that a State install broadband conduit in a highway right-of-way; and (ii) nothing in paragraph (3) shall establish any requirement for a State. (7) Rules of construction.-- (A) State law.--Nothing in this subsection shall be construed to require a State to install or allow the installation of broadband conduit or broadband infrastructure-- (i) that is otherwise inconsistent with what is allowable under State law; or (ii) where the State lacks the authority or property easement necessary for such installation. (B) No requirement for installation of mobile services equipment.--Nothing in this section shall be construed to require a State, a municipal government incorporated under State law, or an Indian Tribe to install or allow for the installation of equipment essential for the provision of commercial mobile services (as defined in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d))) or commercial mobile data service (as defined in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401)), other than broadband conduit and associated equipment described in paragraph (3)(B). (c) Relation to State Dig Once Requirements.--Nothing in subsection (b) or any regulations promulgated under subsection (b) shall be construed to alter or supersede any provision of a State law or regulation that provides for a dig once requirement that includes similar or more stringent requirements to the provisions of subsection (b) and any regulations promulgated under subsection (b). (d) Dig Once Funding Task Force.-- (1) Establishment.--There is established an independent task force on funding the nationwide dig once requirement described in this section to be known as the ``Dig Once Funding Task Force'' (hereinafter referred to as the ``Task Force''). (2) Duties.--The duties of the Task Force shall be to-- (A) estimate the annual cost for implementing and administering a nationwide dig once requirement; and (B) propose and evaluate options for funding a nationwide dig once requirement described in this section that includes-- (i) a discussion of the role and potential share of costs of-- (I) the Federal Government; (II) State, local, and Tribal governments; and (III) broadband providers; and (ii) consideration of the role of existing dig once requirements of State, local, and Tribal governments and private broadband investment, with a goal to not discourage or disincentivize such dig once requirements or such investment. (3) Reports.-- (A) Interim report and briefing.--Not later than 9 months after the date of enactment of this Act, the Task Force shall submit an interim report to Congress and provide briefings for Congress on the findings of the Task Force. (B) Final report.--Not later than 12 months after the date of enactment of this Act, the Task Force shall submit a final report to Congress on the findings of the Task Force. (4) Members.-- (A) Appointments.--The Task Force shall consist of 14 members, consisting of-- (i) the two co-chairs described in subparagraph (B); (ii) six members jointly appointed by the Speaker and minority leader of the House of Representatives, in consultation with the respective Chairs and Ranking Members of the-- (I) the Committee on Transportation and Infrastructure of the House of Representatives; (II) the Committee on Energy and Commerce of the House of Representatives; and (III) the Committee on Appropriations of the House of Representatives; and (iii) six members jointly appointed by the majority leader and minority leader of the Senate, in consultation with the respective Chairs and Ranking Members of the-- (I) the Committee on Environment and Public Works of the Senate; (II) the Committee on Commerce, Science, and Transportation of the Senate; and (III) the Committee on Appropriations of the Senate. (B) Co-chairs.--The Task Force shall be co-chaired by the Secretary and the Assistant Secretary, or their designees. (C) Composition.--The Task Force shall include at least-- (i) one representative from a State department of transportation; (ii) one representative from a local government; (iii) one representative from a Tribal government; (iv) one representative from a broadband provider; (v) one representative from a State or local broadband provider; (vi) one representative from a labor union; and (vii) one representative from a public interest organization. (D) Appointment deadline.--Members shall be appointed to the Task Force not later than 60 days after the date of enactment of this Act. (E) Effect of lack of appointment by appointment date.--If one or more appointments required under subparagraph (A) is not made by the appointment date specified in subparagraph (D), the authority to make such appointment or appointments shall expire and the number of members of the Task Force shall be reduced by the number equal to the number of appointments so expired. (F) Terms.--Members shall be appointed for the life of the Task Force. A vacancy in the Task Force shall not affect its powers and shall be filled in the same manner as the initial appointment was made. (5) Consultations.--In carrying out the duties required under this subsection, the Task Force shall consult, at a minimum-- (A) the Commission; (B) agencies of States including-- (i) State departments of transportation; and (ii) appropriate State agencies; (C) agencies of local governments responsible for transportation and rights of way, utilities, and telecommunications and broadband; (D) Tribal governments; (E) broadband providers and other telecommunications providers; (F) labor unions; and (G) State or local broadband providers and Tribal governments that act as broadband providers. (6) Additional provisions.-- (A) Expenses for non-federal members.--Non-Federal members of the Task Force shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Task Force. (B) Staff.--Staff of the Task Force shall comprise detailees with relevant expertise from the Department of Transportation and the National Telecommunications and Information Administration, or another Federal agency the co-chairpersons consider appropriate, with the consent of the head of the Federal agency, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (C) Administrative assistance.--The Secretary and Assistant Secretary shall provide to the Task Force on a reimbursable basis administrative support and other services for the performance of the functions of the Task Force. (7) Termination.--The Task Force shall terminate not later than 90 days after issuance of the final report required under paragraph (3)(B). <all>

Accessible, Affordable Internet for All Act

To make high-speed broadband internet service accessible and affordable to all Americans, and for other purposes.

Accessible, Affordable Internet for All Act Broadband Infrastructure Finance and Innovation Act of 2021

Rep. Clyburn, James E.

D

SC