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H.R.1848

Science, Technology, Communications

Leading Infrastructure For Tomorrow’s America Act or the LIFT America Act This bill establishes several programs and incentives to modernize the nation's communications, drinking water, energy, transportation, health care, and other related infrastructure. For example, the bill provides incentives to make broadband internet more accessible and affordable. It also establishes grants to implement next generation 9-1-1 services. In addition, it supports drinking water programs, including the drinking water state revolving fund program. Further, it provides grants to treat perfluoroalkyl or polyfluoroalkyl substances (commonly referred to as PFAS) in drinking water and to replace lead service lines. The bill establishes a variety of programs to support clean energy infrastructure and address climate change, including efforts to (1) modernize the electric grid and make it more resilient, efficient, and secure; (2) increase energy efficiency in buildings; and (3) support renewable energy infrastructure. Further, it provides incentives for vehicle infrastructure, such as incentives to develop infrastructure for electric vehicles and grants to reduce air pollution at ports by electrifying port infrastructure. Additionally, the bill establishes grants and programs for health care infrastructure, including by providing support for the Centers for Disease Control and Prevention, laboratories, and state, local, tribal, and territorial health departments. Finally, the bill reauthorizes grant programs to remediate brownfield sites (i.e., sites contaminated with hazardous substances) through FY2026.

To rebuild and modernize the Nation's infrastructure to expand access to broadband and Next Generation 9-1-1, rehabilitate drinking water infrastructure, modernize the electric grid and energy supply infrastructure, redevelop brownfields, strengthen health care infrastructure, create jobs, and protect public health and the environment, and for other 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 ``Leading Infrastructure For Tomorrow's America Act'' or the ``LIFT America Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--UNIVERSAL BROADBAND AND NEXT GENERATION 9-1-1 Sec. 10001. Definitions. Sec. 10002. Sense of Congress. Sec. 10003. Severability. Subtitle A--Digital Equity Sec. 11001. Definitions. Part 1--Office of Internet Connectivity and Growth Sec. 11101. Annual report of Office. Sec. 11102. Study and report on affordability of adoption of broadband service. Sec. 11103. Authorization of appropriations. Sec. 11104. Study and recommendations to connect socially disadvantaged individuals. Part 2--Digital Equity Programs Sec. 11201. State Digital Equity Capacity Grant Program. Sec. 11202. Digital Equity Competitive Grant Program. Sec. 11203. Policy research, data collection, analysis and modeling, evaluation, and dissemination. Sec. 11204. General provisions. Subtitle B--Broadband Affordability and Pricing Transparency Part 1--Broadband Affordability Sec. 12101. Authorization for additional funds for the Emergency Broadband Connectivity Fund. Sec. 12102. Grants to States to strengthen National Lifeline Eligibility Verifier. Sec. 12103. Federal coordination between National Eligibility Verifier and National Accuracy Clearinghouse. Sec. 12104. Definitions. Part 2--Additional Authorization for Emergency Connectivity Fund Sec. 12201. Additional authorization for Emergency Connectivity Fund. Part 3--Pricing Transparency Sec. 12301. Definitions. Sec. 12302. Broadband transparency. Sec. 12303. Distribution of data. Sec. 12304. Coordination with certain other Federal agencies. Sec. 12305. Adoption of consumer broadband labels. Sec. 12306. GAO report. Subtitle C--Broadband Access Part 1--Expansion of Broadband Access Sec. 13101. Expansion of broadband access in unserved areas and areas with low-tier or mid-tier service. Sec. 13102. Tribal internet expansion. Part 2--Broadband Infrastructure Finance and Innovation Sec. 13201. Short title. Sec. 13202. Definitions. Sec. 13203. Determination of eligibility and project selection. Sec. 13204. Secured loans. Sec. 13205. Lines of credit. Sec. 13206. Alternative prudential lending standards for small projects. Sec. 13207. Program administration. Sec. 13208. State and local permits. Sec. 13209. Regulations. Sec. 13210. Funding. Sec. 13211. Reports to Congress. Part 3--Wi-Fi on School Buses Sec. 13301. E-rate support for school bus Wi-Fi. Subtitle D--Community Broadband Sec. 14001. State, local, public-private partnership, and co-op broadband services. Subtitle E--Next Generation 9-1-1 Sec. 15001. Further deployment of Next Generation 9-1-1. TITLE II--DRINKING WATER INFRASTRUCTURE Sec. 20001. Drinking Water SRF Funding. Sec. 20002. Drinking water system resilience funding. Sec. 20003. PFAS treatment grants. Sec. 20004. Lead service line replacement. Sec. 20005. Assistance for areas affected by natural disasters. Sec. 20006. Allotments for territories. TITLE III--CLEAN ENERGY INFRASTRUCTURE Subtitle A--Grid Security and Modernization Sec. 31001. 21st century power grid. Sec. 31002. Strategic transformer reserve program. Subtitle B--Energy Efficient Infrastructure Part 1--Efficiency Grants for State and Local Governments Sec. 32101. Energy efficient public buildings. Sec. 32102. Energy Efficiency and Conservation Block Grant Program. Part 2--Energy Improvements at Public School Facilities Sec. 32201. Grants for energy efficiency improvements and renewable energy improvements at public school facilities. Part 3--HOPE for HOMES Sec. 32301. Definitions. subpart a--hope training Sec. 32311. Notice for HOPE Qualification training and grants. Sec. 32312. Course criteria. Sec. 32313. HOPE Qualification. Sec. 32314. Grants. Sec. 32315. Authorization of appropriations. subpart b--home energy savings retrofit rebate program Sec. 32321. Establishment of Home Energy Savings Retrofit Rebate Program. Sec. 32322. Partial system rebates. Sec. 32323. State administered rebates. Sec. 32324. Special provisions for moderate income households. Sec. 32325. Evaluation reports to Congress. Sec. 32326. Administration. Sec. 32327. Treatment of rebates. Sec. 32328. Authorization of appropriations. subpart c--general provisions Sec. 32331. Appointment of personnel. Sec. 32332. Maintenance of funding. Part 4--Energy and Water Performance at Federal Facilities Sec. 32401. Energy and water performance requirement for Federal facilities. Part 5--Open Back Better Sec. 32501. Facilities energy resiliency. Sec. 32502. Personnel. Subtitle C--Energy Supply Infrastructure Sec. 33001. Grant program for solar installations located in, or that serve, low-income and underserved areas. Sec. 33002. Improving the natural gas distribution system. Sec. 33003. Distributed energy resources. Sec. 33004. Clean Energy and Sustainability Accelerator. Sec. 33005. Dam safety. Subtitle D--Smart Communities Infrastructure Part 1--Smart Communities Sec. 34101. 3C energy program. Sec. 34102. Federal technology assistance. Sec. 34103. Technology demonstration grant program. Sec. 34104. Smart city or community. Part 2--Clean Cities Coalition Program Sec. 34201. Clean Cities Coalition Program. Part 3--Vehicle Infrastructure subpart a--electric vehicle infrastructure Sec. 34311. Definitions. Sec. 34312. Electric vehicle supply equipment rebate program. Sec. 34313. Model building code for electric vehicle supply equipment. Sec. 34314. Electric vehicle supply equipment coordination. Sec. 34315. State consideration of electric vehicle charging. Sec. 34316. State energy plans. Sec. 34317. Transportation electrification. Sec. 34318. Federal fleets. subpart b--electric vehicles for underserved communities Sec. 34321. Expanding access to electric vehicles in underserved and disadvantaged communities. Sec. 34322. Ensuring program benefits for underserved and disadvantaged communities. Sec. 34323. Definitions. subpart c--port electrification and decarbonization Sec. 34331. Definitions. Sec. 34332. Grants to reduce air pollution at ports. Sec. 34333. Model methodologies. Sec. 34334. Port electrification. Sec. 34335. Authorization of appropriations. subpart d--other vehicles Sec. 34341. Clean School Bus Program. Sec. 34342. Pilot program for the electrification of certain refrigerated vehicles. Sec. 34343. Domestic Manufacturing Conversion Grant Program. Sec. 34344. Advanced technology vehicles manufacturing incentive program. TITLE IV--HEALTH CARE INFRASTRUCTURE Sec. 40001. Core public health infrastructure for State, local, Tribal, and territorial health departments. Sec. 40002. Core public health infrastructure and activities for CDC. Sec. 40003. Hospital infrastructure. Sec. 40004. Pilot program to improve laboratory infrastructure. Sec. 40005. 21st century Indian health program hospitals and outpatient health care facilities. Sec. 40006. Pilot program to improve community-based care infrastructure. Sec. 40007. Community Health Center Capital Project Funding. Sec. 40008. Energy efficiency. TITLE V--BROWNFIELDS REDEVELOPMENT Sec. 50001. Authorization of appropriations. Sec. 50002. State response programs. TITLE I--UNIVERSAL BROADBAND AND NEXT GENERATION 9-1-1 SEC. 10001. DEFINITIONS. In this title: (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. 10002. 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. 10003. SEVERABILITY. If any provision of this title, an amendment made by this title, or the application of such provision or amendment to any person or circumstance is held to be invalid, the remainder of this title and the amendments made by this title, and the application of such provision or amendment to any other person or circumstance, shall not be affected thereby. Subtitle A--Digital Equity SEC. 11001. DEFINITIONS. In this subtitle: (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 11201 and the Digital Equity Competitive Grant Program established under section 11202. (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 11201(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 11201(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 subtitle. (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). PART 1--OFFICE OF INTERNET CONNECTIVITY AND GROWTH SEC. 11101. 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. 11102. 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 subsection, 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 11001 of the Leading Infrastructure For Tomorrow's America Act.''. SEC. 11103. 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. 11104. 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 11102, 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 11001 of the Leading Infrastructure For Tomorrow's America Act.''. PART 2--DIGITAL EQUITY PROGRAMS SEC. 11201. 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 11202(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 11202(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 11203(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. 11202. 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 11201(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 10001(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 11201(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 part-- (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 11203(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. 11203. 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 11201(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 11201 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 11202 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 11201(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. 11204. 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 part. (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 part 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 part, $1,000,000 for fiscal year 2022, and such amount is authorized to remain available through fiscal year 2026. Subtitle B--Broadband Affordability and Pricing Transparency PART 1--BROADBAND AFFORDABILITY SEC. 12101. 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) $6,000,000,000 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. 12102. 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. 12103. 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. 12104. DEFINITIONS. In this part: (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. PART 2--ADDITIONAL AUTHORIZATION FOR EMERGENCY CONNECTIVITY FUND SEC. 12201. 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. PART 3--PRICING TRANSPARENCY SEC. 12301. DEFINITIONS. In this part: (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. 12302. 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. 12303. 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 part 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 title; (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. 12304. 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''; 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. 12305. 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. 12306. 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. Subtitle C--Broadband Access PART 1--EXPANSION OF BROADBAND ACCESS SEC. 13101. 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. 13102. 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''. PART 2--BROADBAND INFRASTRUCTURE FINANCE AND INNOVATION SEC. 13201. SHORT TITLE. This part may be cited as the ``Broadband Infrastructure Finance and Innovation Act of 2021''. SEC. 13202. DEFINITIONS. In this part: (1) BIFIA program.--The term ``BIFIA program'' means the broadband infrastructure finance and innovation program established under this part. (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 13205 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 13204. (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. 13203. 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 13206 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 part, 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 13206 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 part 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 13202(3)(A). SEC. 13204. 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 13203; (B) to refinance interim construction financing of eligible project costs of any project selected under section 13203; 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 13203; or (ii) otherwise meets the requirements of section 13203. (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 13203(b)(2)(A)(ii) or, in the case of a small project, the alternative documentation provided under section 13203(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 13206 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 part; 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. 13205. 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 13203. (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 13203(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 13203(b)(2)(B) instead of preliminary rating opinion letters provided under section 13203(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 13206 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 13206 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 13204 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. 13206. 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. 13207. 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 13210(a), and after the set-aside for administrative expenses under section 13210(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. 13208. 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. 13209. REGULATIONS. The Assistant Secretary may promulgate such regulations as the Assistant Secretary determines to be appropriate to carry out the BIFIA program. SEC. 13210. 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 part, 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. 13211. 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 13203(d). PART 3--WI-FI ON SCHOOL BUSES SEC. 13301. 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. Subtitle D--Community Broadband SEC. 14001. 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))).''. Subtitle E--Next Generation 9-1-1 SEC. 15001. FURTHER DEPLOYMENT OF NEXT GENERATION 9-1-1. (a) Findings.--Congress finds the following: (1) The 9-1-1 systems of the United States, while a model for the entire world, lack the advanced functionality, interoperability, reliability, and capabilities that come with the adoption of new digital communications technologies. (2) Communications technologies currently available to the public, including first responders and other public safety personnel, have substantially outpaced the legacy communications technologies still used by most emergency communications centers in the 9-1-1 systems of the United States. (3) This lack of modern technology, when coupled with other challenges, is impacting the ability of the 9-1-1 systems of the United States to efficiently and effectively provide responses to emergencies. (4) Modernizing the 9-1-1 systems of the United States to incorporate the new and evolving capabilities of broadband voice and data communications is essential for the safety and security of the public, including first responders and other public safety personnel. (5) Efforts to modernize the 9-1-1 systems of the United States to date, while laudable and important, have been limited due to a lack of funding and inconsistent or unclear policies related to the governance, deployment, and operations of Next Generation 9-1-1. (6) A nationwide strategy for Next Generation 9-1-1 has become essential to help guide the transition and create a common framework for implementation of Next Generation 9-1-1 while preserving State, regional, and local control over the governance and technology choices of the 9-1-1 systems of the United States. (7) Accelerated implementation of Next Generation 9-1-1 will-- (A) increase compatibility with emerging communications trends; (B) enhance the flexibility, reliability, and survivability of the 9-1-1 systems of the United States during major incidents; (C) improve emergency response for the public, including first responders and other public safety personnel; (D) promote the interoperability of the 9-1-1 systems of the United States with emergency response providers including users of the Nationwide Public Safety Broadband Network being deployed by the First Responder Network Authority; and (E) increase the cost effectiveness of operating the 9-1-1 systems of the United States. (b) Sense of Congress.--It is the sense of Congress that-- (1) the 9-1-1 professionals in the United States perform important and lifesaving work every day, and need the tools and communications technologies to perform the work effectively in a world with digital communications technologies; (2) the transition from the legacy communications technologies used in the 9-1-1 systems of the United States to Next Generation 9-1-1 is a national priority and a national imperative; (3) the United States should complete the transition described in paragraph (2) as soon as practicable; (4) the United States should develop a nationwide framework that facilitates cooperation among Federal, State, and local officials on deployment of Next Generation 9-1-1 in order to meet that goal; (5) the term ``Public Safety Answering Point'' becomes outdated in a broadband environment and 9-1-1 centers are increasingly and appropriately being referred to as emergency communications centers; and (6) 9-1-1 authorities and emergency communications centers should have sufficient resources to implement Next Generation 9-1-1, including resources to support associated geographic information systems (commonly known as ``GIS''), and cybersecurity measures. (c) Statement of Policy.--It is the policy of the United States that-- (1) Next Generation 9-1-1 should be technologically and competitively neutral; (2) Next Generation 9-1-1 should be interoperable and reliable; (3) the governance and control of the 9-1-1 systems of the United States, including Next Generation 9-1-1, should remain at the State, regional, and local level; and (4) individuals in the United States should receive information on how to best utilize Next Generation 9-1-1 and on its capabilities and usefulness. (d) Coordination of Next Generation 9-1-1 Implementation.--Part C of title I of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.) is amended by adding at the end the following: ``SEC. 159. COORDINATION OF NEXT GENERATION 9-1-1 IMPLEMENTATION. ``(a) Additional Functions of 9-1-1 Implementation Coordination Office.-- ``(1) Authority.--The Office shall implement the provisions of this section. ``(2) Management plan.-- ``(A) Development.--The Assistant Secretary and the Administrator shall develop and may modify a management plan for the grant program established under this section, including by developing-- ``(i) plans related to the organizational structure of such program; and ``(ii) funding profiles for each fiscal year of the duration of such program. ``(B) Submission to congress.--Not later than 90 days after the date of the enactment of this section or 90 days after the date on which the plan is modified, as applicable, the Assistant Secretary and the Administrator shall submit the management plan developed or modified, as applicable, under subparagraph (A) to-- ``(i) the Committees on Commerce, Science, and Transportation and Appropriations of the Senate; and ``(ii) the Committees on Energy and Commerce and Appropriations of the House of Representatives. ``(3) Purpose of office.--The Office shall-- ``(A) take actions, in concert with coordinators designated in accordance with subsection (b)(2)(A)(ii), to improve coordination and communication with respect to the implementation of Next Generation 9-1-1; ``(B) develop, collect, and disseminate information concerning practices, procedures, and technology used in the implementation of Next Generation 9-1-1; ``(C) advise and assist eligible entities in the preparation of implementation plans required under subsection (b)(2)(A)(iii); ``(D) provide technical assistance to grantees in support of efforts to explore efficiencies related to Next Generation 9-1-1 functions; ``(E) receive, review, and recommend the approval or disapproval of applications for grants under subsection (b); and ``(F) oversee the use of funds provided by such grants in fulfilling such implementation plans. ``(4) Annual reports.--Not later than October 1 of each year, the Assistant Secretary and the Administrator shall submit to Congress a report on the activities of the Office to meet the requirements described under paragraph (3) for the previous year. ``(5) Nationwide next generation 9-1-1 security operations center.-- ``(A) Establishment.--There is established within the Office the Nationwide Next Generation 9-1-1 Security Operations Center. ``(B) Organization.--The Office shall consider the recommendations of the Next Generation 9-1-1 Advisory Board established under section 160 in selecting the appropriate personnel to best fulfill the Center's mission. ``(C) Mission.--The Center shall-- ``(i) serve as a centralized emergency communications cybersecurity center that has the ability to provide integrated intrusion, detection and prevention services at multiple levels and layers, in support of local operations; ``(ii) provide forensic data to cyber responders and investigators in the event of an incident; ``(iii) activate pre-planned mitigation measures as agreed upon with emergency communications centers and as appropriate during a cyber incident; ``(iv) assist application vendors and third parties with a public safety mission, such as mental health hotlines, telehealth providers, vehicle telematics provider, and alarm companies, in ensuring secure connectivity and providing vetted and secure services; and ``(v) assist Federal, State, and local law enforcement in identifying cyber criminals whether located in the United States or internationally. ``(b) Next Generation 9-1-1 Implementation Grants.-- ``(1) Grants.--The Assistant Secretary and the Administrator, acting through the Office, shall provide grants to eligible entities for-- ``(A) the implementation of Next Generation 9-1-1; ``(B) establishing and maintaining Next Generation 9-1-1; ``(C) training directly related to Next Generation 9-1-1 if-- ``(i) the cost related to the training does not exceed 3 percent of the total grant award, or up to 5 percent of the total grant award if sufficiently justified to the Office; and ``(ii) permissible costs may include-- ``(I) actual wages incurred for travel and attendance, including any necessary overtime pay and backfill wage; ``(II) travel expenses; ``(III) instructor expenses; and ``(IV) facility costs and training materials; ``(D) public outreach and education on how best to use Next Generation 9-1-1 and the capabilities and usefulness of Next Generation 9-1-1; and ``(E) administrative cost associated with planning and implementation of Next Generation 9-1-1, including any cost related to planning for and preparing an application and related materials as required by this subsection, if-- ``(i) the cost is fully documented in materials submitted to the Office; and ``(ii) the cost is reasonable, necessary, and does not exceed 1 percent of the total grant award for an eligible entity and 1 percent of the total grant award for an emergency communications center. ``(2) Coordination required.--In providing grants under paragraph (1), the Assistant Secretary and the Administrator, acting through the Office, shall require an eligible entity to certify in the application that-- ``(A) in the case of an eligible entity that is a State, the entity-- ``(i) has coordinated the application with the emergency communications centers located within the jurisdiction of the entity; ``(ii) has designated a single officer or governmental body to serve as the State point of contact to coordinate the implementation of Next Generation 9-1-1 for that State, except that such designation need not vest such coordinator with direct legal authority to implement Next Generation 9-1-1 or to manage emergency communications operations; and ``(iii) has developed and submitted a plan for the coordination and implementation of Next Generation 9-1-1 that-- ``(I) ensures interoperability by requiring the use of commonly accepted standards; ``(II) ensures reliable operations; ``(III) enables emergency communications centers to process, analyze, and store multimedia, data, and other information; ``(IV) incorporates the use of effective cybersecurity resources; ``(V) uses open and competitive request for proposal processes, including through shared government procurement vehicles, for deployment of Next Generation 9-1-1; ``(VI) documents how input was received and accounted for from relevant rural and urban emergency communications centers, regional authorities, local authorities, and Tribal authorities; ``(VII) includes a governance body or bodies, either by creation of new or use of existing body or bodies, for the development and deployment of Next Generation 9-1-1 that-- ``(aa) ensures full notice and opportunity for participation by relevant stakeholders; and ``(bb) consults and coordinates with the State point of contact required by clause (ii); ``(VIII) creates efficiencies related to Next Generation 9-1-1 functions, including cybersecurity and the virtualization and sharing of infrastructure, equipment, and services; and ``(IX) that an effective, competitive approach to establishing authentication, credentialing, secure connections, and access is utilized, including by-- ``(aa) requiring certificate authorities to be capable of cross-certification with other authorities; ``(bb) avoiding risk of a single point of failure or vulnerability; and ``(cc) adhering to Federal agency best practices such as those promulgated by the National Institute of Standards and Technology; and ``(B) in the case of an eligible entity that is a Tribal Organization, the Tribal Organization has complied with clauses (i) and (iii) of subparagraph (A), and the State in which the Tribal Organization is located has complied with clause (ii) of such subparagraph. ``(3) Criteria.-- ``(A) In general.--Not later than 9 months after the date of the enactment of this section, the Assistant Secretary and the Administrator shall issue regulations, after providing the public with notice and an opportunity to comment, prescribing the criteria for selection for grants under this subsection. ``(B) Requirements.--The criteria shall-- ``(i) include performance requirements and a schedule for completion of any project to be financed by a grant under this subsection; and ``(ii) specifically permit regional or multi-State applications for funds. ``(C) Updates.--The Assistant Secretary and the Administrator shall update such regulations as necessary. ``(4) Grant certifications.--Each applicant for a grant under this subsection shall certify to the Assistant Secretary and the Administrator at the time of application, and each applicant that receives such a grant shall certify to the Assistant Secretary and the Administrator annually thereafter during any period of time the funds from the grant are available to the applicant, that-- ``(A) no portion of any designated 9-1-1 charges imposed by a State or other taxing jurisdiction within which the applicant is located are being obligated or expended for any purpose other than the purposes for which such charges are designated or presented during the period beginning 180 days immediately preceding the date on which the application was filed and continuing through the period of time during which the funds from the grant are available to the applicant; ``(B) any funds received by the applicant will be used to support deployment of Next Generation 9-1-1 that ensures reliability and, by requiring the use of commonly accepted standards, interoperability; ``(C) the State in which the applicant resides has established, or has committed to establish no later than 3 years following the date on which the funds are distributed to the applicant, a sustainable funding mechanism for Next Generation 9-1-1 and effective cybersecurity resources to be deployed pursuant to the grant; ``(D) the applicant will promote interoperability between Next Generation 9-1-1 emergency communications centers and emergency response providers including users of the nationwide public safety broadband network implemented by the First Responder Network Authority; ``(E) the applicant has or will take steps to coordinate with adjoining States to establish and maintain Next Generation 9-1-1; and ``(F) the applicant has developed a plan for public outreach and education on how to best use Next Generation 9-1-1 and on its capabilities and usefulness. ``(5) Condition of grant.--Each applicant for a grant under this subsection shall agree, as a condition of receipt of the grant, that if the State or other taxing jurisdiction within which the applicant is located, during any period of time during which the funds from the grant are available to the applicant, fails to comply with the certifications required under paragraph (4), all of the funds from such grant shall be returned to the Office. ``(6) Penalty for providing false information.--Any applicant that provides a certification under paragraph (5) knowing that the information provided in the certification was false shall-- ``(A) not be eligible to receive the grant under this subsection; ``(B) return any grant awarded under this subsection during the time that the certification was not valid; and ``(C) not be eligible to receive any subsequent grants under this subsection. ``(7) Prohibition.--Grants provided under this subsection may not be used-- ``(A) for any component of the Nationwide Public Safety Broadband Network; or ``(B) to make any payments to a person who has been, for reasons of national security, prohibited by any entity of the Federal Government from bidding on a contract, participating in an auction, or receiving a grant. ``(8) Funding and termination.--In addition to any funds authorized for grants under section 158, there is authorized to be appropriated $15,000,000,000 for fiscal years 2022 through 2026, of which $24,000,000 may be used by the Office for reasonable and necessary administrative costs associated with the grant program and to establish the Nationwide Next Generation 9-1-1 Security Operations Center under subsection (a)(5). ``(c) Definitions.--In this section and section 160: ``(1) 9-1-1 request for emergency assistance.--The term `9- 1-1 request for emergency assistance' means a communication, such as voice, text, picture, multimedia, or any other type of data that is sent to an emergency communications center for the purpose of requesting emergency assistance. ``(2) Administrator.--The term `Administrator' means the Administrator of the National Highway Traffic Safety Administration. ``(3) Commonly accepted standards.--The term `commonly accepted standards' means the technical standards followed by the communications industry for network, device, and Internet Protocol connectivity that enable interoperability, including but not limited to-- ``(A) standards developed by the Third Generation Partnership Project (3GPP), the Institute of Electrical and Electronics Engineers (IEEE), the Alliance for Telecommunications Industry Solutions (ATIS), the Internet Engineering Taskforce (IETF), and the International Telecommunications Union (ITU); and ``(B) standards approved by the American National Standards Institute (ANSI) that meet the definition of interoperable within this section. ``(4) Designated 9-1-1 charges.--The term `designated 9-1-1 charges' means any taxes, fees, or other charges imposed by a State or other taxing jurisdiction that are designated or presented as dedicated to deliver or improve 9-1-1 services, E9-1-1 services (as defined in section 158(e)), or Next Generation 9-1-1. ``(5) Eligible entity.--The term `eligible entity'-- ``(A) means a State or a Tribal organization (as defined in section 4(l) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304)); ``(B) includes public authorities, boards, commissions, and similar bodies created by one or more eligible entities described in subparagraph (A) to coordinate or provide Next Generation 9-1-1; and ``(C) does not include any entity that has failed to submit the certifications required under subsection (b)(4). ``(6) Emergency communications center.--The term `emergency communications center' means a facility that is designated to receive a 9-1-1 request for emergency assistance and perform one or more of the following functions: ``(A) Process and analyze 9-1-1 requests for emergency assistance and other gathered information. ``(B) Dispatch appropriate emergency response providers. ``(C) Transfer or exchange 9-1-1 requests for emergency assistance and other gathered information with other emergency communications centers and emergency response providers. ``(D) Analyze any communications received from emergency response providers. ``(E) Support incident command functions. ``(7) Emergency response provider.--The term `emergency response provider' has the meaning given that term under section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101). ``(8) Interoperable.--The term `interoperable' or `interoperability' means the capability of emergency communications centers to receive 9-1-1 requests for emergency assistance and related data such as location information and callback numbers from the public, then process and share the 9- 1-1 requests for emergency assistance and related data with other emergency communications centers and emergency response providers without the need for proprietary interfaces and regardless of jurisdiction, equipment, device, software, service provider, or other relevant factors. ``(9) Nationwide.--The term `nationwide' means each State of the United States, the District of Columbia, Puerto Rico, American Samoa, Guam, the United States Virgin Islands, the Northern Mariana Islands, any other territory or possession of the United States, and each federally recognized Indian Tribe. ``(10) Nationwide public safety broadband network.--The term `nationwide public safety broadband network' has the meaning given the term in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401). ``(11) Next generation 9-1-1.--The term Next Generation 9- 1-1 means an interoperable, secure, Internet Protocol-based system that-- ``(A) employs commonly accepted standards; ``(B) enables the appropriate emergency communications centers to receive, process, and analyze all types of 9-1-1 requests for emergency assistance; ``(C) acquires and integrates additional information useful to handling 9-1-1 requests for emergency assistance; and ``(D) supports sharing information related to 9-1-1 requests for emergency assistance among emergency communications centers and emergency response providers. ``(12) Office.--The term `Office' means the Next Generation 9-1-1 Implementation Coordination Office established under section 158. ``(13) Reliability.--The term `reliability' or `reliable' means the employment of sufficient measures to ensure the ongoing operation of Next Generation 9-1-1 including through the use of geo-diverse, device- and network-agnostic elements that provide more than one physical route between end points with no common points where a single failure at that point would cause all to fail. ``(14) State.--The term `State' means any State of the United States, the District of Columbia, Puerto Rico, American Samoa, Guam, the United States Virgin Islands, the Northern Mariana Islands, and any other territory or possession of the United States. ``(15) Sustainable funding mechanism.--The term `sustainable funding mechanism' means a funding mechanism that provides adequate revenues to cover ongoing expenses, including operations, maintenance, and upgrades. ``SEC. 160. ESTABLISHMENT OF NEXT GENERATION 9-1-1 ADVISORY BOARD. ``(a) Establishment.--The Assistant Secretary and Administrator, acting through the Office, shall establish a `Next Generation 9-1-1 Advisory Board' (in this section referred to as the `Board') to advise the Office in carrying out its duties and responsibilities under this section and section 159. ``(b) Membership.-- ``(1) Voting members.--Not later than 30 days after the date of enactment of this section, the Assistant Secretary and Administrator, acting through the Office, shall appoint 16 public safety members to the Board, of which-- ``(A) 4 members shall be representative of local law enforcement officials; ``(B) 4 members shall be representative of fire and rescue officials; ``(C) 4 members shall be representative of emergency medical service officials; and ``(D) 4 members shall be representative of 9-1-1 professionals. ``(2) Diversity of membership.--Members shall be representatives of State and local governments, chosen to reflect geographic and population density differences as well as public safety organizations at the national level across the United States. ``(3) Expertise.--All members shall have specific expertise necessary for developing technical requirements under this section, such as technical expertise, and public safety communications and 9-1-1 expertise. ``(4) Rank and file members.--A rank and file member from each of the public safety disciplines listed in subparagraphs (A), (B), and (C), of paragraph (1) shall be appointed as a voting member of the Board and shall be selected from an organization that represents their public safety discipline at the national level. ``(c) Period of Appointment.-- ``(1) In general.--Except as provided in paragraph (2), members of the Board shall be appointed for the life of the Board. ``(2) Removal for cause.--A member of the Board may be removed for cause upon the determination of the Assistant Secretary and Administrator. ``(d) Vacancies.--Any vacancy in the Board shall be filled in the same manner as the original appointment. ``(e) Quorum.--A majority of the members of the Board shall constitute a quorum. ``(f) Chairperson and Vice Chairperson.--The Board shall select a Chairperson and Vice Chairperson from among the voting members of the Board. ``(g) Duties of the Board.--Not later than 120 days after the date of the enactment of this section, the Board shall submit to the Office recommendations concerning: ``(1) the importance of deploying Next Generation 9-1-1 in rural and urban areas; ``(2) the importance of ensuring flexibility in guidance, rules, and grant funding to allow for technology improvements; ``(3) the value of creating efficiencies related to Next Generation 9-1-1 functions, including cybersecurity and the virtualization and sharing of core infrastructure; ``(4) the value of enabling effective coordination among State, local, Tribal, and territorial government entities to ensure that the needs of emergency communications centers in both rural and urban areas are taken into account in each plan for the coordination and implementation of Next Generation 9-1- 1; and ``(5) the relevance of existing cybersecurity resources to Next Generation 9-1-1 procurement and deployment. ``(h) Consideration by the Office.--The Office shall consider the recommendations of the Board as the Office carries out the responsibilities of the Office under this section. ``(i) Exemption From FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board. ``(j) Duration of Authority.--The Board shall remain in place throughout the period that grant funds are authorized under section 159(b)(1) to provide additional advice from time to time to the Office.''. (e) Savings Provision.--Nothing in this section or any amendment made by this section shall affect any application pending or grant awarded under section 158 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 942) before the date of the enactment of this section. TITLE II--DRINKING WATER INFRASTRUCTURE SEC. 20001. DRINKING WATER SRF FUNDING. (a) Funding.-- (1) State revolving loan funds.--Section 1452(m)(1) of the Safe Drinking Water Act (42 U.S.C. 300j-12(m)(1)) is amended-- (A) in subparagraph (B), by striking ``and''; (B) in subparagraph (C), by striking ``2021.'' and inserting ``2021;''; and (C) by adding at the end the following: ``(D) $4,140,000,000 for fiscal year 2022; ``(E) $4,800,000,000 for fiscal year 2023; and ``(F) $5,500,000,000 for each of fiscal years 2024 through 2026.''. (2) Indian reservation drinking water program.--Section 2001(d) of America's Water Infrastructure Act of 2018 (Public Law 115-270) is amended by striking ``2022'' and inserting ``2026''. (3) 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''. (4) 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''. (5) 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''. (b) American Iron and Steel Products.--Section 1452(a)(4)(A) of the Safe Drinking Water Act (42 U.S.C. 300j-12(a)(4)(A)) is amended by striking ``During fiscal years 2019 through 2023, funds'' and inserting ``Funds''. SEC. 20002. DRINKING WATER SYSTEM RESILIENCE FUNDING. Section 1433(g)(6) of the Safe Drinking Water Act (42 U.S.C. 300i- 2(g)(6)) is amended-- (1) by striking ``25,000,000'' and inserting ``50,000,000''; and (2) by striking ``2020 and 2021'' and inserting ``2022 through 2026''. SEC. 20003. PFAS TREATMENT GRANTS. (a) Establishment of PFAS Infrastructure Grant Program.--Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by adding at the end the following new section: ``SEC. 1459E. ASSISTANCE FOR COMMUNITY WATER SYSTEMS AFFECTED BY PFAS. ``(a) Establishment.--Not later than 180 days after the date of enactment of this section, the Administrator shall establish a program to award grants to affected community water systems to pay for capital costs associated with the implementation of eligible treatment technologies. ``(b) Applications.-- ``(1) Guidance.--Not later than 12 months after the date of enactment of this section, the Administrator shall publish guidance describing the form and timing for community water systems to apply for grants under this section. ``(2) Required information.--The Administrator shall require a community water system applying for a grant under this section to submit-- ``(A) information showing the presence of PFAS in water of the community water system; and ``(B) a certification that the treatment technology in use by the community water system at the time of application is not sufficient to remove all detectable amounts of PFAS. ``(c) List of Eligible Treatment Technologies.--Not later than 150 days after the date of enactment of this section, and every 2 years thereafter, the Administrator shall publish a list of treatment technologies that the Administrator determines are effective at removing all detectable amounts of PFAS from drinking water. ``(d) Priority for Funding.--In awarding grants under this section, the Administrator shall prioritize affected community water systems that-- ``(1) serve a disadvantaged community; ``(2) will provide at least a 10-percent cost share for the cost of implementing an eligible treatment technology; or ``(3) demonstrate the capacity to maintain the eligible treatment technology to be implemented using the grant. ``(e) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section not more than $500,000,000 for each of the fiscal years 2022 through 2026. ``(2) Special rule.--Of the amounts authorized to be appropriated by paragraph (1), $25,000,000 are authorized to be appropriated for each of fiscal years 2022 and 2023 for grants under subsection (a) to pay for capital costs associated with the implementation of eligible treatment technologies during the period beginning on October 1, 2014, and ending on the date of enactment of this section. ``(f) Definitions.--In this section: ``(1) Affected community water system.--The term `affected community water system' means a community water system that is affected by the presence of PFAS in the water in the community water system. ``(2) Disadvantaged community.--The term `disadvantaged community' has the meaning given that term in section 1452. ``(3) Eligible treatment technology.--The term `eligible treatment technology' means a treatment technology included on the list published under subsection (c).''. (b) Definition.-- Section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f) is amended by adding at the end the following: ``(17) PFAS.--The term `PFAS' means a perfluoroalkyl or polyfluoroalkyl substance with at least one fully fluorinated carbon atom.''. SEC. 20004. LEAD SERVICE LINE REPLACEMENT. (a) In General.--Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) is amended by adding at the end the following: ``(u) Lead Service Line Replacement.-- ``(1) In general.--In addition to the capitalization grants to eligible States under subsection (a)(1), the Administrator shall offer to enter into agreements with eligible States, Indian Tribes, and the territories described in subsection (j) to make capitalization grants, including letters of credit, to such States, Indian Tribes, and territories under this subsection to fund the replacement of lead service lines. ``(2) Allotments.-- ``(A) States.--Funds made available under this subsection shall be allotted and reallotted to the extent practicable, to States as if allotted or reallotted under subsection (a)(1) as a capitalization grant under such subsection. ``(B) Indian tribes.--The Administrator shall set aside 1\1/2\ percent of the amounts made available each fiscal year to carry out this subsection to make grants to Indian Tribes. ``(C) Other areas.--The funds made available under this subsection shall be allotted to territories described in subsection (j) in accordance with such subsection. ``(3) Priority.--Each State that has entered into a capitalization agreement pursuant to this section shall annually prepare a plan that identifies the intended uses of the amounts made available pursuant to this subsection, which shall-- ``(A) comply with the requirements of subsection (b)(2); and ``(B) provide, to the maximum extent practicable, that priority for the use of funds be given to projects that replace lead service lines serving disadvantaged communities and environmental justice communities. ``(4) American made iron and steel and prevailing wages.-- The requirements of paragraphs (4) and (5) of subsection (a) shall apply to any project carried out in whole or in part with funds made available under this subsection. ``(5) Limitation.-- ``(A) Prohibition on partial line replacement.-- None of the funds made available under this subsection may be used for partial lead service line replacement if, at the conclusion of the service line replacement, drinking water is delivered to a household, or to a property under the jurisdiction of a local educational agency, through a publicly or privately owned portion of a lead service line. ``(B) No homeowner contribution.--Any recipient of funds made available under this subsection shall offer to replace any privately owned portion of the lead service line at no cost to the private owner. ``(6) State contribution.--Notwithstanding subsection (e), agreements under paragraph (1) shall not require that the State deposit in the State loan fund from State moneys any contribution before receiving funds pursuant to this subsection. ``(7) Authorization of appropriations.-- ``(A) In general.--There are authorized to be appropriated to carry out this subsection $4,500,000,000 for each of fiscal years 2022 through 2026. Such sums shall remain available until expended. ``(B) Additional amounts.--To the extent amounts authorized to be appropriated under this subsection in any fiscal year are not appropriated in that fiscal year, such amounts are authorized to be appropriated in a subsequent fiscal year. Such sums shall remain available until expended. ``(8) Definitions.--For purposes of this subsection: ``(A) Disadvantaged community.--The term `disadvantaged community' has the meaning given such term in subsection (d)(3). ``(B) Environmental justice community.--The term `environmental justice community' means any population of color, community of color, indigenous community, or low-income community that experiences a disproportionate burden of the negative human health and environmental impacts of pollution or other environmental hazards. ``(C) Lead service line.--The term `lead service line' means a pipe and its fittings, which are not lead free (as defined in section 1417(d)), that connect the drinking water main to the building inlet.''. (b) Conforming Amendment.--Section 1452(m)(1) of the Safe Drinking Water Act (42 U.S.C. 300j-12(m)(1)) is amended by striking ``(a)(2)(G) and (t)'' and inserting ``(a)(2)(G), (t), and (u)''. SEC. 20005. ASSISTANCE FOR AREAS AFFECTED BY NATURAL DISASTERS. Section 2020 of America's Water Infrastructure Act of 2018 (Public Law 115-270) is amended-- (1) in subsection (b)(1), by striking ``subsection (e)(1)'' and inserting ``subsection (f)(1)''; (2) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; (3) by inserting after subsection (b) the following: ``(c) Assistance for Territories.--The Administrator may use funds made available under subsection (f)(1) to make grants to Guam, the Virgin Islands, American Samoa, and the Northern Mariana Islands for the purposes of providing assistance to eligible systems to restore or increase compliance with national primary drinking water regulations.''; and (4) in subsection (f), as so redesignated-- (A) in the heading, by striking ``State Revolving Fund Capitalization''; and (B) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by inserting ``and to make grants under subsection (c) of this section,'' before ``to be available''; and (ii) in subparagraph (A), by inserting ``or subsection (c), as applicable'' after ``subsection (b)(1)''. SEC. 20006. ALLOTMENTS FOR TERRITORIES. Section 1452(j) of the Safe Drinking Water Act (42 U.S.C. 300j- 12(j)) is amended by striking ``0.33 percent'' and inserting ``1.5 percent''. TITLE III--CLEAN ENERGY INFRASTRUCTURE Subtitle A--Grid Security and Modernization SEC. 31001. 21ST CENTURY POWER GRID. (a) In General.--The Secretary of Energy shall establish a program to provide financial assistance to eligible partnerships to carry out projects related to the modernization of the electric grid, including-- (1) projects for the deployment of technologies to improve monitoring of, advanced controls for, and prediction of performance of, a distribution system; and (2) projects related to transmission system planning and operation. (b) Eligible Projects.--Projects for which an eligible partnership may receive financial assistance under subsection (a)-- (1) shall be designed to improve the resiliency, performance, or efficiency of the electric grid, while ensuring the continued provision of safe, secure, reliable, and affordable power; (2) may be designed to deploy a new product or technology that could be used by customers of an electric utility; and (3) shall demonstrate-- (A) secure integration and management of energy resources, including through distributed energy generation, combined heat and power, microgrids, energy storage, electric vehicles charging infrastructure, energy efficiency, demand response, or controllable loads; or (B) secure integration and interoperability of communications and information technologies related to the electric grid. (c) Cybersecurity Plan.--Each project carried out with financial assistance provided under subsection (a) shall include the development of a cybersecurity plan written in accordance with guidelines developed by the Secretary of Energy. (d) Privacy Effects Analysis.--Each project carried out with financial assistance provided under subsection (a) shall include a privacy effects analysis that evaluates the project in accordance with the Voluntary Code of Conduct of the Department of Energy, commonly known as the ``DataGuard Energy Data Privacy Program'', or the most recent revisions to the privacy program of the Department. (e) Definitions.--In this section: (1) Eligible partnership.--The term ``eligible partnership'' means a partnership consisting of two or more entities, which-- (A) may include-- (i) any institution of higher education; (ii) a National Laboratory; (iii) a State or a local government or other public body created by or pursuant to State law; (iv) an Indian Tribe; (v) a Federal power marketing administration; or (vi) an entity that develops and provides technology; and (B) shall include at least one of any of-- (i) an electric utility; (ii) a Regional Transmission Organization; or (iii) an Independent System Operator. (2) Electric utility.--The term ``electric utility'' has the meaning given that term in section 3(22) of the Federal Power Act (16 U.S.C. 796(22)), except that such term does not include an entity described in subparagraph (B) of such section. (3) Federal power marketing administration.--The term ``Federal power marketing administration'' means the Bonneville Power Administration, the Southeastern Power Administration, the Southwestern Power Administration, or the Western Area Power Administration. (4) Independent system operator; regional transmission organization.--The terms ``Independent System Operator'' and ``Regional Transmission Organization'' have the meanings given those terms in section 3 of the Federal Power Act (16 U.S.C. 796). (5) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Energy to carry out this section $700,000,000 for each of fiscal years 2022 through 2026, to remain available until expended. SEC. 31002. STRATEGIC TRANSFORMER RESERVE PROGRAM. (a) Establishment.--The Secretary of Energy shall establish a program to reduce the vulnerability of the electric grid to physical attack, cyber attack, electromagnetic pulse, geomagnetic disturbances, severe weather, climate change, and seismic events, including by-- (1) ensuring that large power transformers, generator step- up transformers, and other critical electric grid equipment are strategically located to ensure timely replacement of such equipment as may be necessary to restore electric grid function rapidly in the event of severe damage to the electric grid due to physical attack, cyber attack, electromagnetic pulse, geomagnetic disturbances, severe weather, climate change, or seismic events; and (2) establishing a coordinated plan to facilitate transportation of large power transformers and other critical electric grid equipment. (b) Transformer Resilience and Advanced Components Program.--The program established under subsection (a) shall include implementation of the Transformer Resilience and Advanced Components program to-- (1) improve large power transformers and other critical electric grid equipment by reducing their vulnerabilities; and (2) develop, test, and deploy innovative equipment designs that are more flexible and offer greater resiliency of electric grid functions. (c) Strategic Equipment Reserves.-- (1) Authorization.--In carrying out the program established under subsection (a), the Secretary may establish one or more federally owned strategic equipment reserves, as appropriate, to ensure nationwide access to reserve equipment. (2) Consideration.--In establishing any federally owned strategic equipment reserve, the Secretary may consider existing spare transformer and equipment programs and requirements established by the private sector, regional transmission operators, independent system operators, and State regulatory authorities. (d) Consultation.--The program established under subsection (a) shall be carried out in consultation with the Federal Energy Regulatory Commission, the Electricity Subsector Coordinating Council, the Electric Reliability Organization, and owners and operators of critical electric infrastructure and defense and military installations. (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $75,000,000 for each of fiscal years 2022 through 2026. Subtitle B--Energy Efficient Infrastructure PART 1--EFFICIENCY GRANTS FOR STATE AND LOCAL GOVERNMENTS SEC. 32101. ENERGY EFFICIENT PUBLIC BUILDINGS. (a) Grants.--Section 125(a) of the Energy Policy Act of 2005 (42 U.S.C. 15822(a)) is amended-- (1) in paragraph (1)-- (A) by inserting ``Standard 90.1 of the American Society of Heating, Refrigerating, and Air-Conditioning Engineers,'' after ``the International Energy Conservation Code,''; and (B) by striking ``; or'' and inserting a semicolon; (2) in paragraph (2), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(3) through benchmarking programs to enable use of building performance data to evaluate the performance of energy efficiency investments over time.''. (b) Assurance of Improvement.--Section 125 of the Energy Policy Act of 2005 (42 U.S.C. 15822) is amended by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and inserting after subsection (a) the following: ``(b) Assurance of Improvement.-- ``(1) Verification.--A State agency receiving a grant for activities described in paragraph (1) or (2) of subsection (a) shall ensure, as a condition of eligibility for assistance pursuant to such grant, that a unit of local government receiving such assistance obtain third-party verification of energy efficiency improvements in each public building with respect to which such assistance is used. ``(2) Guidance.--The Secretary may provide guidance to State agencies to comply with paragraph (1). In developing such guidance, the Secretary shall consider available third-party verification tools for high-performing buildings and available third-party verification tools for energy efficiency retrofits.''. (c) Administration.--Section 125(c) of the Energy Policy Act of 2005, as so redesignated, is amended-- (1) in the matter preceding paragraph (1), by striking ``State energy offices receiving grants'' and inserting ``A State agency receiving a grant''; (2) in paragraph (1), by striking ``; and'' and inserting a semicolon; (3) in paragraph (2), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(3) ensure that all laborers and mechanics employed by contractors and subcontractors in the performance of construction, alteration, or repair work financed in whole or in part with assistance received pursuant to 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 (and with respect to such labor standards, 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).''. (d) Authorization of Appropriations.--Section 125(d) of the Energy Policy Act of 2005, as so redesignated, is amended by striking ``$30,000,000 for each of fiscal years 2006 through 2010'' and inserting ``$100,000,000 for each of fiscal years 2022 through 2026''. SEC. 32102. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM. (a) Purpose.--Section 542(b)(1) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17152(b)(1)) is amended-- (1) in subparagraph (A), by striking ``; and'' and inserting a semicolon; (2) in subparagraph (B), by striking the semicolon and inserting ``; and''; and (3) by adding at the end the following: ``(C) diversifies energy supplies, including by facilitating and promoting the use of alternative fuels;''. (b) Use of Funds.--Section 544 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17154) is amended-- (1) by amending paragraph (9) to read as follows: ``(9) deployment of energy distribution technologies that significantly increase energy efficiency or expand access to alternative fuels, including-- ``(A) distributed resources; ``(B) district heating and cooling systems; and ``(C) infrastructure for delivering alternative fuels;''; (2) in paragraph (13)(D), by striking ``and''; (3) by redesignating paragraph (14) as paragraph (15); and (4) by adding after paragraph (13) the following: ``(14) programs for financing energy efficiency, renewable energy, and zero-emission transportation (and associated infrastructure) capital investments, projects, and programs-- ``(A) which may include loan programs and performance contracting programs for leveraging of additional public and private sector funds, and programs which allow rebates, grants, or other incentives for the purchase and installation of energy efficiency, renewable energy, and zero-emission transportation (and associated infrastructure) measures; or ``(B) in addition to or in lieu of programs described in subparagraph (A), which may be used in connection with public or nonprofit buildings owned and operated by a State, a political subdivision of a State or an agency or instrumentality of a State, or an organization exempt from taxation under section 501(c)(3) of title 26, United States Code; and''. (c) Competitive Grants.--Section 546(c)(2) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17156(c)(2)) is amended by inserting ``, including projects to expand the use of alternative fuels'' before the period at the end. (d) Funding.--Section 548(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17158(a)) is amended to read as follows: ``(a) Authorization of Appropriations.-- ``(1) Grants.--There is authorized to be appropriated to the Secretary for the provision of grants under the program $3,500,000,000 for each of fiscal years 2022 through 2026. ``(2) Administrative costs.--There is authorized to be appropriated to the Secretary for administrative expenses of the program $35,000,000 for each of fiscal years 2022 through 2026.''. (e) Technical Amendments.--Section 543 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17153) is amended-- (1) in subsection (c), by striking ``subsection (a)(2)'' and inserting ``subsection (a)(3)''; and (2) in subsection (d), by striking ``subsection (a)(3)'' and inserting ``subsection (a)(4)''. PART 2--ENERGY IMPROVEMENTS AT PUBLIC SCHOOL FACILITIES SEC. 32201. GRANTS FOR ENERGY EFFICIENCY IMPROVEMENTS AND RENEWABLE ENERGY IMPROVEMENTS AT PUBLIC SCHOOL FACILITIES. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means a consortium of-- (A) one local educational agency; and (B) one or more-- (i) schools; (ii) nonprofit organizations; (iii) for-profit organizations; or (iv) community partners that have the knowledge and capacity to partner and assist with energy improvements. (2) Energy improvements.--The term ``energy improvements'' means-- (A) any improvement, repair, or renovation, to a school that will result in a direct reduction in school energy costs including but not limited to improvements to building envelope, air conditioning, ventilation, heating system, domestic hot water heating, compressed air systems, distribution systems, lighting, power systems and controls; (B) any improvement, repair, renovation, or installation that leads to an improvement in teacher and student health including but not limited to indoor air quality, daylighting, ventilation, electrical lighting, and acoustics; and (C) the installation of renewable energy technologies (such as wind power, photovoltaics, solar thermal systems, geothermal energy, hydrogen-fueled systems, biomass-based systems, biofuels, anaerobic digesters, and hydropower) involved in the improvement, repair, or renovation to a school. (b) Authority.--From amounts made available for grants under this section, the Secretary of Energy shall provide competitive grants to eligible entities to make energy improvements authorized by this section. (c) Priority.--In making grants under this subsection, the Secretary shall give priority to eligible entities that have renovation, repair, and improvement funding needs and are-- (1) a high-need local educational agency, as defined in section 2102 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6602); or (2) a local educational agency designated with a metrocentric locale code of 41, 42, or 43 as determined by the National Center for Education Statistics (NCES), in conjunction with the Bureau of the Census, using the NCES system for classifying local educational agencies. (d) Competitive Criteria.--The competitive criteria used by the Secretary shall include the following: (1) The fiscal capacity of the eligible entity to meet the needs for improvements of school facilities without assistance under this section, including the ability of the eligible entity to raise funds through the use of local bonding capacity and otherwise. (2) The likelihood that the local educational agency or eligible entity will maintain, in good condition, any facility whose improvement is assisted. (3) The potential energy efficiency and safety benefits from the proposed energy improvements. (e) Applications.--To be eligible to receive a grant under this section, an applicant must submit to the Secretary an application that includes each of the following: (1) A needs assessment of the current condition of the school and facilities that are to receive the energy improvements. (2) A draft work plan of what the applicant hopes to achieve at the school and a description of the energy improvements to be carried out. (3) A description of the applicant's capacity to provide services and comprehensive support to make the energy improvements. (4) An assessment of the applicant's expected needs for operation and maintenance training funds, and a plan for use of those funds, if any. (5) An assessment of the expected energy efficiency and safety benefits of the energy improvements. (6) A cost estimate of the proposed energy improvements. (7) An identification of other resources that are available to carry out the activities for which funds are requested under this section, including the availability of utility programs and public benefit funds. (f) Use of Grant Amounts.-- (1) In general.--The recipient of a grant under this section shall use the grant amounts only to make the energy improvements contemplated in the application, subject to the other provisions of this subsection. (2) Operation and maintenance training.--The recipient may use up to 5 percent for operation and maintenance training for energy efficiency and renewable energy improvements (such as maintenance staff and teacher training, education, and preventative maintenance training). (3) Audit.--The recipient may use funds for a third-party investigation and analysis for energy improvements (such as energy audits and existing building commissioning). (4) Continuing education.--The recipient may use up to 1 percent of the grant amounts to develop a continuing education curriculum relating to energy improvements. (g) Contracting Requirements.-- (1) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any energy improvements funded by a grant under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the Davis-Bacon Act). (2) Competition.--Each applicant that receives funds shall ensure that, if the applicant carries out repair or renovation through a contract, any such contract process-- (A) ensures the maximum number of qualified bidders, including small, minority, and women-owned businesses, through full and open competition; and (B) gives priority to businesses located in, or resources common to, the State or the geographical area in which the project is carried out. (h) Reporting.--Each recipient of a grant under this section shall submit to the Secretary, at such time as the Secretary may require, a report describing the use of such funds for energy improvements, the estimated cost savings realized by those energy improvements, the results of any audit, the use of any utility programs and public benefit funds and the use of performance tracking for energy improvements (such as the Department of Energy: Energy Star program or LEED for Existing Buildings). (i) Best Practices.--The Secretary shall develop and publish guidelines and best practices for activities carried out under this section. (j) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2022 through 2026. PART 3--HOPE FOR HOMES SEC. 32301. DEFINITIONS. In this part: (1) Contractor certification.--The term ``contractor certification'' means an industry recognized certification that may be obtained by a residential contractor to advance the expertise and education of the contractor in energy efficiency retrofits of residential buildings, including-- (A) a certification provided by-- (i) the Building Performance Institute; (ii) the Air Conditioning Contractors of America; (iii) the National Comfort Institute; (iv) the North American Technician Excellence; (v) RESNET; (vi) the United States Green Building Council; or (vii) Home Innovation Research Labs; and (B) any other certification the Secretary determines appropriate for purposes of the Home Energy Savings Retrofit Rebate Program. (2) Contractor company.--The term ``contractor company'' means a company-- (A) the business of which is to provide services to residential building owners with respect to HVAC systems, insulation, air sealing, or other services that are approved by the Secretary; (B) that holds the licenses and insurance required by the State in which the company provides services; and (C) that provides services for which a partial system rebate, measured performance rebate, or modeled performance rebate may be provided pursuant to the Home Energy Savings Retrofit Rebate Program. (3) Energy audit.--The term ``energy audit'' means an inspection, survey, and analysis of the energy use of a building, including the building envelope and HVAC system. (4) Home.--The term ``home'' means a manufactured home (as such term is defined in section 603 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5402)), or a residential dwelling unit in a building with no more than 4 dwelling units that-- (A) is located in the United States; (B) was constructed before the date of enactment of this Act; and (C) is occupied at least 6 months out of the year. (5) Home energy savings retrofit rebate program.--The term ``Home Energy Savings Retrofit Rebate Program'' means the Home Energy Savings Retrofit Rebate Program established under section 32321. (6) Homeowner.--The term ``homeowner'' means the owner of an owner-occupied home or a tenant-occupied home. (7) Home valuation certification.--The term ``home valuation certification'' means the following home assessments: (A) Home Energy Score. (B) PEARL Certification. (C) National Green Building Standard. (D) LEED. (E) Any other assessment the Secretary determines to be appropriate. (8) HOPE qualification.--The term ``HOPE Qualification'' means the qualification described in section 32313. (9) HOPE training credit.--The term ``HOPE training credit'' means a HOPE training task credit or a HOPE training supplemental credit. (10) HOPE training task credit.--The term ``HOPE training task credit'' means a credit described in section 32312(a). (11) HOPE training supplemental credit.--The term ``HOPE training supplemental credit'' means a credit described in section 32312(b). (12) HVAC system.--The term ``HVAC system'' means a system-- (A) consisting of a heating component, a ventilation component, and an air-conditioning component; and (B) which components may include central air conditioning, a heat pump, a furnace, a boiler, a rooftop unit, and a window unit. (13) Measured performance rebate.--The term ``measured performance rebate'' means a rebate provided in accordance with section 32323 and described in subsection (e) of that section. (14) Modeled performance rebate.--The term ``modeled performance rebate'' means a rebate provided in accordance with section 32323 and described in subsection (d) of that section. (15) Moderate income.--The term ``moderate income'' means, with respect to a household, a household with an annual income that is less than 80 percent of the area median income, as determined annually by the Department of Housing and Urban Development. (16) Multifamily building.--The term ``multifamily building'' means a structure with 5 or more tenant-occupied residential dwelling units that-- (A) is located in the United States; (B) was constructed before the date of enactment of this Act; and (C) is occupied at least 6 months out of the year. (17) Multifamily building owner.--The term ``multifamily building owner'' means the owner of a tenant-occupied multifamily building. (18) Partial system rebate.--The term ``partial system rebate'' means a rebate provided in accordance with section 32322. (19) Secretary.--The term ``Secretary'' means the Secretary of Energy. (20) State.--The term ``State'' includes-- (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; (G) the United States Virgin Islands; and (H) any other territory or possession of the United States. (21) State energy office.--The term ``State energy office'' means the office or agency of a State responsible for developing the State energy conservation plan for the State under section 362 of the Energy Policy and Conservation Act (42 U.S.C. 6322). Subpart A--HOPE Training SEC. 32311. NOTICE FOR HOPE QUALIFICATION TRAINING AND GRANTS. Not later than 30 days after the date of enactment of this Act, the Secretary, acting through the Director of the Building Technologies Office of the Department of Energy, shall issue a notice that includes-- (1) criteria established under section 32312 for approval by the Secretary of courses for which credits may be issued for purposes of a HOPE Qualification; (2) a list of courses that meet such criteria and are so approved; and (3) information on how individuals and entities may apply for grants under this subpart. SEC. 32312. COURSE CRITERIA. (a) HOPE Training Task Credit.-- (1) Criteria.--The Secretary shall establish criteria for approval of a course for which a credit, to be known as a HOPE training task credit, may be issued, including that such course-- (A) is equivalent to at least 30 hours in total course time; (B) is accredited by the Interstate Renewable Energy Council or is determined to be equivalent by the Secretary; (C) is, with respect to a particular job, aligned with the relevant National Renewable Energy Laboratory Job Task Analysis, or other credentialing program foundation that helps identify the necessary core knowledge areas, critical work functions, or skills, as approved by the Secretary; (D) has established learning objectives; and (E) includes, as the Secretary determines appropriate, an appropriate assessment of such learning objectives that may include a final exam, to be proctored on-site or through remote proctoring, or an in-person field exam. (2) Included courses.--The Secretary shall approve one or more courses that meet the criteria described in paragraph (1) for training related to-- (A) contractor certification; (B) energy auditing or assessment, including energy audits and assessments relevant to multifamily buildings; (C) home and multifamily building energy systems (including HVAC systems); (D) insulation installation and air leakage control; (E) health and safety regarding the installation of energy efficiency measures or health and safety impacts associated with energy efficiency retrofits; and (F) indoor air quality. (b) HOPE Training Supplemental Credit Criteria.--The Secretary shall establish criteria for approval of a course for which a credit, to be known as a HOPE training supplemental credit, may be issued, including that such course provides-- (1) training related to-- (A) small business success, including management, home energy efficiency software, or general accounting principles; (B) the issuance of a home valuation certification; (C) the use of Wi-Fi-enabled technology in an energy efficiency upgrade; or (D) understanding and being able to participate in the Home Energy Savings Retrofit Rebate Program; and (2) as the Secretary determines appropriate, an appropriate assessment of such training that may include a final exam, to be proctored on-site or through remote proctoring, or an in- person field exam. (c) Existing Approved Courses.--The Secretary may approve a course that meets the applicable criteria established under this section that is approved by the applicable State energy office or relevant State agency with oversight authority for residential energy efficiency programs. (d) In-Person and Online Training.--An online course approved pursuant to this section may be conducted in-person, but may not be offered exclusively in-person. SEC. 32313. HOPE QUALIFICATION. (a) Issuance of Credits.-- (1) In general.--The Secretary, or an entity authorized by the Secretary pursuant to paragraph (2), may issue-- (A) a HOPE training task credit to any individual that completes a course that meets applicable criteria under section 32312; and (B) a HOPE training supplemental credit to any individual that completes a course that meets the applicable criteria under section 32312. (2) Other entities.--The Secretary may authorize a State energy office implementing an authorized program under subsection (b)(2), an organization described in section 32314(b), and any other entity the Secretary determines appropriate, to issue HOPE training credits in accordance with paragraph (1). (b) HOPE Qualification.-- (1) In general.--The Secretary may certify that an individual has achieved a qualification, to be known as a HOPE Qualification, that indicates that the individual has received at least 3 HOPE training credits, of which at least 2 shall be HOPE training task credits. (2) State programs.--The Secretary may authorize a State energy office to implement a program to provide HOPE Qualifications in accordance with this subpart. SEC. 32314. GRANTS. (a) In General.--The Secretary shall, to the extent amounts are made available in appropriations Acts for such purposes, provide grants to support the training of individuals toward the completion of a HOPE Qualification. (b) Provider Organizations.-- (1) In general.--The Secretary may provide a grant of up to $20,000 under this section to an organization to provide training online, including establishing, modifying, or maintaining the online systems, staff time, and software and online program management, through a course that meets the applicable criteria established under section 32312. (2) Criteria.--In order to receive a grant under this subsection, an organization shall be-- (A) a nonprofit organization; (B) an educational institution; or (C) an organization that has experience providing training to contractors that work with the weatherization assistance program implemented under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.) or equivalent experience, as determined by the Secretary. (3) Additional certifications.--In addition to any grant provided under paragraph (1), the Secretary may provide an organization up to $5,000 for each additional course for which a HOPE training credit may be issued that is offered by the organization. (c) Contractor Company.--The Secretary may provide a grant under this section of $1,000 per employee to a contractor company, up to a maximum of $10,000, to reimburse the contractor company for training costs for employees, and any home technology support needed for an employee to receive training pursuant to this section. Grant funds provided under this subsection may be used to support wages of employees during training. (d) Trainees.--The Secretary may provide a grant of up to $1,000 under this section to an individual who receives a HOPE Qualification. (e) State Energy Office.--The Secretary may provide a grant under this section to a State energy office of up to $25,000 to implement an authorized program under section 32313(b). SEC. 32315. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this subpart $500,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended. Subpart B--Home Energy Savings Retrofit Rebate Program SEC. 32321. ESTABLISHMENT OF HOME ENERGY SAVINGS RETROFIT REBATE PROGRAM. The Secretary shall establish a program, to be known as the Home Energy Savings Retrofit Rebate Program, to-- (1) provide rebates in accordance with section 32322; and (2) provide grants to States to carry out programs to provide rebates in accordance with section 32323. SEC. 32322. PARTIAL SYSTEM REBATES. (a) Amount of Rebate.--In carrying out the Home Energy Savings Retrofit Rebate Program, and subject to the availability of appropriations for such purpose, the Secretary shall provide a homeowner or multifamily building owner a rebate, to be known as a partial system rebate, of, except as provided in section 32324, up to-- (1) $800 for the purchase and installation of insulation and air sealing within a home of the homeowner or the household living in a multifamily building; and (2) $1,500 for the purchase and installation of insulation and air sealing within a home of the homeowner or the household living in a multifamily building and replacement of an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system, of such home. (b) Specifications.-- (1) Cost.--The amount of a partial system rebate provided under this section shall, except as provided in section 32324, not exceed 30 percent of cost of the purchase and installation of insulation and air sealing under subsection (a)(1), or the purchase and installation of insulation and air sealing and replacement of an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system, under subsection (a)(2). Labor may be included in such cost but may not exceed-- (A) in the case of a rebate under subsection (a)(1), 50 percent of such cost; and (B) in the case of a rebate under subsection (a)(2), 25 percent of such cost. (2) Replacement of an hvac system, the heating component of an hvac system, or the cooling component of an hvac system.--In order to qualify for a partial system rebate described in subsection (a)(2)-- (A) any HVAC system, heating component of an HVAC system, or cooling component of an HVAC system installed shall be Energy Star Most Efficient certified; (B) installation of such an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system, shall be completed in accordance with standards specified by the Secretary that are at least as stringent as the applicable guidelines of the Air Conditioning Contractors of America that are in effect on the date of enactment of this Act; (C) if ducts are present, replacement of an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system shall include duct sealing; and (D) the installation of insulation and air sealing shall occur within 6 months of the replacement of the HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system. (c) Additional Incentives for Contractors.--In carrying out the Home Energy Savings Retrofit Rebate Program, the Secretary may provide a $250 payment to a contractor per home of a homeowner or household living in a multifamily building for which-- (1) a partial system rebate is provided under this section for the installation of insulation and air sealing, or installation of insulation and air sealing and replacement of an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system, by the contractor; (2) the applicable homeowner has signed and submitted to the Secretary a release form made available pursuant to section 32326(b) authorizing the contractor access to information in the utility bills of the homeowner or the applicable multifamily building owner has signed and submitted an agreement with the contractor to provide whole-building aggregate information about the building's energy use; and (3) the contractor inputs, into the Department of Energy's Building Performance Database-- (A) the energy usage for the home of a homeowner or for the household living in a multifamily building for the 12 months preceding, and the 24 months following, the installation of insulation and air sealing or installation of insulation and air sealing and replacement of an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system; (B) a description of such installation or installation and replacement; and (C) the total cost to the homeowner or multifamily building owner for such installation or installation and replacement. (d) Process.-- (1) Forms; rebate processing system.--Not later than 90 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of the Treasury, shall-- (A) develop and make available rebate forms required to receive a partial system rebate under this section; (B) establish a Federal rebate processing system which shall serve as a database and information technology system that will allow homeowners and multifamily building owners to submit required rebate forms; and (C) establish a website that provides information on partial system rebates provided under this section, including how to determine whether particular measures qualify for a rebate under this section and how to receive such a rebate. (2) Submission of forms.--In order to receive a partial system rebate under this section, a homeowner or multifamily building owner shall submit the required rebate forms, and any other information the Secretary determines appropriate, to the Federal rebate processing system established pursuant to paragraph (1). (e) Funding.-- (1) Limitation.--For each fiscal year, the Secretary may not use more than 50 percent of the amounts made available to carry out this subpart to carry out this section. (2) Allocation.--The Secretary shall allocate amounts made available to carry out this section for partial system rebates among the States using the same formula as is used to allocate funds for States under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.). SEC. 32323. STATE ADMINISTERED REBATES. (a) Funding.--In carrying out the Home Energy Savings Retrofit Rebate Program, and subject to the availability of appropriations for such purpose, the Secretary shall provide grants to States to carry out programs to provide rebates in accordance with this section. (b) State Participation.-- (1) Plan.--In order to receive a grant under this section a State shall submit to the Secretary an application that includes a plan to implement a State program that meets the minimum criteria under subsection (c). (2) Approval.--Not later than 60 days after receipt of a completed application for a grant under this section, the Secretary shall either approve the application or provide to the applicant an explanation for denying the application. (c) Minimum Criteria for State Programs.--Not later than 6 months after the date of enactment of this Act, the Secretary shall establish and publish minimum criteria for a State program to meet to qualify for funding under this section, including-- (1) that the State program be carried out by the applicable State energy office or its designee; (2) that a rebate be provided under a State program only for a home energy efficiency retrofit that-- (A) is completed by a contractor who meets minimum training requirements and certification requirements set forth by the Secretary; (B) includes installation of one or more home energy efficiency retrofit measures for a home that together are modeled to achieve, or are shown to achieve, a reduction in home energy use of 20 percent or more from the baseline energy use of the home; (C) does not include installation of any measure that the Secretary determines does not improve the thermal energy performance of the home, such as a pool pump, pool heater, spa, or EV charger; and (D) includes, after installation of the applicable home energy efficiency retrofit measures, a test-out procedure conducted in accordance with guidelines issued by the Secretary of such measures to ensure-- (i) the safe operation of all systems post retrofit; and (ii) that all improvements are included in, and have been installed according to-- (I) manufacturers installation specifications; and (II) all applicable State and local codes or equivalent standards approved by the Secretary; (3) that the State program utilize-- (A) for purposes of modeled performance rebates, modeling software approved by the Secretary for determining and documenting the baseline energy use of a home and the reductions in home energy use resulting from the implementation of a home energy efficiency retrofit; and (B) for purposes of measured performance rebates, methods and procedures approved by the Secretary for determining and documenting the baseline energy use of a home and the reductions in home energy use resulting from the implementation of a home energy efficiency retrofit, including methods and procedures for use of advanced metering infrastructure, weather-normalized data, and open source standards, to measure such baseline energy use and such reductions in home energy use; (4) that the State program include implementation of a quality assurance program-- (A) to ensure that home energy efficiency retrofits are achieving the stated level of energy savings, that efficiency measures were installed correctly, and that work is performed in accordance with procedures developed by the Secretary, including through quality- control inspections for a portion of home energy efficiency retrofits completed by each applicable contractor; and (B) under which a quality-control inspection of a home energy efficiency retrofit is performed by a quality assurance provider who-- (i) is independent of the contractor for such retrofit; and (ii) will confirm that such contractor is a contractor who meets minimum training requirements and certification requirements set forth by the Secretary; (5) that the State program include requirements for a homeowner, contractor, or rebate aggregator to claim a rebate, including that the homeowner, contractor, or rebate aggregator submit any applicable forms approved by the Secretary to the State, including a copy of the certificate provided by the applicable contractor certifying projected or measured reduction of home energy use; (6) that the State program may include requirements for an entity to be eligible to serve as a rebate aggregator to facilitate the delivery of rebates to homeowners or contractors; (7) that the State program include procedures for a homeowner to transfer the right to claim a rebate to the contractor performing the applicable home energy efficiency retrofit or to a rebate aggregator that works with the contractor; and (8) that the State program provide that a homeowner, contractor, or rebate aggregator may claim more than one rebate under the State program, and may claim a rebate under the State program after receiving a partial system rebate under section 32322, provided that no 2 rebates may be provided with respect to a home using the same baseline energy use of such home. (d) Modeled Performance Rebates.-- (1) In general.--In carrying out a State program under this section, a State may provide a homeowner, contractor, or rebate aggregator a rebate, to be known as a modeled performance rebate, for an energy audit of a home and a home energy efficiency retrofit that is projected, using modeling software approved by the Secretary, to reduce home energy use by at least 20 percent. (2) Amount.-- (A) In general.--Except as provided in section 32324, and subject to subparagraph (B), the amount of a modeled performance rebate provided under a State program shall be equal to 50 percent of the cost of the applicable energy audit of a home and home energy efficiency retrofit, including the cost of diagnostic procedures, labor, reporting, and modeling. (B) Limitation.--Except as provided in section 32324, with respect to an energy audit and home energy efficiency retrofit that is projected to reduce home energy use by-- (i) at least 20 percent, but less than 40 percent, the maximum amount of a modeled performance rebate shall be $2,000; and (ii) at least 40 percent, the maximum amount of a modeled performance rebate shall be $4,000. (e) Measured Performance Rebates.-- (1) In general.--In carrying out a State program under this section, a State may provide a homeowner, contractor, or rebate aggregator a rebate, to be known as a measured performance rebate, for a home energy efficiency retrofit that reduces home energy use by at least 20 percent as measured using methods and procedures approved by the Secretary. (2) Amount.-- (A) In general.--Except as provided in section 32324, and subject to subparagraph (B), the amount of a measured performance rebate provided under a State program shall be equal to 50 percent of the cost, including the cost of diagnostic procedures, labor, reporting, and energy measurement, of the applicable home energy efficiency retrofit. (B) Limitation.--Except as provided in section 32324, with respect to a home energy efficiency retrofit that is measured as reducing home energy use by-- (i) at least 20 percent, but less than 40 percent, the maximum amount of a measured performance rebate shall be $2,000; and (ii) at least 40 percent, the maximum amount of a measured performance rebate shall be $4,000. (f) Coordination of Rebate and Existing State-Sponsored or Utility- Sponsored Programs.--A State that receives a grant under this section is encouraged to work with State agencies, energy utilities, nonprofits, and other entities-- (1) to assist in marketing the availability of the rebates under the applicable State program; (2) to coordinate with utility or State managed financing programs; (3) to assist in implementation of the applicable State program, including installation of home energy efficiency retrofits; and (4) to coordinate with existing quality assurance programs. (g) Administration and Oversight.-- (1) Review of approved modeling software.--The Secretary shall, on an annual basis, list and review all modeling software approved for use in determining and documenting the reductions in home energy use for purposes of modeled performance rebates under subsection (d). In approving such modeling software each year, the Secretary shall ensure that modeling software approved for a year will result in modeling of energy efficiency gains for any type of home energy efficiency retrofit that is at least as substantial as the modeling of energy efficiency gains for such type of home energy efficiency retrofit using the modeling software approved for the previous year. (2) Oversight.--If the Secretary determines that a State is not implementing a State program that was approved pursuant to subsection (b) and that meets the minimum criteria under subsection (c), the Secretary may, after providing the State a period of at least 90 days to meet such criteria, withhold grant funds under this section from the State. SEC. 32324. SPECIAL PROVISIONS FOR MODERATE INCOME HOUSEHOLDS. (a) Certifications.--The Secretary shall establish procedures for certifying that the household of a homeowner or that, in the case of a multifamily building, the majority of households in the building is moderate income for purposes of this section. (b) Percentages.--Subject to subsection (c), for households that are certified pursuant to the procedures established under subsection (a) as moderate income the-- (1) amount of a partial system rebate under section 32322 shall not exceed 60 percent of the applicable purchase and installation costs described in section 32322(b)(1); and (2) amount of-- (A) a modeled performance rebate under section 32323 provided shall be equal to 80 percent of the applicable costs described in section 32323(d)(2)(A); and (B) a measured performance rebate under section 32323 provided shall be equal to 80 percent of the applicable costs described in section 32323(e)(2)(A). (c) Maximum Amounts.--For households that are certified pursuant to the procedures established under subsection (a) as moderate income the maximum amount-- (1) of a partial system rebate-- (A) under section 32322(a)(1) for the purchase and installation of insulation and air sealing within a home of the homeowner or the household living in a multifamily building shall be $1,600; and (B) under section 32322(a)(2) for the purchase and installation of insulation and air sealing within a home of the homeowner or the household living in a multifamily building and replacement of an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system, of such home, shall be $3,000; (2) of a modeled performance rebate under section 32323 for an energy audit and home energy efficiency retrofit that is projected to reduce home energy use as described in-- (A) section 32323(d)(2)(B)(i) shall be $4,000; and (B) section 32323(d)(2)(B)(ii) shall be $8,000; and (3) of a measured performance rebate under section 32323 for a home energy efficiency retrofit that reduces home energy use as described in-- (A) section 32323(e)(2)(B)(i) shall be $4,000; and (B) section 32323(e)(2)(B)(ii) shall be $8,000. (d) Outreach.--The Secretary shall establish procedures to-- (1) provide information to households of homeowners or multifamily building owners that are certified pursuant to the procedures established under subsection (a) as moderate income regarding other programs and resources relating to assistance for energy efficiency upgrades of homes, including the weatherization assistance program implemented under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.); and (2) refer such households and owners, as applicable, to such other programs and resources. SEC. 32325. EVALUATION REPORTS TO CONGRESS. (a) In General.--Not later than 3 years after the date of enactment of this Act and annually thereafter until the termination of the Home Energy Savings Retrofit Rebate Program, the Secretary shall submit to Congress a report on the use of funds made available to carry out this subpart. (b) Contents.--Each report submitted under subsection (a) shall include-- (1) how many home energy efficiency retrofits have been completed during the previous year under the Home Energy Savings Retrofit Rebate Program; (2) an estimate of how many jobs have been created through the Home Energy Savings Retrofit Rebate Program, directly and indirectly; (3) a description of what steps could be taken to promote further deployment of energy efficiency and renewable energy retrofits; (4) a description of the quantity of verifiable energy savings, homeowner energy bill savings, and other benefits of the Home Energy Savings Retrofit Rebate Program; (5) a description of any waste, fraud, or abuse with respect to funds made available to carry out this subpart; and (6) any other information the Secretary considers appropriate. SEC. 32326. ADMINISTRATION. (a) In General.--The Secretary shall provide such administrative and technical support to contractors, rebate aggregators, States, and Indian Tribes as is necessary to carry out this subpart. (b) Information Collection.--The Secretary shall establish, and make available to a homeowner, or the homeowner's designated representative, seeking a rebate under this subpart, release forms authorizing access by the Secretary, or a designated third-party representative to information in the utility bills of the homeowner with appropriate privacy protections in place. SEC. 32327. TREATMENT OF REBATES. For purposes of the Internal Revenue Code of 1986, gross income shall not include any rebate received under this subpart. SEC. 32328. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Secretary to carry out this subpart $1,200,000,000 for each of fiscal years 2022 through 2026, to remain available until expended. (b) Tribal Allocation.--Of the amounts made available pursuant to subsection (a) for a fiscal year, the Secretary shall work with Indian Tribes and use 2 percent of such amounts to carry out a program or programs that as close as possible reflect the goals, requirements, and provisions of this subpart, taking into account any factors that the Secretary determines to be appropriate. Subpart C--General Provisions SEC. 32331. APPOINTMENT OF PERSONNEL. Notwithstanding the provisions of title 5, United States Code, regarding appointments in the competitive service and General Schedule classifications and pay rates, the Secretary may appoint such professional and administrative personnel as the Secretary considers necessary to carry out this part. SEC. 32332. MAINTENANCE OF FUNDING. Each State receiving Federal funds pursuant to this part shall provide reasonable assurances to the Secretary that it has established policies and procedures designed to ensure that Federal funds provided under this part will be used to supplement, and not to supplant, State and local funds. PART 4--ENERGY AND WATER PERFORMANCE AT FEDERAL FACILITIES SEC. 32401. ENERGY AND WATER PERFORMANCE REQUIREMENT FOR FEDERAL FACILITIES. Section 543 of the National Energy Conservation Policy Act (42 U.S.C. 8253) is amended-- (1) in subsection (a)-- (A) in the subsection heading, by striking ``Energy Performance Requirement for Federal Buildings'' and inserting ``Energy and Water Performance Requirement for Federal Facilities''; (B) by striking paragraph (1) and inserting the following: ``(1) In general.--Subject to paragraph (2), the head of each agency shall-- ``(A) for each of fiscal years 2020 through 2030, reduce average facility energy intensity (as measured in British thermal units per gross square foot) at facilities of the agency by 2.5 percent each fiscal year relative to the average facility energy intensity of the facilities of the agency in fiscal year 2018; ``(B) for each of fiscal years 2020 through 2030, improve water use efficiency and management, including stormwater management, at facilities of the agency by reducing agency water consumption intensity-- ``(i) by reducing the potable water consumption by 54 percent by fiscal year 2030, relative to the potable water consumption at facilities of the agency in fiscal year 2007, through reductions of 2 percent each fiscal year (as measured in gallons per gross square foot); ``(ii) by reducing the industrial, landscaping, and agricultural water consumption of the agency, as compared to a baseline of that consumption at facilities of the agency in fiscal year 2010, through reductions of 2 percent each fiscal year (as measured in gallons); and ``(iii) by installing appropriate infrastructure features at facilities of the agency to improve stormwater and wastewater management; and ``(C) to the maximum extent practicable, in carrying out subparagraphs (A) and (B), take measures that are life cycle cost-effective.''; (C) in paragraph (2)-- (i) by striking ``(2) An agency'' and inserting the following: ``(2) Energy and water intensive facility exclusion.--An agency''; (ii) by striking ``building'' and inserting ``facility''; (iii) by inserting ``and water'' after ``energy'' each place it appears; and (iv) by striking ``buildings'' and inserting ``facilities''; and (D) by striking paragraph (3) and inserting the following: ``(3) Recommendations.--Not later than December 31, 2029, the Secretary shall-- ``(A) review the results of the implementation of the energy and water performance requirements established under paragraph (1); and ``(B) submit to Congress recommendations concerning energy and water performance requirements for fiscal years 2031 through 2040.''; (2) in subsection (c)-- (A) in paragraph (1), by striking ``Federal building or collection of Federal buildings'' each place it appears and inserting ``Federal facility''; (B) in paragraph (2)-- (i) by striking ``buildings'' and inserting ``facilities''; and (ii) by striking ``building'' and inserting ``facility''; and (C) in paragraph (3), by adding at the end the following: ``Not later than 1 year after the date of enactment of the Leading Infrastructure For Tomorrow's America Act, the Secretary shall issue guidelines to establish criteria for exclusions to water performance requirements under paragraph (1). The Secretary shall update the criteria for exclusions under this subsection as appropriate to reflect changing technology and other conditions.''; (3) in subsection (d)(2), by striking ``buildings'' and inserting ``facilities''; (4) in subsection (e)-- (A) in paragraph (1)-- (i) by striking ``By October 1'' and inserting the following: ``(A) Energy.--By October 1''; (ii) by striking ``buildings'' each place it appears and inserting ``facilities''; and (iii) by adding at the end the following: ``(B) Water.--By February 1, 2025, in accordance with guidelines established by the Secretary under paragraph (2), each agency shall use water meters at facilities of the agency where doing so will assist in reducing the cost of water used at such facilities.''; (B) in paragraph (2)-- (i) in subparagraph (A), by striking ``paragraph (1).'' and inserting ``paragraph (1)(A). Not later than 180 days after the date of enactment of the Leading Infrastructure For Tomorrow's America Act, the Secretary, in consultation with such departments and entities, shall establish guidelines for agencies to carry out paragraph (1)(B).''; (ii) in subparagraph (B)-- (I) by amending clause (i)(II) to read as follows: ``(II) the extent to which metering is expected to result in increased potential for energy and water management, increased potential for energy and water savings, energy and water efficiency improvements, and cost savings due to utility contract aggregation; and''; (II) in clause (iii), by striking ``buildings'' and inserting ``facilities''; and (III) in clause (iv), by striking ``building'' and inserting ``facility''; and (C) in paragraph (4)(B), by striking ``buildings'' each place it appears and inserting ``facilities''; (5) in subsection (f)-- (A) in the subsection heading, by striking ``Buildings'' and inserting ``Facilities''; (B) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by striking ``In this subsection'' and inserting ``In this section''; (ii) in subparagraph (B)(i)(II), by inserting ``and water'' after ``energy''; and (iii) in subparagraph (C)(i), by inserting ``that consumes energy or water and is'' before ``owned or operated''; and (C) in paragraph (8)-- (i) by striking ``building'' each place it appears and inserting ``facility''; (ii) in subparagraph (A), by adding at the end the following: ``The energy manager shall enter water use data for each metered facility that is (or is a part of) a facility that meets the criteria established by the Secretary under paragraph (2)(B) into a facility water use benchmarking system.''; and (iii) in subparagraph (B), by striking ``this subsection'' and inserting ``the date of enactment of the Leading Infrastructure For Tomorrow's America Act''; and (6) in subsection (g)(1)-- (A) by striking ``building'' and inserting ``facility''; and (B) by striking ``energy efficient'' and inserting ``energy and water efficient''. PART 5--OPEN BACK BETTER SEC. 32501. FACILITIES ENERGY RESILIENCY. (a) Definitions.--In this section: (1) Covered project.--The term ``covered project'' means a building project at an eligible facility that-- (A) increases-- (i) resiliency, including-- (I) public health and safety; (II) power outages; (III) natural disasters; (IV) indoor air quality; and (V) any modifications necessitated by the COVID-19 pandemic; (ii) energy efficiency; (iii) renewable energy; and (iv) grid integration; and (B) may have combined heat and power and energy storage as project components. (2) Early childhood education program.--The term ``early childhood education program'' has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003). (3) Elementary school.--The term ``elementary school'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) Eligible facility.--The term ``eligible facility'' means a public facility, as determined by the Secretary, including-- (A) a public school, including an elementary school and a secondary school; (B) a facility used to operate an early childhood education program; (C) a local educational agency; (D) a medical facility; (E) a local or State government building; (F) a community facility; (G) a public safety facility; (H) a day care center; (I) an institution of higher education; (J) a public library; and (K) a wastewater treatment facility. (5) Environmental justice community.--The term ``environmental justice community'' means any population of color, community of color, indigenous community, or low-income community that experiences a disproportionate burden of the negative human health and environmental impacts of pollution or other environmental hazards. (6) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (7) 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). (8) Low income.--The term ``low income'' means 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. (9) 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 low income. (10) Secondary school.--The term ``secondary school'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (11) Secretary.--The term ``Secretary'' means the Secretary of Energy. (12) State.--The term ``State'' has the meaning given the term in section 3 of the Energy Policy and Conservation Act (42 U.S.C. 6202). (13) State energy program.--The term ``State Energy Program'' means the State Energy Program established under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.). (14) Tribal organization.-- (A) In general.--The term ``tribal organization'' has the meaning given the term in section 3765 of title 38, United States Code. (B) Technical amendment.--Section 3765(4) of title 38, United States Code, is amended by striking ``section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l))'' and inserting ``section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)''. (b) State Programs.-- (1) Establishment.--Not later than 60 days after the date of enactment of this Act, the Secretary shall distribute grants to States under the State Energy Program, in accordance with the allocation formula established under that Program, to implement covered projects. (2) Use of funds.-- (A) In general.--Subject to subparagraph (B), grant funds under paragraph (1) may be used for technical assistance, project facilitation, and administration. (B) Technical assistance.--A State may use not more than 10 percent of grant funds received under paragraph (1) to provide technical assistance for the development, facilitation, management, oversight, and measurement of results of covered projects implemented using those funds. (C) Environmental justice and other communities.-- To support communities adversely impacted by the COVID- 19 pandemic, a State shall use not less than 40 percent of grant funds received under paragraph (1) to implement covered projects in environmental justice communities or low income communities. (D) Private financing.--A State receiving a grant under paragraph (1) shall-- (i) to the extent practicable, leverage private financing for cost-effective energy efficiency, renewable energy, resiliency, and other smart-building improvements, such as by entering into an energy service performance contract; but (ii) maintain the use of grant funds to carry out covered projects with more project resiliency, public health, and capital- intensive efficiency and emission reduction components than are typically available through private energy service performance contracts. (E) Guidance.--In carrying out a covered project using grant funds received under paragraph (1), a State shall, to the extent practicable, adhere to guidance developed by the Secretary pursuant to the American Recovery and Reinvestment Act of 2009 (Public Law 111- 5; 123 Stat. 115) relating to distribution of funds, if that guidance will speed the distribution of funds under this subsection. (3) No matching requirement.--Notwithstanding any other provision of law, a State receiving a grant under paragraph (1) shall not be required to provide any amount of matching funding. (4) Report.--Not later than 1 year after the date on which grants are distributed under paragraph (1), and each year thereafter until the funds appropriated under paragraph (5) are no longer available, the Secretary shall submit a report on the use of those funds (including in the communities described in paragraph (2)(C)) to-- (A) the Subcommittee on Energy and Water Development of the Committee on Appropriations of the Senate; (B) the Subcommittee on Energy and Water Development and Related Agencies of the Committee on Appropriations of the House of Representatives; (C) the Committee on Energy and Natural Resources of the Senate; (D) the Committee on Energy and Commerce of the House of Representatives; and (E) the Committee on Education and Labor of the House of Representatives. (5) Funding.--In addition to any amounts made available to the Secretary to carry out the State Energy Program, there is authorized to be appropriated to the Secretary $3,600,000,000 to carry out this subsection for each of fiscal years 2022 through 2026, to remain available until expended. (6) Supplement, not supplant.--Funds made available under paragraph (5) shall supplement, not supplant, any other funds made available to States for the State Energy Program or the weatherization assistance program established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.). (c) Federal Energy Management Program.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Secretary shall use the funds appropriated under paragraph (4) to provide grants under the AFFECT program under the Federal Energy Management Program of the Department of Energy to implement covered projects. (2) Private financing.--A recipient of a grant under paragraph (1) shall-- (A) to the extent practicable, leverage private financing for cost-effective energy efficiency, renewable energy, resiliency, and other smart-building improvements, such as by entering into an energy service performance contract; but (B) maintain the use of grant funds to carry out covered projects with more project resiliency, public health, and capital-intensive efficiency and emission reduction components than are typically available through private energy service performance contracts. (3) Report.--Not later than 1 year after the date on which grants are distributed under paragraph (1), and each year thereafter until the funds appropriated under paragraph (4) are no longer available, the Secretary shall submit a report on the use of those funds to-- (A) the Subcommittee on Energy and Water Development of the Committee on Appropriations of the Senate; (B) the Subcommittee on Energy and Water Development and Related Agencies of the Committee on Appropriations of the House of Representatives; (C) the Committee on Energy and Natural Resources of the Senate; (D) the Committee on Energy and Commerce of the House of Representatives; and (E) the Committee on Education and Labor of the House of Representatives. (4) Funding.--In addition to any amounts made available to the Secretary to carry out the AFFECT program described in paragraph (1), there is authorized to be appropriated to the Secretary $500,000,000 to carry out this subsection, to remain available until September 30, 2025. (d) Tribal Organizations.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Secretary, acting through the head of the Office of Indian Energy, shall distribute funds made available under paragraph (3) to Tribal organizations to implement covered projects. (2) Report.--Not later than 1 year after the date on which funds are distributed under paragraph (1), and each year thereafter until the funds made available under paragraph (3) are no longer available, the Secretary shall submit a report on the use of those funds to-- (A) the Subcommittee on Energy and Water Development of the Committee on Appropriations of the Senate; (B) the Subcommittee on Energy and Water Development and Related Agencies of the Committee on Appropriations of the House of Representatives; (C) the Committee on Energy and Natural Resources of the Senate; (D) the Committee on Energy and Commerce of the House of Representatives; and (E) the Committee on Education and Labor of the House of Representatives. (3) Funding.--There is authorized to be appropriated to the Secretary $1,500,000,000 to carry out this subsection, to remain available until September 30, 2025. (e) Use of American Iron, Steel, and Manufactured Goods.-- (1) In general.--Except as provided in paragraph (2), none of the funds made available by or pursuant to this section may be used for a covered project unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. (2) Exceptions.--The requirement under paragraph (1) shall be waived by the head of the relevant Federal department or agency in any case or category of cases in which the head of the relevant Federal department or agency determines that-- (A) adhering to that requirement would be inconsistent with the public interest; (B) the iron, steel, and manufactured goods needed for the project are not produced in the United States-- (i) in sufficient and reasonably available quantities; and (ii) in a satisfactory quality; or (C) the inclusion of iron, steel, and relevant manufactured goods produced in the United States would increase the overall cost of the project by more than 25 percent. (3) Waiver publication.--If the head of a Federal department or agency makes a determination under paragraph (2) to waive the requirement under paragraph (1), the head of the Federal department or agency shall publish in the Federal Register a detailed justification for the waiver. (4) International agreements.--This subsection shall be applied in a manner consistent with the obligations of the United States under all applicable international agreements. (f) Wage Rate Requirements.-- (1) In general.--Notwithstanding any other provision of law, all laborers and mechanics employed by contractors and subcontractors on projects funded directly or assisted in whole or in part by the Federal Government pursuant to 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 (commonly known as the ``Davis-Bacon Act''). (2) Authority.--With respect to the labor standards specified in paragraph (1), 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. 32502. PERSONNEL. (a) In General.--To carry out section 32501, the Secretary of Energy shall hire within the Department of Energy-- (1) not less than 300 full-time employees in the Office of Energy Efficiency and Renewable Energy; (2) not less than 100 full-time employees, to be distributed among-- (A) the Office of General Counsel; (B) the Office of Procurement Policy; (C) the Golden Field Office; (D) the National Energy Technology Laboratory; and (E) the Office of the Inspector General; and (3) not less than 20 full-time employees in the Office of Indian Energy. (b) Timeline.--Not later than 60 days after the date of enactment of this Act, the Secretary shall-- (1) hire all personnel under subsection (a); or (2) certify that the Secretary is unable to hire all personnel by the date required under this subsection. (c) Contract Hires.-- (1) In general.--If the Secretary makes a certification under subsection (b)(2), the Secretary may hire on a contract basis not more than 50 percent of the personnel required to be hired under subsection (a). (2) Duration.--An individual hired on a contract basis under paragraph (1) shall have an employment term of not more than 1 year. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $84,000,000 for each of fiscal years 2022 through 2026. (e) Report.--Not later than 60 days after the date of enactment of this Act, and annually thereafter for 2 years, the Secretary shall submit a report on progress made in carrying out subsection (a) to-- (1) the Subcommittee on Energy and Water Development of the Committee on Appropriations of the Senate; (2) the Subcommittee on Energy and Water Development and Related Agencies of the Committee on Appropriations of the House of Representatives; (3) the Committee on Energy and Natural Resources of the Senate; (4) the Committee on Energy and Commerce of the House of Representatives; and (5) the Committee on Education and Labor of the House of Representatives. Subtitle C--Energy Supply Infrastructure SEC. 33001. GRANT PROGRAM FOR SOLAR INSTALLATIONS LOCATED IN, OR THAT SERVE, LOW-INCOME AND UNDERSERVED AREAS. (a) Definitions.--In this section: (1) Beneficiary.--The term ``beneficiary'' means a low- income household or a low-income household in an underserved area. (2) Community solar facility.--The term ``community solar facility'' means a solar generating facility that-- (A) through a voluntary program, has multiple subscribers that receive financial benefits that are directly attributable to the facility; (B) has a nameplate rating of 5 megawatts AC or less; and (C) is located in the utility distribution service territory of subscribers. (3) Community solar subscription.--The term ``community solar subscription'' means a share in the capacity, or a proportional interest in the electricity generation, of a community solar facility. (4) Covered facility.--The term ``covered facility'' means-- (A) a community solar facility-- (i) that is located in an underserved area; or (ii) at least 50 percent of the capacity of which is reserved for low-income households; (B) a solar generating facility located at a residence of a low-income household; or (C) a solar generating facility located at a multi- family affordable housing complex. (5) Covered state.--The term ``covered State'' means a State with processes in place to ensure that covered facilities deliver financial benefits to low-income households. (6) Eligible entity.--The term ``eligible entity'' means-- (A) a nonprofit organization that provides services to low-income households or multi-family affordable housing complexes; (B) a developer, owner, or operator of a community solar facility that reserves a portion of the capacity of the facility for subscribers who are members of low- income households or for low-income households that otherwise financially benefit from the facility; (C) a covered State, or political subdivision thereof; (D) an Indian Tribe or a tribally owned electric utility; (E) a Native Hawaiian community-based organization; (F) any other national or regional entity that has experience developing or installing solar generating facilities for low-income households that maximize financial benefits to those households; and (G) an electric cooperative or municipal electric utility (as such terms are defined in section 3 of the Federal Power Act). (7) Eligible installation project.--The term ``eligible installation project'' means a project to install a covered facility in a covered State. (8) Eligible planning project.--The term ``eligible planning project'' means a project to carry out pre- installation activities for the development of a covered facility in a covered State. (9) Eligible project.--The term ``eligible project'' means-- (A) an eligible planning project; or (B) an eligible installation project. (10) Feasibility study.--The term ``feasibility study'' means any activity to determine the feasibility of a specific solar generating facility, including a customer interest assessment and a siting assessment, as determined by the Secretary. (11) Indian tribe.--The term ``Indian Tribe'' means any Indian Tribe, band, nation, or other organized group or community, including any Alaska Native village, Regional Corporation, or Village Corporation (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (12) Interconnection service.--The term ``interconnection service'' has the meaning given such term in section 111(d)(15) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)(15)). (13) Low-income household.--The term ``low-income household'' means that income in relation to family size which-- (A) is at or below 200 percent of the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget, except that the Secretary may establish a higher level if the Secretary determines that such a higher level is necessary to carry out the purposes of this section; (B) is the basis on which cash assistance payments have been paid during the preceding 12-month period under titles IV and XVI of the Social Security Act (42 U.S.C. 601 et seq., 1381 et seq.) or applicable State or local law; or (C) if a State elects, is the basis for eligibility for assistance under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.), provided that such basis is at least 200 percent of the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget. (14) Multi-family affordable housing complex.--The term ``multi-family affordable housing complex'' means any federally subsidized affordable housing complex in which at least 50 percent of the units are reserved for low-income households. (15) Native hawaiian community-based organization.--The term ``Native Hawaiian community-based organization'' means any organization that is composed primarily of Native Hawaiians from a specific community and that assists in the social, cultural, and educational development of Native Hawaiians in that community. (16) Program.--The term ``program'' means the program established under subsection (b). (17) Secretary.--The term ``Secretary'' means the Secretary of Energy. (18) Solar generating facility.--The term ``solar generating facility'' means-- (A) a generator that creates electricity from light photons; and (B) the accompanying hardware enabling that electricity to flow-- (i) onto the electric grid; (ii) into a facility or structure; or (iii) into an energy storage device. (19) State.--The term ``State'' means each of the 50 States, the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, and American Samoa. (20) Subscriber.--The term ``subscriber'' means a person who-- (A) owns a community solar subscription, or an equivalent unit or share of the capacity or generation of a community solar facility; or (B) financially benefits from a community solar facility, even if the person does not own a community solar subscription for the facility. (21) Underserved area.--The term ``underserved area'' means-- (A) a geographical area with low or no photovoltaic solar deployment, as determined by the Secretary; (B) a geographical area that has low or no access to electricity, as determined by the Secretary; (C) a geographical area with an average annual residential retail electricity price that exceeds the national average annual residential retail electricity price (as reported by the Energy Information Agency) by 50 percent or more; or (D) trust land, as defined in section 3765 of title 38, United States Code. (b) Establishment.--The Secretary shall establish a program to provide financial assistance to eligible entities to-- (1) carry out planning projects that are necessary to establish the feasibility, obtain required permits, identify beneficiaries, or secure subscribers to install a covered facility; or (2) install a covered facility for beneficiaries in accordance with this section. (c) Applications.-- (1) In general.--To be eligible to receive assistance under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Inclusion for installation assistance.-- (A) Requirements.--For an eligible entity to receive assistance for a project to install a covered facility, the Secretary shall require the eligible entity to include-- (i) information in the application that is sufficient to demonstrate that the eligible entity has obtained, or has the capacity to obtain, necessary permits, subscribers, access to an installation site, and any other items or agreements necessary to comply with an agreement under subsection (g)(1) and to complete the installation of the applicable covered facility; (ii) a description of the mechanism through which financial benefits will be distributed to beneficiaries or subscribers; and (iii) an estimate of the anticipated financial benefit for beneficiaries or subscribers. (B) Consideration of planning projects.--The Secretary shall consider the successful completion of an eligible planning project pursuant to subsection (b)(1) by the eligible entity to be sufficient to demonstrate the ability of the eligible entity to meet the requirements of subparagraph (A)(i). (d) Selection.-- (1) In general.--In selecting eligible projects to receive assistance under the program, the Secretary shall-- (A) prioritize-- (i) eligible installation projects that will result in the most financial benefit for subscribers, as determined by the Secretary; (ii) eligible installation projects that will result in development of covered facilities in underserved areas; and (iii) eligible projects that include apprenticeship, job training, or community participation as part of their application; and (B) ensure that such assistance is provided in a manner that results in eligible projects being carried out on a geographically diverse basis within and among covered States. (2) Determination of financial benefit.--In determining the amount of financial benefit for low-income households of an eligible installation project, the Secretary shall ensure that all calculations for estimated household energy savings are based solely on electricity offsets from the applicable covered facility and use formulas established by the State or local government with jurisdiction over the applicable covered facility for verifiable household energy savings estimates that accrue to low-income households. (e) Assistance.-- (1) Form.--The Secretary may provide assistance under the program in the form of a grant (which may be in the form of a rebate) or a low-interest loan. (2) Multiple projects for same facility.-- (A) In general.--An eligible entity may apply for assistance under the program for an eligible planning project and an eligible installation project for the same covered facility. (B) Separate selections.--Selection by the Secretary for assistance under the program of an eligible planning project does not require the Secretary to select for assistance under the program an eligible installation project for the same covered facility. (f) Use of Assistance.-- (1) Eligible planning projects.--An eligible entity receiving assistance for an eligible planning project under the program may use such assistance to pay the costs of pre- installation activities associated with an applicable covered facility, including-- (A) feasibility studies; (B) permitting; (C) site assessment; (D) on-site job training, or other community-based activities directly associated with the eligible planning project; or (E) such other costs determined by the Secretary to be appropriate. (2) Eligible installation projects.--An eligible entity receiving assistance for an eligible installation project under the program may use such assistance to pay the costs of-- (A) installation of a covered facility, including costs associated with materials, permitting, labor, or site preparation; (B) storage technology sited at a covered facility; (C) interconnection service expenses; (D) on-site job training, or other community-based activities directly associated with the eligible installation project; (E) offsetting the cost of a subscription for a covered facility described in subparagraph (A) of subsection (a)(4) for subscribers that are members of a low income household; or (F) such other costs determined by the Secretary to be appropriate. (g) Administration.-- (1) Agreements.-- (A) In general.--As a condition of receiving assistance under the program, an eligible entity shall enter into an agreement with the Secretary. (B) Requirements.--An agreement entered into under this paragraph-- (i) shall require the eligible entity to maintain such records and adopt such administrative practices as the Secretary may require to ensure compliance with the requirements of this section and the agreement; (ii) with respect to an eligible installation project shall require that any solar generating facility installed using assistance provided pursuant to the agreement comply with local building and safety codes and standards; and (iii) shall contain such other terms as the Secretary may require to ensure compliance with the requirements of this section. (C) Term.--An agreement under this paragraph shall be for a term that begins on the date on which the agreement is entered into and ends on the date that is 2 years after the date on which the eligible entity receives assistance pursuant to the agreement, which term may be extended once for a period of not more than 1 year if the eligible entity demonstrates to the satisfaction of the Secretary that such an extension is necessary to complete the activities required by the agreement. (2) Use of funds.--Of the funds made available to provide assistance to eligible installation projects under this section over the period of fiscal years 2022 through 2026, the Secretary shall use-- (A) not less than 50 percent to provide assistance for eligible installation projects with respect to which low-income households make up at least 50 percent of the subscribers to the project; and (B) not more than 50 percent to provide assistance for eligible installation projects with respect to which low-income households make up at least 25 percent of the subscribers to the project. (3) Regulations.--Not later than 120 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register regulations to carry out this section, which shall take effect on the date of publication. (h) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary to carry out this section $200,000,000 for each of fiscal years 2022 through 2026, to remain available until expended. (2) Amounts for planning projects.--Of the amounts appropriated pursuant to this section over the period of fiscal years 2022 through 2026, the Secretary shall use not more than 15 percent of funds to provide assistance to eligible planning projects. (i) Relationship to Other Assistance.--The Secretary shall, to the extent practicable, encourage eligible entities that receive assistance under this section to leverage such funds by seeking additional funding through federally or locally subsidized weatherization and energy efficiency programs. SEC. 33002. IMPROVING THE NATURAL GAS DISTRIBUTION SYSTEM. (a) Program.--The Secretary of Energy shall establish a grant program to provide financial assistance to States to offset the incremental rate increases paid by low-income households resulting from the implementation of infrastructure replacement, repair, and maintenance programs that are approved by the rate-setting entity and designed to accelerate the necessary replacement, repair, or maintenance of natural gas distribution systems. (b) Date of Eligibility.--Awards may be provided under this section to offset rate increases described in subsection (a) occurring on or after the date of enactment of this Act. (c) Prioritization.--The Secretary shall collaborate with States to prioritize the distribution of grants made under this section. At a minimum, the Secretary shall consider prioritizing the distribution of grants to States which have-- (1) authorized or adopted enhanced infrastructure replacement programs or innovative rate recovery mechanisms, such as infrastructure cost trackers and riders, infrastructure base rate surcharges, deferred regulatory asset programs, and earnings stability mechanisms; and (2) a viable means for delivering financial assistance to low-income households. (d) Auditing and Reporting Requirements.--The Secretary shall establish auditing and reporting requirements for States with respect to the performance of eligible projects funded pursuant to grants awarded under this section. (e) Prevailing Wages.--All laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work assisted, in whole or in part, by a grant under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40. With respect to the labor standards in this subsection, 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. (f) Definitions.--In this section: (1) Innovative rate recovery mechanisms.--The term ``innovative rate recovery mechanisms'' means rate structures that allow State public utility commissions to modify tariffs and recover costs of investments in utility replacement incurred between rate cases. (2) Low-income household.--The term ``low-income household'' means a household that is eligible to receive payments under section 2605(b)(2) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(b)(2)). (g) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $250,000,000 in each of fiscal years 2022 through 2026. SEC. 33003. DISTRIBUTED ENERGY RESOURCES. (a) Definitions.--In this section: (1) Combined heat and power system.--The term ``combined heat and power system'' means generation of electric energy and heat in a single, integrated system that meets the efficiency criteria in clauses (ii) and (iii) of section 48(c)(3)(A) of the Internal Revenue Code of 1986, under which heat that is conventionally rejected is recovered and used to meet thermal energy requirements. (2) Demand response.--The term ``demand response'' means changes in electric usage by electric utility customers from the normal consumption patterns of the customers in response to-- (A) changes in the price of electricity over time; or (B) incentive payments designed to induce lower electricity use at times of high wholesale market prices or when system reliability is jeopardized. (3) Distributed energy.--The term ``distributed energy'' means energy sources and systems that-- (A) produce electric or thermal energy close to the point of use using renewable energy resources or waste thermal energy; (B) generate electricity using a combined heat and power system; (C) distribute electricity in microgrids; (D) store electric or thermal energy; or (E) distribute thermal energy or transfer thermal energy to building heating and cooling systems through a district energy system. (4) District energy system.--The term ``district energy system'' means a system that provides thermal energy to buildings and other energy consumers from one or more plants to individual buildings to provide space heating, air conditioning, domestic hot water, industrial process energy, and other end uses. (5) Islanding.--The term ``islanding'' means a distributed generator or energy storage device continuing to power a location in the absence of electric power from the primary source. (6) Loan.--The term ``loan'' has the meaning given the term ``direct loan'' in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a). (7) Microgrid.--The term ``microgrid'' means an integrated energy system consisting of interconnected loads and distributed energy resources, including generators and energy storage devices, within clearly defined electrical boundaries that-- (A) acts as a single controllable entity with respect to the grid; and (B) can connect and disconnect from the grid to operate in both grid-connected mode and island mode. (8) Renewable energy resource.--The term ``renewable energy resource'' includes-- (A) biomass; (B) geothermal energy; (C) hydropower; (D) landfill gas; (E) municipal solid waste; (F) ocean (including tidal, wave, current, and thermal) energy; (G) organic waste; (H) photosynthetic processes; (I) photovoltaic energy; (J) solar energy; and (K) wind. (9) Renewable thermal energy.--The term ``renewable thermal energy'' means heating or cooling energy derived from a renewable energy resource. (10) Secretary.--The term ``Secretary'' means the Secretary of Energy. (11) Thermal energy.--The term ``thermal energy'' means-- (A) heating energy in the form of hot water or steam that is used to provide space heating, domestic hot water, or process heat; or (B) cooling energy in the form of chilled water, ice, or other media that is used to provide air conditioning, or process cooling. (12) Waste thermal energy.--The term ``waste thermal energy'' means energy that-- (A) is contained in-- (i) exhaust gases, exhaust steam, condenser water, jacket cooling heat, or lubricating oil in power generation systems; (ii) exhaust heat, hot liquids, or flared gas from any industrial process; (iii) waste gas or industrial tail gas that would otherwise be flared, incinerated, or vented; (iv) a pressure drop in any gas, excluding any pressure drop to a condenser that subsequently vents the resulting heat; (v) condenser water from chilled water or refrigeration plants; or (vi) any other form of waste energy, as determined by the Secretary; and (B)(i) in the case of an existing facility, is not being used; or (ii) in the case of a new facility, is not conventionally used in comparable systems. (b) Distributed Energy Loan Program.-- (1) Loan program.-- (A) In general.--Subject to the provisions of this paragraph and paragraphs (2) and (3), the Secretary shall establish a program to provide to eligible entities-- (i) loans for the deployment of distributed energy systems in a specific project; and (ii) loans to provide funding for programs to finance the deployment of multiple distributed energy systems through a revolving loan fund, credit enhancement program, or other financial assistance program. (B) Eligibility.--Entities eligible to receive a loan under subparagraph (A) include-- (i) a State, territory, or possession of the United States; (ii) a State energy office; (iii) a tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); (iv) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); and (v) an electric utility, including-- (I) a rural electric cooperative; (II) a municipally owned electric utility; and (III) an investor-owned utility. (C) Selection requirements.--In selecting eligible entities to receive loans under this subsection, the Secretary shall, to the maximum extent practicable, ensure-- (i) regional diversity among eligible entities to receive loans under this section, including participation by rural States and small States; and (ii) that specific projects selected for loans-- (I) expand on the existing technology deployment program of the Department of Energy; and (II) are designed to achieve one or more of the objectives described in subparagraph (D). (D) Objectives.--Each deployment selected for a loan under subparagraph (A) shall promote one or more of the following objectives: (i) Improved security and resiliency of energy supply in the event of disruptions caused by extreme weather events, grid equipment or software failure, or terrorist acts. (ii) Implementation of distributed energy in order to increase use of local renewable energy resources and waste thermal energy sources. (iii) Enhanced feasibility of microgrids, demand response, or islanding. (iv) Enhanced management of peak loads for consumers and the grid. (v) Enhanced reliability in rural areas, including high energy cost rural areas. (E) Restrictions on use of funds.--Any eligible entity that receives a loan under subparagraph (A) may only use the loan to fund programs relating to the deployment of distributed energy systems. (2) Loan terms and conditions.-- (A) Terms and conditions.--Notwithstanding any other provision of law, in providing a loan under this subsection, the Secretary shall provide the loan on such terms and conditions as the Secretary determines, after consultation with the Secretary of the Treasury, in accordance with this subsection. (B) Specific appropriation.--No loan shall be made unless an appropriation for the full amount of the loan has been specifically provided for that purpose. (C) Repayment.--No loan shall be made unless the Secretary determines that there is reasonable prospect of repayment of the principal and interest by the borrower of the loan. (D) Interest rate.--A loan provided under this section shall bear interest at a fixed rate that is equal or approximately equal, in the determination of the Secretary, to the interest rate for Treasury securities of comparable maturity. (E) Term.--The term of the loan shall require full repayment over a period not to exceed the lesser of-- (i) 20 years; or (ii) 90 percent of the projected useful life of the physical asset to be financed by the loan (as determined by the Secretary). (F) Use of payments.--Payments of principal and interest on the loan shall-- (i) be retained by the Secretary to support energy research and development activities; and (ii) remain available until expended, subject to such conditions as are contained in annual appropriations Acts. (G) No penalty on early repayment.--The Secretary may not assess any penalty for early repayment of a loan provided under this subsection. (H) Return of unused portion.--In order to receive a loan under this subsection, an eligible entity shall agree to return to the general fund of the Treasury any portion of the loan amount that is unused by the eligible entity within a reasonable period of time after the date of the disbursement of the loan, as determined by the Secretary. (I) Comparable wage rates.--Each laborer and mechanic employed by a contractor or subcontractor in performance of construction work financed, in whole or in part, by the loan shall be paid wages at rates not less than the rates prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. (3) Rules and procedures; disbursement of loans.-- (A) Rules and procedures.--Not later than 180 days after the date of enactment of this Act, the Secretary shall adopt rules and procedures for carrying out the loan program under paragraph (1). (B) Disbursement of loans.--Not later than 1 year after the date on which the rules and procedures under subparagraph (A) are established, the Secretary shall disburse the initial loans provided under this subsection. (4) Reports.--Not later than 2 years after the date of receipt of the loan, and annually thereafter for the term of the loan, an eligible entity that receives a loan under this subsection shall submit to the Secretary a report describing the performance of each program and activity carried out using the loan, including itemized loan performance data. (5) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection such sums as are necessary. (c) Technical Assistance and Grant Program.-- (1) Establishment.-- (A) In general.--The Secretary shall establish a technical assistance and grant program (referred to in this subsection as the ``program'')-- (i) to disseminate information and provide technical assistance directly to eligible entities so the eligible entities can identify, evaluate, plan, and design distributed energy systems; and (ii) to make grants to eligible entities so that the eligible entities may contract to obtain technical assistance to identify, evaluate, plan, and design distributed energy systems. (B) Technical assistance.--The technical assistance described in subparagraph (A) shall include assistance with one or more of the following activities relating to distributed energy systems: (i) Identification of opportunities to use distributed energy systems. (ii) Assessment of technical and economic characteristics. (iii) Utility interconnection. (iv) Permitting and siting issues. (v) Business planning and financial analysis. (vi) Engineering design. (C) Information dissemination.--The information disseminated under subparagraph (A)(i) shall include-- (i) information relating to the topics described in subparagraph (B), including case studies of successful examples; (ii) computer software and databases for assessment, design, and operation and maintenance of distributed energy systems; and (iii) public databases that track the operation and deployment of existing and planned distributed energy systems. (2) Eligibility.--Any nonprofit or for-profit entity shall be eligible to receive technical assistance and grants under the program. (3) Applications.-- (A) In general.--An eligible entity desiring technical assistance or grants under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (B) Application process.--The Secretary shall seek applications for technical assistance and grants under the program-- (i) on a competitive basis; and (ii) on a periodic basis, but not less frequently than once every 12 months. (C) Priorities.--In selecting eligible entities for technical assistance and grants under the program, the Secretary shall give priority to eligible entities with projects that have the greatest potential for-- (i) facilitating the use of renewable energy resources; (ii) strengthening the reliability and resiliency of energy infrastructure to the impact of extreme weather events, power grid failures, and interruptions in supply of fossil fuels; (iii) improving the feasibility of microgrids or islanding, particularly in rural areas, including high energy cost rural areas; (iv) minimizing environmental impact, including regulated air pollutants and greenhouse gas emissions; and (v) maximizing local job creation. (4) Grants.--On application by an eligible entity, the Secretary may award grants to the eligible entity to provide funds to cover not more than-- (A) 100 percent of the costs of the initial assessment to identify opportunities; (B) 75 percent of the cost of feasibility studies to assess the potential for the implementation; (C) 60 percent of the cost of guidance on overcoming barriers to implementation, including financial, contracting, siting, and permitting issues; and (D) 45 percent of the cost of detailed engineering. (5) Rules and procedures.-- (A) Rules.--Not later than 180 days after the date of enactment of this Act, the Secretary shall adopt rules and procedures for carrying out the program. (B) Grants.--Not later than 120 days after the date of issuance of the rules and procedures for the program, the Secretary shall issue grants under this subsection. (6) Reports.--The Secretary shall submit to Congress and make available to the public-- (A) not less frequently than once every 2 years, a report describing the performance of the program under this subsection, including a synthesis and analysis of the information provided in the reports submitted to the Secretary under subsection (b)(4); and (B) on termination of the program under this subsection, an assessment of the success of, and education provided by, the measures carried out by eligible entities during the term of the program. (7) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $250,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended. SEC. 33004. CLEAN ENERGY AND SUSTAINABILITY ACCELERATOR. Title XVI of the Energy Policy Act of 2005 (Public Law 109-58, as amended) is amended by adding at the end the following new subtitle: ``Subtitle C--Clean Energy and Sustainability Accelerator ``SEC. 1621. DEFINITIONS. ``In this subtitle: ``(1) Accelerator.--The term `Accelerator' means the Clean Energy and Sustainability Accelerator established under section 1622. ``(2) Board.--The term `Board' means the Board of Directors of the Accelerator. ``(3) Chief executive officer.--The term `chief executive officer' means the chief executive officer of the Accelerator. ``(4) Climate-impacted communities.--The term `climate- impacted communities' includes-- ``(A) communities of color, which include any geographically distinct area the population of color of which is higher than the average population of color of the State in which the community is located; ``(B) communities that are already or are likely to be the first communities to feel the direct negative effects of climate change; ``(C) distressed neighborhoods, demonstrated by indicators of need, including poverty, childhood obesity rates, academic failure, and rates of juvenile delinquency, adjudication, or incarceration; ``(D) low-income communities, defined as any census block group in which 30 percent or more of the population are individuals with low income; ``(E) low-income households, defined as a household with annual income equal to, or less than, the greater of-- ``(i) 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 ``(ii) 200 percent of the Federal poverty line; ``(F) Tribal communities; ``(G) persistent poverty counties, defined as any county that has had a poverty rate of 20 percent or more for the past 30 years as measured by the 2000, 2010, and 2020 decennial censuses; ``(H) communities disproportionately affected by environmental pollution and other hazards that can lead to negative public health effects; and ``(I) communities that are economically reliant on fossil fuel-based industries. ``(5) Climate resilient infrastructure.--The term `climate resilient infrastructure' means any project that builds or enhances infrastructure so that such infrastructure-- ``(A) is planned, designed, and operated in a way that anticipates, prepares for, and adapts to changing climate conditions; and ``(B) can withstand, respond to, and recover rapidly from disruptions caused by these climate conditions. ``(6) Electrification.--The term `electrification' means the installation, construction, or use of end-use electric technology that replaces existing fossil-fuel-based technology. ``(7) Energy efficiency.--The term `energy efficiency' means any project, technology, function, or measure that results in the reduction of energy use required to achieve the same level of service or output prior to the application of such project, technology, function, or measure, or substantially reduces greenhouse gas emissions relative to emissions that would have occurred prior to the application of such project, technology, function, or measure. ``(8) Fuel switching.--The term `fuel switching' means any project that replaces a fossil-fuel-based heating system with an electric-powered system or one powered by biomass-generated heat. ``(9) Green bank.--The term `green bank' means a dedicated public or nonprofit specialized finance entity that-- ``(A) is designed to drive private capital into market gaps for low- and zero-emission goods and services; ``(B) uses finance tools to mitigate climate change; ``(C) does not take deposits; ``(D) is funded by government, public, private, or charitable contributions; and ``(E) invests or finances projects-- ``(i) alone; or ``(ii) in conjunction with other investors. ``(10) Qualified projects.--The term `qualified projects' means the following kinds of technologies and activities that are eligible for financing and investment from the Clean Energy and Sustainability Accelerator, either directly or through State, Territorial, and local green banks funded by the Clean Energy and Sustainability Accelerator: ``(A) Renewable energy generation, including the following: ``(i) Solar. ``(ii) Wind. ``(iii) Geothermal. ``(iv) Hydropower. ``(v) Ocean and hydrokinetic. ``(vi) Fuel cell. ``(B) Building energy efficiency, fuel switching, and electrification. ``(C) Industrial decarbonization. ``(D) Grid technology such as transmission, distribution, and storage to support clean energy distribution, including smart-grid applications. ``(E) Agriculture and forestry projects that reduce net greenhouse gas emissions. ``(F) Clean transportation, including the following: ``(i) Battery electric vehicles. ``(ii) Plug-in hybrid electric vehicles. ``(iii) Hydrogen vehicles. ``(iv) Other zero-emissions fueled vehicles. ``(v) Related vehicle charging and fueling infrastructure. ``(G) Climate resilient infrastructure. ``(H) Any other key areas identified by the Board as consistent with the mandate of the Accelerator as described in section 1623. ``(11) Renewable energy generation.--The term `renewable energy generation' means electricity created by sources that are continually replenished by nature, such as the sun, wind, and water. ``SEC. 1622. ESTABLISHMENT. ``(a) In General.--Not later than 1 year after the date of enactment of this subtitle, there shall be established a nonprofit corporation to be known as the Clean Energy and Sustainability Accelerator. ``(b) Limitation.--The Accelerator shall not be an agency or instrumentality of the Federal Government. ``(c) Full Faith and Credit.--The full faith and credit of the United States shall not extend to the Accelerator. ``(d) Nonprofit Status.--The Accelerator shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). ``SEC. 1623. MANDATE. ``The Accelerator shall make the United States a world leader in combating the causes and effects of climate change through the rapid deployment of mature technologies and scaling of new technologies by maximizing the reduction of emissions in the United States for every dollar deployed by the Accelerator, including by-- ``(1) providing financing support for investments in the United States in low- and zero-emissions technologies and processes in order to rapidly accelerate market penetration; ``(2) catalyzing and mobilizing private capital through Federal investment and supporting a more robust marketplace for clean technologies, while avoiding competition with private investment; ``(3) enabling climate-impacted communities to benefit from and afford projects and investments that reduce emissions; ``(4) providing support for workers and communities impacted by the transition to a low-carbon economy; ``(5) supporting the creation of green banks within the United States where green banks do not exist; and ``(6) causing the rapid transition to a clean energy economy without raising energy costs to end users and seeking to lower costs where possible. ``SEC. 1624. FINANCE AND INVESTMENT DIVISION. ``(a) In General.--There shall be within the Accelerator a finance and investment division, which shall be responsible for-- ``(1) the Accelerator's greenhouse gas emissions mitigation efforts by directly financing qualifying projects or doing so indirectly by providing capital to State, Territorial, and local green banks; ``(2) originating, evaluating, underwriting, and closing the Accelerator's financing and investment transactions in qualified projects; ``(3) partnering with private capital providers and capital markets to attract coinvestment from private banks, investors, and others in order to drive new investment into underpenetrated markets, to increase the efficiency of private capital markets with respect to investing in greenhouse gas reduction projects, and to increase total investment caused by the Accelerator; ``(4) managing the Accelerator's portfolio of assets to ensure performance and monitor risk; ``(5) ensuring appropriate debt and risk mitigation products are offered; and ``(6) overseeing prudent, noncontrolling equity investments. ``(b) Products and Investment Types.--The finance and investment division of the Accelerator may provide capital to qualified projects in the form of-- ``(1) senior, mezzanine, and subordinated debt; ``(2) credit enhancements including loan loss reserves and loan guarantees; ``(3) aggregation and warehousing; ``(4) equity capital; and ``(5) any other financial product approved by the Board. ``(c) State, Territorial, and Local Green Bank Capitalization.--The finance and investment division of the Accelerator shall make capital available to State, Territorial, and local green banks to enable such banks to finance qualifying projects in their markets that are better served by a locally based entity, rather than through direct investment by the Accelerator. ``(d) Investment Committee.--The debt, risk mitigation, and equity investments made by the Accelerator shall be-- ``(1) approved by the investment committee of the Board; and ``(2) consistent with an investment policy that has been established by the investment committee of the Board in consultation with the risk management committee of the Board. ``SEC. 1625. START-UP DIVISION. ``There shall be within the Accelerator a Start-up Division, which shall be responsible for providing technical assistance and start-up funding to States and other political subdivisions that do not have green banks to establish green banks in those States and political subdivisions, including by working with relevant stakeholders in those States and political subdivisions. ``SEC. 1626. ZERO-EMISSIONS FLEET AND RELATED INFRASTRUCTURE FINANCING PROGRAM. ``Not later than 1 year after the date of establishment of the Accelerator, the Accelerator shall explore the establishment of a program to provide low- and zero-interest loans, up to 30 years in length, to any school, metropolitan planning organization, or nonprofit organization seeking financing for the acquisition of zero-emissions vehicle fleets or associated infrastructure to support zero-emissions vehicle fleets. ``SEC. 1627. PROJECT PRIORITIZATION AND REQUIREMENTS. ``(a) Emissions Reduction Mandate.--In investing in projects that mitigate greenhouse gas emissions, the Accelerator shall maximize the reduction of emissions in the United States for every dollar deployed by the Accelerator. ``(b) Environmental Justice Prioritization.-- ``(1) In general.--In order to address environmental justice needs, the Accelerator shall, as applicable, prioritize the provision of program benefits and investment activity that are expected to directly or indirectly result in the deployment of projects to serve, as a matter of official policy, climate- impacted communities. ``(2) Minimum percentage.--The Accelerator shall ensure that over the 30-year period of its charter 40 percent of its investment activity is directed to serve climate-impacted communities. ``(c) Consumer Protection.-- ``(1) Prioritization.--Consistent with the mandate under section 1623 to maximize the reduction of emissions in the United States for every dollar deployed by the Accelerator, the Accelerator shall prioritize qualified projects according to benefits conferred on consumers and affected communities. ``(2) Consumer credit protection.--The Accelerator shall ensure that any residential energy efficiency or distributed clean energy project in which the Accelerator invests directly or indirectly complies with the requirements of the Consumer Credit Protection Act (15 U.S.C. 1601 et seq.), including, in the case of a financial product that is a residential mortgage loan, any requirements of title I of that Act relating to residential mortgage loans (including any regulations promulgated by the Bureau of Consumer Financial Protection under section 129C(b)(3)(C) of that Act (15 U.S.C. 1639c(b)(3)(C))). ``(d) Labor.-- ``(1) In general.--The Accelerator shall ensure that laborers and mechanics employed by contractors and subcontractors in construction work financed directly by the Accelerator will be paid wages not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor under sections 3141 through 3144, 3146, and 3147 of title 40, United States Code. ``(2) Project labor agreement.--The Accelerator shall ensure that projects financed directly by the Accelerator with total capital costs of $100,000,000 or greater utilize a project labor agreement. ``SEC. 1628. EXPLORATION OF ACCELERATED CLEAN ENERGY TRANSITION PROGRAM. ``Not later than 1 year after the date on which the Accelerator is established, the Board shall explore the establishment of an accelerated clean energy transition program-- ``(1) to expedite the transition within the power sector to zero-emissions power generation facilities or assets; and ``(2) to simultaneously invest in local economic development in communities affected by this transition away from carbon-intensive facilities or assets. ``SEC. 1629. BOARD OF DIRECTORS. ``(a) In General.--The Accelerator shall operate under the direction of a Board of Directors, which shall be composed of 7 members. ``(b) Initial Composition and Terms.-- ``(1) Selection.--The initial members of the Board shall be selected as follows: ``(A) Appointed members.--Three members shall be appointed by the President, with the advice and consent of the Senate, of whom no more than two shall belong to the same political party. ``(B) Elected members.--Four members shall be elected unanimously by the 3 members appointed and confirmed pursuant to subparagraph (A). ``(2) Terms.--The terms of the initial members of the Board shall be as follows: ``(A) The 3 members appointed and confirmed under paragraph (1)(A) shall have initial 5-year terms. ``(B) Of the 4 members elected under paragraph (1)(B), 2 shall have initial 3-year terms, and 2 shall have initial 4-year terms. ``(c) Subsequent Composition and Terms.-- ``(1) Selection.--Except for the selection of the initial members of the Board for their initial terms under subsection (b), the members of the Board shall be elected by the members of the Board. ``(2) Disqualification.--A member of the Board shall be disqualified from voting for any position on the Board for which such member is a candidate. ``(3) Terms.--All members elected pursuant to paragraph (1) shall have a term of 5 years. ``(d) Qualifications.--The members of the Board shall collectively have expertise in-- ``(1) the fields of clean energy, electric utilities, industrial decarbonization, clean transportation, resiliency, and agriculture and forestry practices; ``(2) climate change science; ``(3) finance and investments; and ``(4) environmental justice and matters related to the energy and environmental needs of climate-impacted communities. ``(e) Restriction on Membership.--No officer or employee of the Federal or any other level of government may be appointed or elected as a member of the Board. ``(f) Quorum.--Five members of the Board shall constitute a quorum. ``(g) Bylaws.-- ``(1) In general.--The Board shall adopt, and may amend, such bylaws as are necessary for the proper management and functioning of the Accelerator. ``(2) Officers.--In the bylaws described in paragraph (1), the Board shall-- ``(A) designate the officers of the Accelerator; and ``(B) prescribe the duties of those officers. ``(h) Vacancies.--Any vacancy on the Board shall be filled through election by the Board. ``(i) Interim Appointments.--A member elected to fill a vacancy occurring before the expiration of the term for which the predecessor of that member was appointed or elected shall serve for the remainder of the term for which the predecessor of that member was appointed or elected. ``(j) Reappointment.--A member of the Board may be elected for not more than 1 additional term of service as a member of the Board. ``(k) Continuation of Service.--A member of the Board whose term has expired may continue to serve on the Board until the date on which a successor member is elected. ``(l) Chief Executive Officer.--The Board shall appoint a chief executive officer who shall be responsible for-- ``(1) hiring employees of the Accelerator; ``(2) establishing the 2 divisions of the Accelerator described in sections 1624 and 1625; and ``(3) performing any other tasks necessary for the day-to- day operations of the Accelerator. ``(m) Advisory Committee.-- ``(1) Establishment.--The Accelerator shall establish an advisory committee (in this subsection referred to as the `advisory committee'), which shall be composed of not more than 13 members appointed by the Board on the recommendation of the president of the Accelerator. ``(2) Members.--Members of the advisory committee shall be broadly representative of interests concerned with the environment, production, commerce, finance, agriculture, forestry, labor, services, and State Government. Of such members-- ``(A) not fewer than 3 shall be representatives of the small business community; ``(B) not fewer than 2 shall be representatives of the labor community, except that no 2 members may be from the same labor union; ``(C) not fewer than 2 shall be representatives of the environmental nongovernmental organization community, except that no 2 members may be from the same environmental organization; ``(D) not fewer than 2 shall be representatives of the environmental justice nongovernmental organization community, except that no 2 members may be from the same environmental organization; ``(E) not fewer than 2 shall be representatives of the consumer protection and fair lending community, except that no 2 members may be from the same consumer protection or fair lending organization; and ``(F) not fewer than 2 shall be representatives of the financial services industry with knowledge of and experience in financing transactions for clean energy and other sustainable infrastructure assets. ``(3) Meetings.--The advisory committee shall meet not less frequently than once each quarter. ``(4) Duties.--The advisory committee shall-- ``(A) advise the Accelerator on the programs undertaken by the Accelerator; and ``(B) submit to the Congress an annual report with comments from the advisory committee on the extent to which the Accelerator is meeting the mandate described in section 1623, including any suggestions for improvement. ``(n) Chief Risk Officer.-- ``(1) Appointment.--Subject to the approval of the Board, the chief executive officer shall appoint a chief risk officer from among individuals with experience at a senior level in financial risk management, who-- ``(A) shall report directly to the Board; and ``(B) shall be removable only by a majority vote of the Board. ``(2) Duties.--The chief risk officer, in coordination with the risk management and audit committees established under section 1632, shall develop, implement, and manage a comprehensive process for identifying, assessing, monitoring, and limiting risks to the Accelerator, including the overall portfolio diversification of the Accelerator. ``SEC. 1630. ADMINISTRATION. ``(a) Capitalization.-- ``(1) In general.--To the extent and in the amounts provided in advance in appropriations Acts, the Secretary of Energy shall transfer to the Accelerator-- ``(A) $10,000,000,000 on the date on which the Accelerator is established under section 1622; and ``(B) $2,000,000,000 on October 1 of each of the 5 fiscal years following that date. ``(2) Authorization of appropriations.--For purposes of the transfers under paragraph (1), there are authorized to be appropriated-- ``(A) $10,000,000,000 for the fiscal year in which the Accelerator is established under section 1622; and ``(B) $2,000,000,000 for each of the 5 succeeding fiscal years. ``(b) Charter.--The Accelerator shall establish a charter, the term of which shall be 30 years. ``(c) Use of Funds and Recycling.--To the extent and in the amounts provided in advance in appropriations Acts, the Accelerator-- ``(1) may use funds transferred pursuant to subsection (a)(1) to carry out this subtitle, including for operating expenses; and ``(2) shall retain and manage all repayments and other revenue received under this subtitle from financing fees, interest, repaid loans, and other types of funding to carry out this subtitle, including for-- ``(A) operating expenses; and ``(B) recycling such payments and other revenue for future lending and capital deployment in accordance with this subtitle. ``(d) Report.--The Accelerator shall submit on a quarterly basis to the relevant committees of Congress a report that describes the financial activities, emissions reductions, and private capital mobilization metrics of the Accelerator for the previous quarter. ``(e) Restriction.--The Accelerator shall not accept deposits. ``(f) Committees.--The Board shall establish committees and subcommittees, including-- ``(1) an investment committee; and ``(2) in accordance with section 1631-- ``(A) a risk management committee; and ``(B) an audit committee. ``SEC. 1631. ESTABLISHMENT OF RISK MANAGEMENT COMMITTEE AND AUDIT COMMITTEE. ``(a) In General.--To assist the Board in fulfilling the duties and responsibilities of the Board under this subtitle, the Board shall establish a risk management committee and an audit committee. ``(b) Duties and Responsibilities of Risk Management Committee.-- Subject to the direction of the Board, the risk management committee established under subsection (a) shall establish policies for and have oversight responsibility for-- ``(1) formulating the risk management policies of the operations of the Accelerator; ``(2) reviewing and providing guidance on operation of the global risk management framework of the Accelerator; ``(3) developing policies for-- ``(A) investment; ``(B) enterprise risk management; ``(C) monitoring; and ``(D) management of strategic, reputational, regulatory, operational, developmental, environmental, social, and financial risks; and ``(4) developing the risk profile of the Accelerator, including-- ``(A) a risk management and compliance framework; and ``(B) a governance structure to support that framework. ``(c) Duties and Responsibilities of Audit Committee.--Subject to the direction of the Board, the audit committee established under subsection (a) shall have oversight responsibility for-- ``(1) the integrity of-- ``(A) the financial reporting of the Accelerator; and ``(B) the systems of internal controls regarding finance and accounting; ``(2) the integrity of the financial statements of the Accelerator; ``(3) the performance of the internal audit function of the Accelerator; and ``(4) compliance with the legal and regulatory requirements related to the finances of the Accelerator. ``SEC. 1632. OVERSIGHT. ``(a) External Oversight.--The inspector general of the Department of Energy shall have oversight responsibilities over the Accelerator. ``(b) Reports and Audit.-- ``(1) Annual report.--The Accelerator shall publish an annual report which shall be transmitted by the Accelerator to the President and the Congress. ``(2) Annual audit of accounts.--The accounts of the Accelerator shall be audited annually. Such audits shall be conducted in accordance with generally accepted auditing standards by independent certified public accountants who are certified by a regulatory authority of the jurisdiction in which the audit is undertaken. ``(3) Additional audits.--In addition to the annual audits under paragraph (2), the financial transactions of the Accelerator for any fiscal year during which Federal funds are available to finance any portion of its operations may be audited by the Government Accountability Office in accordance with such rules and regulations as may be prescribed by the Comptroller General of the United States.''. SEC. 33005. DAM SAFETY. (a) Dam Safety Conditions.--Section 10 of the Federal Power Act (16 U.S.C. 803) is amended by adding at the end the following: ``(k) That the dam and other project works meet the Commission's dam safety requirements and that the licensee shall continue to manage, operate, and maintain the dam and other project works in a manner that ensures dam safety and public safety under the operating conditions of the license.''. (b) Dam Safety Requirements.--Section 15 of the Federal Power Act (16 U.S.C. 808) is amended by adding at the end the following: ``(g) The Commission may issue a new license under this section only if the Commission determines that the dam and other project works covered by the license meet the Commission's dam safety requirements and that the licensee can continue to manage, operate, and maintain the dam and other project works in a manner that ensures dam safety and public safety under the operating conditions of the new license.''. (c) Viability Procedures.--The Federal Energy Regulatory Commission shall establish procedures to assess the financial viability of an applicant for a license under the Federal Power Act to meet applicable dam safety requirements and to operate the dam and project works under the license. (d) FERC Dam Safety Technical Conference With States.-- (1) Technical conference.--Not later than April 1, 2022, the Federal Energy Regulatory Commission, acting through the Office of Energy Projects, shall hold a technical conference with the States to discuss and provide information on-- (A) dam maintenance and repair; (B) Risk Informed Decision Making (RIDM); (C) climate and hydrological regional changes that may affect the structural integrity of dams; and (D) high hazard dams. (2) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $1,000,000 for fiscal year 2022. (3) State defined.--In this subsection, the term ``State'' has the meaning given such term in section 3 of the Federal Power Act (16 U.S.C. 796). (e) Required Dam Safety Communications Between FERC and States.-- (1) In general.--The Commission, acting through the Office of Energy Projects, shall notify a State within which a project is located when-- (A) the Commission issues a finding, following a dam safety inspection, that requires the licensee for such project to take actions to repair the dam and other project works that are the subject of such finding; (B) after a period of 5 years starting on the date a finding under subparagraph (A) is issued, the licensee has failed to take actions to repair the dam and other project works, as required by such finding; and (C) the Commission initiates a non-compliance proceeding or otherwise takes steps to revoke a license issued under section 4 of the Federal Power Act (16 U.S.C. 797) due to the failure of a licensee to take actions to repair a dam and other project works. (2) Notice upon revocation, surrender, or implied surrender of a license.--If the Commission issues an order to revoke a license or approve the surrender or implied surrender of a license under the Federal Power Act (16 U.S.C. 792 et seq.), the Commission shall provide to the State within which the project that relates to such license is located-- (A) all records pertaining to the structure and operation of the applicable dam and other project works, including, as applicable, any dam safety inspection reports by independent consultants, specifications for required repairs or maintenance of such dam and other project works that have not been completed, and estimates of the costs for such repairs or maintenance; (B) all records documenting the history of maintenance or repair work for the applicable dam and other project works; (C) information on the age of the dam and other project works and the hazard classification of the dam and other project works; (D) the most recent assessment of the condition of the dam and other project works by the Commission; (E) as applicable, the most recent hydrologic information used to determine the potential maximum flood for the dam and other project works; and (F) the results of the most recent risk assessment completed on the dam and other project works. (3) Definition.--In this subsection: (A) Commission.--The term ``Commission'' means the Federal Energy Regulatory Commission. (B) Licensee.--The term ``licensee'' has the meaning given such term in section 3 of the Federal Power Act (16 U.S.C. 796). (C) Project.--The term ``project'' has the meaning given such term in section 3 of the Federal Power Act (16 U.S.C. 796). Subtitle D--Smart Communities Infrastructure PART 1--SMART COMMUNITIES SEC. 34101. 3C ENERGY PROGRAM. (a) Establishment.--The Secretary of Energy shall establish a program to be known as the Cities, Counties, and Communities Energy Program (or the 3C Energy Program) to provide technical assistance and competitively awarded grants to local governments, public housing authorities, nonprofit organizations, and other entities the Secretary determines to be eligible, to incorporate clean energy into community development and revitalization efforts. (b) Best Practice Models.--The Secretary of Energy shall-- (1) provide a recipient of technical assistance or a grant under the program established under subsection (a) with best practice models that are used in jurisdictions of similar size and situation; and (2) assist such recipient in developing and implementing strategies to achieve its clean energy technology goals. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2022 through 2026. SEC. 34102. FEDERAL TECHNOLOGY ASSISTANCE. (a) Smart City or Community Assistance Pilot Program.-- (1) In general.--The Secretary of Energy shall develop and implement a pilot program under which the Secretary shall contract with the national laboratories to provide technical assistance to cities and communities, to improve the access of such cities and communities to expertise, competencies, and infrastructure of the national laboratories for the purpose of promoting smart city or community technologies. (2) Partnerships.--In carrying out the program under this subsection, the Secretary of Energy shall prioritize assistance for cities and communities that have partnered with small business concerns. (b) Technologist in Residence Pilot Program.-- (1) In general.--The Secretary of Energy shall expand the Technologist in Residence pilot program of the Department of Energy to include partnerships between national laboratories and local governments with respect to research and development relating to smart cities and communities. (2) Requirements.--For purposes of the partnerships entered into under paragraph (1), technologists in residence shall work with an assigned unit of local government to develop an assessment of smart city or community technologies available and appropriate to meet the objectives of the city or community, in consultation with private sector entities implementing smart city or community technologies. (c) Guidance.--The Secretary of Energy, in consultation with the Secretary of Commerce, shall issue guidance with respect to-- (1) the scope of the programs established and implemented under subsections (a) and (b); and (2) requests for proposals from local governments interested in participating in such programs. (d) Considerations.--In establishing and implementing the programs under subsections (a) and (b), the Secretary of Energy shall seek to address the needs of small- and medium-sized cities. (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2022 through 2026. SEC. 34103. TECHNOLOGY DEMONSTRATION GRANT PROGRAM. (a) In General.--The Secretary of Commerce shall establish a smart city or community regional demonstration grant program under which the Secretary shall conduct demonstration projects focused on advanced smart city or community technologies and systems in a variety of communities, including small- and medium-sized cities. (b) Goals.--The goals of the program established under subsection (a) are-- (1) to demonstrate-- (A) potential benefits of concentrated investments in smart city or community technologies relating to public safety that are repeatable and scalable; and (B) the efficiency, reliability, and resilience of civic infrastructure and services; (2) to facilitate the adoption of advanced smart city or community technologies and systems; and (3) to demonstrate protocols and standards that allow for the measurement and validation of the cost savings and performance improvements associated with the installation and use of smart city or community technologies and practices. (c) Demonstration Projects.-- (1) Eligibility.--Subject to paragraph (2), a unit of local government shall be eligible to receive a grant for a demonstration project under this section. (2) Cooperation.--To qualify for a demonstration project under this section, a unit of local government shall agree to follow applicable best practices identified by the Secretary of Commerce and the Secretary of Energy, in consultation with industry entities, to evaluate the effectiveness of the implemented smart city or community technologies to ensure that-- (A) technologies and interoperability can be assessed; (B) best practices can be shared; and (C) data can be shared in a public, interoperable, and transparent format. (3) Federal share of cost of technology investments.--The Secretary of Commerce-- (A) subject to subparagraph (B), shall provide to a unit of local government selected under this section for the conduct of a demonstration project a grant in an amount equal to not more than 50 percent of the total cost of technology investments to incorporate and assess smart city or community technologies in the applicable jurisdiction; but (B) may waive the cost-share requirement of subparagraph (A) as the Secretary determines to be appropriate. (d) Requirement.--In conducting demonstration projects under this section, the Secretary shall-- (1) develop competitive, technology-neutral requirements; (2) seek to leverage ongoing or existing civic infrastructure investments; and (3) take into consideration the non-Federal cost share as a competitive criterion in applicant selection in order to leverage non-Federal investment. (e) Public Availability of Data and Reports.--The Secretary of Commerce shall ensure that reports, public data sets, schematics, diagrams, and other works created using a grant provided under this section are-- (1) available on a royalty-free, non-exclusive basis; and (2) open to the public to reproduce, publish, or otherwise use, without cost. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out subsection (c) $100,000,000 for each of fiscal years 2022 through 2026. SEC. 34104. SMART CITY OR COMMUNITY. (a) In General.--In this subpart, the term ``smart city or community'' means a community in which innovative, advanced, and trustworthy information and communication technologies and related mechanisms are applied-- (1) to improve the quality of life for residents; (2) to increase the efficiency and cost effectiveness of civic operations and services; (3) to promote economic growth; and (4) to create a community that is safer and more secure, sustainable, resilient, livable, and workable. (b) Inclusions.--The term ``smart city or community'' includes a local jurisdiction that-- (1) gathers and incorporates data from systems, devices, and sensors embedded in civic systems and infrastructure to improve the effectiveness and efficiency of civic operations and services; (2) aggregates and analyzes gathered data; (3) communicates the analysis and data in a variety of formats; (4) makes corresponding improvements to civic systems and services based on gathered data; and (5) integrates measures-- (A) to ensure the resilience of civic systems against cybersecurity threats and physical and social vulnerabilities and breaches; (B) to protect the private data of residents; and (C) to measure the impact of smart city or community technologies on the effectiveness and efficiency of civic operations and services. PART 2--CLEAN CITIES COALITION PROGRAM SEC. 34201. CLEAN CITIES COALITION PROGRAM. (a) In General.--The Secretary shall carry out a program to be known as the Clean Cities Coalition Program. (b) Program Elements.--In carrying out the program under subsection (a), the Secretary shall-- (1) establish criteria for designating local and regional Clean Cities Coalitions; (2) designate local and regional Clean Cities Coalitions that the Secretary determines meet the criteria established under paragraph (1); (3) make awards to each designated Clean Cities Coalition for administrative and program expenses of the coalition; (4) make competitive awards to designated Clean Cities Coalitions for projects and activities described in subsection (c); (5) provide technical assistance and training to designated Clean Cities Coalitions; (6) provide opportunities for communication and sharing of best practices among designated Clean Cities Coalitions; and (7) maintain, and make available to the public, a centralized database of information included in the reports submitted under subsection (d). (c) Projects and Activities.--Projects and activities eligible for awards under subsection (b)(4) are projects and activities that reduce petroleum consumption, improve air quality, promote energy and economic security, and encourage deployment of a diverse, domestic supply of alternative fuels in the transportation sector by-- (1) encouraging the purchase and use of alternative fuel vehicles and alternative fuels, including by fleet managers; (2) expediting the establishment of local, regional, and national infrastructure to fuel alternative fuel vehicles; (3) advancing the use of other petroleum fuel reduction technologies and strategies; (4) conducting outreach and education activities to advance the use of alternative fuels and alternative fuel vehicles; (5) providing training and technical assistance and tools to users that adopt petroleum fuel reduction technologies; or (6) collaborating with and training officials and first responders with responsibility for permitting and enforcing fire, building, and other safety codes related to the deployment and use of alternative fuels or alternative fuel vehicles. (d) Annual Report.--Each designated Clean Cities Coalition shall submit an annual report to the Secretary on the activities and accomplishments of the coalition. (e) Definitions.--In this section: (1) Alternative fuel.--The term ``alternative fuel'' has the meaning given such term in section 32901 of title 49, United States Code. (2) Alternative fuel vehicle.--The term ``alternative fuel vehicle'' means any vehicle that is capable of operating, partially or exclusively, on an alternative fuel. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. (f) Funding.-- (1) Authorization of appropriations.--There are authorized to be appropriated to carry out this section-- (A) $50,000,000 for fiscal year 2022; (B) $60,000,000 for fiscal year 2023; (C) $75,000,000 for fiscal year 2024; (D) $90,000,000 for fiscal year 2025; and (E) $100,000,000 for fiscal year 2026. (2) Allocations.--The Secretary shall allocate funds made available to carry out this section in each fiscal year as follows: (A) 30 percent of such funds shall be distributed as awards under subsection (b)(3). (B) 50 percent of such funds shall be distributed as competitive awards under subsection (b)(4). (C) 20 percent of such funds shall be used to carry out the duties of the Secretary under this section. PART 3--VEHICLE INFRASTRUCTURE Subpart A--Electric Vehicle Infrastructure SEC. 34311. DEFINITIONS. In this part: (1) Electric vehicle supply equipment.--The term ``electric vehicle supply equipment'' means any conductors, including ungrounded, grounded, and equipment grounding conductors, electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatuses installed specifically for the purpose of delivering energy to an electric vehicle. (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. (3) Underserved or disadvantaged community.--The term ``underserved or disadvantaged community'' means-- (A) a community located in a ZIP code that includes a census tract that is identified as-- (i) a low-income community; or (ii) a community of color; (B) a community in which climate change, pollution, or environmental destruction have exacerbated systemic racial, regional, social, environmental, and economic injustices by disproportionately affecting indigenous peoples, communities of color, migrant communities, deindustrialized communities, depopulated rural communities, the poor, low-income workers, women, the elderly, the unhoused, people with disabilities, or youth; or (C) any other community that the Secretary determines is disproportionately vulnerable to, or bears a disproportionate burden of, any combination of economic, social, and environmental stressors. SEC. 34312. ELECTRIC VEHICLE SUPPLY EQUIPMENT REBATE PROGRAM. (a) Rebate Program.--Not later than January 1, 2022, the Secretary shall establish a rebate program to provide rebates for covered expenses associated with publicly accessible electric vehicle supply equipment (in this section referred to as the ``rebate program''). (b) Rebate Program Requirements.-- (1) Eligible entities.--A rebate under the rebate program may be made to an individual, a State, local, Tribal, or Territorial government, a private entity, a not-for-profit entity, a nonprofit entity, or a metropolitan planning organization. (2) Eligible equipment.-- (A) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall publish and maintain on the Department of Energy internet website a list of electric vehicle supply equipment that is eligible for the rebate program. (B) Updates.--The Secretary may, by regulation, add to, or otherwise revise, the list of electric vehicle supply equipment under subparagraph (A) if the Secretary determines that such addition or revision will likely lead to-- (i) greater usage of electric vehicle supply equipment; (ii) greater access to electric vehicle supply equipment by users; or (iii) an improved experience for users of electric vehicle supply equipment, including accessibility in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). (C) Location requirement.--To be eligible for the rebate program, the electric vehicle supply equipment described in subparagraph (A) shall be installed-- (i) in the United States; (ii) on property-- (I) owned by the eligible entity under paragraph (1); or (II) on which the eligible entity under paragraph (1) has authority to install electric vehicle supply equipment; and (iii) at a location that is-- (I) a multi-unit housing structure; (II) a workplace; (III) a commercial location; or (IV) open to the public for a minimum of 12 hours per day; (3) Application.-- (A) In general.--An eligible entity under paragraph (1) may submit to the Secretary an application for a rebate under the rebate program. Such application shall include-- (i) the estimated cost of covered expenses to be expended on the electric vehicle supply equipment that is eligible under paragraph (2); (ii) the estimated installation cost of the electric vehicle supply equipment that is eligible under paragraph (2); (iii) the global positioning system location, including the integer number of degrees, minutes, and seconds, where such electric vehicle supply equipment is to be installed, and identification of whether such location is-- (I) a multi-unit housing structure; (II) a workplace; (III) a commercial location; or (IV) open to the public for a minimum of 12 hours per day; (iv) the technical specifications of such electric vehicle supply equipment, including the maximum power voltage and amperage of such equipment; (v) an identification of any existing electric vehicle supply equipment that-- (I) is available to the public for a minimum of 12 hours per day; and (II) is not further than 50 miles from the global positioning system location identified under clause (iii); and (vi) any other information determined by the Secretary to be necessary for a complete application. (B) Review process.--The Secretary shall review an application for a rebate under the rebate program and approve an eligible entity under paragraph (1) to receive such rebate if the application meets the requirements of the rebate program under this subsection. (C) Notification to eligible entity.--Not later than 1 year after the date on which the eligible entity under paragraph (1) applies for a rebate under the rebate program, the Secretary shall notify the eligible entity whether the eligible entity will be awarded a rebate under the rebate program following the submission of additional materials required under paragraph (5). (4) Rebate amount.-- (A) In general.--Except as provided in subparagraph (B), the amount of a rebate made under the rebate program for each charging unit shall be the lesser of-- (i) 75 percent of the applicable covered expenses; (ii) $2,000 for covered expenses associated with the purchase and installation of non- networked level 2 charging equipment; (iii) $4,000 for covered expenses associated with the purchase and installation of networked level 2 charging equipment; or (iv) $100,000 for covered expenses associated with the purchase and installation of networked direct current fast charging equipment. (B) Rebate amount for replacement equipment.--A rebate made under the rebate program for replacement of pre-existing electric vehicle supply equipment at a single location shall be the lesser of-- (i) 75 percent of the applicable covered expenses; (ii) $1,000 for covered expenses associated with the purchase and installation of non- networked level 2 charging equipment; (iii) $2,000 for covered expenses associated with the purchase and installation of networked level 2 charging equipment; or (iv) $25,000 for covered expenses associated with the purchase and installation of networked direct current fast charging equipment. (5) Disbursement of rebate.-- (A) In general.--The Secretary shall disburse a rebate under the rebate program to an eligible entity under paragraph (1), following approval of an application under paragraph (3), if such entity submits the materials required under subparagraph (B). (B) Materials required for disbursement of rebate.--Not later than one year after the date on which the eligible entity under paragraph (1) receives notice under paragraph (3)(C) that the eligible entity has been approved for a rebate, such eligible entity shall submit to the Secretary the following-- (i) a record of payment for covered expenses expended on the installation of the electric vehicle supply equipment that is eligible under paragraph (2); (ii) a record of payment for the electric vehicle supply equipment that is eligible under paragraph (2); (iii) the global positioning system location of where such electric vehicle supply equipment was installed and identification of whether such location is-- (I) a multi-unit housing structure; (II) a workplace; (III) a commercial location; or (IV) open to the public for a minimum of 12 hours per day; (iv) the technical specifications of the electric vehicle supply equipment that is eligible under paragraph (2), including the maximum power voltage and amperage of such equipment; and (v) any other information determined by the Secretary to be necessary. (C) Agreement to maintain.--To be eligible for a rebate under the rebate program, an eligible entity under paragraph (1) shall enter into an agreement with the Secretary to maintain the electric vehicle supply equipment that is eligible under paragraph (2) in a satisfactory manner for not less than 5 years after the date on which the eligible entity under paragraph (1) receives the rebate under the rebate program. (D) Exception.--The Secretary shall not disburse a rebate under the rebate program if materials submitted under subparagraph (B) do not meet the same global positioning system location and technical specifications for the electric vehicle supply equipment that is eligible under paragraph (2) provided in an application under paragraph (3). (6) Multi-port chargers.--An eligible entity under paragraph (1) shall be awarded a rebate under the rebate program for covered expenses relating to the purchase and installation of a multi-port charger based on the number of publicly accessible charging ports, with each subsequent port after the first port being eligible for 50 percent of the full rebate amount. (7) Networked direct current fast charging.--Of amounts appropriated to carry out the rebate program, not more than 40 percent may be used for rebates of networked direct current fast charging equipment. (8) Hydrogen fuel cell refueling infrastructure.--Hydrogen refueling equipment shall be eligible for a rebate under the rebate program as though it were networked direct current fast charging equipment. All requirements related to public accessibility of installed locations shall apply. (9) Report.--Not later than 3 years after the first date on which the Secretary awards a rebate under the rebate program, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report of the number of rebates awarded for electric vehicle supply equipment and hydrogen fuel cell refueling equipment in each of the location categories described in paragraph (2)(C)(iii). (c) Definitions.--In this section: (1) Covered expenses.--The term ``covered expenses'' means an expense that is associated with the purchase and installation of electric vehicle supply equipment, including-- (A) the cost of electric vehicle supply equipment; (B) labor costs associated with the installation of such electric vehicle supply equipment, only if wages for such labor are paid at rates not less than those prevailing on similar labor in the locality of installation, as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''); (C) material costs associated with the installation of such electric vehicle supply equipment, including expenses involving electrical equipment and necessary upgrades or modifications to the electrical grid and associated infrastructure required for the installation of such electric vehicle supply equipment; (D) permit costs associated with the installation of such electric vehicle supply equipment; and (E) the cost of an on-site energy storage system. (2) Electric vehicle.--The term ``electric vehicle'' means a vehicle that derives all or part of its power from electricity. (3) Multi-port charger.--The term ``multi-port charger'' means electric vehicle supply equipment capable of charging more than one electric vehicle. (4) Level 2 charging equipment.--The term ``level 2 charging equipment'' means electric vehicle supply equipment that provides an alternating current power source at a minimum of 208 volts. (5) Networked direct current fast charging equipment.--The term ``networked direct current fast charging equipment'' means electric vehicle supply equipment that provides a direct current power source at a minimum of 50 kilowatts and is enabled to connect to a network to facilitate data collection and access. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2022 through 2026. SEC. 34313. MODEL BUILDING CODE FOR ELECTRIC VEHICLE SUPPLY EQUIPMENT. (a) Review.--The Secretary shall review proposed or final model building codes for-- (1) integrating electric vehicle supply equipment into residential and commercial buildings that include space for individual vehicle or fleet vehicle parking; and (2) integrating onsite renewable power equipment and electric storage equipment (including electric vehicle batteries to be used for electric storage) into residential and commercial buildings. (b) Technical Assistance.--The Secretary shall provide technical assistance to stakeholders representing the building construction industry, manufacturers of electric vehicles and electric vehicle supply equipment, State and local governments, and any other persons with relevant expertise or interests to facilitate understanding of the model code and best practices for adoption by jurisdictions. SEC. 34314. ELECTRIC VEHICLE SUPPLY EQUIPMENT COORDINATION. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Secretary, acting through the Assistant Secretary of the Office of Electricity Delivery and Energy Reliability (including the Smart Grid Task Force), shall convene a group to assess progress in the development of standards necessary to-- (1) support the expanded deployment of electric vehicle supply equipment; (2) develop an electric vehicle charging network to provide reliable charging for electric vehicles nationwide, taking into consideration range anxiety and the location of charging infrastructure to ensure an electric vehicle can travel throughout the United States without losing a charge; and (3) ensure the development of such network will not compromise the stability and reliability of the electric grid. (b) Report to Congress.--Not later than 1 year after the date of enactment of this Act, the Secretary shall provide to the Committee on Energy and Commerce of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate a report containing the results of the assessment carried out under subsection (a) and recommendations to overcome any barriers to standards development or adoption identified by the group convened under such subsection. SEC. 34315. STATE CONSIDERATION OF ELECTRIC VEHICLE CHARGING. (a) Consideration and Determination Respecting Certain Ratemaking Standards.--Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end the following: ``(20) Electric vehicle charging programs.-- ``(A) In general.--Each State shall consider measures to promote greater electrification of the transportation sector, including-- ``(i) authorizing measures to stimulate investment in and deployment of electric vehicle supply equipment and to foster the market for electric vehicle charging; ``(ii) authorizing each electric utility of the State to recover from ratepayers any capital, operating expenditure, or other costs of the electric utility relating to load management, programs, or investments associated with the integration of electric vehicle supply equipment into the grid; and ``(iii) allowing a person or agency that owns and operates an electric vehicle charging facility for the sole purpose of recharging an electric vehicle battery to be excluded from regulation as an electric utility pursuant to section 3(4) when making electricity sales from the use of the electric vehicle charging facility, if such sales are the only sales of electricity made by the person or agency. ``(B) Definition.--For purposes of this paragraph, the term `electric vehicle supply equipment' means conductors, including ungrounded, grounded, and equipment grounding conductors, electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatuses installed specifically for the purpose of delivering energy to an electric vehicle.''. (b) Obligations To Consider and Determine.-- (1) Time limitations.--Section 112(b) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended by adding at the end the following: ``(7)(A) Not later than 1 year after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulated electric utility shall commence the consideration referred to in section 111, or set a hearing date for consideration, with respect to the standards established by paragraph (20) of section 111(d). ``(B) Not later than 2 years after the date of the enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority), and each nonregulated electric utility, shall complete the consideration, and shall make the determination, referred to in section 111 with respect to each standard established by paragraph (20) of section 111(d).''. (2) Failure to comply.--Section 112(c) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is amended by adding at the end the following: ``In the case of the standard established by paragraph (20) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph.''. (3) Prior state actions.--Section 112 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended by adding at the end the following: ``(g) Prior State Actions.--Subsections (b) and (c) of this section shall not apply to the standard established by paragraph (20) of section 111(d) in the case of any electric utility in a State if, before the enactment of this subsection-- ``(1) the State has implemented for such utility the standard concerned (or a comparable standard); ``(2) the State regulatory authority for such State or relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard concerned (or a comparable standard) for such utility; ``(3) the State legislature has voted on the implementation of such standard (or a comparable standard) for such utility; or ``(4) the State has taken action to implement incentives or other steps to strongly encourage the deployment of electric vehicles.''. (4) Prior and pending proceedings.--Section 124 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2634) is amended is amended by adding at the end the following: ``In the case of the standard established by paragraph (20) of section 111(d), the reference contained in this section to the date of the enactment of this Act shall be deemed to be a reference to the date of enactment of such paragraph (20).''. SEC. 34316. STATE ENERGY PLANS. (a) State Energy Conservation Plans.--Section 362(d) of the Energy Policy and Conservation Act (42 U.S.C. 6322(d)) is amended-- (1) in paragraph (16), by striking ``; and'' and inserting a semicolon; (2) by redesignating paragraph (17) as paragraph (18); and (3) by inserting after paragraph (16) the following: ``(17) a State energy transportation plan developed in accordance with section 367; and''. (b) Authorization of Appropriations.--Section 365(f) of the Energy Policy and Conservation Act (42 U.S.C. 6325(f)) is amended to read as follows: ``(f) Authorization of Appropriations.-- ``(1) State energy conservation plans.--For the purpose of carrying out this part, there are authorized to be appropriated $100,000,000 for each of fiscal years 2022 through 2026. ``(2) State energy transportation plans.--In addition to the amounts authorized under paragraph (1), for the purpose of carrying out section 367, there are authorized to be appropriated $25,000,000 for each of fiscal years 2022 through 2026.''. (c) State Energy Transportation Plans.-- (1) In general.--Part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.) is further amended by adding at the end the following: ``SEC. 367. STATE ENERGY TRANSPORTATION PLANS. ``(a) In General.--The Secretary may provide financial assistance to a State to develop a State energy transportation plan, for inclusion in a State energy conservation plan under section 362(d), to promote the electrification of the transportation system, reduced consumption of fossil fuels, and improved air quality. ``(b) Development.--A State developing a State energy transportation plan under this section shall carry out this activity through the State energy office that is responsible for developing the State energy conservation plan under section 362. ``(c) Contents.--A State developing a State energy transportation plan under this section shall include in such plan a plan to-- ``(1) deploy a network of electric vehicle supply equipment to ensure access to electricity for electric vehicles, including commercial vehicles, to an extent that such electric vehicles can travel throughout the State without running out of a charge; and ``(2) promote modernization of the electric grid, including through the use of renewable energy sources to power the electric grid, to accommodate demand for power to operate electric vehicle supply equipment and to utilize energy storage capacity provided by electric vehicles, including commercial vehicles. ``(d) Coordination.--In developing a State energy transportation plan under this section, a State shall coordinate, as appropriate, with-- ``(1) State regulatory authorities (as defined in section 3 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2602)); ``(2) electric utilities; ``(3) regional transmission organizations or independent system operators; ``(4) private entities that provide electric vehicle charging services; ``(5) State transportation agencies, metropolitan planning organizations, and local governments; ``(6) electric vehicle manufacturers; ``(7) public and private entities that manage vehicle fleets; and ``(8) public and private entities that manage ports, airports, or other transportation hubs. ``(e) Technical Assistance.--Upon request of the Governor of a State, the Secretary shall provide information and technical assistance in the development, implementation, or revision of a State energy transportation plan. ``(f) Electric Vehicle Supply Equipment Defined.--For purposes of this section, the term `electric vehicle supply equipment' means conductors, including ungrounded, grounded, and equipment grounding conductors, electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatuses installed specifically for the purpose of delivering energy to an electric vehicle.''. (2) Conforming amendment.--The table of sections for part D of title III of the Energy Policy and Conservation Act is further amended by adding at the end the following: ``Sec. 367. State energy security plans.''. SEC. 34317. TRANSPORTATION ELECTRIFICATION. Section 131 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17011) is amended-- (1) in subsection (a)(6)-- (A) in subparagraph (A), by inserting ``, including ground support equipment at ports'' before the semicolon; (B) in subparagraph (E), by inserting ``and vehicles'' before the semicolon; (C) in subparagraph (H), by striking ``and'' at the end; (D) in subparagraph (I)-- (i) by striking ``battery chargers,''; and (ii) by striking the period at the end and inserting a semicolon; and (E) by adding at the end the following: ``(J) installation of electric vehicle supply equipment for recharging plug-in electric drive vehicles, including such equipment that is accessible in rural and urban areas and in underserved or disadvantaged communities and such equipment for medium- and heavy-duty vehicles, including at depots and in-route locations; ``(K) multi-use charging hubs used for multiple forms of transportation; ``(L) medium- and heavy-duty vehicle smart charging management and refueling; ``(M) battery recycling and secondary use, including for medium- and heavy-duty vehicles; and ``(N) sharing of best practices, and technical assistance provided by the Department to public utilities commissions and utilities, for medium- and heavy-duty vehicle electrification.''; (2) in subsection (b)-- (A) in paragraph (3)(A)(ii), by inserting ``, components for such vehicles, and charging equipment for such vehicles'' after ``vehicles''; and (B) in paragraph (6), by striking ``$90,000,000 for each of fiscal years 2008 through 2012'' and inserting ``$2,000,000,000 for each of fiscal years 2022 through 2026''; (3) in subsection (c)-- (A) in the header, by striking ``Near-Term'' and inserting ``Large-Scale''; and (B) in paragraph (4), by striking ``$95,000,000 for each of fiscal years 2008 through 2013'' and inserting ``$2,500,000,000 for each of fiscal years 2022 through 2026''; and (4) by redesignating subsection (d) as subsection (e) and inserting after subsection (c) the following: ``(d) Priority.--In providing grants under subsections (b) and (c), the Secretary shall give priority consideration to applications that contain a written assurance that all laborers and mechanics employed by contractors or subcontractors during construction, alteration, or repair that is financed, in whole or in part, by a grant provided under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with sections 3141 through 3144, 3146, and 3147 of title 40, United States Code (and the Secretary of Labor shall, with respect to the labor standards described in this clause, have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title 40, United States Code).''. SEC. 34318. FEDERAL FLEETS. (a) Minimum Federal Fleet Requirement.--Section 303 of the Energy Policy Act of 1992 (42 U.S.C. 13212) is amended-- (1) in subsection (a), by adding at the end the following: ``(3) The Secretary, in consultation with the Administrator of General Services, shall ensure that in acquiring medium- and heavy-duty vehicles for a Federal fleet, a Federal entity shall acquire zero emission vehicles to the maximum extent feasible.''; (2) by striking subsection (b) and inserting the following: ``(b) Percentage Requirements.-- ``(1) In general.-- ``(A) Light-duty vehicles.--Beginning in fiscal year 2025, 100 percent of the total number of light- duty vehicles acquired by a Federal entity for a Federal fleet shall be alternative fueled vehicles, of which-- ``(i) at least 50 percent shall be zero emission vehicles or plug-in hybrids in fiscal years 2025 through 2034; ``(ii) at least 75 percent shall be zero emission vehicles or plug-in hybrids in fiscal years 2035 through 2049; and ``(iii) 100 percent shall be zero emission vehicles in fiscal year 2050 and thereafter. ``(B) Medium- and heavy-duty vehicles.--The following percentages of the total number of medium- and heavy-duty vehicles acquired by a Federal entity for a Federal fleet shall be alternative fueled vehicles: ``(i) At least 20 percent in fiscal years 2025 through 2029. ``(ii) At least 30 percent in fiscal years 2030 through 2039. ``(iii) At least 40 percent in fiscal years 2040 through 2049. ``(iv) At least 50 percent in fiscal year 2050 and thereafter. ``(2) Exception.--The Secretary, in consultation with the Administrator of General Services where appropriate, may permit a Federal entity to acquire for a Federal fleet a smaller percentage than is required in paragraph (1) for a fiscal year, so long as the aggregate percentage acquired for each class of vehicle for all Federal fleets in the fiscal year is at least equal to the required percentage. ``(3) Definitions.--In this subsection: ``(A) Federal fleet.--The term `Federal fleet' means a fleet of vehicles that are centrally fueled or capable of being centrally fueled and are owned, operated, leased, or otherwise controlled by or assigned to any Federal executive department, military department, Government corporation, independent establishment, or executive agency, the United States Postal Service, the Congress, the courts of the United States, or the Executive Office of the President. Such term does not include-- ``(i) motor vehicles held for lease or rental to the general public; ``(ii) motor vehicles used for motor vehicle manufacturer product evaluations or tests; ``(iii) law enforcement vehicles; ``(iv) emergency vehicles; or ``(v) motor vehicles acquired and used for military purposes that the Secretary of Defense has certified to the Secretary must be exempt for national security reasons. ``(B) Fleet.--The term `fleet' means-- ``(i) 20 or more light-duty vehicles, located in a metropolitan statistical area or consolidated metropolitan statistical area, as established by the Bureau of the Census, with a 1980 population of more than 250,000; or ``(ii) 10 or more medium- or heavy-duty vehicles, located at a Federal facility or located in a metropolitan statistical area or consolidated metropolitan statistical area, as established by the Bureau of the Census, with a 1980 population of more than 250,000.''; and (3) in subsection (f)(2)(B)-- (A) by striking ``, either''; and (B) in clause (i), by striking ``or'' and inserting ``and''. (b) Federal Fleet Conservation Requirements.--Section 400FF(a) of the Energy Policy and Conservation Act (42 U.S.C. 6374e) is amended-- (1) in paragraph (1)-- (A) by striking ``18 months after the date of enactment of this section'' and inserting ``12 months after the date of enactment of the Leading Infrastructure For Tomorrow's America Act''; (B) by striking ``2010'' and inserting ``2022''; and (C) by striking ``and increase alternative fuel consumption'' and inserting ``, increase alternative fuel consumption, and reduce vehicle greenhouse gas emissions''; and (2) by striking paragraph (2) and inserting the following: ``(2) Goals.--The goals of the requirements under paragraph (1) are that each Federal agency shall-- ``(A) reduce fleet-wide per-mile greenhouse gas emissions from agency fleet vehicles, relative to a baseline of emissions in 2015, by-- ``(i) not less than 30 percent by the end of fiscal year 2025; ``(ii) not less than 50 percent by the end of fiscal year 2030; and ``(iii) 100 percent by the end of fiscal year 2050; and ``(B) increase the annual percentage of alternative fuel consumption by agency fleet vehicles as a proportion of total annual fuel consumption by Federal fleet vehicles, to achieve-- ``(i) 25 percent of total annual fuel consumption that is alternative fuel by the end of fiscal year 2025; ``(ii) 50 percent of total annual fuel consumption that is alternative fuel by the end of fiscal year 2035; and ``(iii) at least 85 percent of total annual fuel consumption that is alternative fuel by the end of fiscal year 2050.''. Subpart B--Electric Vehicles for Underserved Communities SEC. 34321. EXPANDING ACCESS TO ELECTRIC VEHICLES IN UNDERSERVED AND DISADVANTAGED COMMUNITIES. (a) In General.-- (1) Assessment.--The Secretary shall conduct an assessment of the state of, challenges to, and opportunities for the deployment of electric vehicle charging infrastructure in underserved or disadvantaged communities located throughout the United States. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the results of the assessment conducted under paragraph (1), which shall-- (A) describe the state of deployment of electric vehicle charging infrastructure in underserved or disadvantaged communities located in urban, suburban, and rural areas, including description of-- (i) the state of deployment of electric vehicle charging infrastructure that is-- (I) publicly accessible; (II) installed in or available to occupants of public and affordable housing; (III) installed in or available to occupants of multi-unit dwellings; (IV) available to public sector and commercial fleets; and (V) installed in or available at places of work; (ii) policies, plans, and programs that cities, States, utilities, and private entities are using to encourage greater deployment and usage of electric vehicles and the associated electric vehicle charging infrastructure, including programs to encourage deployment of publicly accessible electric vehicle charging stations and electric vehicle charging stations available to residents in publicly owned and privately owned multi-unit dwellings; (iii) ownership models for Level 2 charging stations and DC FAST charging stations located in residential multi-unit dwellings, commercial buildings, and publicly accessible areas; (iv) mechanisms for financing electric vehicle charging stations; and (v) rates charged for the use of Level 2 charging stations and DC FAST charging stations; (B) identify current barriers to expanding deployment of electric vehicle charging infrastructure in underserved or disadvantaged communities in urban, suburban, and rural areas, including barriers to expanding deployment of publicly accessible electric vehicle charging infrastructure; (C) identify the potential for, and barriers to, recruiting and entering into contracts with locally owned small and disadvantaged businesses, including women and minority-owned businesses, to deploy electric vehicle charging infrastructure in underserved or disadvantaged communities in urban, suburban, and rural areas; (D) compile and provide an analysis of best practices and policies used by State and local governments, nonprofit organizations, and private entities to increase deployment of electric vehicle charging infrastructure in underserved or disadvantaged communities in urban, suburban, and rural areas, including best practices and policies relating to-- (i) public outreach and engagement; (ii) increasing deployment of publicly accessible electric vehicle charging infrastructure; and (iii) increasing deployment of electric vehicle charging infrastructure in publicly owned and privately owned multi-unit dwellings; (E) to the extent practicable, enumerate and identify in urban, suburban, and rural areas within each State with detail at the level of ZIP Codes and census tracts-- (i) the number of existing and planned publicly accessible Level 2 charging stations and DC FAST charging stations for individually owned light-duty and medium-duty electric vehicles; (ii) the number of existing and planned Level 2 charging stations and DC FAST charging stations for public sector and commercial fleet electric vehicles and medium- and heavy-duty electric vehicles; and (iii) the number and type of electric vehicle charging stations installed in or available to occupants of public and affordable housing; and (F) describe the methodology used to obtain the information provided in the report. (b) Five-Year Update Assessment.--Not later than 5 years after the date of the enactment of this Act, the Secretary shall-- (1) update the assessment conducted under subsection (a)(1); and (2) make public and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report, which shall-- (A) update the information required by subsection (a)(2); and (B) include a description of case studies and key lessons learned after the date on which the report under subsection (a)(2) was submitted with respect to expanding the deployment of electric vehicle charging infrastructure in underserved or disadvantaged communities in urban, suburban, and rural areas. SEC. 34322. ENSURING PROGRAM BENEFITS FOR UNDERSERVED AND DISADVANTAGED COMMUNITIES. In administering a relevant program, the Secretary shall, to the extent practicable, invest or direct available and relevant programmatic resources so that such program-- (1) promotes electric vehicle charging infrastructure; (2) supports clean and multi-modal transportation; (3) provides improved air quality and emissions reductions; and (4) prioritizes the needs of underserved or disadvantaged communities. SEC. 34323. DEFINITIONS. In this part: (1) Electric vehicle charging infrastructure.--The term ``electric vehicle charging infrastructure'' means electric vehicle supply equipment, including any conductors, electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatuses installed specifically for the purposes of delivering energy to an electric vehicle. (2) Publicly accessible.--The term ``publicly accessible'' means, with respect to electric vehicle charging infrastructure, electric vehicle charging infrastructure that is available, at zero or reasonable cost, to members of the public for the purpose of charging a privately owned or leased electric vehicle, or electric vehicle that is available for use by members of the general public as part of a ride service or vehicle sharing service or program, including within or around-- (A) public sidewalks and streets; (B) public parks; (C) public buildings, including-- (i) libraries; (ii) schools; and (iii) government offices; (D) public parking; (E) shopping centers; and (F) commuter transit hubs. (3) Relevant program.--The term ``relevant program'' means a program of the Department of Energy, including-- (A) the State energy program under part D of title III the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.); (B) the Clean Cities program; (C) the Energy Efficiency and Conservation Block Grant Program established under section 542 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17152); (D) loan guarantees made pursuant to title XVII of the Energy Policy Act of 2005 (42 U.S.C. 16511 et seq.); and (E) such other programs as the Secretary determines appropriate. (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. (5) Underserved or disadvantaged community.--The term ``underserved or disadvantaged community'' means a community located within a ZIP Code or census tract that is identified as-- (A) a low-income community; (B) a community of color; (C) a Tribal community; (D) having a disproportionately low number of electric vehicle charging stations per capita, compared to similar areas; or (E) any other community that the Secretary determines is disproportionately vulnerable to, or bears a disproportionate burden of, any combination of economic, social, environmental, and climate stressors. Subpart C--Port Electrification and Decarbonization SEC. 34331. DEFINITIONS. For purposes of this subtitle: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Alternative emissions control technology.--The term ``alternative emissions control technology'' means any technology, technique, or measure that-- (A) captures the emissions of nitrogen oxide, particulate matter, reactive organic compounds, and greenhouse gases from the auxiliary engine and auxiliary boiler of an ocean-going vessel at berth; (B) is verified or approved by a State or Federal air quality regulatory agency; and (C) the use of which achieves at least the equivalent reduction of such emissions as the use of shore power for an ocean-going vessel at berth. (3) Cargo-handling equipment.--The term ``cargo-handling equipment'' includes-- (A) ship-to-shore container cranes and other cranes; (B) container-handling equipment; and (C) equipment for moving or handling cargo, including trucks, reachstackers, toploaders, and forklifts. (4) Criteria pollutant.--The term ``criteria pollutant'' means any air pollutant for which a national ambient air quality standard is in effect under section 109 of the Clean Air Act (42 U.S.C. 7409). (5) Distributed energy system.-- (A) In general.--The term ``distributed energy system'' means any energy system that-- (i) is located on or near a customer site; (ii) is operated on the customer side of the electric meter; and (iii) is interconnected with the electric grid. (B) Inclusions.--The term ``distributed energy system'' includes-- (i) clean electricity generation; (ii) energy efficiency; (iii) energy demand management; (iv) an energy storage system; and (v) a microgrid. (6) Eligible entity.--The term ``eligible entity'' means-- (A) a port authority; (B) a State, regional, local, or Tribal agency that has jurisdiction over a port authority or a port; (C) an air pollution control district or air quality management district; or (D) a private entity (including any nonprofit organization) that-- (i) applies for a grant under this section in partnership with an entity described in subparagraph (A), (B), or (C); and (ii) owns, operates, or uses the facilities, cargo-handling equipment, transportation equipment, or related technology of a port. (7) Energy storage system.--The term ``energy storage system'' means any system, equipment, facility, or technology that-- (A) is capable of storing energy for a period of time and dispatching the stored energy; and (B) uses a mechanical, electrical, chemical, electrochemical, or thermal process to store energy that-- (i) was generated at an earlier time for use at a later time; or (ii) was generated from a mechanical process, and would otherwise be wasted, for use at a later time. (8) Environmental justice community.--The term ``environmental justice community'' means any population of color, community of color, indigenous community, or low-income community that experiences a disproportionate burden of the negative human health and environmental impacts of pollution or other environmental hazards. (9) Fully automated cargo-handling equipment.--The term ``fully automated cargo-handling equipment'' means cargo- handling equipment that does not require the exercise of human intervention or control to operate or monitor, through either direct or remote means. (10) Harbor vessel.--The term ``harbor vessel'' means a ship, boat, lighter, or maritime vessel designed for service at and around a harbor or port. (11) Nonattainment area.--The term ``nonattainment area'' has the meaning given such term in section 171 of the Clean Air Act (42 U.S.C. 7501). (12) Port.--The term ``port'' means any maritime port or inland port. (13) Port authority.--The term ``port authority'' means a governmental or quasigovernmental authority formed by a legislative body to operate a port. (14) Qualified climate action plan.--The term ``qualified climate action plan'' means a detailed and strategic plan that-- (A) establishes goals for an eligible entity to reduce emissions at one or more ports of-- (i) greenhouse gases; (ii) criteria pollutants, and precursors thereof; and (iii) hazardous air pollutants; (B) describes how an eligible entity will implement measures at one or more ports to meet the goals established in subparagraph (A); (C) describes how an eligible entity has implemented or will implement measures to increase the resilience of the port or ports involved, including measures related to withstanding and recovering from extreme weather events; (D) describes how an eligible entity will implement emissions accounting and inventory practices to-- (i) determine baseline greenhouse gas emissions at a port; and (ii) measure the progress of the eligible entity in reducing such emissions; (E) demonstrates how implementation of the proposed measures will not result in a net loss of jobs at the port or ports involved; and (F) includes a strategy to-- (i) collaborate with stakeholders that may be affected by implementation of the plan, including local environmental justice communities and other near-port communities; (ii) address the potential, cumulative, community-level effects on stakeholders of implementing the plan; and (iii) provide effective, advance communication to stakeholders to avoid and minimize conflicts. (15) Shore power.--The term ``shore power'' means the provision of shoreside electrical power to a ship at berth that has shut down main and auxiliary engines. (16) Zero-emissions port equipment and technology.--The term ``zero-emissions port equipment and technology''-- (A) means any equipment, technology, or measure that-- (i) is used at a port; and (ii)(I) produces zero exhaust emissions of-- (aa) any criteria pollutant and precursor thereof; and (bb) any greenhouse gas, other than water vapor; or (II) captures 100 percent of the exhaust emissions produced by an ocean-going vessel at berth; and (B) includes any equipment, technology, or measure described in subparagraph (A) that is-- (i) cargo-handling equipment; (ii) a harbor vessel; (iii) shore power; (iv) electrical charging infrastructure; (v) a distributed energy system; (vi) a vehicle, including an electric transport refrigeration unit; (vii) any technology or measure that reduces vehicle idling; (viii) any alternative emissions control technology; (ix) any equipment, technology, or measure related to grid modernization; or (x) any other technology, equipment, or measure that the Administrator determines to be appropriate. SEC. 34332. GRANTS TO REDUCE AIR POLLUTION AT PORTS. (a) Establishment.--Not later than 6 months after the date of enactment of this Act, the Administrator shall establish a program to award grants to eligible entities to develop and implement a qualified climate action plan at one or more ports. (b) Grants.--In carrying out the program established under subsection (a), the Administrator shall award the following types of grants: (1) Qualified climate action plan development.--The Administrator may award grants to eligible entities for development of a qualified climate action plan. (2) Zero-emissions port equipment and technology.-- (A) In general.--The Administrator may award grants to eligible entities to purchase, install, or utilize zero-emissions port equipment and technology at one or more ports. (B) Relation to qualified climate action plan.--The use of equipment and technology pursuant to a grant under this subsection shall be consistent with the qualified climate action plan of the eligible entity. (c) Application.-- (1) In general.--To seek a grant that is awarded under subsection (b), an eligible entity shall submit an application to the Administrator at such time, in such manner, and containing such information and assurances as the Administrator may require. (2) Concurrent applications.--An eligible entity may submit concurrent applications for both types of grants described in subsection (b), provided that the eligible entity demonstrates how use of a grant awarded under subsection (b)(2) will be consistent with the qualified climate action plan to be developed using a grant awarded under subsection (b)(1). (d) Prohibited Use.--An eligible entity may not use a grant awarded under subsection (b)(2) to purchase fully automated cargo-handling equipment or terminal infrastructure that is designed for fully automated cargo-handling equipment. (e) Cost Share.--An eligible entity may not use a grant awarded under subsection (b)(2) to cover more than 80 percent of the cost of purchasing, installing, or utilizing zero-emissions port equipment and technology. (f) Labor.-- (1) Wages.--All laborers and mechanics employed by a subgrantee of an eligible entity, and any subgrantee thereof at any tier, to perform construction, alteration, installation, or repair work that is assisted, in whole or in part, by a grant awarded under this section shall be paid wages at rates not less than those prevailing on similar construction, alteration, installation, or repair work in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. (2) Labor standards.--With respect to the labor standards in paragraph (1), 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. (3) Project labor agreement.--Any projects initiated using a grant under subsection (b)(2) with total capital costs of $1,000,000 or greater shall utilize a project labor agreement, as described in section 8(f) of the National Labor Relations Act (29 U.S.C. 158(f)). (4) Protections.--An eligible entity may not extend use of a grant provided under this subtitle to a subgrantee of the eligible entity, and any subgrantee thereof at any tier, to perform construction, alteration, installation, or repair work at any location other than the port or ports involved. (g) Priority.--The Administrator shall prioritize awarding grants under subsection (b)(2) to eligible entities based on the following: (1) The degree to which the eligible entity proposes to reduce-- (A) the amount of greenhouse gases emitted at a port; (B) the amount of criteria pollutants, including any precursor thereof, emitted at a port; (C) the amount of hazardous air pollutants emitted at a port; and (D) health disparities in environmental justice communities near a port. (2) The degree to which the eligible entity-- (A) takes a regional approach, as applicable, to reducing greenhouse gas emissions by collaborating efforts with other ports and local electric utility owners and operators; (B) with respect to use of the grant, proposes to enable increased electrification of infrastructure or operations at the port or ports involved; and (C) proposes to use equipment and technology that is produced in the United States. (3) The degree to which the eligible entity, any subgrantee of such eligible entity, and any subgrantee thereof proposes to hire individuals to carry out the installation of zero- emissions port equipment and technology who-- (A) are domiciled-- (i) if the applicable installation area is a major urban area, not further than 15 miles from such installation area; and (ii) if the applicable installation area is not a major urban area, not further than 50 miles from such installation area; (B) are displaced and unemployed energy workers; (C) are members of the Armed Forces serving on active duty, separated from active duty, or retired from active duty; (D) have been incarcerated or served time in a juvenile or adult detention or correctional facility, or been placed on probation, community supervision, or in a diversion scheme; (E) have a disability; (F) are homeless; (G) are receiving public assistance; (H) lack a general education diploma or high school diploma; (I) are emancipated from the foster care system; or (J) are registered apprentices with fewer than 15 percent of the required graduating apprentice hours in a program. (h) Outreach.--Not later than 90 days after the date on which funds are made available to carry out this section, the Administrator shall develop and carry out an educational outreach program to promote and explain the program established under this subtitle. (i) Reports.-- (1) Report to administrator.--Not later than 90 days after receipt of a grant awarded under subsection (b), and thereafter on a periodic basis to be determined by the Administrator, the grantee shall submit to the Administrator a report on the progress of the grantee in carrying out measures funded through the grant. (2) Annual report to congress.--Not later than 1 year after the establishment of the program in subsection (a), and annually thereafter, the Administrator shall submit to Congress and make available on the public website of the Environmental Protection Agency a report that includes, with respect to each grant awarded under this section during the preceding calendar year-- (A) the name and location of the eligible entity that was awarded such grant; (B) the amount of such grant that the eligible entity was awarded; (C) the name and location of each port where measures are carried out; (D) an estimate of the impact of measures on reducing-- (i) the amount of greenhouse gases emitted at each port; (ii) the amount of criteria pollutants, including any precursors thereof, emitted at each port; (iii) the amount of hazardous air pollutants emitted at each port; and (iv) health disparities in near-port communities; and (E) any other information the Administrator determines necessary to understand the impact of grants awarded under this subsection. SEC. 34333. MODEL METHODOLOGIES. The Administrator shall-- (1) develop model methodologies that may be used by an eligible entity in developing emissions accounting and inventory practices for a qualified climate action plan; and (2) ensure that such methodologies are designed to measure progress in reducing air pollution in near-port communities. SEC. 34334. PORT ELECTRIFICATION. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Energy, shall initiate a study to evaluate-- (1) how ports, intermodal port transfer facilities, and surrounding communities may benefit from increased electrification of port infrastructure or operations; (2) the effects of increased electrification of port infrastructure and operations on air quality and energy demand; (3) the scale of investment needed to increase and maintain electrification of port infrastructure and operations, including an assessment of ports where zero-emissions port equipment and technology have already been installed or utilized; (4) how emerging technologies and strategies may be used to increase port electrification; and (5) how ports and intermodal port transfer facilities can partner with electric utility owners and operators and electrical equipment providers to strengthen the reliability and resiliency of the electric transmission and distribution system, in order to enable greater deployment of zero-emissions port equipment and technology. (b) Report.--Not later than 1 year after initiating the study under subsection (a), the Administrator shall submit to Congress and make available on the public website of the Environmental Protection Agency a report that describes the results of the study. SEC. 34335. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this subtitle $750,000,000 for each of fiscal years 2022 through 2026, to remain available until expended. (b) Development of Qualified Climate Action Plans.--In addition to the authorization of appropriations in subsection (a), there is authorized to be appropriated to carry out section 34332(b)(1) $50,000,000 for fiscal year 2022, to remain available until expended. (c) Nonattainment Areas.--To the extent practicable, at least 25 percent of amounts made available to carry out this subtitle in each fiscal year shall be used to award grants under section 34332(b)(2) to eligible entities to carry out measures at ports that are in a nonattainment area. Subpart D--Other Vehicles SEC. 34341. CLEAN SCHOOL BUS PROGRAM. (a) In General.--Section 741 of the Energy Policy Act of 2005 (42 U.S.C. 16091) is amended to read as follows: ``SEC. 741. CLEAN SCHOOL BUS PROGRAM. ``(a) Definitions.--In this section: ``(1) Administrator.--The term `Administrator' means the Administrator of the Environmental Protection Agency. ``(2) Clean school bus.--The term `clean school bus' means a school bus that is a zero-emission school bus. ``(3) Community of color.--The term `community of color' means any geographically distinct area the population of color of which is higher than the average population of color of the State in which the community is located. ``(4) Eligible contractor.--The term `eligible contractor' means a contractor that is a for-profit, not-for-profit, or nonprofit entity that has the capacity-- ``(A) to sell clean school buses, or charging or other equipment needed to charge or maintain clean school buses, to individuals or entities that own a school bus or fleet of school buses; or ``(B) to arrange financing for such a sale. ``(5) Eligible recipient.-- ``(A) In general.--Subject to subparagraph (B), the term `eligible recipient' means-- ``(i) 1 or more local or State governmental entities responsible for-- ``(I) providing school bus service to 1 or more public school systems; or ``(II) the purchase of school buses; ``(ii) a tribally controlled school (as defined in section 5212 of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2511)); ``(iii) a nonprofit school transportation association; or ``(iv) 1 or more contracting entities that provide school bus service to 1 or more public school systems. ``(B) Special requirements.--In the case of eligible recipients identified under clauses (iii) and (iv) of subparagraph (A), the Administrator shall establish timely and appropriate requirements for notice and may establish timely and appropriate requirements for approval by the public school systems that would be served by buses purchased using award funds made available under this section. ``(6) Indigenous community.--The term `indigenous community' means-- ``(A) a federally recognized Indian Tribe; ``(B) a State-recognized Indian Tribe; ``(C) an Alaska Native or Native Hawaiian community or organization; and ``(D) any other community of indigenous people, including communities in other countries. ``(7) Low income.--The term `low income' means 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. ``(8) 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 low income. ``(9) School bus.--The term `school bus' has the meaning given the term `schoolbus' in section 30125(a) of title 49, United States Code. ``(10) Scrap.-- ``(A) In general.--The term `scrap' means, with respect to a school bus engine replaced using funds awarded under this section, to recycle, crush, or shred the engine within such period and in such manner as determined by the Administrator. ``(B) Exclusion.--The term `scrap' does not include selling, leasing, exchanging, or otherwise disposing of an engine described in subparagraph (A) for use in another motor vehicle in any location. ``(11) Secretary.--The term `Secretary' means the Secretary of Energy. ``(12) Zero-emission school bus.--The term `zero-emission school bus' means a school bus with a drivetrain that produces, under any possible operational mode or condition, zero exhaust emission of-- ``(A) any air pollutant that is listed pursuant to section 108(a) of the Clean Air Act (42 U.S.C. 7408(a)) (or any precursor to such an air pollutant); and ``(B) any greenhouse gas. ``(b) Program for Replacement of Existing School Buses With Clean School Buses.-- ``(1) Establishment.--The Administrator, in consultation with the Secretary, shall establish a program for-- ``(A) making awards on a competitive basis of grants, rebates, and low-cost revolving loans to eligible recipients for the replacement of existing school buses with clean school buses; and ``(B) making awards of contracts to eligible contractors for providing rebates and low-cost revolving loans for the replacement of existing school buses with clean school buses. ``(2) Applications.--An applicant for an award under this section 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 written assurance that-- ``(i) all laborers and mechanics employed by contractors or subcontractors during construction, alteration, or repair, or at any manufacturing operation, that is financed, in whole or in part, by an award under this section, shall be paid wages at rates not less than those prevailing in a similar firm or on similar construction in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code; and ``(ii) the Secretary of Labor shall, with respect to the labor standards described in this clause, 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; ``(B) a certification that no public work or service normally performed by a public employee will be privatized or subcontracted in carrying out a project funded by the award; ``(C) to ensure a fair assessment of workforce impact related to an award under this section, a detailed accounting with respect to relevant employees, including employees in each of management, administration, operations, and maintenance, of the eligible recipient at the time of the application, including-- ``(i) the number of employees, organized by salary; ``(ii) the bargaining unit status of each employee; ``(iii) the full- or part-time status of each employee; and ``(iv) the job title of each employee; and ``(D) a description of coordination and advance planning with the local electricity provider. ``(3) Eligible manufacturers.-- ``(A) In general.--The Administrator shall maintain and make publicly available a list of manufacturers of clean school bus manufacturers from whom recipients of awards under this section may order clean school buses. ``(B) Criteria.--The Administrator shall establish a process by which manufacturers may seek inclusion on the list established pursuant to this subparagraph, which process shall include the submission of such information as the Administrator may require, including-- ``(i) a disclosure of whether there has been any administrative merits determination, arbitral award or decision, or civil judgment, as defined in guidance issued by the Secretary of Labor, rendered against the manufacturer in the preceding 3 years for violations of applicable labor, employment, civil rights, or health and safety laws; and ``(ii) specific information regarding the actions the manufacturer will take to demonstrate compliance with, and where possible exceedance of, requirements under applicable labor, employment, civil rights, and health and safety laws, and actions the manufacturer will take to ensure that its direct suppliers demonstrate compliance with applicable labor, employment, civil rights, and health and safety laws. ``(4) Priority of applications.-- ``(A) Highest priority.--In making awards under paragraph (1), the Administrator shall give highest priority to applicants that propose to replace school buses that serve the highest number of students (measured in absolute numbers or percentage of student population) who are eligible for free or reduced price lunches under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). ``(B) Additional priority.--In making awards under paragraph (1), the Administrator shall give priority to applicants that propose to complement the assistance received through the award by securing additional sources of funding for the activities supported through the award, such as through-- ``(i) public-private partnerships with electric companies; ``(ii) grants from other entities; or ``(iii) issuance of school bonds. ``(5) Use of school bus fleet.--All clean school buses acquired with funds provided under this section shall-- ``(A) be operated as part of the school bus fleet for which the award was made for not less than 5 years; ``(B) be maintained, operated, charged, and fueled according to manufacturer recommendations or State requirements; and ``(C) not be manufactured or retrofitted with, or otherwise have installed, a power unit or other technology that creates air pollution within the school bus, such as an unvented diesel passenger heater. ``(6) Awards.-- ``(A) In general.--In making awards under paragraph (1), the Administrator may make awards for up to 100 percent of the replacement costs for clean school buses, provided that such replacement costs shall not exceed 110 percent of the amount equal to the difference between the cost of a clean school bus and the cost of a diesel school bus. ``(B) Structuring awards.--In making an award under paragraph (1)(A), the Administrator shall decide whether to award a grant, rebate, or low-cost revolving loan, or a combination thereof, based primarily on-- ``(i) how best to facilitate replacing existing school buses with clean school buses; and ``(ii) the preference of the eligible recipient. ``(C) Included costs.--Awards under paragraph (1) may pay for-- ``(i) acquisition and labor costs for charging or other infrastructure needed to charge or maintain clean school buses; ``(ii) workforce development and training, to support the maintenance, charging, and operations of electric school buses; and ``(iii) planning and technical activities to support the adoption and deployment of clean school buses. ``(D) Exception.--In the case of awards under paragraph (1) to eligible recipients described in subsection (a)(4)(A)(iv), the Administrator may make awards for up to 70 percent of the replacement costs for clean school buses, except that if such a recipient demonstrates, to the satisfaction of the Administrator, that its labor standards are equal to or exceed those of the public school system that would be served by the clean school buses acquired with an award under this section, the Administrator may make an award to such recipient for up to 90 percent of the replacement costs for clean school buses. ``(E) Requirements.--The Administrator shall require, as a condition of receiving an award under this section, that award recipients-- ``(i) do not, as a result of receiving the award-- ``(I) lay off, transfer, or demote any current employee; or ``(II) reduce the salary or benefits of any current employee or worsen the conditions of work of any current employee; and ``(ii) provide current employees with training to effectively operate, maintain, or otherwise adapt to new technologies relating to clean school buses. ``(F) Buy america.-- ``(i) In general.--Except as provided in clause (ii), any clean school bus or electric vehicle supply equipment purchased using funds awarded under the this section shall comply with the requirements described in section 5323(j) of title 49, United States Code. ``(ii) Exceptions.-- ``(I) Waiver.--The Administrator may provide a waiver to the requirements describe in clause (i) in the same manner and to the same extent as the Secretary of Transportation may provide a waiver under section 5323(j)(2) of title 49, United States Code. ``(II) Percentage of components and subcomponents.--The Administrator may grant a waiver in accordance with section 5323(j)(2)(C) of title 49, United States Code, when a grant recipient procures a clean school bus or electric vehicle supply equipment using funds awarded under the program for which the cost of components and subcomponents produced in the United States-- ``(aa) for each of fiscal years 2022 through 2026, is more than 60 percent of the cost of all components of the clean school bus; and ``(bb) for fiscal year 2026 and each fiscal year thereafter, is more than 70 percent of the cost of all components of the clean school bus. ``(7) Deployment and distribution.--The Administrator shall-- ``(A) to the maximum extent practicable, achieve nationwide deployment of clean school buses through the program under this section; ``(B) ensure, as practicable, a broad geographic distribution of awards under paragraph (1) each fiscal year; and ``(C) solicit early applications for large-scale deployments and, as soon as reasonably practicable, award grants for at least one such large scale deployment in a rural location and another in an urban location, subject to the requirement that each such award recipient-- ``(i) participate in the development of best practices, lessons learned, and other information sharing to guide the implementation of the award program, including relating to building out associated infrastructure; and ``(ii) cooperate as specified in subparagraph (D); and ``(D) develop, in cooperation with award recipients, resources for future award recipients under this section. ``(8) Scrappage.-- ``(A) In general.--The Administrator shall require the recipient of an award under paragraph (1) to verify, not later than 1 year after receiving a clean school bus purchased using the award, that the engine of the replaced school bus has been scrapped. ``(B) Exception.--Subject to such conditions the Administrator determines appropriate, giving consideration to public health and reducing emissions of pollutants, the Administrator may waive the requirements of subparagraph (A) for school buses that meet-- ``(i) the emission standards applicable to a new school bus as of the date of enactment of the Leading Infrastructure For Tomorrow's America Act; or ``(ii) subsequent emission standards that are at least as stringent as the standards referred to in clause (i). ``(c) Education and Outreach.-- ``(1) In general.--Not later than 90 days after the date of enactment of the Leading Infrastructure For Tomorrow's America Act, the Administrator shall develop an education and outreach program to promote and explain the award program under this section. ``(2) Coordination with stakeholders.--The education and outreach program under paragraph (1) shall be designed and conducted in conjunction with interested national school bus transportation associations, labor unions, electric utilities, manufacturers of clean school buses, manufacturers of components of clean school buses, clean transportation nonprofit organizations, and other stakeholders. ``(3) Components.--The education and outreach program under paragraph (1) shall-- ``(A) inform, encourage, and support potential award recipients on the process of applying for awards and fulfilling the requirements of awards; ``(B) describe the available technologies and the benefits of the technologies; ``(C) explain the benefits of participating in the award program; ``(D) make available information regarding best practices, lessons learned, and technical and other information regarding-- ``(i) clean school bus acquisition and deployment; ``(ii) the build-out of associated infrastructure and advance planning with the local electricity supplier; ``(iii) workforce development and training; and ``(iv) any other information that, in the judgment of the Administrator, is relevant to transitioning to and deploying clean school buses; ``(E) make available the information provided by the Secretary pursuant to subsection (d); ``(F) in consultation with the Secretary, make information available about how clean school buses can be part of building community resilience to the effects of climate change; and ``(G) include, as appropriate, information from the annual report required under subsection (g). ``(d) DOE Assistance.-- ``(1) Information gathering.--The Secretary shall gather, and not less than annually share with the Administrator, information regarding-- ``(A) vehicle-to-grid technology, including best practices and use-case scenarios; ``(B) the use of clean school buses for community resilience; and ``(C) technical aspects of clean school bus management and deployment. ``(2) Technical assistance.--The Secretary shall, in response to a request from the Administrator, or from an applicant for or recipient of an award under this section, provide technical assistance in the development of an application for or the use of award funds. ``(e) Administrative Costs.--The Administrator may use, for the administrative costs of carrying out this section, not more than two percent of the amounts made available to carry out this section for any fiscal year. ``(f) Annual Report.--Not later than January 31 of each year, the Administrator shall submit to Congress a report that-- ``(1) evaluates the implementation of this section; ``(2) describes-- ``(A) the total number of applications received for awards under this section; ``(B) the number of clean school buses requested in such applications; ``(C) the awards made under this section and the criteria used to select the award recipients; ``(D) the awards made under this section for charging and fueling infrastructure; ``(E) ongoing compliance with the commitments made by manufacturers on the list maintained by the Administrator under subsection (b)(3); ``(F) the estimated effect of the awards under this section on emission of air pollutants, including greenhouse gases; and ``(G) any other information the Administrator considers appropriate; and ``(3) describes any waiver granted under subsection (b)(5)(B) during the preceding year. ``(g) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to the Administrator to carry out this section, to remain available until expended, $130,000,000 for each of fiscal years 2022 through 2026. ``(2) Allocation.--Of the amount authorized to be appropriated for carrying out this section for each fiscal year, no less than $52,000,000 shall be used for awards under this section to eligible recipients proposing to replace school buses to serve a community of color, indigenous community, low- income community, or any community located in an air quality area designated pursuant to section 107 of the Clean Air Act (42 U.S.C. 7407) as nonattainment.''. (b) Technical Amendment To Strike Redundant Authorization.--The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (commonly referred to as ``SAFETEA-LU'') is amended-- (1) by striking section 6015 (42 U.S.C. 16091a); and (2) in the table of contents in section 1(b) of such Act, by striking the item relating to section 6015. SEC. 34342. PILOT PROGRAM FOR THE ELECTRIFICATION OF CERTAIN REFRIGERATED VEHICLES. (a) Establishment of Pilot Program.--The Administrator shall establish and carry out a pilot program to award funds, in the form of grants, rebates, and low-cost revolving loans, as determined appropriate by the Administrator, on a competitive basis, to eligible entities to carry out projects described in subsection (b). (b) Projects.--An eligible entity receiving an award of funds under subsection (a) may use such funds only for one or more of the following projects: (1) Transport refrigeration unit replacement.--A project to retrofit a heavy-duty vehicle by replacing or retrofitting the existing diesel-powered transport refrigeration unit in such vehicle with an electric transport refrigeration unit and retiring the replaced unit for scrappage. (2) Shore power infrastructure.--A project to purchase and install shore power infrastructure or other equipment that enables transport refrigeration units to connect to electric power and operate without using diesel fuel. (c) Maximum Amounts.--The amount of an award of funds under subsection (a) shall not exceed-- (1) for the costs of a project described in subsection (b)(1), 75 percent of such costs; and (2) for the costs of a project described in subsection (b)(2), 55 percent of such costs. (d) Applications.--To be eligible to receive an award of funds under subsection (a), an eligible entity shall submit to the Administrator-- (1) a description of the air quality in the area served by the eligible entity, including a description of how the air quality is affected by diesel emissions from heavy-duty vehicles; (2) a description of the project proposed by the eligible entity, including-- (A) any technology to be used or funded by the eligible entity; and (B) a description of the heavy-duty vehicle or vehicles of the eligible entity, that will be retrofitted, if any, including-- (i) the number of such vehicles; (ii) the uses of such vehicles; (iii) the locations where such vehicles dock for the purpose of loading or unloading; and (iv) the routes driven by such vehicles, including the times at which such vehicles are driven; (3) an estimate of the cost of the proposed project; (4) a description of the age and expected lifetime control of the equipment used or funded by the eligible entity; and (5) provisions for the monitoring and verification of the project including to verify scrappage of replaced units. (e) Priority.--In awarding funds under subsection (a), the Administrator shall give priority to proposed projects that, as determined by the Administrator-- (1) maximize public health benefits; (2) are the most cost-effective; and (3) will serve the communities that are most polluted by diesel motor emissions, including communities that the Administrator identifies as being in either nonattainment or maintenance of the national ambient air quality standards for a criteria pollutant, particularly for-- (A) ozone; and (B) particulate matter. (f) Data Release.--Not later than 120 days after the date on which an award of funds is made under this section, the Administrator shall publish on the website of the Environmental Protection Agency, on a downloadable electronic database, information with respect to such award of funds, including-- (1) the name and location of the recipient; (2) the total amount of funds awarded; (3) the intended use or uses of the awarded funds; (4) the date on which the award of funds was approved; (5) where applicable, an estimate of any air pollution or greenhouse gas emissions avoided as a result of the project funded by the award; and (6) any other data the Administrator determines to be necessary for an evaluation of the use and effect of awarded funds provided under this section. (g) Reports to Congress.-- (1) Annual report to congress.--Not later than 1 year after the date of the establishment of the pilot program under this section, and annually thereafter until amounts made available to carry out this section are expended, the Administrator shall submit to Congress and make available to the public a report that describes, with respect to the applicable year-- (A) the number of applications for awards of funds received under such program; (B) all awards of funds made under such program, including a summary of the data described in subsection (f); (C) the estimated reduction of annual emissions of air pollutants regulated under section 109 of the Clean Air Act (42 U.S.C. 7409), and the estimated reduction of greenhouse gas emissions, associated with the awards of funds made under such program; (D) the number of awards of funds made under such program for projects in communities described in subsection (e)(3); and (E) any other data the Administrator determines to be necessary to describe the implementation, outcomes, or effectiveness of such program. (2) Final report.--Not later than 1 year after amounts made available to carry out this section are expended, or 5 years after the pilot program is established, whichever comes first, the Administrator shall submit to Congress and make available to the public a report that describes-- (A) all of the information collected for the annual reports under paragraph (1); (B) any benefits to the environment or human health that could result from the widespread application of electric transport refrigeration units for short-haul transportation and delivery of perishable goods or other goods requiring climate-controlled conditions, including in low-income communities and communities of color; (C) any challenges or benefits that recipients of awards of funds under such program reported with respect to the integration or use of electric transport refrigeration units and associated technologies; (D) an assessment of the national market potential for electric transport refrigeration units; (E) an assessment of challenges and opportunities for widespread deployment of electric transport refrigeration units, including in urban areas; and (F) recommendations for how future Federal, State, and local programs can best support the adoption and widespread deployment of electric transport refrigeration units. (h) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Diesel-powered transport refrigeration unit.--The term ``diesel-powered transport refrigeration unit'' means a transport refrigeration unit that is powered by an independent diesel internal combustion engine. (3) Electric transport refrigeration unit.--The term ``electric transport refrigeration unit'' means a transport refrigeration unit in which the refrigeration or climate- control system is driven by an electric motor when connected to shore power infrastructure or other equipment that enables transport refrigeration units to connect to electric power, including all-electric transport refrigeration units, hybrid electric transport refrigeration units, and standby electric transport refrigeration units. (4) Eligible entity.--The term ``eligible entity'' means-- (A) a regional, State, local, or Tribal agency, or port authority, with jurisdiction over transportation or air quality; (B) a nonprofit organization or institution that-- (i) represents or provides pollution reduction or educational services to persons or organizations that own or operate heavy-duty vehicles or fleets of heavy-duty vehicles; or (ii) has, as its principal purpose, the promotion of air quality; (C) an individual or entity that is the owner of record of a heavy-duty vehicle or a fleet of heavy-duty vehicles that operates for the transportation and delivery of perishable goods or other goods requiring climate-controlled conditions; (D) an individual or entity that is the owner of record of a facility that operates as a warehouse or storage facility for perishable goods or other goods requiring climate-controlled conditions; or (E) a hospital or public health institution that utilizes refrigeration for storage of perishable goods or other goods requiring climate-controlled conditions. (5) Heavy-duty vehicle.--The term ``heavy-duty vehicle'' means-- (A) a commercial truck or van-- (i) used for the primary purpose of transporting perishable goods or other goods requiring climate-controlled conditions; and (ii) with a gross vehicle weight rating greater than 6,000 pounds; or (B) an insulated cargo trailer used in transporting perishable goods or other goods requiring climate- controlled conditions when mounted on a semitrailer. (6) Shore power infrastructure.--The term ``shore power infrastructure'' means electrical infrastructure that provides power to the electric transport refrigeration unit of a heavy- duty vehicle when such vehicle is stationary on a property where such vehicle is parked or loaded, including a food distribution center or other location where heavy-duty vehicles congregate. (7) Transport refrigeration unit.--The term ``transport refrigeration unit'' means a climate-control system installed on a heavy-duty vehicle for the purpose of maintaining the quality of perishable goods or other goods requiring climate- controlled conditions. (i) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $10,000,000, to remain available until expended. (2) Administrative expenses.--The Administrator may use not more than 1 percent of amounts made available pursuant to paragraph (1) for administrative expenses to carry out this section. SEC. 34343. DOMESTIC MANUFACTURING CONVERSION GRANT PROGRAM. (a) Hybrid Vehicles, Advanced Vehicles, and Fuel Cell Buses.-- Subtitle B of title VII of the Energy Policy Act of 2005 (42 U.S.C. 16061 et seq.) is amended-- (1) in the subtitle header, by inserting ``Plug-In Electric Vehicles,'' before ``Hybrid Vehicles''; and (2) in part 1, in the part header, by striking ``hybrid'' and inserting ``plug-in electric''. (b) Plug-In Electric Vehicles.--Section 711 of the Energy Policy Act of 2005 (42 U.S.C. 16061) is amended to read as follows: ``SEC. 711. PLUG-IN ELECTRIC VEHICLES. ``The Secretary shall accelerate efforts, related to domestic manufacturing, that are directed toward the improvement of batteries, power electronics, and other technologies for use in plug-in electric vehicles.''. (c) Efficient Hybrid and Advanced Diesel Vehicles.--Section 712 of the Energy Policy Act of 2005 (42 U.S.C. 16062) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by inserting ``, plug-in electric,'' after ``efficient hybrid''; and (B) by amending paragraph (3) to read as follows: ``(3) Priority.--Priority shall be given to-- ``(A) the refurbishment or retooling of manufacturing facilities that have recently ceased operation or would otherwise cease operation in the near future; and ``(B) applications containing-- ``(i) a written assurance that-- ``(I) all laborers and mechanics employed by contractors or subcontractors during construction, alteration, or repair, or at any manufacturing operation, that is financed, in whole or in part, by a loan under this section shall be paid wages at rates not less than those prevailing in a similar firm or on similar construction in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code; and ``(II) the Secretary of Labor shall, with respect to the labor standards described in this paragraph, have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code; ``(ii) a disclosure of whether there has been any administrative merits determination, arbitral award or decision, or civil judgment, as defined in guidance issued by the Secretary of Labor, rendered against the applicant in the preceding 3 years for violations of applicable labor, employment, civil rights, or health and safety laws; ``(iii) specific information regarding the actions the applicant will take to demonstrate compliance with, and where possible exceedance of, requirements under applicable labor, employment, civil rights, and health and safety laws, and actions the applicant will take to ensure that its direct suppliers demonstrate compliance with applicable labor, employment, civil rights, and health and safety laws; and ``(iv) an estimate and description of the jobs and types of jobs to be retained or created by the project and the specific actions the applicant will take to increase employment and retention of dislocated workers, veterans, individuals from low-income communities, women, minorities, and other groups underrepresented in manufacturing, and individuals with a barrier to employment.''; and (2) by striking subsection (c) and inserting the following: ``(c) Cost Share and Guarantee of Operation.-- ``(1) Condition.--A recipient of a grant under this section shall pay the Secretary the full amount of the grant if the facility financed in whole or in part under this subsection fails to manufacture goods for a period of at least 10 years after the completion of construction. ``(2) Cost share.--Section 988(c) shall apply to a grant made under this subsection. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $2,500,000,000 for each of fiscal years 2022 through 2026. ``(e) Period of Availability.--An award made under this section after the date of enactment of this subsection shall only be available with respect to facilities and equipment placed in service before December 30, 2035.''. (d) Conforming Amendment.--The table of contents of the Energy Policy Act of 2005 is amended-- (1) in the item relating to subtitle B of title VII, by inserting ``Plug-In Electric Vehicles,'' before ``Hybrid Vehicles''; (2) in the item relating to part 1 of such subtitle, by striking ``Hybrid'' and inserting ``Plug-In Electric''; and (3) in the item relating to section 711, by striking ``Hybrid'' and inserting ``Plug-in electric''. SEC. 34344. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE PROGRAM. Section 136 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013) is amended-- (1) in subsection (a)-- (A) by amending paragraph to read as follows: ``(1) Advanced technology vehicle.--The term `advanced technology vehicle' means-- ``(A) an ultra efficient vehicle; ``(B) a light-duty vehicle or medium-duty passenger vehicle that-- ``(i) meets the Bin 160 Tier III emission standard established in regulations issued by the Administrator of the Environmental Protection Agency under section 202(i) of the Clean Air Act (42 U.S.C. 7521(i)), or a lower- numbered Bin emission standard; ``(ii) meets any new emission standard in effect for fine particulate matter prescribed by the Administrator under that Act (42 U.S.C. 7401 et seq.); and ``(iii) either-- ``(I) complies with the applicable regulatory standard for emissions of greenhouse gases for model year 2027 or later; or ``(II) emits zero emissions of greenhouse gases; or ``(C) a heavy-duty vehicle (excluding a medium-duty passenger vehicle) that-- ``(i) demonstrates achievement below the applicable regulatory standards for emissions of greenhouse gases for model year 2027 vehicles promulgated by the Administrator on October 25, 2016 (81 Fed. Reg. 73478); ``(ii) complies with the applicable regulatory standard for emissions of greenhouse gases for model year 2030 or later; or ``(iii) emits zero emissions of greenhouse gases.''; (B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); (C) by striking paragraph (4) and inserting the following: ``(3) Qualifying component.--The term `qualifying component' means a material, technology, component, system, or subsystem in an advanced technology vehicle, including an ultra-efficient component. ``(4) Ultra-efficient component.--The term `ultra-efficient component' means-- ``(A) a component of an ultra efficient vehicle; ``(B) fuel cell technology; ``(C) battery technology, including a battery cell, battery, battery management system, or thermal control system; ``(D) an automotive semiconductor or computer; ``(E) an electric motor, axle, or component; and ``(F) an advanced lightweight, high-strength, or high-performance material.''; and (D) in paragraph (5)-- (i) in subparagraph (B), by striking ``or'' at the end; (ii) in subparagraph (C), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(D) at least 75 miles per gallon equivalent while operating as a hydrogen fuel cell electric vehicle.''; (2) by amending subsection (b) to read as follows: ``(b) Advanced Vehicles Manufacturing Facility.-- ``(1) In general.--The Secretary shall provide facility funding awards under this section to advanced technology vehicle manufacturers and component suppliers to pay not more than 50 percent of the cost of-- ``(A) reequipping, expanding, or establishing a manufacturing facility in the United States to produce-- ``(i) advanced technology vehicles; or ``(ii) qualifying components; and ``(B) engineering integration performed in the United States of advanced technology vehicles and qualifying components. ``(2) Ultra-efficient components cost share.-- Notwithstanding paragraph (1), a facility funding award under such paragraph may pay not more than 80 percent of the cost of a project to reequip, expand, or establish a manufacturing facility in the United States to produce ultra-efficient components.''; (3) in subsection (c), by striking ``2020'' and inserting ``2026'' each place it appears; (4) in subsection (d)-- (A) by amending paragraph (2) to read as follows: ``(2) Application.--An applicant for a loan under this subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including-- ``(A) a written assurance that-- ``(i) all laborers and mechanics employed by contractors or subcontractors during construction, alteration, or repair, or at any manufacturing operation, that is financed, in whole or in part, by a loan under this section shall be paid wages at rates not less than those prevailing in a similar firm or on similar construction in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code; and ``(ii) the Secretary of Labor shall, with respect to the labor standards described in this paragraph, have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code; ``(B) a disclosure of whether there has been any administrative merits determination, arbitral award or decision, or civil judgment, as defined in guidance issued by the Secretary of Labor, rendered against the applicant in the preceding 3 years for violations of applicable labor, employment, civil rights, or health and safety laws; ``(C) specific information regarding the actions the applicant will take to demonstrate compliance with, and where possible exceedance of, requirements under applicable labor, employment, civil rights, and health and safety laws, and actions the applicant will take to ensure that its direct suppliers demonstrate compliance with applicable labor, employment, civil rights, and health and safety laws; and ``(D) an estimate and description of the jobs and types of jobs to be retained or created by the project and the specific actions the applicant will take to increase employment and retention of dislocated workers, veterans, individuals from low-income communities, women, minorities, and other groups underrepresented in manufacturing, and individuals with a barrier to employment.''; (B) by amending paragraph (3) to read as follows: ``(3) Selection of eligible projects.-- ``(A) In general.--The Secretary shall select eligible projects to receive loans under this subsection in cases in which the Secretary determines-- ``(i) the loan recipient-- ``(I) has a reasonable prospect of repaying the principal and interest on the loan; ``(II) will provide sufficient information to the Secretary for the Secretary to ensure that the qualified investment is expended efficiently and effectively; and ``(III) has met such other criteria as may be established and published by the Secretary; and ``(ii) the amount of the loan (when combined with amounts available to the loan recipient from other sources) will be sufficient to carry out the project. ``(B) Reasonable prospect of repayment.--The Secretary shall base a determination of whether there is a reasonable prospect of repayment of the principal and interest on a loan under subparagraph (A) on a comprehensive evaluation of whether the loan recipient has a reasonable prospect of repaying the principal and interest, including evaluation of-- ``(i) the strength of an eligible project's contractual terms (if commercially reasonably available); ``(ii) the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by the Secretary; ``(iii) cash sweeps and other structure enhancements; ``(iv) the projected financial strength of the loan recipient at the time of loan close and projected throughout the loan term after the project is completed; ``(v) the financial strength of the loan recipient's investors and strategic partners, if applicable; and ``(vi) other financial metrics and analyses that are relied upon by the private lending community and nationally recognized credit rating agencies, as determined appropriate by the Secretary.''; and (C) in paragraph (4)-- (i) in subparagraph (B)(i), by striking ``; and'' and inserting ``; or''; (ii) in subparagraph (C), by striking ``; and'' and inserting a semicolon; (iii) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (iv) by adding at the end the following: ``(E) shall be subject to the condition that the loan is not subordinate to other financing.''; (5) by amending subsection (e) to read as follows: ``(e) Regulations.--Not later than 6 months after the date of enactment of the Leading Infrastructure For Tomorrow's America Act, the Secretary shall issue a final rule establishing regulations to carry out this section.''; (6) by amending subsection (f) to read as follows: ``(f) Fees.--The Secretary shall charge and collect fees for loans under this section in amounts the Secretary determines are sufficient to cover applicable administrative expenses (including any costs associated with third-party consultants engaged by the Secretary), which may not exceed $100,000 or 10 basis points of the loan and may not be collected prior to financial closing.''; (7) by amending subsection (g) to read as follows: ``(g) Priority.--The Secretary shall, in making awards or loans to those manufacturers that have existing facilities (which may be idle), give priority to those facilities that are or would be-- ``(1) oldest or in existence for at least 20 years; ``(2) recently closed, or at risk of closure; ``(3) utilized primarily for the manufacture of medium-duty passenger vehicles or other heavy-duty vehicles that emit zero greenhouse gas emissions; or ``(4) utilized primarily for the manufacture of ultra- efficient components.''; (8) in subsection (h)-- (A) in the header, by striking ``Automobile'' and inserting ``Advanced Technology Vehicle''; and (B) in paragraph (1)(B), by striking ``automobiles, or components of automobiles'' and inserting ``advanced technology vehicles, or components of advanced technology vehicles''; (9) by striking subsection (i) and redesignating subsection (j) as subsection (i); and (10) by adding at the end the following: ``(j) Coordination.--In carrying out this section, the Secretary shall coordinate with relevant vehicle, bioenergy, and hydrogen and fuel cell demonstration project activities supported by the Department. ``(k) Outreach.--In carrying out this section, the Secretary shall-- ``(1) provide assistance with the completion of applications for awards or loans under this section; and ``(2) conduct outreach, including through conferences and online programs, to disseminate information on awards and loans under this section to potential applicants. ``(l) Report.--Not later than 2 years after the date of the enactment of this subsection, and every 3 years thereafter, the Secretary shall submit to Congress a report on the status of projects supported by a loan under this section, including-- ``(1) a list of projects receiving a loan under this section, including the loan amount and construction status of each such project; ``(2) the status of each project's loan repayment, including future repayment projections; ``(3) data regarding the number of direct and indirect jobs retained, restored, or created by financed projects; ``(4) the number of new projects projected to receive a loan under this section in the next 2 years and the aggregate loan amount; ``(5) evaluation of ongoing compliance with the assurances and commitments and of the predictions made by applicants pursuant to subsection (d)(2); and ``(6) any other metrics the Secretary finds appropriate.''. TITLE IV--HEALTH CARE INFRASTRUCTURE SEC. 40001. CORE PUBLIC HEALTH INFRASTRUCTURE FOR STATE, LOCAL, TRIBAL, AND TERRITORIAL HEALTH DEPARTMENTS. (a) Program.--The Secretary of Health and Human Services (in this title referred to as the ``Secretary''), acting through the Director of the Centers for Disease Control and Prevention, shall establish a core public health infrastructure program consisting of awarding grants under subsection (b). (b) Grants.-- (1) Award.--For the purpose of addressing core public health infrastructure needs, the Secretary-- (A) shall award a grant to each State health department; and (B) may award grants on a competitive basis to State, local, Tribal, or territorial health departments. (2) Allocation.--Of the total amount of funds awarded as grants under this subsection for a fiscal year-- (A) not less than 50 percent shall be for grants to State health departments under paragraph (1)(A); and (B) not less than 30 percent shall be for grants to State, local, Tribal, or territorial health departments under paragraph (1)(B). (c) Use of Funds.--A State, local, Tribal, or territorial health department receiving a grant under subsection (b) shall use the grant funds to address core public health infrastructure needs, including those identified in the accreditation process under subsection (g). (d) Formula Grants to State Health Departments.--In making grants under subsection (b)(1)(A), the Secretary shall award funds to each State health department in accordance with-- (1) a formula based on population size, burden of preventable disease and disability, and core public health infrastructure gaps, including those identified in the accreditation process under subsection (g); and (2) application requirements established by the Secretary, including a requirement that the State health department submit a plan that demonstrates to the satisfaction of the Secretary that the State's health department will-- (A) address its highest priority core public health infrastructure needs; and (B) as appropriate, allocate funds to local health departments within the State. (e) Competitive Grants to State, Local, Tribal, and Territorial Health Departments.--In making grants under subsection (b)(1)(B), the Secretary shall give priority to applicants demonstrating core public health infrastructure needs identified in the accreditation process under subsection (g). (f) Maintenance of Effort.--The Secretary may award a grant to an entity under subsection (b) only if the entity demonstrates to the satisfaction of the Secretary that-- (1) funds received through the grant will be expended only to supplement, and not supplant, non-Federal and Federal funds otherwise available to the entity for the purpose of addressing core public health infrastructure needs; and (2) with respect to activities for which the grant is awarded, the entity will maintain expenditures of non-Federal amounts for such activities at a level not less than the level of such expenditures maintained by the entity for the fiscal year preceding the fiscal year for which the entity receives the grant. (g) Establishment of a Public Health Accreditation Program.-- (1) In general.--The Secretary shall-- (A) develop, and periodically review and update, standards for voluntary accreditation of State, local, Tribal, and territorial health departments and public health laboratories for the purpose of advancing the quality and performance of such departments and laboratories; and (B) implement a program to accredit such health departments and laboratories in accordance with such standards. (2) Cooperative agreement.--The Secretary may enter into a cooperative agreement with a private nonprofit entity to carry out paragraph (1). (h) Report.--The Secretary shall submit to the Congress an annual report on progress being made to accredit entities under subsection (g), including-- (1) a strategy, including goals and objectives, for accrediting entities under subsection (g) and achieving the purpose described in subsection (g)(1)(A); (2) identification of gaps in research related to core public health infrastructure; and (3) recommendations of priority areas for such research. (i) Definition.--In this section, the term ``core public health infrastructure'' includes-- (1) workforce capacity and competency; (2) laboratory systems; (3) testing capacity, including test platforms, mobile testing units, and personnel; (4) health information, health information systems, and health information analysis; (5) disease surveillance; (6) contact tracing; (7) communications; (8) financing; (9) other relevant components of organizational capacity; and (10) other related activities. (j) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $6,000,000,000 for the period of fiscal years 2022 through 2026. SEC. 40002. CORE PUBLIC HEALTH INFRASTRUCTURE AND ACTIVITIES FOR CDC. (a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall expand and improve the core public health infrastructure and activities of the Centers for Disease Control and Prevention to address unmet and emerging public health needs. (b) Report.--The Secretary shall submit to the Congress an annual report on the activities funded through this section. (c) Definition.--In this section, the term ``core public health infrastructure'' has the meaning given to such term in section 40001. (d) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $1,000,000,000 for the period of fiscal years 2022 through 2026. SEC. 40003. HOSPITAL INFRASTRUCTURE. (a) In General.--Section 1610(a) of the Public Health Service Act (42 U.S.C. 300r(a)) is amended-- (1) in paragraph (1)(A)-- (A) in clause (i), by striking ``or'' at the end; (B) in clause (ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iii) increase capacity and update hospitals and other medical facilities in order to better serve communities in need.''; and (2) by striking paragraph (3) and inserting the following: ``(3) Priority.--In awarding grants under this subsection, the Secretary shall give priority to applicants whose projects will include, by design, public health emergency preparedness or cybersecurity against cyber threats. ``(4) American Iron and Steel Products.-- ``(A) In general.--As a condition on receipt of a grant under this subsection for a project, an entity shall ensure that all of the iron and steel products used in the project are produced in the United States. ``(B) Application.--Subparagraph (A) shall be waived in any case or category of cases in which the Secretary finds that-- ``(i) applying subparagraph (A) would be inconsistent with the public interest; ``(ii) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or ``(iii) 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) Waiver.--If the Secretary receives a request for a waiver under this paragraph, the Secretary shall make available to the public, on an informal basis, a copy of the request and information available to the Secretary 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 shall make the request and accompanying information available by electronic means, including on the official public internet site of the Department of Health and Human Services. ``(D) International agreements.--This paragraph shall be applied in a manner consistent with United States obligations under international agreements. ``(E) Management and oversight.--The Secretary may retain up to 0.25 percent of the funds appropriated for this subsection for management and oversight of the requirements of this paragraph. ``(F) Effective date.--This paragraph does not apply with respect to a project if a State agency approves the engineering plans and specifications for the project, in that agency's capacity to approve such plans and specifications prior to a project requesting bids, prior to the date of enactment of this paragraph. ``(5) Authorization of Appropriations.--To carry out this subsection, there is authorized to be appropriated $2,000,000,000 for each of fiscal years 2022 through 2026.''. (b) Technical Update.--Section 1610(b) of the Public Health Service Act (42 U.S.C. 300r(b)) is amended by striking paragraph (3). SEC. 40004. PILOT PROGRAM TO IMPROVE LABORATORY INFRASTRUCTURE. (a) In General.--The Secretary shall award grants to States and political subdivisions of States to support the improvement, renovation, or modernization of infrastructure at clinical laboratories (as defined in section 353 of the Public Health Service Act (42 U.S.C. 263a)) that will help to improve SARS-CoV-2 and COVID-19 testing and response activities, including the expansion and enhancement of testing capacity at such laboratories. (b) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $4,500,000,000 for the period of fiscal years 2022 through 2026. SEC. 40005. 21ST CENTURY INDIAN HEALTH PROGRAM HOSPITALS AND OUTPATIENT HEALTH CARE FACILITIES. The Indian Health Care Improvement Act is amended by inserting after section 301 of such Act (25 U.S.C. 1631) the following: ``SEC. 301A. ADDITIONAL FUNDING FOR PLANNING, DESIGN, CONSTRUCTION, MODERNIZATION, AND RENOVATION OF HOSPITALS AND OUTPATIENT HEALTH CARE FACILITIES. ``(a) Additional Funding.--For the purpose described in subsection (b), in addition to any other funds available for such purpose, there is authorized to be appropriated $5,000,000,000 for the period of fiscal years 2022 through 2026. ``(b) Purpose.--The purpose described in this subsection is the planning, design, construction, modernization, and renovation of hospitals and outpatient health care facilities that are funded, in whole or part, by the Service through, or provided for in, a contract or compact with the Service under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.), including to address COVID-19 and other subsequent public health crises.''. SEC. 40006. PILOT PROGRAM TO IMPROVE COMMUNITY-BASED CARE INFRASTRUCTURE. (a) In General.--The Secretary may award grants to qualified teaching health centers (as defined in section 340H of the Public Health Service Act (42 U.S.C. 256h)) and behavioral health care centers (as defined by the Secretary, to include both substance abuse and mental health care facilities) to support the improvement, renovation, or modernization of infrastructure at such centers, including to address COVID-19 and other subsequent public health crises. (b) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $500,000,000 for the period of fiscal years 2022 through 2026. SEC. 40007. COMMUNITY HEALTH CENTER CAPITAL PROJECT FUNDING. Section 10503 of the Patient Protection and Affordable Care Act (42 U.S.C. 254b-2) is amended by striking subsection (c) and inserting the following: ``(c) Capital Projects.-- ``(1) In general.--There is authorized to be appropriated to the CHC Fund to be transferred to the Secretary of Health and Human Services for capital projects of the community health center program under section 330 of the Public Health Service Act, $10,000,000,000 for the period of fiscal years 2022 through 2026. ``(2) Expedited awards.--The Secretary of Health and Human Services shall take such steps as may be necessary to expedite the award of grants for capital projects pursuant to paragraph (1) and ensure that some such awards are made during fiscal year 2022.''. SEC. 40008. ENERGY EFFICIENCY. (a) In General.--As a condition on receipt of a grant for a project under section 40004 or 40006, or under section 1610(a) of the Public Health Service Act, as amended by section 40003, section 301A of the Indian Health Care Improvement Act, as added by section 40005, or section 10503(c) of the Patient Protection and Affordable Care Act, as amended by section 40007, a grant recipient shall ensure that the project increases-- (1) energy efficiency; (2) energy resilience; or (3) the use of renewable energy. (b) Application.--Subsection (a) shall be waived in any case or category of cases in which the Secretary finds that applying subsection (a)-- (1) would be inconsistent with the public interest; or (2) will increase the cost of the overall project by more than 25 percent. (c) Waiver.--If the Secretary receives a request for a waiver under this section, the Secretary shall make available to the public, on an informal basis, a copy of the request and information available to the Secretary 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 shall make the request and accompanying information available by electronic means, including on the official public internet site of the Department of Health and Human Services. (d) Management and Oversight.--The Secretary may retain up to 0.25 percent of the funds appropriated for this the provisions of law referred to in subsection (a) for management and oversight of the requirements of this section. (e) Effective Date.--This section does not apply with respect to a project if a State agency approves the engineering plans and specifications for the project, in that agency's capacity to approve such plans and specifications prior to a project requesting bids, prior to the date of enactment of this section. TITLE V--BROWNFIELDS REDEVELOPMENT SEC. 50001. AUTHORIZATION OF APPROPRIATIONS. Section 104(k)(13) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(13)) is amended to read as follows: ``(13) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection-- ``(A) $350,000,000 for fiscal year 2022; ``(B) $400,000,000 for fiscal year 2023; ``(C) $450,000,000 for fiscal year 2024; ``(D) $500,000,000 for fiscal year 2025; and ``(E) $550,000,000 for fiscal year 2026.''. SEC. 50002. STATE RESPONSE PROGRAMS. Section 128(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9628(a)(3)) is amended to read as follows: ``(3) Funding.--There is authorized to be appropriated to carry out this subsection-- ``(A) $70,000,000 for fiscal year 2022; ``(B) $80,000,000 for fiscal year 2023; ``(C) $90,000,000 for fiscal year 2024; ``(D) $100,000,000 for fiscal year 2025; and ``(E) $110,000,000 for fiscal year 2026.''. <all>

LIFT America Act

To rebuild and modernize the Nation's infrastructure to expand access to broadband and Next Generation 9-1-1, rehabilitate drinking water infrastructure, modernize the electric grid and energy supply infrastructure, redevelop brownfields, strengthen health care infrastructure, create jobs, and protect public health and the environment, and for other purposes.

LIFT America Act Leading Infrastructure For Tomorrow’s America Act Broadband Infrastructure Finance and Innovation Act of 2021

Rep. Pallone, Frank, Jr.

D

NJ

H.R.4227

Finance and Financial Sector

Developing and Empowering our Aspiring Leaders Act of 2022 This bill directs the Securities and Exchange Commission (SEC) to revise venture capital investment regulations if the SEC determines such revisions would facilitate capital formation without compromising investor protection. Venture capital funds are exempt from certain regulations applicable to other investment firms, including those related to filings, audits, and restricted communications with investors. Under current law, non-qualifying investments—which include secondary transactions and investments in other venture capital funds—may comprise up to 20% of a venture capital fund. The bill allows, after SEC approval, investments acquired through secondary transactions or investments in other venture capital funds to be considered as qualifying investments for venture capital funds. However, for a private fund to qualify as a venture capital fund, the fund's investments must predominately be acquired directly from a qualifying portfolio company.

To require the Securities and Exchange Commission to revise the definition of a qualifying investment to include an equity security issued by a qualifying portfolio company, whether acquired directly from the company or in a secondary acquisition, for purposes of the exemption from registration for venture capital fund advisers under the Investment Advisers Act of 1940, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Developing and Empowering our Aspiring Leaders Act of 2022''. SEC. 2. DEFINITIONS. Not later than the end of the 180-day period beginning on the date of the enactment of this Act, if the Securities and Exchange Commission determines the revisions would facilitate capital formation without compromising investor protection, the Commission shall-- (1) revise the definition of a qualifying investment under paragraph (c) of section 275.203(l)-1 of title 17, Code of Federal Regulations, to include an equity security issued by a qualifying portfolio company, whether acquired directly from the company or in a secondary acquisition; and (2) revise paragraph (a) of such section to require, as a condition of a private fund qualifying as a venture capital fund under such paragraph, that the qualifying investments of the private fund are predominantly qualifying investments that were acquired directly from a qualifying portfolio company. Passed the House of Representatives July 26, 2022. Attest: CHERYL L. JOHNSON, Clerk.

To require the Securities and Exchange Commission to revise the definition of a qualifying investment to include an equity security issued by a qualifying portfolio company, whether acquired directly from the company or in a secondary acquisition, for purposes of the exemption from registration for venture capital fund advisers under the Investment Advisers Act of 1940, and for other purposes.

To require the Securities and Exchange Commission to revise the definition of a qualifying investment to include an equity security issued by a qualifying portfolio company, whether acquired directly from the company or in a secondary acquisition, for purposes of the exemption from registration for venture capital fund advisers under the Investment Advisers Act of 1940, and for other purposes. To require the Securities and Exchange Commission to revise the definition of a qualifying investment to include an equity security issued by a qualifying portfolio company, whether acquired directly from the company or in a secondary acquisition, for purposes of the exemption from registration for venture capital fund advisers under the Investment Advisers Act of 1940, and for other purposes. To require the Securities and Exchange Commission to revise the definition of a qualifying investment, for purposes of the exemption from registration for venture capital fund advisers under the Investment Advisers Act of 1940, to include an equity security issued by a qualifying portfolio company and to include an investment in another venture capital fund, and for other purposes.

Developing and Empowering our Aspiring Leaders Act of 2022 Developing and Empowering our Aspiring Leaders Act of 2021

Rep. Hollingsworth, Trey

R

IN

H.R.4446

Transportation and Public Works

National Infrastructure Investment Corporation Act of 2021 This bill establishes the National Infrastructure Investment Corporation to finance infrastructure projects that are beyond the financing capabilities of states and cities, including to (1) prioritize projects in a fair and efficient manner, and (2) minimize financial costs to the federal government. The corporation must provide loans, loan guarantees, and bonds to eligible applicants for infrastructure projects in the United States.

To establish a Government corporation to provide loans and loan guarantees for infrastructure 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 ``National Infrastructure Investment Corporation Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) According to the American Society of Civil Engineers 2017 Infrastructure Report, the current condition of the infrastructure in the United States earns a grade of D+ and an estimated $4,500,000,000,000 is needed by 2025 to make conditions adequate. (2) Current and foreseeable demands on traditional funding for infrastructure expansion exceed the resources to support much-needed infrastructure programs. (3) As of April 19, 2019, the top 50 strategic infrastructure projects, including transportation, water and wastewater, ports and waterways, and telecommunications, totaled $289,370,000,000 in unmet needs. (4) Infrastructure needs are not limited to traditional roads and bridges but include a wide sector of basic, physical, and organizational structures and facilities that are needed for the effective and productive operation of society. (5) Investment in infrastructure not only creates jobs and economic growth and is a key component of maintaining a global competitive edge but is also fundamental to enhancing and preserving quality of life. (6) The establishment of a Government corporation that provides loans supported by pension funds to finance qualified infrastructure projects would attract needed supplemental capital for infrastructure development. SEC. 3. ESTABLISHMENT. There is established a corporation to be known as the ``National Infrastructure Investment Corporation'' (in this Act referred to as the ``Corporation''), which shall be a Government corporation as defined in section 103 of title 5, United States Code, whose purpose shall be to finance infrastructure projects that are beyond the financing capabilities of States and cities, including-- (1) prioritizing projects in a fair and efficient manner; and (2) minimizing financial costs to the Federal government. SEC. 4. BOARD OF DIRECTORS AND INSPECTOR GENERAL. (a) Establishment.--The management of the Corporation shall be vested in a board of directors (in this Act referred to as the ``Board''). (b) Membership.--The Board shall be composed of 7 members that meet the qualifications under subsection (c), consisting of-- (1) 3 members appointed by the President, by and with the advice and consent of the Senate; (2) 1 member appointed by the majority leader of the Senate; (3) 1 member appointed by the minority leader of the Senate; (4) 1 member appointed by the Speaker of the House of Representatives; and (5) 1 member appointed by the minority leader of the House of Representatives. (c) Qualifications.--Each member of the Board shall-- (1) be a citizen of the United States; (2) have significant demonstrated experience or expertise in-- (A) infrastructure, and with respect to infrastructure, experience or expertise in-- (i) heavy construction; (ii) labor; or (iii) government policy; (B) the financing, development, or operation of infrastructure projects, including the evaluation and selection of eligible projects; or (C) the management and administration of a financial institution that provides financing for infrastructure projects; and (3) represent different geographic regions of the United States to ensure rural areas and small communities are represented. (d) Initial Appointments.--Not later than 30 days after the date of enactment of this Act, the President and congressional leadership shall appoint the members of the Board in accordance with subsections (b) and (c). (e) Chair.--The Chair of the Board shall be designated by the President from among the members appointed under subsection (b). (f) Terms.--Each member of the Board shall hold office for a term of 5 years, except as provided in the following paragraphs: (1) Terms of initial appointees.--As designated by the President and congressional leadership at the time of appointment-- (A) the Chair shall be appointed for a term of 5 years; (B) the 4 members appointed by congressional leadership shall be appointed for a term of 4 years; and (C) the 2 members appointed by the President shall be appointed for a term of 2 years. (2) Vacancies.--Vacancies shall be filled according to the following: (A) A vacancy shall be filled in the manner in which the original appointment was made. (B) Any Board member elected to fill a vacancy occurring before the expiration of the term for which the direct predecessor of the member was appointed shall be appointed only for the remainder of that term. (C) In accordance with subparagraph (B), a Board member may serve after the expiration of the term of the direct predecessor of the Board member until a successor has taken office. (g) Responsibilities of the Board.--The responsibilities of the Board are as follows: (1) Provide low-cost loans and loan guarantees to eligible applicants under section 5. (2) Develop strategic goals for the Corporation based on the purpose of the Corporation. (3) Monitor and assess the effectiveness of the Corporation in achieving such strategic goals. (4) Review and approve the annual business plans, annual budgets, and long-term strategies of and for infrastructure projects financed through the Corporation. (5) Develop, review, and approve annual reports for the Corporation. (6) Employ at least 1 external auditor to conduct an annual audit of such infrastructure projects. (7) Employ individuals as necessary to carry out the provisions of this Act. (8) Determine the operations and internal policies of the Corporation. (h) Inspector General.--The Board shall appoint an employee of the Corporation to be known as the ``Inspector General'' whose duties shall include the following: (1) Conduct audits under section 6(b). (2) Carry out, with respect to the Corporation, duties and responsibilities established under the Inspector General Act of 1978 (5 U.S.C. App.). (3) Establish, maintain, and oversee such audits as the Inspector General considers appropriate under this Act. SEC. 5. LOANS, LOAN GUARANTEES, AND BONDING. (a) General Authority.--The Corporation shall provide loans, loan guarantees, and bonds to eligible applicants for infrastructure projects in the United States. (b) Eligibility Requirements.--An applicant is eligible for a loan, loan guarantee, or bond under this section if the applicant-- (1) submits a detailed letter of interest to the Corporation that-- (A) describes the infrastructure project and the location, purpose, and cost of the project; (B) outlines the proposed financial plan with respect to such project, including the requested loan, loan guarantee, or bond amount and the proposed obligor; (C) provides a status of environmental review; and (D) summarizes the geographic area affected by such project; (2) meets the prerequisites for assistance and conditions for assistance described in subsections (g) and (h) of section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(g) and (h)). (c) Eligible Uses.--Loans, loan guarantees, and bonds provided under this section may be used only for eligible project costs (as defined in section 601(a)(2) of title 23, United States Code) for infrastructure projects, including transportation, energy, environment, and telecommunications. (d) Consultation.--Prior to approving a loan, loan guarantee, or bond under this section, the Corporation shall require the applicant to consult with any member of the House of Representatives or member of the Senate whose district or State, respectively, is affected by the infrastructure project to ensure that such project is meritorious and to avoid any problems that may arise with respect to such project. (e) Timing.--A loan or bond provided under subsection (a) shall be structured with respect to the expected timing and duration of the construction and utility of an infrastructure project. (f) TIFIA.--Except as inconsistent with this Act, the Corporation shall provide for loans, loan guarantees, and bonds under this section in the same manner and subject to the same requirements as the Secretary of Transportation enters into loans and loan agreements under section 602 of chapter 6 of title 23, United States Code, with respect to the TIFIA program (as defined in section 601 of such title). SEC. 6. AUDITS AND REPORTS. (a) Report to Congress.--Not later than one year after the date of enactment of this Act, and annually thereafter, the Board shall submit to Congress a report on the activities of the Corporation. (b) Annual Audit.--Not later than one year after the date of enactment of this Act, and annually thereafter, the Inspector General of the Corporation shall-- (1) conduct an account audit of the Corporation; (2) conduct, supervise, and coordinate investigations of the business activities of the Corporation; (3) ensure that the Corporation is acting consistent with this Act; and (4) submit the results of such audit to Congress. (c) GAO Audit and Report.--Not later than 5 years after the date of enactment of this Act, and every 5 years thereafter, the Comptroller General of the United States shall-- (1) conduct an evaluation of the activities of the Corporation from the previous 5 fiscal years; and (2) submit to Congress a report containing the results of such evaluation, which shall include-- (A) an assessment of the impact and benefits of each infrastructure project financed through the Corporation; and (B) a review of the effectiveness of such infrastructure project in accomplishing the goals of this Act. (d) Application Waiting Period.--Before any loan or loan guarantee is awarded under this Act, the Corporation shall submit to Congress a report describing the application for such loan or loan guarantee. The Corporation may not award the loan or loan agreement before the end of the 60-day period following the submission of such report to Congress. The Corporation may award the loan or loan agreement after such period unless Congress enacts a joint resolution disapproving the application with an explanation for such disapproval. (e) Rejected Applications.--An application that is rejected under subsection (d) shall not be resubmitted to the Corporation unless the basis for the disapproval of the application has been addressed by the resubmitted application. SEC. 7. FUNDING. (a) Pension Fund Loans.--For purposes of paying for the administrative costs of the Corporation and to provide loans and loan guarantees for eligible infrastructure projects, the Board may accept loans during fiscal years 2022 through 2026 from pension funds. (b) Limitation.--The Board may not accept more than $5,000,000,000 in loans under subsection (a) during any single fiscal year. (c) Annual Percentage Rate.--With respect to a loan described under subsection (a), the Board may not pay an annual percentage rate of less than 3 percent or more than 4 percent. <all>

National Infrastructure Investment Corporation Act of 2021

To establish a Government corporation to provide loans and loan guarantees for infrastructure projects, and for other purposes.

National Infrastructure Investment Corporation Act of 2021

Rep. Carbajal, Salud O.

D

CA

H.R.9351

Energy

Nuclear Regulatory Commission Survey Act or the NRC Survey Act This bill requires the inspector general of the Nuclear Regulatory Commission (NRC) to distribute surveys about NRC's efficiency and effectiveness. The inspector general must first draft and distribute an optional and anonymous survey to NRC's employees. If feasible, the inspector general must also draft and distribute a similar survey to stakeholders in the nuclear industry.

To require the Nuclear Regulatory Commission to distribute an optional and anonymous survey to certain Commission employees to ultimately find solutions to improve the efficiency and effectiveness of the 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 ``Nuclear Regulatory Commission Survey Act'' or the ``NRC Survey Act''. SEC. 2. NRC SURVEY. (a) Findings.--Congress finds the following: (1) The Commission is an independent agency created by Congress in 1974 to ensure the safe use of radioactive materials and nuclear power for beneficial civilian purposes while protecting people and the environment. (2) The mission of the Commission is to regulate the national civilian use of nuclear byproducts, nuclear sources, and special nuclear materials to ensure adequate protection of public health and safety, to promote the common defense and security, and to protect the environment. (3) Before commercial nuclear technology can be deployed in the United States, it must be approved by the Commission. (4) Historically, the Commission has been a thorough, methodical, and conservative agency and is considered to be the gold standard in the world with respect to regulating nuclear power. (5) The Commission is a technically competent agency that seeks strategies to successfully modernize its approach to license the next generation of nuclear reactors. (6) Current licensing procedures through the Commission are very prescriptive and based primarily on conventional pressurized water reactor designs that have the potential to restrict nuclear innovation. (7) The existing design, licensing, and delivery processes for new reactor projects are extremely expensive and have lengthy timelines compared to such design, licensing, and delivery processes in other countries. (8) The Commission reports directly to Congress each year and is an independent agency that is not a part of the executive branch. (b) Sense of Congress.--It is the sense of Congress that Congress-- (1) recognizes the need for the Commission to maintain public trust by keeping the nuclear industry safe while also recognizing the need for increased efficiency to license nuclear reactors in the United States; (2) understands that asking for continued transparency from the Commission relating to the development and licensing of nuclear reactors is important for Congress and the American public; (3) stresses the need for the Commission to modernize its regulatory regime to facilitate efficient licensing of innovative next-generation nuclear technology; and (4) believes that unnecessarily long licensing reviews raise significant barriers to investment, reduce customer interest in advanced reactors, and threaten the long-term deployment potential of nuclear reactors for the next generation. (c) NRC Employee Survey.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the inspector general shall draft and distribute an optional and anonymous survey, in accordance with paragraphs (3) and (4), to covered employees. (2) Report.--Not later than 60 days after the date of distributing the survey to covered employees pursuant to paragraph (1), the inspector general shall submit to the appropriate congressional committees a report containing-- (A) an unbiased cumulative summary of the responses to each question of such survey; (B) a document that contains every individual response to each question of such survey; and (C) any other information the inspector general determines necessary or appropriate. (3) Contents of survey.--The survey drafted and distributed under paragraph (1) shall inquire about the following: (A) Any enhancements that can be made to existing licensing frameworks utilized by the Commission to increase the efficiency, timeliness, and predictability of engagements between the Commission and licensees. (B) How the Commission could improve the process of preparing for and learning about the technical details of each proposed nuclear reactor in a licensing application. (C) How the Commission could improve outreach to stakeholders, including any recommendations with respect to changing the existing policies of the Commission relating to public engagement. (D) Whether the Commission implemented a risk- informed and performance-based approach to reviewing licensing applications and, if implemented, how the Commission has implemented such approach to reviewing licensing applications. (E) Examples of laws or regulations relating to nuclear energy that-- (i) may be unnecessary, irrelevant, or duplicative; (ii) need to be revised for modern advanced reactors; and (iii) negatively affects the effectiveness and efficiency of the Commission. (F) How the Commission could maximize the efficiency of licensing reactors that are similar to reactors that are already licensed by the Commission. (G) How efficient the Commission would be in reviewing licensing applications if the Commission reviewed licensing applications through a holistic approach instead of a chapter-by-chapter approach. (H) How providing clear expectations and targets for achievable review milestones for potential applicants would affect the process of reviewing and approving licensing applications. (I) Suggestions for Congress to revise or clarify any terms and definitions relating to nuclear energy that-- (i) are used within the scope of employment for covered employees; (ii) may be outdated; (iii) have inconsistencies in term usage or definitions across different laws and regulations; or (iv) with respect to terms and definitions relating to nuclear energy in laws and regulations, used within the scope of employment for covered employees. (J) Any term, and the corresponding definition, relating to nuclear energy and nuclear waste matters in laws and regulations, that are used within the scope of employment for covered employees, that-- (i) may be outdated and in need of revision; (ii) have-- (I) inconsistencies in the definition of such term across different laws and regulations; or (II) inconsistencies in the definition of such term across different agencies; and (iii) may affect potential innovation in the nuclear industry due to the inconsistencies described in clause (ii) in the definition of such term. (K) Suggestions to Congress to clarify any inconsistencies described in paragraph (3)(J)(ii). (L) Whether covered employees feel a sense of urgency when reviewing a licensing application. (M) Whether covered employees believe that the lack of efficient licensing is hampering nuclear innovation and dissuading American companies from getting involved in the nuclear industry. (N) Whether covered employees believe that the Commission is capable of approving potentially hundreds of new licensing applications, including licensing applications for fission reactors and fusion reactors, in a timely manner over the course of the upcoming decades. (O) Suggestions to redefine the overall mission statement and mandate of the Commission so that such mission statement and mandate reflects the goals of maintaining safety and promoting nuclear innovation. (P) Challenges a covered employee faces on a daily basis within the scope of employment of such covered employee and how Congress could alleviate such challenges. (Q) How the current funding structure of the Commission affects the ability of the Commission to-- (i) engage in rulemaking or licensing review; (ii) educate covered employees; and (iii) conduct research to support risk- informed and performance-based regulations. (R) How the current funding structure of the Commission may inhibit private companies from-- (i) rapidly acquiring licenses for new nuclear reactors; and (ii) suggesting improvements to the Commission, if any, to such funding structure. (S) Any obstacles imposed by the Commission that-- (i) negatively affect American nuclear competitiveness; and (ii) should be removed. (T) How the Commission could improve the resolution of disagreements between applicants and covered employees. (U) Recommendations on improving communication between the Commission and applicants with respect to providing an early and predictable timeline and estimated costs of the licensing application process, including preapplication review and application review. (V) Whether the Advisory Committee on Reactor Safeguards (established under section 29 of the Atomic Energy Act of 1954 (42 U.S.C. 2039)) is effectively and efficiently reviewing safety studies and licensing applications, or whether the role of the Advisory Committee on Reactor Safeguards-- (i) is unnecessary and redundant with the existing review process by the Commission; and (ii) ultimately impedes nuclear innovation. (W) How the Commission is using artificial intelligence, whether the functions of the Commission could be improved if the Commission adopted an AI- friendly culture, and what organizational challenges the Commission would face in adopting and using a broader range of artificial intelligence. (X) How digitizing old data and information may improve the overall efficiency of the Commission, the steps taken to digitize such data and information, and any challenges the Commission is facing or will face in digitizing such data and information. (Y) Challenges the Commission faces with relying on data from safety and performance data simulations of proposed nuclear reactors during the application review. (Z) How effective the Commission is at communicating to applicants, potential applicants, and nuclear stakeholders about changes made to the regulatory process. (AA) Whether any new requirements or processes implemented following the nuclear accident in Fukushima may have inadvertently changed the culture and safety precautions of the Commission in a negative manner, including any unnecessary and burdensome regulations that were promulgated due to such nuclear accident. (BB) How to make the budget and fee processes of the Commission more transparent. (CC) Whether the Commission is taking appropriate actions to hire highly skilled, technical individuals to prepare for the future influx of licensing new nuclear reactors. (DD) Whether the Federal Government should standardize the definition of nuclear waste. (EE) The effectiveness of topical reports in the licensing process, how topical reports improve the efficiency of the licensing process, any challenges that are involved with topical reports, and suggestions on how to improve the timeliness of reviewing and approving topical reports. (FF) In the event the use of a topic report is not applicable, the effectiveness of other forms of preapplication engagement, including how the Commission and potential applicants may reach a resolution or binding conclusions on key issues in a timely manner. (GG) How the Commission could navigate environmental impact statements in an efficient and effective manner, and any challenges that arise while performing and reviewing environmental impact statements. (HH) Any lessons the Commission can learn from foreign governmental agencies that govern nuclear energy. (II) Any other question that the inspector general, in consultation with the Commissioners of the Commission, determines appropriate. (4) Additional language.--The survey drafted and distributed under paragraph (1) shall include at the top of the survey a statement that-- (A) describes the intent of this Act in relation to the purpose of the survey drafted and distributed under paragraph (1); and (B) assures covered employees that there will be no repercussions or consequences from taking such survey. (d) Stakeholder Survey.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the inspector general shall, if feasible, draft and distribute a survey similar to the survey under subsection (c) to stakeholders in the nuclear industry in accordance with this subsection. (2) Participation.-- (A) Stakeholder request.--If feasible, in distributing a survey under paragraph (1), the inspector general shall distribute such survey to a stakeholder in the nuclear industry only upon request by such stakeholder. (B) Anonymity.--If feasible, the inspector general shall establish a process that allows stakeholders in the nuclear industry to anonymously request to participate in the survey under subsection (a). (C) Notification.--If stakeholders in the nuclear industry are able to anonymously request to participate in the survey under this subsection, not later than 5 days after the date the Commission distributes the survey described in subsection (c), the inspector general shall notify such stakeholders that have previously engaged with the Commission, and such stakeholders that are engaged in discussions with the Commission at a time after the date of enactment of this Act, about the opportunity to participate in the survey under paragraph (1). (3) Report.--Not later than 60 days after the date of distributing the survey described in paragraph (1), the inspector general shall transmit to the appropriate congressional committees a report, accompanying the report in subsection (c)(2), containing-- (A) an unbiased cumulative summary of the responses to each question of such survey; (B) a document that contains each individual response to each question of such survey; and (C) any other information the inspector general determines necessary or appropriate. (e) Excluded Activity From Cost-Recovery Requirement.--Section 102(b)(1)(B) of the Nuclear Energy Innovation and Modernization Act (Public Law 115-439; 132 Stat. 5565) is amended by adding at the end the following: ``(iv) Costs for activities related to drafting and distributing surveys under the Nuclear Regulatory Commission Survey Act.''. (f) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Energy and Commerce and the Committee on Oversight and Reform of the House of Representatives; and (B) the Committee on Energy and Natural Resources and the Committee on Environment and Public Works of the Senate. (2) Commission.--The term ``Commission'' means the Nuclear Regulatory Commission. (3) Covered employee.--The term ``covered employee'' means any applicable employee of the Commission. (4) Inspector general.--The term ``inspector general'' means the inspector general of the Commission. <all>

NRC Survey Act

To require the Nuclear Regulatory Commission to distribute an optional and anonymous survey to certain Commission employees to ultimately find solutions to improve the efficiency and effectiveness of the Commission, and for other purposes.

NRC Survey Act Nuclear Regulatory Commission Survey Act

Rep. Donalds, Byron

R

FL

H.R.6218

Government Operations and Politics

This act designates the facility of the United States Postal Service located at 317 Blattner Drive in Avon, Minnesota, as the W.O.C. Kort Miller Plantenberg Post Office.

[117th Congress Public Law 291] [From the U.S. Government Publishing Office] [[Page 136 STAT. 4369]] Public Law 117-291 117th Congress An Act To designate the facility of the United States Postal Service located at 317 Blattner Drive in Avon, Minnesota, as the ``W.O.C. Kort Miller Plantenberg Post Office''. <<NOTE: Dec. 27, 2022 - [H.R. 6218]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. W.O.C. KORT MILLER PLANTENBERG POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 317 Blattner Drive in Avon, Minnesota, shall be known and designated as the ``W.O.C. Kort Miller Plantenberg Post Office''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``W.O.C. Kort Miller Plantenberg Post Office''. Approved December 27, 2022. LEGISLATIVE HISTORY--H.R. 6218: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Dec. 12, considered in House. Dec. 14, prior proceedings vacated; considered and passed House. Dec. 19, considered and passed Senate. <all>

To designate the facility of the United States Postal Service located at 317 Blattner Drive in Avon, Minnesota, as the "W.O.C. Kort Miller Plantenberg Post Office".

To designate the facility of the United States Postal Service located at 317 Blattner Drive in Avon, Minnesota, as the "W.O.C. Kort Miller Plantenberg Post Office".

Official Titles - House of Representatives Official Title as Introduced To designate the facility of the United States Postal Service located at 317 Blattner Drive in Avon, Minnesota, as the "W.O.C. Kort Miller Plantenberg Post Office".

Rep. Emmer, Tom

R

MN

H.R.4410

Environmental Protection

Year-Round Fuel Choice Act of 2021 This bill amends the Clean Air Act to address the limitations on Reid vapor pressure (a measure of gasoline's volatility) that are placed on gasoline during the summer ozone season. The bill applies the Reid vapor pressure requirements that are applicable to gasoline blended with 10% ethanol (E10) to gasoline blended with more than 10% ethanol. Thus, the waiver given to E10 gasoline, which allows an increase in the Reid Vapor Pressure volatility, is extended to gasoline blended with more than 10% ethanol.

To amend the Clean Air Act to modify the ethanol waiver for the Reid Vapor Pressure limitations under that 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 ``Year-Round Fuel Choice Act of 2021''. SEC. 2. ETHANOL WAIVER. Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended-- (1) in subsection (f)(4)-- (A) by striking ``(4) The Administrator, upon'' and inserting the following: ``(4) Waiver.-- ``(A) In general.--The Administrator, on''; and (B) by adding at the end the following: ``(B) Reid vapor pressure.--A fuel or fuel additive that has been granted a waiver under subparagraph (A) prior to January 1, 2017, and meets all the conditions of that waiver other than any limitations of the waiver with respect to Reid Vapor Pressure, may be introduced into commerce if the fuel or fuel additive meets all other applicable Reid Vapor Pressure requirements.''; and (2) in subsection (h)-- (A) in paragraph (4)-- (i) in the matter preceding subparagraph (A), by inserting ``or more'' after ``10 percent''; and (ii) in subparagraph (C), by striking ``additional alcohol or''; and (B) in paragraph (5)(A), by inserting ``or more'' after ``10 percent''. <all>

Year-Round Fuel Choice Act of 2021

To amend the Clean Air Act to modify the ethanol waiver for the Reid Vapor Pressure limitations under that Act, and for other purposes.

Year-Round Fuel Choice Act of 2021

Rep. Craig, Angie

D

MN

H.R.7706

Law

Judicial Ethics and Anti-Corruption Act of 2022 This bill makes various changes to the federal framework governing judicial ethics. Among the changes, the bill

To establish judicial ethics. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Judicial Ethics and Anti-Corruption Act of 2022''. SEC. 2. CONFLICTS OF INTEREST RULES FOR JUDGES AND JUSTICES AND NONCONFLICTED FEDERAL EMPLOYEE INVESTMENT ACCOUNTS. (a) Required Divestments of Conflicted Assets.-- (1) Stocks and securities.--No judge or justice may own an interest in or trade (except a divestment required or approved by the Judicial Conference of the United States) any stock, bond, commodity, future, and other form of security, including an interest in a hedge fund, a derivative, option, or other complex investment vehicle, except nonconflicted assets allowed under subsection (b). (2) Commercial real estate.--No judge or justice may maintain ownership in commercial real estate, unless ownership of such commercial real estate is necessary for an entity described in paragraph (4)(C). (3) Trusts.-- (A) In general.--No judge or justice may maintain a financial interest in any trust, including a family trust, if the Judicial Conference of the United States determines that the trust includes any-- (i) asset that might present a conflict of interest; or (ii) stock, bond, commodity, future, and other form of security, including an interest in a hedge fund, a derivative, option, or other complex investment vehicle, except nonconflicted assets allowed under subsection (b). (B) Exception.--Subparagraph (A) shall not apply to a trust described in section 102(f)(2) of the Ethics in Government Act of 1978 (5 U.S.C. App.). (4) Businesses and companies.-- (A) Privately owned or closely held corporation.-- No judge or justice may maintain ownership in a privately owned or closely held corporation, company, firm, partnership, or other business enterprise. (B) Board members.--No judge or justice may serve on the board of directors of any for-profit entity, including any corporation, company, firm, partnership, or other business enterprise. (C) Exception.--Subparagraphs (A) and (B) shall not apply to a corporation, company, firm, partnership, or other business enterprise that has gross receipts for the previous taxable year of less than $5,000,000. (b) Nonconflicted Assets.-- (1) In general.--A judge or justice may maintain assets that do not present a conflict of interest, including-- (A) a widely held investment fund-- (i) described in section 102(f)(8) of the Ethics in Government Act of 1978 (5 U.S.C. App.); (ii) that meets the requirements described in paragraph (2); and (iii) that is diversified because the fund does not have a stated policy of concentrating the investments of the fund in any industry, business, single country other than the United States, or bonds of any single State; (B) noncommercial real estate, including real estate used solely as a personal residence; (C) cash, certificates of deposit, or other forms of savings accounts; (D) a federally managed asset, including-- (i) financial interests in or income derived from-- (I) any retirement system under title 5, United States Code (including the Thrift Savings Plan under subchapter III of chapter 84 of such title); or (II) any other retirement system maintained by the United States for officers or employees of the United States, including the President, or for members of the uniformed services; (ii) benefits received under the Social Security Act (42 U.S.C. 301 et seq.); and (iii) an asset in the Federal Employee Investment Account described in paragraph (3); (E) bonds, bills, and notes issued by governmental sources, such as the Federal Government, State, or other municipality; (F) shares of Settlement Common Stock issued under section 7(g)(1)(A) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(g)(1)(A)); and (G) shares of Settlement Common Stock, as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602). (2) Widely held investment fund requirements.--A judge or justice may not maintain a widely held investment fund described in section 102(f)(8) of the Ethics in Government Act of 1978 (5 U.S.C. App.), unless-- (A) the widely held investment fund is diversified, as described in paragraph (1)(A)(iii); (B) the widely held investment fund does not present a conflict of interest; and (C) any instructions to a manager of the widely held investment fund are shared with the Judicial Conference of the United States. (3) Federal employee investment account.--Section 8472 of title 5, United States Code, is amended-- (A) in subsection (f)-- (i) in paragraph (2), by striking ``and'' at the end; (ii) in paragraph (3), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: ``(4) not later than 3 years after the date of enactment of this paragraph, establish Federal Employee Investment Accounts in the Treasury of the United States accounts for judges and justices to maintain investments in the stock and securities markets in which a judge or justice may-- ``(A) sell an asset or security, including those assets or securities that present a conflict of interest under section 2(a) of the Judicial Ethics and Anti-Corruption Act of 2022, and invest the resulting funds into the Federal Employee Investment Accounts; and ``(B) withdraw funds from their Federal Employee Investment Account at any time; ``(5) act in the interest of the plan participants and beneficiaries of Federal Employee Investment Accounts when making decisions for the purpose of providing benefits to those participants and beneficiaries; ``(6) establish a new and parallel system for recordkeeping with respect to Federal Employee Investment Accounts; and ``(7) establish a Federal Employee Investment Fund to fully cover administrative costs associated with managing Federal Employee Investment Accounts, which-- ``(A) shall be separate from the Thrift Savings Fund established under section 8437, except with respect to administrative costs for common resources; and ``(B) may be used for compensation to pay new employees, additional resources for information technology, additional call center capacity, and any other new capacity to handle the administration of Federal Employee Investment Accounts.''; (B) in subsection (g)(1)-- (i) in subparagraph (C), by striking ``and'' at the end; (ii) by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(E) promulgate regulations for the administration of Federal Employee Investment Accounts.''; and (C) by adding at the end the following: ``(k) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to establish and maintain Federal Employee Investment Accounts established under subsection (f), including for the purpose of reducing any fees paid by participants in the Federal Employee Investment Accounts.''. (c) Civil Fines.--The Attorney General or the Special Counsel may bring a civil action in the appropriate United States district court against any judge or justice who engages in conduct constituting a violation of this section and, upon proof of such conduct by a preponderance of the evidence, such judge or justice shall be subject to a civil penalty of not more than $50,000 for each violation. The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person. SEC. 3. CLARIFICATION OF GIFT BAN. (a) In General.--Section 7353 of title 5, United States Code, is amended-- (1) in subsection (a), in the matter preceding paragraph (1), by striking ``anything of value'' and inserting ``a gift''; and (2) in subsection (d)-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(3) the term `gift' means anything of value, including transportation, travel, lodgings and meals, whether provided in-kind, by purchase of a ticket, payment in advance, or reimbursement after the expense has been incurred.''. (b) Regulations.--The Judicial Conference of the United States shall promulgate regulations to carry out the amendment made by subsection (a) with respect to the judicial branch. SEC. 4. RESTRICT PRIVATELY FUNDED EDUCATIONAL EVENTS AND SPEECHES. (a) Judicial Education Fund.-- (1) Establishment.--Chapter 42 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 630. Judicial Education Fund ``(a) Definitions.--In this section-- ``(1) the term `Board' means the Board of the Federal Judicial Center established in section 621; ``(2) the term `Fund' means the Judicial Education Fund established under subsection (b); ``(3) the term `institution of higher education' has the meaning given that term under section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); ``(4) the term `national bar association' means a national organization that is open to general membership to all members of the bar; ``(5) the term `private judicial seminar'-- ``(A) means a seminar, symposia, panel discussion, course, or a similar event that provides continuing legal education to judges and justices; and ``(B) does not include-- ``(i) seminars that last 1 day or less and are conducted by, and on the campus of, an institute of higher education; ``(ii) seminars that last 1 day or less and are conducted by a national bar association or State or local bar association for the benefit of the bar association membership; or ``(iii) seminars of any length conducted by, and on the campus of an institute of higher education or by a national bar association or State or local bar association, where a judge or justice is a presenter and at which judges and justices constitute less than 25 percent of the participants; and ``(6) the term `State or local bar association' means a State or local organization that is open to general membership to all members of the bar in the specified geographic region. ``(b) Fund.--There is established within the United States Treasury a fund to be known as the `Judicial Education Fund'. ``(c) Use of Amounts.--Amounts in the Fund may be made available for the payment of necessary expenses, including reasonable expenditures for transportation, food, lodging, private judicial seminar fees and materials, incurred by a judge or justice in attending a private judicial seminar approved by the Board. Necessary expenses shall not include expenditures for recreational activities or entertainment other than that provided to all attendees as an integral part of the private judicial seminar. Any payment from the Fund shall be approved by the Board. ``(d) Required Information.--The Board may approve a private judicial seminar after submission of information by the sponsor of that private judicial seminar that includes-- ``(1) the content of the private judicial seminar (including a list of presenters, topics, and course materials); and ``(2) the litigation activities of the sponsor (including any amicus briefs submitted by the sponsor) and the presenters at the private judicial seminar (including the litigation activities of the employer of each presenter) on the topic related to those addressed at the private judicial seminar. ``(e) Public Availability.--If the Board approves a private judicial seminar, the Board shall make the information submitted under subsection (d) relating to the private judicial seminar available to judges, justices, and the public by posting the information online. ``(f) Guidelines.--The Judicial Conference shall promulgate guidelines to ensure that the Board only approves private judicial seminars that are conducted in a manner so as to maintain the public's confidence in an unbiased and fair-minded judiciary. ``(g) Authorization of Appropriations.--There are authorized to be appropriated for deposit in the Fund $3,000,000 for each of fiscal years 2022, 2023, and 2024, to remain available until expended.''. (2) Technical and conforming amendment.--The table of sections for chapter 42 of title 28, United States Code, is amended by adding at the end the following: ``630. Judicial Education Fund.''. (b) Private Judicial Seminar Gifts Prohibited.-- (1) Definitions.--In this subsection-- (A) the term ``gift'' has the meaning given that term under section 7353 of title 5, United States Code, as amended by section 3; (B) the term ``institution of higher education'' has the meaning given that term under section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); and (C) the terms ``national bar association'', ``private judicial seminar'', and ``State or local bar association'' have the meanings given those terms under section 630 of title 28, United States Code, as added by subsection (a). (2) Regulations.--Not later than 180 days after the date of enactment of this Act, the Judicial Conference of the United States shall promulgate regulations to apply section 7353(a) of title 5, United States Code, to prohibit the solicitation or acceptance of a gift in connection with a private judicial seminar. (3) Exception.--The prohibition under the regulations promulgated under paragraph (2) shall not apply if-- (A) the judge or justice participates in a private judicial seminar as a speaker, panel participant, or otherwise presents information; (B) Federal judges and justices are not the primary audience at the private judicial seminar; and (C) the gift accepted is-- (i) reimbursement from the private judicial seminar sponsor of reasonable transportation, food, or lodging expenses on any day on which the judge or justice speaks, participates, or presents information, as applicable; (ii) attendance at the private judicial seminar on any day on which the judge or justice speaks, participates, or presents information, as applicable; or (iii) anything excluded from the definition of a gift under regulations of the Judicial Conference of the United States under sections 7351 and 7353 of title 5, United States Code, as in effect on the date of enactment of this Act. SEC. 5. CODE OF CONDUCT. (a) Sense of Congress.--It is the sense of Congress that in order for justices and judges, both of the supreme and inferior courts, to hold their offices during ``good behaviour'' under section 1 of article III of the Constitution of the United States, the judges and justices shall, among other requirements, adhere to the Code of Conduct for United States Judges adopted by the Judicial Conference of the United States described in this section. (b) Applicability.--The Code of Conduct for United States Judges adopted by the Judicial Conference of the United States shall apply to the justices of the Supreme Court of the United States to the same extent as such Code applies to circuit and district judges. (c) Enforcement.--The Judicial Conference shall establish procedures, modeled after the procedures set forth in chapter 16 of title 28, United States Code, under which-- (1) complaints alleging that a justice of the Supreme Court of the United States has violated the Code of Conduct referred to in subsection (a) may be filed with or identified by the Conference; (2) such material, nonfrivolous complaints and any accompanying material are immediately referred to the Supreme Court Review Committee established in section 10; and (3) further action, where appropriate, is taken by the Conference, with respect to such complaints. (d) Submission to Congress; Effective Date.-- (1) Submission to congress.--Not later than 180 days after the date of enactment of this Act, the Judicial Conference shall submit to Congress the procedures established under subsection (b). (2) Effective date.--The procedures established under subsection (b) shall take effect 1 year after the date of enactment of this Act. SEC. 6. IMPROVING DISCLOSURE. (a) Recusal Decisions.--Section 455 of title 28, United States Code, is amended by adding at the end the following: ``(g) Recusal Lists.-- ``(1) Each justice, judge, and magistrate judge of the United States shall maintain and submit to the Judicial Conference a list of each association or interest that would require the justice, judge, or magistrate to be recused under subsection (b)(4), including any financial interests of the judge, the spouse of the judge, or any minor child of the judge residing in the household of the judge. ``(2) The Judicial Conference shall maintain and make publicly available online, at no cost, each list required under this subsection that is filed with the Judicial Conference in a format that is searchable, sortable, machine-readable, downloadable, and accessible format, and accessible in multiple languages and to individuals with disabilities. ``(3) The Judicial Conference may issue public or private guidance to justices, judges, and magistrate judges of the United States regarding the contents of the lists under this subsection to ensure such lists comply with the disqualification requirements of (b)(4).''. (b) Speeches.-- (1) In general.--Each justice, judge, and magistrate judge of the United States shall maintain and submit to the Judicial Conference of the United States a copy of each speech or other significant oral communication made by the justice, judge, or magistrate. (2) Availability.--The Judicial Conference of the United States shall maintain and make each speech or other significant oral communication submitted under paragraph (1) available to the public in printed form, upon request, and online, at no cost, in a format that is searchable, sortable, machine- readable, downloadable, and accessible in multiple languages and to individuals with disabilities. (3) Regulations.--Not later than 180 days after the date of enactment of this Act, the Judicial Conference of the United States shall promulgate regulations regarding the types of oral communications that are required to be maintained, submitted, and made publicly available under this subsection. (c) Livestreaming Judicial Proceedings.-- (1) Definition.--In this section, the term ``appellate court of the United States'' means any United States circuit court of appeals and the Supreme Court of the United States. (2) Streaming of court proceedings.--In accordance with procedures established by the Judicial Conference of the United States, the audio of each open session conducted by an appellate court of the United States shall be made available online contemporaneously with the session, unless the appellate court of the United States, by a majority vote, determines that making audio of the session available online would violate the constitutional rights or threaten the safety of any party to the proceeding. (d) Publicizing Case Assignment Information.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Judicial Conference of the United States shall promulgate regulations requiring each court of the United States to make case assignment data available to the public online, at no cost, in a format that is searchable, sortable, machine-readable, downloadable, and accessible in multiple languages and to individuals with disabilities. (2) Contents.--The case assignment data made available under paragraph (1) shall include, at a minimum, and to the extent available, the case title, docket number, case origin, filing date, and name of each authoring judge, concurring judge, and dissenting judge for each opinion issued in the case. (e) Making Websites User-Friendly.--Not later than 180 days after the date of enactment of this Act, the Judicial Conference of the United States shall promulgate regulations requiring an evaluation of, and improvements to, the website of each district court of the United States to ensure the website is easy to understand, including that it is clear how to file a complaint relating to a judge or an employee of the district court. (f) Accessibility.--The Judicial Conference shall make efforts to ensure that any disclosures required under this section are made available to the public in plain language, in a variety of languages, and accessible to individuals with disabilities. SEC. 7. OVERSIGHT PROCESS FOR DISQUALIFICATION OF JUSTICE, JUDGE, OR MAGISTRATE JUDGE. Section 455 of title 28, United States Code, as amended by section 6 of this Act, is amended by adding at the end the following: ``(h)(1) Any litigant appearing before a justice, judge, or magistrate judge of the United States may file a petition that the justice, judge, or magistrate judge of the United States, as applicable, shall be disqualified based on the criteria described in subsection (b). ``(2)(A) Any judge or magistrate judge of the United States subject to a petition under paragraph (1) may provide a public, written response to the petition that provides a written explanation relating to any disqualification decision. ``(B) Any justice of the Supreme Court of the United States subject to a petition under paragraph (1) shall provide a public, written response to the petition that provides a written explanation relating to any disqualification decision. ``(3) If a litigant makes a petition under paragraph (1) relating to a justice of the Supreme Court of the United States, the Judicial Conference of the United States shall issue a nonbinding, public advisory opinion with its recommendation, which shall be shared with the Supreme Court Review Committee established in section 10 of the Judicial Ethics and Anti-Corruption Act of 2022. ``(4) If the Judicial Conference of the United States recommends that a justice of the Supreme Court of the United States be disqualified under this section, the justice shall publicly explain a final disqualification decision in writing, which shall be shared with the Supreme Court Review Committee established in section 10 of the Judicial Ethics and Anti-Corruption Act of 2022. ``(5)(A) For any judge or magistrate judge of the United States, the Judicial Conference of the United States shall-- ``(B) establish a written process to determine whether a judge meets 1 or more of the criteria in subsection (b); ``(C) use any administrative procedures which may be necessary to aid in the execution of the written process described in subparagraph (B), which may include any procedures or software that may be necessary to determine whether a judge meets 1 or more of the criteria in subsection (b); and ``(D) the process described in subparagraph (B) shall be made publicly available and, at a minimum-- ``(i) include how an individual may make a petition under paragraph (1) for a judge to be disqualified; ``(ii) ensure that a judge or group of judges other than the judge who is the subject of the inquiry determines whether the judge shall be disqualified; ``(iii) allow the judge or group of judges making the disqualification determination to receive the expert advice of ethics personnel and officials, including individuals with expertise in ethics at the Judicial Conference; ``(iv) require that the judge be disqualified should another judge or group of judges determine that the judge must be disqualified in accordance with this subsection; and ``(v) require that all recusal decisions be made publicly available and be accompanied by a written explanation for the recusal decision.''. SEC. 8. COMPLAINTS AGAINST RETIRED JUDGES AND JUDICIAL DISCIPLINE. (a) Complaints.--Section 351(d) of title 28, United States Code, is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) the term `judge'-- ``(A) means a circuit judge, district judge, bankruptcy judge, or magistrate judge; and ``(B) includes a retired judge described in subparagraph (A);''; (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 term `retired judge' means any judge of the United States who has retired from regular active service under section 371(b) or 372(a).''. (b) Review of Complaint by Chief Judge.--Section 352 of title 28, United States Code, is amended by adding at the end the following: ``(e) Definition.--In this section, the term `intervening events' does not include the retirement of the judge whose conduct is complained of or the nomination or confirmation of the judge to the Supreme Court of the United States.''. SEC. 9. ACTION BY JUDICIAL COUNCIL IN RESPONSE TO MISCONDUCT BY JUDGES. Section 354 of title 28, United States Code, is amended-- (1) in subsection (a)(2), by adding at the end the following: ``(D) Retired judges.--If the conduct of a retired judge is the subject of the complaint, action by the judicial council under paragraph (1)(C) may include-- ``(i) censuring or reprimanding the judge by means of public announcement; and ``(ii) reducing or rescinding the nonvested pension benefits of the retired judge. ``(E) Remedial actions for certain conduct.-- ``(i) Definition.--In this subparagraph, the term `covered judge' does not include a retired judge. ``(ii) Conduct.--If the conduct of a covered judge is the subject of the complaint, action by the judicial council under paragraph (1)(C) may include mandating that the covered judge participate in professional counseling, treatment, education, or mentoring to address the misconduct at issue.''; and (2) by adding at the end the following: ``(c) Report.-- ``(1) Submission to judicial conference of the united states.--Each chief judge of the circuit shall submit to the Judicial Conference of the United States an annual report on, with respect to the previous year-- ``(A) the number of complaints filed under section 351 against judges in the circuit; and ``(B) the outcome of the complaints described in subparagraph (A). ``(2) Submission to congress.--The Judicial Conference of the United States shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives each report submitted under paragraph (1). ``(3) Public availability.--No later than 30 days after submitting to Congress each report under paragraph (1), the Judicial Conference of the United States shall make the report available to the public.''. SEC. 10. SUPREME COURT COMPLAINTS REVIEW COMMITTEE. (a) Definitions.--In this section: (1) Review committee.--The term ``Review Committee'' means the Supreme Court Complaints Review Committee. (2) Close family member.--The term ``close family member'' includes-- (A) a parent of the reporting individual; (B) a spouse of the reporting individual; and (C) an adult child of the reporting individual. (b) Establishment.--For the purpose of assisting the House of Representatives in carrying out its responsibilities under section 2 of article I and section 4 of article II of the Constitution of the United States, there is established in the legislative branch to be known as the Supreme Court Complaints Review Committee under the general supervision of the Committee on the Judiciary of the House of Representatives. (c) Members.-- (1) In general.--The Review Committee shall consist of 5 members, of whom-- (A) 2 shall be appointed by the Speaker of the House of Representatives; (B) 2 shall be appointed by the minority leader of the House of Representatives; and (C) 1 shall be appointed by agreement of the Speaker of the House of Representatives and the minority leader of the House of Representatives. (2) Qualifications of review committee members.-- (A) Expertise.--Each member of the Review Committee shall be an individual of exceptional public standing who is specifically qualified to serve on the Review Committee by virtue of the individual's education, training, or experience in 1 or more of the following fields: (i) Constitutional law. (ii) Impeachment. (iii) Judicial ethics. (iv) Professional ethics. (v) Legal history. (vi) Judicial service. (B) Selection basis.--Selection and appointment of each member of the Review Committee shall be without regard to political affiliation and solely on the basis of fitness to perform the duties of a member of the Review Committee. (C) Citizenship.--Each member of the Review Committee shall be a United States citizen. (D) Disqualifications.--No individual shall be eligible for appointment to, or service on, the Review Committee who-- (i) has ever been registered, or required to be registered, as a lobbyist under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.); (ii) engages in, or is otherwise employed in, lobbying of the Congress; (iii) is registered or is required to be registered as an agent of a foreign principal under the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.); (iv) is a currently serving judge, justice, or employee of the Federal courts; (v) is an officer or employee of the Federal Government; (vi) is a close family member of any judge or justice of the Federal courts; (vii) during the 4 years preceding the date of appointment, engaged in any significant political activity (including being a candidate for public office, fundraising for a candidate for public office or a political party, or serving as an officer or employee of a political campaign or party); (viii) during the 2 years preceding the date of appointment, served as a fiduciary or personal attorney for a judge, justice, or employee of the Federal courts, including any judge or justice; or (ix) any currently serving Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. (3) Term and removal.-- (A) Length of term.--The term of a member of the Review Committee shall be for 2 Congresses. (B) Term limits.--A member of the Review Committee may not serve during 4 consecutive Congresses. (C) Removal.--A member of the Review Committee may be removed upon unanimous agreement among the Speaker and the minority leader of the House of Representatives or by an affirmative vote of \2/3\ of the members of the Committee on the Judiciary of the House of Representatives. (D) Vacancies.--Any vacancy on the Review Committee shall be filled for the unexpired portion of the term in the same manner, and by the same appointing authority, as the original appointment under paragraph (2). (d) Chairperson and Vice-Chairperson.-- (1) In general.--The members of the Review Committee shall elect a chairperson and a vice-chairperson of the Review Committee by a majority vote. The chairperson and the vice- chairperson shall serve a 1-year term, and may be reelected for additional 1-year terms. (2) Duties.--The chairperson of the Review Committee shall preside at the meetings of the Review Committee, and the vice- chairperson shall preside in the absence or disability of the chairperson. (e) Meetings.-- (1) Quorum.--A majority of the members of the Review Committee shall constitute a quorum. (2) Meetings.--The Review Committee shall meet at the call of the chairperson, the chair of the Committee on the Judiciary of the House of Representatives, or the call of a majority of its members, pursuant to the rules of the Review Committee. (3) Voting.--Except as otherwise specifically provided, a majority vote of the Review Committee under this subtitle shall require an affirmative vote of 3 or more members. (f) Compensation.--A member of the Review Committee shall not be considered to be an officer or employee of the House or Senate, but shall be compensated at a rate equal to the daily equivalent of the minimum annual rate of basic pay prescribed for GS-15 of the General Schedule under section 5107 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Review Committee. (g) Duties of Review Committee.-- (1) In general.--The Review Committee shall review each complaint made against the Chief Justice of the United States or a Justice of the Supreme Court of the United States through the review process described in subsection (m). (2) Hearings.--The Review Committee may hold such hearings as are necessary and may sit and act only in executive session at such times and places, solicit such testimony, and receive such relevant evidence, as may be necessary to carry out its duties. (h) Financial Disclosure Reports.-- (1) In general.--Each member of the Review Committee shall file an annual financial disclosure report with the Clerk of the House of Representatives on or before May 15 of each calendar year immediately following any year in which the member served on the Review Committee. Each such report shall be on a form prepared by the Clerk that is substantially similar to the form required for individuals at the executive branch who must complete a confidential financial disclosure report under section 102 of the Ethics in Government Act of 1978 (5 U.S.C. App.). (2) Distribution of report.--The Clerk of the House of Representatives shall-- (A) not later than 7 days after the date each financial disclosure report under paragraph (1) is filed, send a copy of each such report to the Committee on the Judiciary of the House of Representatives; and (B) annually print all such financial disclosure reports as a document of Congress, and make the document available to the public. (i) Duties and Powers of the Review Committee.-- (1) In general.--The Review Committee is authorized-- (A) to establish a process for receiving and reviewing complaints from any person regarding allegations of misconduct by a justice of the Supreme Court of the United States; (B) to conduct a review of material complaints regarding alleged misconduct by a justice of the Supreme Court of the United States; and (C) in any case where the Review Committee determines, on the basis of the review described in subsection (m), that a justice may have engaged in conduct which might violate the Code of Conduct for United States Judges adopted by the Judicial Conference of the United States or constitute 1 or more grounds for impeachment under article II of the Constitution of the United States, or which, in the interest of justice, is not amenable to resolution by the Review Committee, the Review Committee shall promptly certify such determination, together with any complaint and a record of any associated proceedings to the Committee on the Judiciary of the House of Representatives. (2) Referrals to law enforcement officials.-- (A) In general.--Upon a majority vote of the Review Committee, the Review Committee may refer potential legal violations committed by a justice to the Department of Justice or other relevant Federal or State law enforcement officials, which referral shall include all appropriate evidence gathered during any review or preliminary investigation conducted under this subtitle. (B) Notification.--The Review Committee shall notify the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives of all referrals under this subsection. (3) Limitations on review.--No review may be undertaken by the Review Committee of any complaint-- (A) that is primarily concerned with challenging the merits of a decision or procedural ruling; (B) that is frivolous, lacking sufficient evidence to raise an inference that misconduct has occurred, or containing allegations that are incapable of being established through investigation; (C) concerning any alleged violation of law, rule, regulation or standard of conduct not in effect at the time of the alleged violation; or (D) concerning any alleged violation that occurred before the date of enactment of this Act. (j) Prohibition on Public Disclosure.-- (1) In general.-- (A) Prohibition on public disclosure.--No information obtained by a member or employee of the Review Committee regarding complaints shall be publicly disclosed to any person or entity outside the Review Committee, unless approved by a majority vote of the Review Committee. Any communication to any person or entity outside the Review Committee may occur only as authorized by the Review Committee. (B) Procedures and investigation.--The Review Committee shall establish, in consultation with relevant agencies, procedures necessary to prevent the unauthorized disclosure of any information received by the Review Committee. Any breaches of confidentiality shall be investigated by the Review Committee and appropriate action shall be taken, which may include a recommendation to Congress for removal pursuant to subsection (c)(3)(C). (2) Provision with respect to house and senate judiciary committees.--Paragraph (1) shall not preclude-- (A) any member or employee of the Review Committee from presenting a report or findings of the Committee, or testifying before the Committee on the Judiciary of the House of Representatives, if requested by the Committee on the Judiciary of the House of Representatives pursuant to its rules; (B) any necessary communication with the Department of Justice or any other law enforcement agency; or (C) any necessary communication with the Speaker or minority leader of the House of Representatives or the majority leader or minority leader of the Senate. (3) Opportunity to present.--Before the Review Committee votes on a recommendation or statement to be transmitted to the Committee on the Judiciary of the House of Representatives relating to a complaint involving a justice, the Review Committee shall provide the justice whose conduct is the subject of the complaint the opportunity to present, orally or in writing (at the discretion of the justice), a statement to the Review Committee. (k) Presentation of Reports to the House Judiciary Committee.-- Whenever the Review Committee transmits any report to the Committee on the Judiciary of the House of Representatives relating to a complaint involving a justice, the Review Committee shall designate a member or employee of the Review Committee to present the report to the House Judiciary Committee if requested by the Committee on the Judiciary of the House of Representatives. (l) Maintaining of Financial Disclosure Reports.--The Review Committee shall receive, and maintain, a copy of each report filed under section 101 of the Ethics in Government Act of 1978 (5 U.S.C. App.) by a justice of the Supreme Court of the United States. (m) Complaints.-- (1) Source of complaints.--Any person, including a judge, justice, or employee of the courts of the United States, may file with the Review Committee a complaint alleging a violation by a justice of any law (including any regulation), rule, or other standard of conduct, including the Code of Conduct for United States Judges adopted by the Judicial Conference of the United States, applicable to the conduct of such justice in the performance of the duties, or the discharge of the responsibilities, of the justice. (2) False claims and statements acknowledgment.--Any complaint submission under paragraph (1) shall include a signed statement acknowledging that the person submitting the allegation or information understands that section 1001 of title 18, United States Code (popularly known as the ``False Statements Act'') applies to the information. (3) Review process of alleged violations by a justice.-- (A) Review authorization.-- (i) In general.--After receiving a complaint under paragraph (1), the Review Committee may, by majority vote, authorize a review under subparagraph (B) of any alleged violation by a justice of any law (including any regulation), rule, or other standard of conduct, including the Code of Conduct for United States Judges adopted by the Judicial Conference of the United States, applicable to the conduct of such justice in the performance of the duties, or the discharge of the responsibilities, of the justice. (ii) Requirements.--The authorization under clause (i) shall-- (I) be in writing; and (II) include a brief description of the specific matter and an explanation of why allegations in complaint meet the criteria in subsection (i)(3). (B) Review process.-- (i) Initiation and notification of review.--After the date on which the Review Committee makes an authorization under subparagraph (A), the Review Committee shall-- (I) initiate a review of the alleged violation; and (II) provide a written notification of the commencement of the review, including a statement of the nature of the review, to-- (aa) the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives; and (bb) the justice who is the subject of the review. (ii) Opportunity to terminate review.--At any time, the Review Committee may, by a majority vote, terminate a review on any ground, including that the matter under review is de minimis in nature. If the Review Committee votes to terminate the review, the Committee shall-- (I) notify, in writing, the complainant, the justice who was the subject of the review, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives of its decision to terminate the review of the matter; and (II) send a report, including any findings of the Review Committee, to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. (C) Scope of review.--During a review, the Review Committee shall evaluate the complaint and determine, based on a majority vote, whether the misconduct alleged in the complaint, if true, may constitute ``Treason, Bribery, and other high Crimes and Misdemeanors'' under section 4 of article II of the Constitution of the United States. (D) Completion of review.--Upon the completion of any review, the Review Committee shall-- (i) transmit to the Committee on the Judiciary of the House of Representatives a written report that includes-- (I) a statement of the nature of the review and the justice who is the subject of the review; (II) the Review Committee's determination under paragraph (3); (III) a description of the number of members voting in the affirmative and in the negative for the determination under subparagraph (C); (IV) any relevant findings of the Review Committee, including-- (aa) any findings of fact; (bb) a description of any relevant information that the Review Committee was unable to obtain or witnesses whom the Review Committee was unable to interview, and the reasons therefor; and (cc) a citation of any relevant law, regulation, or standard of conduct relating to the alleged misconduct; (V) any supporting documentation; (VI) a written determination of whether the misconduct alleged in the complaint, if true, may constitute ``Treason, Bribery, and other high Crimes and Misdemeanors'' under section 4 of article II of the Constitution of the United States; and (VII) if necessary, a brief statement of dissent from the members of the Review Committee voting in the negative for the determination under subparagraph (C); and (ii) transmit to the complainant and the justice who is the subject of the review the written report of the Review Committee described in clause (i). (n) House Judiciary Committee Consideration of Review Committee Report.--If the Review Committee determines, after a review, that misconduct alleged in a complaint, if true, may constitute ``Treason, Bribery, and other high Crimes and Misdemeanors'' under section 4 of article II of the Constitution of the United States, not later than 30 legislative days of continuous session in the House of Representatives after the Committee on the Judiciary of the House of Representatives receives a report under subsection (m), the Committee on the Judiciary of the House of Representatives shall vote on whether to proceed with an investigation or an impeachment inquiry. (o) Request From House Judiciary Committee.-- (1) In general.--Notwithstanding any other provision of this section, upon receipt of a written request from the Committee on the Judiciary of the House of Representatives that the Review Committee cease its review of any matter and refer such matter to the Committee on the Judiciary of the House of Representatives because of the ongoing investigation of the matter by the Committee on the Judiciary of the House of Representatives, the Review Committee shall refer such matter to the Committee on the Judiciary of the House of Representatives, cease its review of that matter and so notify any justice who is the subject of the review. (2) Resumption of review.--If the Committee on the Judiciary of the House of Representatives notifies the Review Committee in writing that the Review Committee may continue its review of the complaint, the Review Committee may begin or continue, as the case may be, a review of the matter. (3) Rule of construction.--Nothing in this subsection shall be construed to prevent the Review Committee from sending any information regarding the matter to law enforcement agencies. (p) Procedures.-- (1) Review powers.--Members or employees of the Review Committee may, during a review-- (A) administer to or take from any person an oath, affirmation, or affidavit; (B) obtain information or assistance from any Federal, State, or local governmental agency, or other entity, or unit thereof, including all information kept in the course of business by the Judicial Conference of the United States, the judicial councils of circuits, the Administrative Office of the United States Courts, and the United States Sentencing Commission; (C) take the deposition of witnesses; and (D) submit to the chair of the Committee on the Judiciary of the House of Representatives a request for the Committee on the Judiciary of the House of Representatives to require by subpoena the attendance of and testimony by witnesses and the production of any book, check, canceled check, correspondence, communication, document, email, paper, physical evidence, record, recording, tape, or other material (including electronic records) relating to any matter or question the Review Committee is authorized to review from any individual or entity, which-- (i) shall be handled in accordance with the rules of the Committee on the Judiciary of the House of Representatives; and (ii) may allow for the transmission of information or testimony between the Review Committee and the Committee on the Judiciary of the House of Representatives, in accordance with rules of the Committee on the Judiciary of the House of Representatives. (2) Prohibition of ex parte communications.--There shall be no ex parte communications between any member or employee of the Review Committee and any justice who is the subject of any review by the Review Committee or between any member of the Review Committee and any interested party. (3) Other review committee rules and procedures.--The Review Committee is authorized to establish any additional rules or procedures pursuant to its duties and powers in paragraph (1) necessary to carry out the functions of the Review Committee in accordance with this section. (q) Personnel Matters.-- (1) Appointment and compensation of employees.--The Review Committee may appoint and fix the compensation of such professional, nonpartisan staff (including staff with relevant experience in investigations and law enforcement) of the Review Committee as it considers necessary to perform its duties, who-- (A) shall perform all official duties in a nonpartisan manner; and (B) may not engage in any partisan political activity directly affecting any congressional or presidential election, or any nomination of a Federal judge or justice. (2) Qualifications.--Each employee of the Review Committee shall be professional and demonstrably qualified for the position for which the employee is hired. (3) Termination of employees.--The employment of an employee of the Review Committee may be terminated at any time by the Review Committee. (4) Code of conduct.--The Review Committee shall establish a code of conduct to govern the behavior of the members or employees of the Review Committee, which shall include the avoidance of conflicts of interest. (r) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be necessary. SEC. 11. EXPEDITED IMPEACHMENT OF FEDERAL JUDGES. Section 355(b) of title 28, United States Code, is amended by adding at the end the following: ``(3) Expedited impeachment.-- ``(A) In general.--After the Judicial Conference transmits the determination and the record of proceedings under paragraph (1) or (2) to the House of Representatives, the determination and record shall be immediately referred to the Committee on the Judiciary of the House of Representatives. ``(B) Vote.--Not later than 30 legislative days of continuous session in the House of Representatives after the Committee on the Judiciary of the House of Representatives receives the determination and the record of proceedings under subparagraph (A), the Committee on the Judiciary of the House of Representatives shall vote on whether to proceed with an investigation or an impeachment inquiry.''. SEC. 12. RESTRICTIONS ON PROTECTIVE ORDERS AND SEALING OF CASES AND SETTLEMENTS. (a) In General.--Chapter 111 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 1660. Restrictions on protective orders and sealing of cases and settlements ``(a) Restrictions on Orders Relating to the Disclosure of Information.-- ``(1) In general.--In any civil action in which the pleadings state facts that are relevant to the protection of public health or safety, a court shall not enter, by stipulation or otherwise, an order otherwise authorized under rule 26(c) of the Federal Rules of Civil Procedure restricting the disclosure of information obtained through discovery, an order otherwise authorized approving a settlement agreement that would restrict the disclosure of information obtained through discovery, or an order otherwise authorized restricting access to court records unless in connection with the order the court finds-- ``(A) that the order would not restrict the disclosure of information which is relevant to the protection of public health or safety; or ``(B) that-- ``(i) the public interest in the disclosure of past, present, or potential public health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records in question; and ``(ii) the requested order is no broader than necessary to protect the confidentiality interest asserted. ``(2) Limit on effect.--No order entered in accordance with paragraph (1), other than an order approving a settlement agreement, may continue in effect after the entry of final judgment unless at the time of, or after, the entry of the order the court makes a separate finding of fact that the requirements of paragraph (1) continue to be met. ``(3) Rule of construction.--Nothing in paragraph (1) shall be construed to require the disclosure of the identity of individuals who disclose evidence of a violation of any law, rule, or regulation or other fraud, waste, abuse, or misconduct or other persons protected from disclosure under Federal law. ``(b) Restrictions on Enforcement Relating to Federal and State Agencies.--In any civil action in which the pleadings state facts that are relevant to the protection of public health or safety, a court shall not enforce any provision of an agreement between or among parties to the civil action, or enforce an order entered in accordance with subsection (a)(1), to the extent that the provision or order prohibits or otherwise restricts a party from disclosing any information relevant to the civil action to any Federal or State agency with authority to enforce laws regulating an activity relating to the information. ``(c) Limits on Scope.-- ``(1) In general.--Subject to paragraph (2), a court shall not enforce any provision of a settlement agreement between or among parties to any civil action in which the pleadings state facts that are relevant to the protection of public health or safety that prohibits one or more parties from-- ``(A) disclosing the fact that the settlement was reached or the terms of the settlement (excluding any money paid) that involve matters relevant to the protection of public health or safety; or ``(B) discussing matters relevant to the protection of public health or safety involved in the civil action. ``(2) Exception.--Paragraph (1) applies unless the court finds that-- ``(A) the public interest in the disclosure of past, present, or potential public health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information in question; and ``(B) the requested order is no broader than necessary to protect the confidentiality interest asserted. ``(d) Rebuttable Presumption Relating to Personally Identifiable Information.--For purposes of implementing subsections (a)(1)(B)(i) and (c)(2)(A), when weighing the interest in maintaining confidentiality under this section, there shall be a rebuttable presumption that the interest in protecting personally identifiable information of an individual outweighs the public interest in disclosure. ``(e) Rule of Construction.--Nothing in this section shall be construed to permit, require, or authorize the disclosure of classified information (as defined under section 1 of the Classified Information Procedures Act (18 U.S.C. App.)).''. (b) Technical and Conforming Amendment.--The table of sections for chapter 111 of title 28, United States Code, is amended by adding after the item relating to section 1659 the following: ``1660. Restrictions on protective orders and sealing of cases and settlements.''. (c) Effective Date.--The amendments made by this section shall-- (1) take effect 30 days after the date of enactment of this Act; and (2) apply only to orders entered in civil actions or agreements entered into on or after such date. SEC. 13. JUDICIAL WORKPLACE CLIMATE SURVEYS. (a) In General.--Chapter 21 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 464. Judicial workplace climate surveys ``(a) In General.--The Judicial Conference of the United States shall administer a climate survey to each employee of a court of the United States about the work environment of the court, which shall-- ``(1) be administered not later than 18 months after the date of enactment of this section and every 2 years thereafter; ``(2) be voluntary; ``(3) survey respondents on the general work environment, including attitudes in the workplace regarding diversity and inclusion and harassment or discrimination on the basis of race, ethnicity, disability, sex, sexual orientation, and gender identity; and ``(4) be anonymous and confidential, with notice of the anonymity and confidentiality made to the respondent throughout the survey. ``(b) Transmission of Information.--Information obtained in a survey administered under subsection (a) shall be-- ``(1) made publicly available; and ``(2) transmitted to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives, the Chief Justice of the United States, and the Judicial Conference of the United States.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 21 of title 28, United States Code, is amended by adding at the end the following: ``464. Judicial workplace climate surveys.''. SEC. 14. 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 and of the amendments made by this Act, and the application of the remaining provisions of this Act and amendments to any person or circumstance, shall not be affected. <all>

Judicial Ethics and Anti-Corruption Act of 2022

To establish judicial ethics.

Judicial Ethics and Anti-Corruption Act of 2022

Rep. Jayapal, Pramila

D

WA

H.R.4036

Health

Enhance Access to Support Essential Behavioral Health Services Act or the EASE Behavioral Health Services Act

To amend title XVIII of the Social Security Act and the SUPPORT for Patients and Communities Act to provide for Medicare and Medicaid mental and behavioral health treatment through telehealth. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhance Access to Support Essential Behavioral Health Services Act'' or the ``EASE Behavioral Health Services Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) Nearly 18 percent of adults in the United States reported a mental, behavioral, or emotional disorder in 2015. (2) Children are also significantly impacted. According to the Centers for Disease Control and Prevention, 1 in 6 children ages 2 years through 8 years have a diagnosed mental, behavioral, or developmental disorder, indicating that disorders begin in early childhood and affect lifelong health. (3) Moreover, 1 in 7 children and adolescents have at least one treatable mental health disorder. (4) There is a critical link between mental health and substance use disorders. According to the Substance Abuse and Mental Health Services Administration, 1 in 4 adults with severe mental illness had a substance use disorder in 2017. (5) Moreover, children who have had a major depressive episode are more than twice as likely to use illicit drugs. (6) In 2017, approximately 19.7 million people aged 12 years or older had a substance use disorder related to their use of alcohol or illicit drugs in the past year. (7) Despite this overwhelming need, access to behavioral health services remains among the most pressing health care challenges in our country. (8) An estimated 56 percent of Americans with a mental health disorder did not receive treatment in 2017. (9) Similarly, half of children and adolescents did not receive treatment for their mental health disorder in 2016. (10) Further complicating access to care, as demand for behavioral health services increases in communities across the United States, the number of psychiatrists available to treat them continues to decline. (11) The population of practicing psychiatrists declined by more than 10 percent between the period of 2003 through 2013, while the population of primary care physicians and neurologists grew during the same period. (12) Technology has evolved to connect individuals to health care services in new ways, including via telehealth. (13) Moreover, studies show that video visits are an effective strategy to provide mental health treatment to children and, in fact, may be preferable in some cases. (14) During the 115th Congress, Congress recognized the potential of telehealth to ensure that those in urgent need of substance use disorder treatment receive the care they require. (15) As passed and signed into law, sections 2001 and 1009 of the SUPPORT for Patients and Communities Act (Public Law 115-271) expands the use of telehealth services for the treatment of opioid use disorder and other substance use disorders. (16) It is widely recognized that there is a close relationship between mental health and substance use disorders. SEC. 3. MEDICARE TREATMENT OF BEHAVIORAL HEALTH SERVICES FURNISHED THROUGH TELEHEALTH. Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended-- (1) in paragraph (4)(C)-- (A) in clause (i), by striking ``and (7)'' and inserting ``(7), and (9)''; and (B) in clause (ii)(X)-- (i) by striking ``or telehealth services'' and inserting ``, telehealth services''; and (ii) by inserting ``or telehealth services described in paragraph (9)'' before the period at the end; and (2) by adding at the end the following new paragraph: ``(9) Treatment of behavioral health services furnished through telehealth.--The geographic requirements described in paragraph (4)(C)(i) shall not apply with respect to telehealth services that are behavioral health services furnished on or after January 1, 2022, to eligible telehealth individuals, including initial patient evaluations, follow-up medical management, and other behavioral health services, as determined by the Secretary, at an originating site described in paragraph (4)(C)(ii) (other than an originating site described in subclause (IX) of such paragraph).''. SEC. 4. MEDICAID MENTAL AND BEHAVIORAL HEALTH TREATMENT THROUGH TELEHEALTH. Section 1009 of the SUPPORT for Patients and Communities Act (Public Law 115-271) is amended-- (1) in subsection (b)-- (A) in the header, by striking ``Treatment for Substance Use Disorders'' and inserting ``Treatment for Substance Use Disorders and Mental Health Disorders and Behavioral Health Disorders''; (B) in the matter preceding paragraph (1), by striking ``Not later than 1 year after the date of enactment of this Act, the Secretary'' and inserting ``The Secretary''; (C) in paragraph (1)-- (i) by striking ``treatment for substance use disorders'' and inserting ``treatment for substance use disorders and mental health disorders and behavioral health disorders''; and (ii) by inserting ``psychotherapy,'' after ``counseling,''; (D) in paragraph (2), by inserting ``or mental health disorders and behavioral health disorders'' after ``substance use disorders''; (E) in paragraph (3), by inserting ``and mental health disorders and behavioral health disorders'' after ``substance use disorders''; and (F) by adding at the end, below and after paragraph (3), the following flush left text: ``The Secretary shall issue the guidance under this subsection not later than 1 year after the date of the enactment of this Act, with respect to the matters described in the previous provisions of this subsection relating to substance use disorders, and not later than 2 years after the date of the enactment of this Act, with respect to the matters described in such previous provisions relating to mental health disorders and behavioral health disorders.''; (2) in subsection (c)-- (A) in the header, by striking ``Treatment for Substance Use Disorders'' and inserting ``Treatment for Substance Use Disorders and Mental Health Disorders and Behavioral Health Disorders''; (B) in paragraph (1), by striking ``treatment for substance use disorders'' and inserting ``treatment for substance use disorders and mental health disorders and behavioral health disorders'' each place it appears; and (C) in paragraph (2)-- (i) by inserting ``with respect to substance use disorders,'' after ``paragraph (1),''; and (ii) by adding at the end the following new sentence: ``Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the evaluation conducted under paragraph (1), with respect to mental health disorders and behavioral health disorders, together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.''; and (3) in subsection (d)(1)-- (A) in the matter preceding subparagraph (A), by inserting ``and mental health disorders and behavioral health disorders'' after ``substance use disorders''; (B) in subparagraph (A), by inserting ``, and mental health disorders and behavioral health disorders'' after ``opioid use disorder''; and (C) in subparagraph (B), by inserting ``and mental health disorders and behavioral health disorders'' after ``substance use disorders''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall take effect as is included in the enactment of the SUPPORT for Patients and Communities Act. <all>

EASE Behavioral Health Services Act

To amend title XVIII of the Social Security Act and the SUPPORT for Patients and Communities Act to provide for Medicare and Medicaid mental and behavioral health treatment through telehealth.

EASE Behavioral Health Services Act Enhance Access to Support Essential Behavioral Health Services Act

Rep. Bilirakis, Gus M.

R

FL

S.4681

Law

Supreme Court Review Act of 2022 This bill requires the Government Accountability Office to notify Congress of a covered Supreme Court decision and sets forth expedited procedures for the consideration of legislation related to the decision. A covered Supreme Court decision is a decision by the Supreme Court that interprets a federal statute for the first time, reinterprets a federal statute that it previously interpreted, or interprets or reinterprets the Constitution in a manner that diminishes an individual right or privilege that is or was previously protected by the Constitution.

To establish a process for expedited consideration of legislation relating to decisions by the Supreme Court 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 ``Supreme Court Review Act of 2022''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``covered joint resolution'' means a joint resolution-- (A) that is-- (i) reported by a committee of the Senate under section 3(c)(1); (ii) placed on the calendar in the Senate in accordance with section 3(d); or (iii) reported by a committee of the House of Representatives under section 3(c)(2); (B) the title of which is as follows: ``Joint resolution relating to ____'', the blank space being filled in with the name of a covered Supreme Court decision the matter of which was referred to-- (i) a committee of the Senate, upon the Senate agreeing to a motion offered under section 3(a)(2)(A); or (ii) 1 or more committees of the House of Representatives, upon the House of Representatives agreeing to a motion offered under section 3(a)(3)(A); (C) which does not have a preamble; and (D) the matter after the resolving clause of which-- (i) for a joint resolution with respect to a covered Supreme Court decision described in paragraph (3)(A), only amends-- (I) covered provisions of Federal statute with respect to the covered Supreme Court decision; or (II) provisions of Federal statute that are directly implicated by a covered provision of Federal statute described in subclause (I), including statutory definitions, dates, and provisions the meaning of which are reasonably likely to be affected by an amendment to the covered provision of Federal statute; or (ii) for a joint resolution with respect to a covered Supreme Court decision described in paragraph (3)(B), only amends or enacts provisions of Federal statute in a manner that is reasonably relevant to the covered Supreme Court decision; (2) the term ``covered provision of Federal statute'' means a provision of Federal statute interpreted for the first time or reinterpreted by a covered Supreme Court decision; (3) the term ``covered Supreme Court decision'' means a decision of the Supreme Court-- (A) which-- (i) interprets a provision of Federal statute for the first time; or (ii) reinterprets a provision of Federal statute that was previously interpreted by the Supreme Court; or (B) which interprets or reinterprets the Constitution of the United States in a manner that diminishes an individual right or privilege that is or was previously protected by the Constitution of the United States; (4) the term ``extraneous matter'', with respect to a covered joint resolution, an amendment between the Houses in relation thereto, or a conference report thereon, means a provision-- (A) for a covered joint resolution with respect to a covered Supreme Court decision described in paragraph (3)(A), that-- (i) amends a provision of a Federal statute that is not-- (I) a covered provision of Federal statute with respect to the case identified in the title of the covered joint resolution; or (II) directly implicated by a covered provision of Federal statute described in subclause (I); or (ii) amends a provision of Federal statute described in subclause (I) or (II) of clause (i) in a manner that is not reasonably relevant to the questions presented in the covered Supreme Court decision; or (B) for a covered joint resolution with respect to a covered Supreme Court decision described in paragraph (3)(B), that is not reasonably relevant to the covered Supreme Court decision; and (5) the term ``Supreme Court'' means the Supreme Court of the United States. SEC. 3. RECONSIDERATION OF COVERED SUPREME COURT DECISIONS. (a) Opening Vote.-- (1) Notice to congress.--Not later than 2 days after the date on which the Supreme Court issues a covered Supreme Court decision, the Comptroller General of the United States shall submit to Congress written notice of the covered Supreme Court decision. (2) Senate.-- (A) In general.--Notwithstanding rule XXII of the Standing Rules of the Senate, in the Senate, it shall be in order, not later than 10 days of session after the date on which notice of a covered Supreme Court decision is received under paragraph (1), to move to refer the notice, with instructions to report, to-- (i) for a notice with respect to a covered Supreme Court decision described in section 2(3)(A), the committee of the Senate with jurisdiction over the subject matter that predominates in the covered provisions of Federal statute at issue in the covered Supreme Court decision; or (ii) for a notice with respect to a covered Supreme Court decision described in section 2(3)(B), the committee of the Senate with jurisdiction over the subject matter that predominates in relation to the right affected by the covered Supreme Court decision. (B) Floor consideration of motion to refer with instructions to report.--If a motion to refer the notice regarding a covered Supreme Court decision with instructions to report is made in accordance with subparagraph (A) and is signed by 16 Senators-- (i) all points of order against the motion are waived; (ii) consideration of the motion, and all debatable motions and appeals in connection therewith, shall be limited to not more than 4 hours, which shall be divided equally between the majority and minority leaders or their designees; (iii) a motion further to limit debate is in order and not debatable; (iv) an amendment to or a motion to postpone the motion is not in order; and (v) a motion to proceed to the consideration of other business is not in order. (C) Referral without instructions to report.--If no motion to refer the notice regarding a Supreme Court decision with instructions to report is made in accordance with subparagraph (A) and signed by 16 Senators, the notice shall be referred, with no instructions to report, to-- (i) for a notice with respect to a covered Supreme Court decision described in section 2(3)(A), the committee of the Senate with jurisdiction over the subject matter that predominates in the covered provisions of Federal statute at issue in the covered Supreme Court decision; or (ii) for a notice with respect to a covered Supreme Court decision described in section 2(3)(B), the committee of the Senate with jurisdiction over the subject matter that predominates in relation to the right affected by the covered Supreme Court decision. (3) House of representatives.-- (A) In general.--In the House of Representatives, it shall be in order, not later than 10 days of session after the date on which notice of a covered Supreme Court decision is received under paragraph (1), to move to refer the notice, with instructions to report, to-- (i) for a notice with respect to a covered Supreme Court decision described in section 2(3)(A), the committee or committees of the House of Representatives with jurisdiction over the subject matter that predominates in the covered provisions of Federal statute at issue in the covered Supreme Court decision; or (ii) for a notice with respect to a covered Supreme Court decision described in section 2(3)(B), the committee or committees of the House of Representatives with jurisdiction over the subject matter that predominates in relation to the right affected by the covered Supreme Court decision. (B) Procedure.--If a motion to refer the notice regarding a covered Supreme Court decision with instructions to report is made in accordance with subparagraph (A)-- (i) all points of order against the motion are waived; (ii) the previous question shall be considered as ordered on the motion to its adoption, except 4 hours of debate equally divided and controlled by the proponent and an opponent; (iii) an amendment to the motion shall not be in order; and (iv) a motion to reconsider the vote on adoption of the motion shall not be in order. (C) Referral without instructions to report.--If no motion to refer the notice regarding a Supreme Court decision with instructions to report is made in accordance with subparagraph (A), the notice shall be referred, with no instructions to report, to-- (i) for a notice with respect to a covered Supreme Court decision described in section 2(3)(A), the committee or committees of the House of Representatives with jurisdiction over the subject matter that predominates in the covered provisions of Federal statute at issue in the covered Supreme Court decision; or (ii) for a notice with respect to a covered Supreme Court decision described in section 2(3)(B), the committee or committees of the House of Representatives with jurisdiction over the subject matter that predominates in relation to the right affected by the covered Supreme Court decision. (b) Referral.-- (1) Senate.-- (A) In general.--In the Senate, following the disposition of a motion offered under subsection (a)(2)(A), and without regard to whether the motion is agreed to, the notice of the applicable covered Supreme Court decision shall be referred to-- (i) for a notice with respect to a covered Supreme Court decision described in section 2(3)(A), the committee of the Senate with jurisdiction over the subject matter that predominates in the covered provisions of Federal statute at issue in the covered Supreme Court decision; or (ii) for a notice with respect to a covered Supreme Court decision described in section 2(3)(B), the committee of the Senate with jurisdiction over the subject matter that predominates in relation to the right affected by the covered Supreme Court decision. (B) Expedited procedures apply if referral agreed to.--If a motion offered under subsection (a)(2)(A) with respect to the notice of a covered Supreme Court decision is agreed to, the committee to which the notice is referred shall report a covered joint resolution with respect to the covered Supreme Court decision under subsection (c)(1), which shall be subject to consideration under the procedures under this section. (C) Limitation on expedited procedures.--If a motion offered under subsection (a)(2)(A) with respect to the notice of a covered Supreme Court decision is not agreed to-- (i) the committee to which the notice is referred may not report a covered joint resolution with respect to the covered Supreme Court decision; and (ii)(I) for a notice with respect to a covered Supreme Court decision described in section 2(3)(A), a measure reported by the committee relating to covered provisions of Federal statute with respect to the covered Supreme Court decision shall not be considered under the procedures under this section; or (II) for a notice with respect to a covered Supreme Court decision described in section 2(3)(B), a measure reported by the committee amending or enacting provisions of Federal statute relevant to the questions presented in the covered Supreme Court decision shall not be considered under the procedures under this section. (2) House of representatives.-- (A) In general.--In the House of Representatives, following the disposition of a motion offered under subsection (a)(3)(A), and without regard to whether the motion is agreed to, the notice of the applicable covered Supreme Court decision shall be referred to-- (i) for a notice with respect to a covered Supreme Court decision described in section 2(3)(A), the committee or committees of the House of Representatives with jurisdiction over the subject matter that predominates in the covered provisions of Federal statute at issue in the covered Supreme Court decision; or (ii) for a notice with respect to a covered Supreme Court decision described in section 2(3)(B), the committee or committees of the House of Representatives with jurisdiction over the subject matter that predominates in relation to the right affected by the covered Supreme Court decision. (B) Expedited procedures apply if referral agreed to.--If a motion offered under subsection (a)(3)(A) with respect to the notice of a covered Supreme Court decision is agreed to, the committee or committees to which the notice is referred shall report a covered joint resolution with respect to the covered Supreme Court decision under subsection (c)(2), which shall be subject to consideration under the procedures under this section. (C) Limitation on expedited procedures.--If a motion offered under subsection (a)(3)(A) with respect to the notice of a covered Supreme Court decision is not agreed to-- (i) a committee to which the notice is referred may not report a covered joint resolution with respect to the covered Supreme Court decision; and (ii)(I) for a notice with respect to a covered Supreme Court decision described in section 2(3)(A), a measure reported by such a committee relating to covered provisions of Federal statute with respect to the covered Supreme Court decision shall not be considered under the procedures under this section; or (II) for a notice with respect to a covered Supreme Court decision described in section 2(3)(B), a measure reported by such a committee amending or enacting provisions of Federal statute relevant to the questions presented in the covered Supreme Court decision shall not be considered under the procedures under this section. (c) Consideration by Committee.-- (1) Senate.--If a motion offered under subsection (a)(2)(A) with respect to a notice regarding a covered Supreme Court decision is agreed to, not later than 30 days after the referral of the notice under subsection (b)(1), the committee of the Senate to which the covered Supreme Court decision was referred shall report to the Senate a covered joint resolution with respect to the covered Supreme Court decision. (2) House of representatives.--If a motion offered under subsection (a)(3)(A) with respect to a notice regarding a covered Supreme Court decision is agreed to, not later than 30 days after the referral of the notice under subsection (b)(2), each committee of the House of Representatives to which the covered Supreme Court decision was referred shall report to the House of Representatives a covered joint resolution with respect to the covered Supreme Court decision. (d) Alternative Covered Joint Resolutions in the Senate.-- (1) In general.--A covered joint resolution with respect to a covered Supreme Court decision that is introduced in the Senate shall be immediately placed on the appropriate calendar if a motion to place the covered joint resolution on the appropriate calendar that is signed by 40 Senators is filed-- (A) if another covered joint resolution with respect to the covered Supreme Court decision is reported to the Senate under subsection (c)(1), during-- (i) the period beginning on the date on which the other covered joint resolution is reported under subsection (c)(1); and (ii) ending on the date that is 10 session days after the date described in clause (i); or (B) if a motion offered under subsection (a)(2)(A) with respect to the notice regarding the covered Supreme Court decision is agreed to and no other covered joint resolution with respect to the covered Supreme Court decision is reported to the Senate under subsection (c)(1), notwithstanding the requirement to report under subsection (c)(1), during-- (i) the period beginning on the date that is 30 days after the date of the referral of the notice with respect to the covered Supreme Court decision under subsection (b)(1); and (ii) ending on the date that is 10 session days after the date described in clause (i). (2) Limitations.-- (A) In general.--Only 1 covered joint resolution with respect to a covered Supreme Court decision may be placed on the appropriate calendar pursuant to this subsection. (B) Multiple motions.--If multiple motions to place a covered joint resolution with respect to a covered Supreme Court decision on the appropriate calendar are signed by 40 Senators and submitted within the appropriate periods described in subparagraphs (A) and (B) of paragraph (1)-- (i) the only covered joint resolution that shall be placed on the appropriate calendar pursuant to this subsection is the covered joint offered by the first motion that is signed by the Minority Leader of the Senate; and (ii) any other such motion-- (I) shall not be placed on the appropriate calendar; and (II) shall be referred to-- (aa) for a covered joint resolution with respect to a covered Supreme Court decision described in section 2(3)(A), the committee of the Senate with jurisdiction over the subject matter that predominates in the covered provisions of Federal statute at issue in the covered Supreme Court decision; or (bb) for a covered joint resolution with respect to a covered Supreme Court decision described in section 2(3)(B), the committee of the Senate with jurisdiction over the subject matter that predominates in relation to the right affected by the covered Supreme Court decision. (e) Expedited Consideration in Senate.-- (1) Proceeding to consideration.-- (A) In general.--Notwithstanding rule XXII of the Standing Rules of the Senate, in the Senate, it shall be in order-- (i) to move to proceed to a covered joint resolution reported to the Senate under subsection (c)(1) not later than 10 days after the date on which the covered joint resolution is reported; or (ii) to move to proceed to a covered joint resolution placed on the calendar under subsection (d) not later than 10 days after the date on which the covered joint resolution is placed on the calendar. (B) Procedure.--For a motion to proceed to the consideration of a covered joint resolution-- (i) all points of order against the motion are waived; (ii) the motion is not debatable; (iii) the motion is not subject to a motion to postpone; (iv) a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order; and (v) if the motion is agreed to, the covered joint resolution shall remain the unfinished business until disposed of. (2) Floor consideration generally.--If the Senate proceeds to consideration of a covered joint resolution-- (A) all points of order against the covered joint resolution (and against consideration of the covered joint resolution) are waived, except for points of order relating to extraneous matter; (B) consideration of the covered joint resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees; (C) a motion further to limit debate is in order and not debatable; (D) an amendment to, a motion to postpone, or a motion to recommit the covered joint resolution is not in order; and (E) a motion to proceed to the consideration of other business is not in order. (3) Point of order against extraneous matter.-- (A) Point of order.-- (i) In general.--In the Senate, it shall not be in order to consider a provision in a covered joint resolution that contains extraneous matter. (ii) Point of order sustained.--If a point of order is made by a Senator against a provision described in clause (i), and the point of order is sustained by the Chair, that provision shall be stricken from the measure. (B) Form of the point of order.--A point of order under subparagraph (A)(i) may be raised by a Senator as provided in section 313(e) of the Congressional Budget Act of 1974 (2 U.S.C. 644(e)). (C) Conference reports.--When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a covered joint resolution, upon a point of order being made by any Senator pursuant to subparagraph (A)(i), and such point of order being sustained, such material contained in such conference report or House amendment shall be stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall not be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subparagraph), no further amendment shall be in order. (D) Supermajority waiver and appeal.--In the Senate, this paragraph may be waived or suspended only by an affirmative vote of three-fifths of the Members, duly chose and sworn. An affirmative vote of three- fifths of Members of the Senate, duly chosen and sworn shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this paragraph. (4) Vote on passage.--The vote on passage of a covered joint resolution shall occur immediately following the conclusion of the consideration of the covered joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. (5) Limitation on multiple measures.--If a covered joint resolution with respect to a covered Supreme Court decision is agreed to in the Senate, it shall not be in order in the Senate to move to proceed to any other covered joint resolution that was introduced in the Senate with respect to the covered Supreme Court decision. (6) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of this subsection or the rules of the Senate, as the case may be, to the procedure relating to a covered joint resolution shall be decided without debate. (f) Additional Procedures.-- (1) Treatment of covered joint resolution of other house.-- (A) In general.--If the Senate receives from the House of Representatives a covered joint resolution, the covered joint resolution of the House of Representatives shall be entitled to expedited floor procedures under this section, without regard to whether Senate introduced or considered a covered joint resolution relating to the applicable covered Supreme Court decision. (B) Limitation on multiple measures.--If a covered joint resolution with respect to a covered Supreme Court decision received from the House of Representatives is considered in the Senate under the procedures under this section, it shall not be in order in the Senate to move to proceed to any other covered joint resolution with respect to the covered Supreme Court decision that is received from the House of Representatives. (2) Vetoes.--If the President vetoes a covered joint resolution, consideration of a veto message in the Senate under this section shall be not more than 2 hours equally divided between the majority and minority leaders or their designees. (g) Rules of House of Representatives and Senate.--Paragraphs (2) and (3) of subsection (a) and subsections (b) through (f) are enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a covered joint resolution, and supersede other rules only to the extent that they are inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 4. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to limit the authority of the Senate or the House of Representatives to consider and enact legislation relating to covered provisions of Federal statute or rights under the Constitution of the United States under other applicable procedures. <all>

Supreme Court Review Act of 2022

A bill to establish a process for expedited consideration of legislation relating to decisions by the Supreme Court of the United States.

Supreme Court Review Act of 2022

Sen. Whitehouse, Sheldon

D

RI

H.R.5435

Health

Bringing Regulatory Advances Into Neuroscience Act of 2021 or the BRAIN Act of 2021 This bill requires the Food and Drug Administration (FDA) to establish the Neuroscience Center of Excellence. The center must develop and implement processes to coordinate FDA activities related to a major disease area or areas affecting the brain or central nervous system. The FDA must also establish and maintain the Neuroscience Translation Working Group to advise the center. If the FDA terminates the center, the working group shall advise the FDA.

To amend the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services to establish a Neuroscience Center of Excellence and a Neuroscience Translation Working Group, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Bringing Regulatory Advances Into Neuroscience Act of 2021'' or the ``BRAIN Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) The brain and central nervous system make up the body's most complex organ system. (2) Nearly one in five adults in the United States (more than 50 million) live with a mental illness, disproportionately impacting women, people reporting two or more races, and individuals under age fifty. (3) Neuropsychiatric disorders are the leading cause of disability in the Nation, making up 18.7 percent of years lost to disability and premature death. (4) Brain disorders, injuries, and diseases are estimated to cost the United States more than $1.5 trillion per year. (5) Mental health and substance use disorder treatment spending is expected to total $280.5 billion in 2020. (6) The SARS-CoV-2 virus can cause serious psychiatric and neurologic effects and the COVID-19 pandemic has exacerbated the burden of brain and central nervous system conditions. (7) Products targeting the brain and central nervous system, including those conditions with few or no approved treatments, take longer to develop and are less likely to be approved than products for other disease areas. SEC. 3. INSTITUTE AND ADVISORY COMMITTEE FOR DISEASES AFFECTING THE BRAIN OR CENTRAL NERVOUS SYSTEM. (a) Establishment of Neuroscience Center of Excellence.--Section 1014 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 399g) is amended by adding at the end the following: ``(e) Neuroscience Center of Excellence.-- ``(1) In general.--The Secretary shall establish an institute under subsection (a) to be known as the Neuroscience Center of Excellence to carry out activities under such subsection with respect to a major disease area or areas affecting the brain or central nervous system. ``(2) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $25,000,000 for each of fiscal years 2023 through 2027.''. (b) Neuroscience Translation Working Group.--Chapter X of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 391 et seq.) is amended by adding at the end the following: ``SEC. 1015. NEUROSCIENCE TRANSLATION WORKING GROUP. ``(a) Establishment.--The Secretary shall establish and maintain an advisory board to be known as the Neuroscience Translation Working Group to advise the Director of the Neuroscience Center of Excellence under section 1014(e) (or the Commissioner of Food and Drugs in accordance with subsection (c)) on the following: ``(1) Issues with respect to translating neuroscience discoveries to approved treatments for diseases and conditions affecting the brain or central nervous system. ``(2) Activities to increase the translation of neuroscience discoveries to such approved treatments. ``(3) The development of guidance with respect to diseases and conditions affecting the brain or central nervous system. ``(4) Funding, collaboration, and other opportunities within the National Institute of Neurological Disorders and Stroke, National Center for Advancing Translational Sciences, or other Government entities to increase the translation of neuroscience discoveries to such approved treatments. ``(5) The incorporation of patient preferences, patient- reported outcomes, and real-world data in the development of regulations. ``(b) Membership.--The Neuroscience Translation Working Group shall consist of not more than eight members, including-- ``(1) the Director of the National Institute of Neurological Disorders and Stroke (or designee); ``(2) the Director of the National Center for Advancing Translational Sciences (or designee); ``(3) three representatives from patient advocacy or national organizations that focus on injuries, diseases, or disorders affecting the brain or central nervous system, including organizations that represent service delivery for patients; ``(4) two experts with experience conducting clinical trials with respect to diseases and conditions affecting the brain or central nervous system; and ``(5) one expert with expertise in the regulation of drugs, devices, and biological products. ``(c) Termination of Neuroscience Center of Excellence.--If the Secretary, pursuant to section 1014(d), terminates the Neuroscience Center of Excellence under section 1014(e), the Neuroscience Translation Working Group shall advise the Commissioner of Food and Drugs.''. (c) Applicability.--Sections 1014(e) and 1015 of the Federal Food, Drug, and Cosmetic Act, as added by this section, shall apply on the date that is not later than one year after the date of the enactment of this Act. <all>

BRAIN Act of 2021

To amend the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services to establish a Neuroscience Center of Excellence and a Neuroscience Translation Working Group, and for other purposes.

BRAIN Act of 2021 Bringing Regulatory Advances Into Neuroscience Act of 2021

Rep. Blumenauer, Earl

D

OR

H.R.5637

Social Welfare

Meeting our Seniors' Social Security Needs Act This bill requires the Social Security Administration (SSA) to ensure that each SSA office and state agency that makes disability determinations for Social Security disability benefits is fully staffed to answer phone calls during standard business hours.

To amend the Social Security Act to ensure that each office of the Social Security Administration and each State agency that makes disability determinations are fully staffed with employees to answer calls during business hours, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Meeting our Seniors' Social Security Needs Act''. SEC. 2. TELEPHONE HOURS AT SOCIAL SECURITY ADMINISTRATION OFFICES AND CERTAIN STATE OFFICES. (a) In General.--Section 205 of the Social Security Act (42 U.S.C. 405) is amended by adding at the end the following: ``(v) Telephone Hours at Social Security Administration Offices.-- The Commissioner of Social Security shall ensure that each office of the Social Security Administration and each State agency that makes disability determinations as described in section 221(a)(1) is fully staffed with employees to answer calls during standard business hours, including 8:00 a.m. to 5:00 p.m. local time, Mondays, Tuesdays, Wednesdays, Thursdays, and Fridays, excluding Federal holidays.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on January 1, 2023. <all>

Meeting our Seniors’ Social Security Needs Act

To amend the Social Security Act to ensure that each office of the Social Security Administration and each State agency that makes disability determinations are fully staffed with employees to answer calls during business hours, and for other purposes.

Meeting our Seniors’ Social Security Needs Act

Rep. Axne, Cynthia

D

IA

H.R.2533

Science, Technology, Communications

National Estuaries and Acidification Research Act of 2021 or the NEAR Act of 2021 This bill directs the Department of Commerce to arrange for the National Academies of Sciences, Engineering, and Medicine to conduct a study that

To provide for a study by the National Academies of Sciences, Engineering, and Medicine examining the impact of ocean acidification and other stressors in estuarine environments. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Estuaries and Acidification Research Act of 2021'' or the ``NEAR Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) Ocean acidification impacts human health, natural resources, and the environmental, economic, and recreational uses of the coastline. (2) The current understanding of ocean acidification impacts on estuarine ecosystems is inadequate to fully prepare and manage for changing environmental conditions in nearshore locations. (3) While pH can be measured with high precision and accuracy in open ocean environments, more understanding of the carbonate system in estuarine ecosystems is needed for precise and accurate measurements and observations. (4) The interaction of multiple stressors, including salinity, pH, temperature, sea level rise, and nutrient input, within estuarine ecosystems is inadequately understood for managing the health, economic, recreational, and environmental impacts driven by these interactions. (5) A better understanding is needed of how anthropogenic influences in coastal environments affect estuarine ecosystems. (6) More integration and coordination is needed among regional, national, and global environmental observations in estuarine environments, supporting prior investments in related topics such as nutrient loading, hypoxia, ocean acidification, and harmful algae bloom research and observational systems. SEC. 3. STUDY EXAMINING THE IMPACT OF OCEAN ACIDIFICATION AND OTHER ENVIRONMENTAL STRESSORS ON ESTUARINE ENVIRONMENTS. (a) In General.--Not later than 60 days after the date of enactment of this Act, the Secretary of Commerce shall make appropriate arrangements with the National Academies of Sciences, Engineering, and Medicine (referred to in this Act as the ``National Academies'') under which the National Academies shall conduct a study that-- (1) examines the existing science of ocean acidification in estuarine environments; (2) examines the challenges to studying ocean acidification and ocean acidification's interactions with other environment stressors in estuarine environments; (3) provides recommendations for improving future research with respect to ocean acidification in estuarine environments; and (4) identifies pathways for applying science in management and mitigation decisions relating to ocean acidification in estuarine environments. (b) Contents of Study.--The study described under subsection (a) shall include-- (1) the behavior of the carbonate system within estuarine environments; (2) the interactions of the carbonate system with other biotic and abiotic characteristics of estuarine ecosystems; (3) how environmental and anthropogenic changes or disturbances could affect abiotic and biotic processes within estuaries; (4) how estuarine biotic and abiotic processes will be affected under predicted environmental changes; (5) the current state of data collection, interpretation, storage, and retrieval and observational infrastructure of abiotic and biotic parameters in estuarine ecosystems; (6) the gaps that exist in understanding the socio-economic and health impacts of ocean acidification in estuaries; (7) future directions for scientific research; and (8) pathways for applying science in management and mitigation decisions. (c) Report.--In entering into an arrangement under subsection (a), the Secretary shall request that the National Academies transmit to Congress a report on the results of the study not later than 24 months after the date of enactment of this Act. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $1,000,000. Passed the House of Representatives May 18, 2021. Attest: CHERYL L. JOHNSON, Clerk.

NEAR Act of 2021

To provide for a study by the National Academies of Sciences, Engineering, and Medicine examining the impact of ocean acidification and other stressors in estuarine environments.

NEAR Act of 2021 National Estuaries and Acidification Research Act of 2021 NEAR Act of 2021 National Estuaries and Acidification Research Act of 2021 NEAR Act of 2021 National Estuaries and Acidification Research Act of 2021

Rep. Posey, Bill

R

FL

H.R.3464

Economics and Public Finance

Zero-Baseline Budget Act of 2021 This bill changes the assumptions that the Congressional Budget Office uses to calculate the baseline for discretionary spending. (A baseline is a projection of federal spending and receipts during a fiscal year under current law.) The bill changes the assumptions used for the discretionary spending baseline to

To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to eliminate automatic increases for inflation from CBO baseline projections for discretionary appropriations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Zero-Baseline Budget Act of 2021''. SEC. 2. CHANGES IN THE BASELINE. Section 257(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in the second sentence of paragraph (1), by striking everything that follows ``current year,'' and inserting ``excluding resources designated as an emergency requirement and any resources provided in supplemental appropriation laws.''; (2) by striking paragraphs (2), (3), (4), and (5); (3) by redesignating paragraph (6) as paragraph (2); and (4) by inserting after paragraph (2) the following new paragraph: ``(3) No adjustment for inflation.--No adjustment shall be made for inflation or for any other factor.''. <all>

Zero-Baseline Budget Act of 2021

To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to eliminate automatic increases for inflation from CBO baseline projections for discretionary appropriations, and for other purposes.

Zero-Baseline Budget Act of 2021

Rep. Gohmert, Louie

R

TX

H.R.7699

Economics and Public Finance

Paying America's Inflationary Debts Act or the PAID Act This bill rescinds specified unobligated funds that were provided by the American Rescue Plan Act of 2021, which was enacted to address the impact of COVID-19 on the economy, public health, state and local governments, individuals, and businesses. Specifically, the bill rescinds specified funds that were provided for The bill also requires the rescinded funds to be used for deficit reduction.

To rescind certain amounts appropriated under the American Rescue Plan Act of 2021, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Paying America's Inflationary Debts Act'' or the ``PAID Act''. SEC. 2. RESCISSION OF CERTAIN AMERICAN RESCUE PLAN ACT OF 2021 FUNDS. (a) In General.--The total unobligated balance of funds available under the following accounts and programs established by the American Rescue Plan Act of 2021 (Public Law 117-2; in this section referred to as ``ARPA'') are hereby rescinded: (1) Fund for State, territories, tribal, and local governments under section 602 or 603 of the Social Security Act, as added by section 9901 of ARPA. (2) Emergency rental assistance under section 3201 of ARPA. (3) State small business credit initiative under the State Small Business Credit Initiative Act of 2010, as amended by section 3301 of ARPA. (4) Federal Transit Administration grants under section 3401 ARPA. (5) Coronavirus Capital Projects Fund under section 604 of the Social Security Act, as added by section 9901 of ARPA. (6) Global response funds under section 10003 of ARPA. (b) Deficit Reduction.--Any amounts rescinded under subsection (a) shall be deposited into the general fund of the Treasury and be used for the sole purpose of deficit reduction. <all>

PAID Act

To rescind certain amounts appropriated under the American Rescue Plan Act of 2021, and for other purposes.

PAID Act Paying America’s Inflationary Debts Act

Rep. Carter, Earl L. "Buddy"

R

GA

H.R.1710

Housing and Community Development

Coronavirus Homeowner Assistance Act of 2021 This bill establishes and provides FY2021 funding for the Homeowner Assistance Fund, which provides assistance to mitigate the financial hardships associated with the COVID-19 (i.e., coronavirus disease 2019) pandemic. Specifically, grants are provided to states, territories, and tribes for the purpose of preventing homeowner mortgage delinquency, defaults, foreclosures, loss of utilities, and displacements of homeowners experiencing financial hardship after January 21, 2020.

To provide emergency assistance to homeowners to respond to the coronavirus pandemic, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Coronavirus Homeowner Assistance Act of 2021''. SEC. 2. HOMEOWNER ASSISTANCE FUND. (a) Appropriation.--There is appropriated, out of amounts in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2021, to remain available until September 30, 2025, $9,961,000,000 to the Homeowner Assistance Fund established under subsection (c) for qualified expenses that meet the purposes established under subsection (c) and expenses described in subsection (d)(1). (b) Definitions.--In this section: (1) Conforming loan limit.--The term ``conforming loan limit'' means the applicable limitation governing the maximum original principal obligation of a mortgage secured by a single-family residence, a mortgage secured by a 2-family residence, a mortgage secured by a 3-family residence, or a mortgage secured by a 4-family residence, as determined and adjusted annually under section 302(b)(2) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)(2)) and section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)). (2) Dwelling.--The term ``dwelling'' means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more individuals. (3) Eligible entity.--The term ``eligible entity'' means-- (A) a State; or (B) any entity eligible for payment under subsection (f). (4) Mortgage.--The term ``mortgage'' means any credit transaction-- (A) that is secured by a mortgage, deed of trust, or other consensual security interest on a principal residence of a borrower that is (i) a 1- to 4-unit dwelling, or (ii) residential real property that includes a 1- to 4-unit dwelling; and (B) the unpaid principal balance of which was, at the time of origination, not more than the conforming loan limit. (5) Fund.--The term ``Fund'' means the Homeowner Assistance Fund established under subsection (c). (6) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (7) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (c) Establishment of Fund.-- (1) Establishment; qualified expenses.--There is established in the Department of the Treasury a Homeowner Assistance Fund to mitigate financial hardships associated with the coronavirus pandemic by providing such funds as are appropriated by subsection (a) to eligible entities, and to require an eligible entity that receives funds pursuant to this section to periodically submit to the Secretary a report that describes the activities carried out by the eligible entity using the funds provided under this section, for the purpose of preventing homeowner mortgage delinquencies, defaults, foreclosures, loss of utilities or home energy services, and displacements of homeowners experiencing financial hardship after January 21, 2020, through qualified expenses related to mortgages and housing, which include-- (A) mortgage payment assistance; (B) financial assistance to allow a homeowner to reinstate a mortgage or to pay other housing related costs related to a period of forbearance, delinquency, or default; (C) principal reduction; (D) facilitating interest rate reductions; (E) payment assistance for-- (i) utilities, including electric, gas, and water; (ii) internet service, including broadband internet access service, as defined in section 8.1(b) of title 47, Code of Federal Regulations (or any successor regulation); (iii) property taxes; (iv) homeowner's insurance, flood insurance, and mortgage insurance; and (v) homeowner's association, condominium association fees, or common charges; (F) reimbursement of funds expended by a State, local government, or designated entity under subsection (e) during the period beginning on January 21, 2020, and ending on the date that the first funds are disbursed by the eligible entity under the Homeowner Assistance Fund, for the purpose of providing housing or utility payment assistance to individuals or otherwise providing funds to prevent foreclosure or eviction of a homeowner or tenant or prevent mortgage delinquency or loss of housing or utilities as a response to the coronavirus disease (COVID) pandemic; and (G) any other assistance to promote housing stability for homeowners, including preventing eviction, mortgage delinquency or default, foreclosure, or the loss of utility or home energy services, as determined by the Secretary. (2) Targeting.--Not less than 60 percent of amounts made to each eligible entity allocated amounts under subsection (d) or (e) shall be used for qualified expenses that assist homeowners having incomes equal to or less than 100 percent of the area median income for their household size or equal to or less than 100 percent of the median income for the United States, as determined by the Secretary of Housing and Urban Development, whichever is greater. The eligible entity shall prioritize remaining funds to populations or geographies experiencing the greatest need. (d) Allocation of Funds.-- (1) Administration.--Of any amounts made available under this section, the Secretary shall reserve-- (A) to the Department of the Treasury, an amount not to exceed $40,000,000 to administer and oversee the Fund, and to provide technical assistance to eligible entities for the creation and implementation of State and tribal programs to administer assistance from the Fund; and (B) to the Inspector General of the Department of the Treasury, an amount not to exceed $2,600,000 for oversight of the program under this section. (2) For states.--After the application of paragraphs (1), (4), and (5) of this subsection and subject to paragraph (3) of this subsection, the Secretary shall establish such criteria as are necessary to allocate the remaining funds available within the Homeowner Assistance Fund to each State of the United States, the District of Columbia, and the Commonwealth of Puerto Rico, taking into consideration, for such State relative to all States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico, as of the date of the enactment of this Act-- (A) the number of individuals who are unemployed; (B) the total number or mortgagors with-- (i) mortgage payments that are more than 30 days past due; or (ii) mortgages in foreclosure. (3) Small state minimum.-- (A) In general.--Each State of the United States, the District of Columbia, and the Commonwealth of Puerto Rico shall receive no less than $40,000,000 for the purposes established in (b). (B) Pro rata adjustments.--The Secretary shall adjust on a pro rata basis the amount of the payments for each State of the United States, the District of Columbia, and the Commonwealth of Puerto Rico determined under this subsection without regard to this subparagraph to the extent necessary to comply with the requirements of subparagraph (A). (4) Territory set-aside.--Notwithstanding any other provision of this section, of the amounts appropriated under subsection (d), the Secretary shall reserve $30,000,000 to be disbursed to eligible entities for Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands based on each such territory's share of the combined total population of all such territories, as determined by the Secretary. For the purposes of this paragraph, population shall be determined based on the most recent year for which data are available from the United States Census Bureau. (5) Tribal set-aside.--The Secretary shall allocate funds to any eligible entity designated under subsection (f) pursuant to the requirements of that subsection. (e) Distribution of Funds to States.-- (1) In general.--The Secretary shall make payments, beginning not later than 45 days after enactment of this Act, from amounts allocated under subsection (d) to eligible entities that have notified the Secretary that they request to receive payment from the Fund and that the eligible entity will use such payments in compliance with this section. (2) Reallocation.--If a State does not request allocated funds by the 90th day after the date of enactment of this Act, such State shall not be eligible for a payment from the Secretary pursuant to this section, and the Secretary shall reallocate any funds that were not requested by such State among the States that have requested funds by the 90th day after the date of enactment of this Act. For any such reallocation of funds, the Secretary shall adhere to the requirements of subsection (d), except for paragraph (1), to the greatest extent possible, provided that the Secretary shall also take into consideration in determining such reallocation a State's remaining need and a State's record of using payments from the Fund to serve homeowners at disproportionate risk of mortgage default, foreclosure, or displacement, including homeowners having incomes equal to or less than 100 percent of the area median income for their household size or 100 percent of the median income for the United States, as determined by the Secretary of Housing and Urban Development, whichever is greater, and minority homeowners. (f) Tribal Set-Aside.-- (1) Set-aside.--Notwithstanding any other provision of this section, of the amounts appropriated under subsection (a), the Secretary shall use 5 percent to make payments to entities that are eligible for payments under clauses (i) and (ii) of section 501(b)(2)(A) of subtitle A of title V of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260) for the purposes described in subsection (c). (2) Allocation and payment.--The Secretary shall allocate the funds set aside under paragraph (1) using the allocation formulas described in clauses (i) and (ii) of section 501(b)(2)(A) of subtitle A of title V of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260), and shall make payments of such amounts to entities eligible for payment under clauses (i) and (ii) of section 501(b)(2)(A) of subtitle A of title V of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260) that notify the Secretary that they intend to receive payments allocated by the Secretary for purposes described under subsection (c) and will use such payments in compliance with this section. (3) Adjustment.--Allocations provided under this subsection may be further adjusted as provided by section 501(b)(2)(B) of subtitle A of title V of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260). <all>

Coronavirus Homeowner Assistance Act of 2021

To provide emergency assistance to homeowners to respond to the coronavirus pandemic, and for other purposes.

Coronavirus Homeowner Assistance Act of 2021

Rep. Scott, David

D

GA

H.R.5400

Science, Technology, Communications

Preventing Disruptions to Universal Service Funds Act This bill extends through December 31, 2024, the waiver of certain budgetary restrictions on the Universal Service Fund to continue allowing the fund to incur obligations or make expenditures in advance of appropriations. The fund, which is financed by mandatory contributions from telecommunications service providers, supports programs to increase the availability and affordability of telecommunications services.

To amend the Universal Service Antideficiency Temporary Suspension Act to further exempt the Universal Service Fund from certain title 31 provisions. Be it enacted by the Senate 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 Disruptions to Universal Service Funds Act''. SEC. 2. APPLICATION OF CERTAIN TITLE 31 PROVISIONS TO UNIVERSAL SERVICE FUND. Section 302 of the Universal Service Antideficiency Temporary Suspension Act (Public Law 108-494; 118 Stat. 3998) is amended by striking ``December 31, 2021'' each place it appears and inserting ``December 31, 2024''. <all>

Preventing Disruptions to Universal Service Funds Act

To amend the Universal Service Antideficiency Temporary Suspension Act to further exempt the Universal Service Fund from certain title 31 provisions.

Preventing Disruptions to Universal Service Funds Act

Rep. Hayes, Jahana

D

CT

S.1232

Commerce

This bill modifies the calculation of loan amounts for partnerships with no employees (e.g., self-employed farmers) under the Paycheck Protection Program, which was established to support small businesses in response to COVID-19. Specifically, the bill allows such individuals to apply for a loan in the amount of the difference between their gross and net income loan amounts, even if they have already received a loan based on their net income and received forgiveness for that loan.

To modify the maximum paycheck protection program loan amount for farmers and ranchers, sole proprietors, independent contractors, and self-employed individuals. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CALCULATION OF MAXIMUM PPP LOAN AMOUNT. (a) In General.--Section 7(a)(36)(V) of the Small Business Act (15 U.S.C. 636(a)(36)(V)) is amended-- (1) by striking clause (i) and inserting the following: ``(i) Definition.--In this subparagraph, the term `covered recipient' means an eligible recipient that-- ``(I)(aa) operates as a sole proprietorship, as an independent contractor, or as a partnership with gross farming income from self- employment; or ``(bb) is an eligible self-employed individual; ``(II) reports farm income or expenses on a Schedule F (or any equivalent successor schedule); and ``(III) was in business as of February 15, 2020.''; and (2) by striking clause (iv) and inserting the following: ``(iv) Partnerships with no employees.-- With respect to a partnership without employees, the maximum covered loan amount shall be equal to the sum of-- ``(I) the product obtained by multiplying-- ``(aa) the gross income, limited to the amount attributable to general partners as determined by the sum of their distributive shares of gross farming income from self-employment, that is not more than $100,000 per partner, and no more than $500,000 in total, divided by 12; and ``(bb) 2.5; and ``(II) the outstanding amount of a loan under subsection (b)(2) that was made during the period beginning on January 31, 2020 and ending on April 3, 2020 that the borrower intends to refinance under the covered loan, not including any amount of any advance under the loan that is not required to be repaid. ``(v) Recalculation.-- ``(I) In general.--A lender that made a covered loan before the date of enactment of the PPP Flexibility for Farmers, Ranchers, and the Self- Employed Act may, at the request of the covered recipient-- ``(aa) recalculate the maximum loan amount applicable to that covered loan based on the formula described in clause (ii), (iii), or (iv), as applicable, if doing so would result in a larger covered loan amount; and ``(bb) provide the covered recipient with additional covered loan amounts based on that recalculation. ``(II) Loan limitation.--For purposes of receiving a recalculated loan amount related to a covered loan under subclause (I), paragraph (37)(F) shall not apply. ``(III) Effect of forgiveness.-- Subject to rules issued by the Administrator, a covered recipient shall be eligible to submit a request for a recalculated loan amount related to a covered loan under subclause (I) without regard to whether the covered recipient has sought or received forgiveness with respect to the applicable covered loan under section 7A. ``(IV) Forgiveness of recalculated loan amount.--For purposes of this subparagraph, as soon as is practicable upon expenditure of additional covered loan amounts provided under subclause (I)-- ``(aa) an eligible recipient shall attest to compliance with applicable requirements under this paragraph; and ``(bb) the additional covered loan amounts shall be forgiven under section 7A. ``(V) Reimbursement for loan processing.--The Administrator shall reimburse a lender for processing recalculation requests under this clause in an amount determined by the Administrator.''. (b) Effective Date; Applicability.--The amendments made by subsection (a) shall be effective as if included in the CARES Act (Public Law 116-136) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of enactment of this Act. <all>

A bill to modify the maximum paycheck protection program loan amount for farmers and ranchers, sole proprietors, independent contractors, and self-employed individuals.

A bill to modify the maximum paycheck protection program loan amount for farmers and ranchers, sole proprietors, independent contractors, and self-employed individuals.

Official Titles - Senate Official Title as Introduced A bill to modify the maximum paycheck protection program loan amount for farmers and ranchers, sole proprietors, independent contractors, and self-employed individuals.

Sen. Baldwin, Tammy

D

WI

S.3689

Emergency Management

Crisis Counseling Act This bill requires the President to immediately approve a request from a state, territory, or Indian tribe affected by a major disaster for financial assistance available through the Crisis Counseling Assistance and Training Program (CCP). Under current law, such states, territories, and tribes must apply to, and wait for approval from, the Federal Emergency Management Agency (FEMA) to implement the CCP. This bill provides for automatic approval for such requests if the requesting state, territory, or tribe has been designated a disaster area under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

To ensure that, after the declaration of a major disaster, States, local governments, and Indian tribal governments affected by the major disaster receive immediate approval for services and assistance under section 416 of the Robert T. Stafford Disaster Relief and Emergency Assistance 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 ``Crisis Counseling Act''. SEC. 2. CRISIS COUNSELING ASSISTANCE AND TRAINING. Section 416 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5183) is amended-- (1) by striking ``The President is authorized'' and inserting the following: ``(a) In General.--The President is authorized''; and (2) by adding at the end the following: ``(b) Immediate Assistance Required.-- ``(1) In general.--A State or local agency, or an Indian tribal government, that is affected by a major disaster may submit to the President a request for the financial assistance described in subsection (a). ``(2) Immediate approval.--Immediately upon receipt of a request for financial assistance under paragraph (1), the President shall-- ``(A) approve the request; and ``(B) grant the financial assistance.''. <all>

Crisis Counseling Act

A bill to ensure that, after the declaration of a major disaster, States, local governments, and Indian tribal governments affected by the major disaster receive immediate approval for services and assistance under section 416 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

Crisis Counseling Act

Sen. Warnock, Raphael G.

D

GA

H.R.5259

Armed Forces and National Security

Marine Corps Recruit Depot San Diego Protection Act This bill prohibits the use of federal funds to close or relocate Marine Corps Recruit Depot, San Diego, in California, or to conduct any planning or other activity related to such closure or relocation.

To prohibit the use of Federal funds to close or relocate the Marine Corps Recruit Depot in San Diego, California. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Corps Recruit Depot San Diego Protection Act''. SEC. 2. PROHIBITION ON CLOSING OR RELOCATING MARINE CORPS RECRUIT DEPOT IN SAN DIEGO, CALIFORNIA. No Federal funds may be used to close or relocate the Marine Corps Recruit Depot in San Diego, California, or to conduct any planning or other activity related to such closure or relocation. <all>

Marine Corps Recruit Depot San Diego Protection Act

To prohibit the use of Federal funds to close or relocate the Marine Corps Recruit Depot in San Diego, California.

Marine Corps Recruit Depot San Diego Protection Act

Rep. Peters, Scott H.

D

CA

S.1172

Transportation and Public Works

Freedom to Move Act This bill directs the Department of Transportation to award competitive five-year grants (Freedom to Move Grants) to states, local governments, transit agencies, and non-profit organizations in both rural and urban areas to cover the lost fare revenue for fare-free public transportation and improve public transportation. Grants shall be used to support (1) implementing a fare-free transit program; and (2) efforts to improve public transportation, particularly in underserved communities, such as costs associated with efforts to provide more safe, frequent, and reliable bus service, including bus stop safety and accessibility improvements, and pedestrian and bike shelters.

To direct the Secretary of Transportation to carry out a grant program to support efforts to provide fare-free transit service, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom to Move Act''. SEC. 2. PURPOSE. The purposes of this Act are-- (1) to invest in the efforts of States, counties, and local municipalities to provide fare-free public transportation; and (2) to support States, counties, and local municipalities in improving and expanding access to safe, accessible, and reliable mass transit systems in order to improve the livability of communities. SEC. 3. FINDINGS. Congress finds the following: (1) Increasing access to safe, reliable, and affordable public transit systems, including buses, light rail, and subways can help increase community livability and access to critical services such as education, jobs, and healthcare. (2) The cost of transit fares can act as a challenging economic barrier for low-income individuals and families who are most likely to rely on public transportation to access critical services and must spend larger parts of their household budget on transportation services. Removing economic barriers to safe, reliable, and affordable public transit can help to increase social and economic mobility by increasing access to education, training, and employment. (3) Individuals with disabilities are twice as likely as those without disabilities to have inadequate access to safe, affordable, and reliable transportation. Reports have found that of the nearly 2,000,000 people with disabilities who are unable to leave their homes, nearly 30 percent are unable to do so due to a lack of adequate transportation. (4) As the senior population continues to grow, an increasing number of elderly adults depend on public transit to access medical care and other vital services. Additionally, the percentage of 13- to 34-year-olds without a driver's license continues to grow. Taken together, these trends show the unprecedented urgency of investing in and improving the public transit systems of the United States. (5) According to the Department of Transportation, transportation accounts for 29 percent of greenhouse gas emissions in the United States. Public transportation, however, produces significantly lower greenhouse gas emissions per passenger mile than transportation by private vehicles. Increasing public transit ridership and moving more people to and from critical services with fewer vehicles on the road can reduce greenhouse gas emissions. (6) Eliminating transit fares and significantly reducing economic barriers to public transit will help to reduce the need for fare evasion policies that disproportionately criminalize low-income individuals and people of color. SEC. 4. GRANTS TO SUPPORT FARE-FREE TRANSIT. (a) Definitions.--In this section: (1) Eligible entity.--In this section, the term ``eligible entity'' means-- (A) a State, a political subdivision of a State, or an Indian Tribe; (B) a transit agency; (C) a private nonprofit organization engaged in public transportation in a rural area; or (D) a partnership between 2 or more entities described in subparagraphs (A) through (C). (2) Foster care youth.--The term ``foster care youth''-- (A) means children and youth whose care and placement are the responsibility of the State or Tribal agency that administers a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. and 670 et seq.), without regard to whether foster care maintenance payments are made under section 472 of that Act (42 U.S.C. 672) on behalf of such children and youth; and (B) includes individuals who were age 13 or older when their care and placement were the responsibility of a State or Tribal agency that administered a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. and 670 et seq.) and who are no longer under the care and responsibility of such a State or Tribal agency, without regard to any such individual's subsequent adoption, guardianship arrangement, or other form of permanency outcome. (3) Indian tribe.--The term ``Indian Tribe'' means an Indian tribe, as that term is used in chapter 53 of title 49, United States Code. (4) Low-income individual.--The term ``low-income individual'' means an individual whose family income is at or below 150 percent of the poverty line (as that term is defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), including any revision required by that section) for a family of the size involved. (5) Mass transit; public transit; transit.--The terms ``mass transit'', ``public transit'', and ``transit'' mean public transportation. (6) Public transportation.--The term ``public transportation''-- (A) means regular, continuing shared-ride surface transportation services that are open to the general public or open to a segment of the general public defined by age, disability, or low income; and (B) does not include-- (i) intercity passenger rail transportation provided by the entity described in chapter 243 of title 49, United States Code (or a successor to that entity); (ii) intercity bus service; (iii) charter bus service; (iv) school bus service; (v) sightseeing service; (vi) courtesy shuttle service for patrons of one or more specific establishments; or (vii) intra-terminal or intra-facility shuttle services. (7) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (8) State.--The term ``State'' has the meaning given the term in section 5302 of title 49, United States Code. (9) Underserved community.--The term ``underserved community'' means-- (A) a community that-- (i) is not served by any existing bus route; or (ii) receives infrequent bus service; and (B) a community located in an area within a census tract that is identified as-- (i) a low-income community; and (ii) a community of color. (b) Grants Authorized.--Not later than 360 days after the date of enactment of this Act, the Secretary shall award grants (which shall be known as ``Freedom to Move Grants'') to eligible entities, on a competitive basis, to cover the lost fare revenue for fare-free public transportation and improve public transportation. (c) Application.--To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including, at a minimum, the following: (1) A description of how the eligible entity plans to implement fare-free transit access. (2) A description of how the eligible entity will work to expand and improve bus service, which may include-- (A) a bus network redesign; (B) how the bus network redesign will prioritize consistent and reliable service for low-income and underserved communities; (C) how the bus network redesign will prioritize connectivity to critical services and improve community livability; and (D) how the eligible entity will meaningfully consult with members of the community, community leaders, local stakeholders and advocates (including transit advocates and disability advocates), local education agencies and institutions of higher education, community developers, labor unions, public housing agencies, and workforce development boards, while facilitating the bus network redesign. (3) A description of how the eligible entity will meaningfully partner and collaborate with members of the community, community leaders, local stakeholders and advocates (including transit advocates and disability advocates), local education agencies and institutions of higher education, community developers, labor unions, public housing agencies and workforce development boards to support outreach efforts to increase awareness of fare-free transit programs, including fare-free bus programs. (4) A description of the eligible entity's equity evaluation examining any equity and mobility gaps within each transit system operated by the eligible entity or within the geographic area under the jurisdiction of the eligible entity, and how the eligible entity plans to significantly close those gaps, including-- (A) the average commute time for driver commuters and non-driver commuters; (B) public transit ridership rates disaggregated by-- (i) mode of transportation; and (ii) demographic group, including youth (including foster care youth), seniors, individuals with disabilities, and low-income individuals; and (C) average length of bus routes and average delay times. (5) A description of the eligible entity's fare evasion enforcement policies, including-- (A) the cost of the fine, if any, and whether the infraction is considered a civil offense or a criminal offense punishable by imprisonment; (B) the number of individuals charged with violating a fare evasion policy, disaggregated by age, race, gender, and disability status; and (C) how the eligible entity plans to eliminate fare evasion policies and end the criminalization of individuals evading fares. (6) An estimate of additional costs that the eligible entity will incur as a result of increased ridership, including-- (A) fuel costs; (B) personnel costs; (C) maintenance costs; and (D) other operational costs. (7) Information and statistics on assaults on transit employees and a description of each training or policy used or intended to be used to protect employees, which may include de- escalation training. (d) Duration.--A grant awarded under this section shall be for a 5- year period. (e) Selection of Eligible Entities.--In carrying out the grant program under this section, the Secretary shall award grants to eligible entities located in both rural and urbanized areas. (f) Uses of Funds.--An eligible entity that receives a grant under this section shall use the grant to support-- (1) implementing a fare-free transit program; and (2) efforts to improve public transportation, particularly in underserved communities, including costs associated with efforts to provide more safe, frequent, and reliable bus service, including-- (A) bus stop safety and accessibility improvements; (B) pedestrian and bike shelters; (C) signage; (D) painted bus lanes; (E) signal priority systems; (F) street redesign; (G) operational costs to meet demands of increased ridership, including hiring and training of personnel; and (H) conducting a bus network redesign. (g) Report.-- (1) In general.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall-- (A) collect data from each eligible entity receiving a grant under this section on the progress of the entity in meeting the targets described in the application of the entity; and (B) publish and submit to Congress a report containing the data collected under subparagraph (A). (2) Requirements.--The report required under paragraph (1) shall-- (A) include data on demographics of communities served under this section, disaggregated and cross- tabulated by-- (i) race; (ii) ethnicity; (iii) sex; and (iv) household median income; and (B) assess the progress of eligible entities towards significantly closing transit equity and mobility gaps as described in subsection (c)(4). (h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000,000 for each of fiscal years 2022 through 2026. <all>

Freedom to Move Act

A bill to direct the Secretary of Transportation to carry out a grant program to support efforts to provide fare-free transit service, and for other purposes.

Freedom to Move Act

Sen. Markey, Edward J.

D

MA

S.2785

Health

Protecting Our Kids from Harmful Research Act This bill prohibits the use of federal funds for research or publications concerning gender transitions in individuals under the age of 18.

To prohibit the use of Federal funds for gender transition in minors. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Our Kids from Harmful Research Act''. SEC. 2. PROHIBITION ON USE OF FEDERAL FUNDS FOR GENDER TRANSITION IN MINORS. (a) In General.--Notwithstanding any other provision of law, no Federal funds may be used to fund research or publications relating to gender transition in individuals under the age of 18, including any observational studies that gather evidence on the provision of hormonal treatments or surgical procedures on minors, for the purpose of-- (1) affirming a minor's perception of his or her sex, if that perception is incongruent with such minor's sex; or (2) affirming a minor's asserted identity, if the asserted identity is incongruent with such minor's sex. (b) Definition.--For purposes of this section, the term ``sex'' shall be recognized based solely on a person's reproductive biology and genetics at birth. <all>

Protecting Our Kids from Harmful Research Act

A bill to prohibit the use of Federal funds for gender transition in minors.

Protecting Our Kids from Harmful Research Act

Sen. Lee, Mike

R

UT

H.R.1734

Public Lands and Natural Resources

Surface Mining Control and Reclamation Act Amendments of 2021 This bill reauthorizes the Department of the Interior to collect fees on the production of coal through FY2036, expands the eligible uses of the Abandoned Mine Reclamation Fund, and revises requirements concerning the fund. Under current law, operators of active coal mines must pay such fees through FY2021. Revenue from the fees are deposited into the Abandoned Mine Reclamation Fund, which is used for the reclamation of abandoned coal mines. The bill authorizes Interior to reimburse states and tribal governments from the fund for the emergency restoration, reclamation, abatement, control, or prevention of adverse effects of coal mining practices. It also increases the minimum amount of funds from $3 million to $5 million that Interior must award to states and Indian tribes that have approved abandoned mine reclamation programs.

To amend the Surface Mining Control and Reclamation Act of 1977 to allow the Secretary of the Interior to delegate certain emergency reclamation activities to the States and 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. SHORT TITLE. This Act may be cited as the ``Surface Mining Control and Reclamation Act Amendments of 2021''. SEC. 2. ABANDONED MINE LAND RECLAMATION FUND. Section 401(f)(2) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231(f)(2)) is amended-- (1) in subparagraph (A)-- (A) in the heading, by striking ``2022'' and inserting ``2037''; and (B) by striking ``2022'' and substituting ``2037''; and (2) in subparagraph (B)-- (A) in the heading, by striking ``2023'' and inserting ``2038''; (B) by striking ``2023'' and substituting ``2038''; and (C) by striking ``2022'' and inserting ``2037''. SEC. 3. EMERGENCY POWERS. (a) State Reclamation Program.--Section 405(d) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1235(d)) is amended by striking ``sections 402 and 410 excepted'' and inserting ``section 402 excepted''. (b) Delegation.--Section 410 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1240) is amended-- (1) in subsection (a), by inserting ``, including through reimbursement to a State or Tribal Government described in subsection (c),'' after ``moneys''; and (2) by adding at the end the following: ``(c) State or Tribal Government.--A State or Tribal Government is eligible to receive reimbursement from the Secretary under subsection (a) if such State or Tribal Government has submitted, and the Secretary has approved, an Abandoned Mine Land Emergency Program as part of an approved State or Tribal Reclamation Plan under section 405.''. SEC. 4. RECLAMATION FEE. (a) Duration.--Effective 90 days after the date of enactment of this Act, section 402(b) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking ``September 30, 2021'' and inserting ``September 30, 2036''. (b) Allocation of Funds.--Effective September 30, 2021, section 402(g) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(g)) is amended-- (1) in paragraph (6)(A), by striking ``paragraphs (1) and (5)'' and inserting ``paragraphs (1), (5), and (8)''; (2) in paragraph (8)(A), by striking ``$3,000,000'' and inserting ``$5,000,000''; and (3) by adding at the end the following: ``(9) From amounts withheld pursuant to the Budget Control Act of 2011 from payments to States and Indian Tribes under this subsection and section 411(h) of the Surface Mining Control and Reclamation Act during fiscal years 2013 through 2021, the Secretary shall distribute for fiscal year 2022 an amount to each State and Indian Tribe equal to the total amount withheld.''. SEC. 5. EXEMPT PROGRAMS AND ACTIVITIES. Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act (2 U.S.C. 905(g)(1)(A)) is amended by adding at the end the following: ``Payments to States and Indian Tribes from the Abandoned Mine Reclamation Fund and payments to States and Indian Tribes under section 402(i)(2) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(i)(2)).''. Union Calendar No. 407 117th CONGRESS 2d Session H. R. 1734 [Report No. 117-566, Part I] _______________________________________________________________________

Surface Mining Control and Reclamation Act Amendments of 2021

To amend the Surface Mining Control and Reclamation Act of 1977 to allow the Secretary of the Interior to delegate certain emergency reclamation activities to the States and Tribes, and for other purposes.

Surface Mining Control and Reclamation Act Amendments of 2021 Surface Mining Control and Reclamation Act Amendments of 2021

Rep. Cartwright, Matt

D

PA

S.2293

Government Operations and Politics

Civilian Reservist Emergency Workforce Act of 2021 or the CREW Act This act makes employment protections under the Uniformed Services Employment and Reemployment Rights Act (USERRA) applicable to Federal Emergency Management Agency (FEMA) reservists who deploy to major disaster and emergency sites. It allows such reservists to claim such rights under USERRA even if they do not provide notice of their absence from work due to deployment.

[117th Congress Public Law 178] [From the U.S. Government Publishing Office] [[Page 136 STAT. 2110]] Public Law 117-178 117th Congress An Act To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide certain employment rights to reservists of the Federal Emergency Management Agency, and for other purposes. <<NOTE: Sept. 29, 2022 - [S. 2293]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Civilian Reservist Emergency Workforce Act of 2021. 38 USC 101 note.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Civilian Reservist Emergency Workforce Act of 2021'' or the ``CREW Act''. SEC. 2. PERSONNEL PERFORMING SERVICE RESPONDING TO PRESIDENTIALLY DECLARED MAJOR DISASTERS AND EMERGENCIES. Section 306 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5149) is amended by adding at the end the following: ``(d) Personnel Performing Service Responding to Disasters and Emergencies.-- ``(1) USERRA employment and reemployment rights.--The protections, <<NOTE: Applicability.>> rights, benefits, and obligations provided under chapter 43 of title 38, United States Code, shall apply to intermittent personnel appointed pursuant to subsection (b)(1) to perform service to the Federal Emergency Management Agency under sections 401 and 501 or to train for such service. ``(2) Notice of absence from position of employment.-- Preclusion of giving notice of service by necessity of service under subsection (b)(1) to perform service to the Federal Emergency Management Agency under sections 401 and 501 or to train for such service shall be considered preclusion by `military necessity' for purposes of section 4312(b) of title 38, United States Code, pertaining to giving notice of absence from a position of employment. <<NOTE: Determination.>> A determination of such necessity shall be made by the Administrator and shall not be subject to review in any judicial or administrative proceeding.''. SEC. 3. EXTENSION OF CERTAIN EMPLOYMENT AND REEMPLOYMENT RIGHTS TO FEMA RESERVISTS. (a) In General.--Section 4303 of title 38, United States Code, is amended-- (1) in paragraph (13), by inserting before ``, and a period'' the following: ``, a period for which a person is absent from a position of employment due to an appointment into service in the Federal Emergency Management Agency as intermittent personnel under section 306(b)(1) of the Robert T. Stafford [[Page 136 STAT. 2111]] Disaster Relief and Emergency Assistance Act (42 U.S.C. 5149(b)(1))''; (2) by redesignating the second paragraph (16) (relating to uniformed services) as paragraph (17); and (3) in paragraph (17), as so redesignated, by inserting before ``and any other category'' the following: ``intermittent personnel who are appointed into Federal Emergency Management Agency service under section 306(b)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5149(b)(1)) or to train for such service,''. (b) Modification of Exception for Requirement for Members of Uniformed Services to Provide Notice to Employers to Obtain Certain Employment and Reemployment Rights.--Section 4312(b) of title 38, United States Code, is amended-- (1) by striking the second sentence; (2) by inserting ``(1)'' before ``No notice''; and (3) by adding at the end the following new paragraph: ``(2) <<NOTE: Determination.>> A determination of military necessity for purposes of paragraph (1) shall be made-- ``(A) except as provided in subparagraphs (B) and (C), pursuant to regulations prescribed by the Secretary of Defense; ``(B) for persons performing service to the Federal Emergency Management Agency under section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165f) and as intermittent personnel under section 306(b)(1) of such Act (42 U.S.C. 5149(b)(1)), by the Administrator of the Federal Emergency Management Agency as described in sections 327(j)(2) and 306(d)(2) of such Act (42 U.S.C. 5165f(j)(2) and 5149(d)(2)), respectively; or ``(C) for intermittent disaster-response appointees of the National Disaster Medical System, by the Secretary of Health and Human Services as described in section 2812(d)(3)(B) of the Public Health Service Act (42 U.S.C. 300hh-11(d)(3)(B)). ``(3) A determination of military necessity under paragraph (1) shall not be subject to judicial review.''. Approved September 29, 2022. LEGISLATIVE HISTORY--S. 2293: --------------------------------------------------------------------------- SENATE REPORTS: No. 117-44 (Comm. on Homeland Security and Governmental Affairs). CONGRESSIONAL RECORD: Vol. 167 (2021): Dec. 8, considered and passed Senate. Vol. 168 (2022): Sept. 13, 14, considered and passed House. <all>

CREW Act

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

CREW Act Civilian Reservist Emergency Workforce Act of 2021 Civilian Reservist Emergency Workforce Act of 2021 Civilian Reservist Emergency Workforce Act of 2021 CREW Act Civilian Reservist Emergency Workforce Act of 2021

Sen. Peters, Gary C.

D

MI

H.R.5285

Labor and Employment

Extend Unemployment Assistance Act of 2021 This bill extends pandemic unemployment compensation provisions set to expire on September 6, 2021, until February 1, 2022. Extended provisions include The bill also increases the maximum duration of compensation from 79 weeks to 100 weeks.

To amend the CARES Act to extend certain unemployment compensation provisions, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Extend Unemployment Assistance Act of 2021''. SEC. 2. EXTENSION OF PANDEMIC UNEMPLOYMENT ASSISTANCE. (a) In General.--Section 2102(c) of the CARES Act (15 U.S.C. 9021(c)) is amended-- (1) in paragraph (1)(A)(ii), by striking ``September 6, 2021'' and inserting ``February 1, 2022''; and (2) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively. (b) Increase in Number of Weeks.--Section 2102(c)(2) of such Act (15 U.S.C. 9021(c)(2)) is amended-- (1) by striking ``79 weeks'' and inserting ``100 weeks''; and (2) by striking ``79-week period'' and inserting ``100-week period''. (c) Hold Harmless for Proper Administration.--In the case of an individual who is eligible to receive pandemic unemployment assistance under section 2102 of the CARES Act (15 U.S.C. 9021) as of the most recent week ending on or before September 6 and on the date of enactment of this Act becomes eligible for pandemic emergency unemployment compensation under section 2107 of the CARES Act (15 U.S.C. 9025) by reason of the amendments made by this Act, any payment of pandemic unemployment assistance under such section 2102 made after the date of enactment of this Act to such individual during an appropriate period of time, as determined by the Secretary of Labor, that should have been made under such section 2107 shall not be considered to be an overpayment of assistance under such section 2102, except that an individual may not receive payment for assistance under section 2102 and a payment for assistance under section 2107 for the same week of unemployment. SEC. 3. EXTENSION OF EMERGENCY UNEMPLOYMENT RELIEF FOR GOVERNMENTAL ENTITIES AND NONPROFIT ORGANIZATIONS. (a) In General.--Section 903(i)(1)(D) of the Social Security Act (42 U.S.C. 1103(i)(1)(D)) is amended by striking ``September 6, 2021'' and inserting ``February 1, 2022''. (b) Increase in Reimbursement Rate.--Section 903(i)(1)(B) of such Act (42 U.S.C. 1103(i)(1)(B)) is amended by striking ``September 6, 2021'' and inserting ``February 1, 2022''. SEC. 4. EXTENSION OF FEDERAL PANDEMIC UNEMPLOYMENT COMPENSATION. (a) In General.--Section 2104(e)(2) of the CARES Act (15 U.S.C. 9023(e)(2)) is amended by striking ``September 6, 2021'' and inserting ``February 1, 2022''. (b) Amount.--Section 2104(b)(3)(A)(ii) of such Act (15 U.S.C. 9023(b)(3)(A)(ii)) is amended by striking ``September 6, 2021'' and inserting ``February 1, 2022''. SEC. 5. EXTENSION OF FULL FEDERAL FUNDING OF THE FIRST WEEK OF COMPENSABLE REGULAR UNEMPLOYMENT FOR STATES WITH NO WAITING WEEK. Section 2105(e)(2) of the CARES Act (15 U.S.C. 9024(e)(2)) is amended by striking ``September 6, 2021'' and inserting ``February 1, 2022''. SEC. 6. EXTENSION OF EMERGENCY STATE STAFFING FLEXIBILITY. Section 9015 of the American Rescue Plan Act of 2021 is amended by striking ``September 6, 2021'' and inserting ``February 1, 2022''. SEC. 7. EXTENSION OF PANDEMIC EMERGENCY UNEMPLOYMENT COMPENSATION. (a) In General.--Section 2107(g)(2) of the CARES Act (15 U.S.C. 9025(g)(2)) is amended by striking ``September 6, 2021'' and inserting ``February 1, 2022''. (b) Increase in Number of Weeks.--Section 2107(b)(2) of such Act (15 U.S.C. 9025(b)(2)) is amended by striking ``53'' and inserting ``74''. (c) Coordination of Pandemic Emergency Unemployment Compensation With Extended Compensation.--Section 2107(a)(5)(B) of such Act (15 U.S.C. 9025(a)(5)(B)) is amended by inserting ``or for the week that includes the date of enactment of the Extend Unemployment Assistance Act of 2021 (without regard to the amendments made by subsections (a) and (b) of section 7 of such Act)'' after ``such Act)''. (d) Special Rule for Extended Compensation.--Section 2107(a)(8) of such Act (15 U.S.C. 9025(a)(8)) is amended by striking ``September 6, 2021'' and inserting ``February 1, 2022''. SEC. 8. EXTENSION OF TEMPORARY FINANCING OF SHORT-TIME COMPENSATION PAYMENTS IN STATES WITH PROGRAMS IN LAW. Section 2108(b)(2) of the CARES Act (15 U.S.C. 9026(b)(2)) is amended by striking ``September 6, 2021'' and inserting ``February 1, 2022''. SEC. 9. EXTENSION OF TEMPORARY FINANCING OF SHORT-TIME COMPENSATION AGREEMENTS FOR STATES WITHOUT PROGRAMS IN LAW. Section 2109(d)(2) of the CARES Act (15 U.S.C. 9027(d)(2)) is amended by striking ``September 6, 2021'' and inserting ``February 1, 2022''. SEC. 10. EXTENSION OF TEMPORARY ASSISTANCE FOR STATES WITH ADVANCES. Section 1202(b)(10)(A) of the Social Security Act (42 U.S.C. 1322(b)(10)(A)) is amended by striking ``September 6, 2021'' and inserting ``February 1, 2022''. SEC. 11. EXTENSION OF FULL FEDERAL FUNDING OF EXTENDED UNEMPLOYMENT COMPENSATION. (a) In General.--Section 4105 of the Families First Coronavirus Response Act (26 U.S.C. 3304 note) is amended by striking ``September 6, 2021'' and inserting ``February 1, 2022''. (b) Effective Date.--The amendment made by subsection (a) shall apply as if included in the enactment of the Families First Coronavirus Response Act (Public Law 116-127). SEC. 12. ADDITIONAL ENHANCED BENEFITS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT. (a) In General.--Section 2(a)(5)(A) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(a)(5)(A)) is amended-- (1) in the first sentence, by striking ``September 6, 2021'' and inserting ``February 1, 2022''; and (2) in the fourth sentence, by striking ``September 6, 2021'' and inserting ``February 1, 2022''. (b) Clarification on Authority To Use Funds.--Funds appropriated under subparagraph (B) of section 2(a)(5) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(a)(5)) shall be available to cover the cost of recovery benefits provided under such section 2(a)(5) by reason of the amendments made by subsection (a) as well as to cover the cost of such benefits provided under such section 2(a)(5) as in effect on the day before the date of enactment of this Act. SEC. 13. EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT. (a) In General.--Section 2(c)(2)(D) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(c)(2)(D)) is amended-- (1) in clause (i)-- (A) in subclause (I), by striking ``330 days'' and inserting ``435 days''; and (B) in subclause (II)-- (i) by striking ``33 consecutive 14-day periods'' and inserting ``44 consecutive 14-day periods''; and (ii) by striking ``20 consecutive 14-day periods'' and inserting ``31 consecutive 14-day periods''; (2) in clause (ii)-- (A) by striking ``265 days of unemployment'' and inserting ``370 days of unemployment''; (B) by striking ``27 consecutive 14-day periods'' and inserting ``37 consecutive 14-day periods''; and (C) by striking ``20 consecutive 14-day periods'' and inserting ``31 consecutive 14-day periods''; and (3) in clause (iii), by striking ``September 6, 2021'' and inserting ``February 1, 2022''. (b) Clarification on Authority To Use Funds.--Funds appropriated under the first, second, or third sentence of clause (v) of section 2(c)(2)(D) of the Railroad Unemployment Insurance Act shall be available to cover the cost of additional extended unemployment benefits provided under such section 2(c)(2)(D) by reason of the amendments made by subsection (a) as well as to cover the cost of such benefits provided under such section 2(c)(2)(D) as in effect on the day before the date of enactment of this Act. SEC. 14. EXTENSION OF WAIVER OF THE 7-DAY WAITING PERIOD FOR BENEFITS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT. (a) In General.--Section 2112(a) of the CARES Act (15 U.S.C. 9030(a)) is amended by striking ``September 6, 2021'' and inserting ``February 1, 2022''. (b) Clarification on Authority To Use Funds.--Funds appropriated under section 2112(c) of the CARES Act (15 U.S.C. 9030(c)) shall be available to cover the cost of additional benefits payable due to section 2112(a) of such Act by reason of the amendments made by subsection (a) as well as to cover the cost of such benefits payable due to such section 2112(a) as in effect on the day before the date of enactment of this Act. SEC. 15. RAILROAD RETIREMENT BOARD FUNDING. In addition to amounts otherwise made available, there are appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $2,000,000, to remain available until expended, for the Railroad Retirement Board, for additional hiring and overtime bonuses as needed to administer the Railroad Unemployment Insurance Act. SEC. 16. BUDGETARY EFFECTS. Each Federal payment made to a State as a result of the amendments made by this Act, and any additional benefits paid as a result of such amendments, shall be exempt from any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985. SEC. 17. EFFECTIVE DATE. Except where otherwise provided, the amendments made by this Act shall apply as if included in the enactment of the CARES Act (Public Law 116-136), except that no amount shall be payable by virtue of such amendments with respect to any week of unemployment ending on or before September 6, 2021. <all>

Extend Unemployment Assistance Act of 2021

To amend the CARES Act to extend certain unemployment compensation provisions, and for other purposes.

Extend Unemployment Assistance Act of 2021

Rep. Ocasio-Cortez, Alexandria

D

NY

S.1883

Armed Forces and National Security

This bill directs the U.S. Postal Service to provide for the issuance of a forever stamp to honor the sacrifices of families who have lost a loved one who was a member of the Armed Forces in combat.

To provide for the issuance of a ``Gold Star Families Forever Stamp'' to honor the sacrifices of families who have lost a loved one who was a member of the Armed Forces in combat. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. GOLD STAR FAMILIES FOREVER STAMP. (a) Findings.--Congress finds that-- (1) Gold Star families are true national heroes, who deserve our deepest gratitude and respect; and (2) the extraordinary contribution of Gold Star families is beyond measure, not merely for their loss, but also for the comfort they selflessly provide others and their model of service and sacrifice. (b) Issuance of Forever Stamp.--In order to continue to honor the sacrifices of families who have lost a loved one who was a member of the Armed Forces in combat, the Postmaster General shall provide for the issuance of a forever stamp suitable for that purpose. (c) Forever Stamp Defined.--In this section, the term ``forever stamp'' means a definitive stamp that-- (1) meets the postage required for first-class mail up to 1 ounce in weight; and (2) retains full validity for the purpose described in paragraph (1) even if the rate of that postage is later increased. (d) Effective Date.--The stamp described in subsection (b) shall be issued beginning as soon as practicable after the date of enactment of this Act and shall not thereafter be discontinued. <all>

A bill to provide for the issuance of a "Gold Star Families Forever Stamp" to honor the sacrifices of families who have lost a loved one who was a member of the Armed Forces in combat.

A bill to provide for the issuance of a "Gold Star Families Forever Stamp" to honor the sacrifices of families who have lost a loved one who was a member of the Armed Forces in combat.

Official Titles - Senate Official Title as Introduced A bill to provide for the issuance of a "Gold Star Families Forever Stamp" to honor the sacrifices of families who have lost a loved one who was a member of the Armed Forces in combat.

Sen. Blumenthal, Richard

D

CT

S.3632

Health

Cutting Rampant Access to Crack Kits Act of 2022 or the CRACK Act of 2022 This bill prohibits community-based overdose prevention programs, syringe services programs, and other harm reduction programs from using funds made available through the American Rescue Plan Act of 2021 to procure or distribute pipes or other paraphernalia that can be used to smoke, inhale, or ingest narcotics.

To amend the program for local substance use disorder services. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cutting Rampant Access to Crack Kits Act of 2022'' or the ``CRACK Act of 2022''. SEC. 2. PROGRAM FOR LOCAL SUBSTANCE USE DISORDER SERVICES. Section 2706(b) of the American Rescue Plan Act of 2021 (Public Law 117-2) is amended by adding at the end the following: ``(3) Prohibited uses.--Amounts made available under this section may not be used to procure, supply, or distribute pipes, cylindrical objects, or other paraphernalia that can be used to smoke, inhale, or ingest narcotics.''. <all>

CRACK Act of 2022

A bill to amend the program for local substance use disorder services.

CRACK Act of 2022 Cutting Rampant Access to Crack Kits Act of 2022

Sen. Rubio, Marco

R

FL

H.R.509

Transportation and Public Works

Coast Guard Safety and Accountability Act This bill requires the U.S. Coast Guard to formally respond in writing to each recommendation about transportation safety from the National Transportation Safety Board (NTSB). The response must indicate whether the Coast Guard intends to (1) adopt the complete recommendation, (2) adopt a part of the recommendation, or (3) refuse to adopt the recommendation. The NTSB must make a copy of each recommendation and response available to the public at a reasonable cost.

To amend title 14, United States Code, to ensure that the Commandant of the Coast Guard responds to safety recommendations by the National Transportation Safety Board. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Coast Guard Safety and Accountability Act''. SEC. 2. COMMANDANT OF THE COAST GUARD'S RESPONSES TO SAFETY RECOMMENDATIONS. (a) Amendment to Title 14.--Chapter 7 of title 14, United States Code, is amended by adding at the end the following: ``SEC. 719. RESPONSES TO SAFETY RECOMMENDATIONS. ``(a) In General.--When the National Transportation Safety Board submits a recommendation about transportation safety to the Commandant of the Coast Guard, the Commandant, not later than 90 days after receiving the recommendation, shall give the Board a formal written response to each recommendation. The response shall indicate whether the Commandant intends-- ``(1) to carry out procedures to adopt the complete recommendation; ``(2) to carry out procedures to adopt a part of the recommendation; or ``(3) to refuse to carry out procedures to adopt the recommendation. ``(b) Timetable for Completing Procedures and Reasons for Refusal.--A response under paragraphs (1) or (2) of subsection (a) shall include a copy of a proposed timetable for completing the procedures. A response under subsection (a)(2) shall detail the reasons for the refusal to carry out procedures on the remainder of the recommendation. A response under subsection (a)(3) shall detail the reasons for the refusal to carry out procedures. ``(c) Public Availability.--The Board shall make a copy of each recommendation and response available to the public at reasonable cost. ``(d) Reporting Requirements.-- ``(1) Annual regulatory status reports.--On February 1 of each year, the Commandant shall submit a report to Congress and the Board containing the regulatory status of each recommendation made by the Board to the Commandant that is on the Board's `most wanted list'. The Commandant shall continue to report on the regulatory status of each such recommendation in the report due on February 1 of subsequent years until final regulatory action is taken on that recommendation or the Commandant determines and states in such a report that no action should be taken. ``(2) Failure to report.--If on March 1 of each year the Board has not received the Commandant's report required by this subsection, the Board shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the Commandant's failure to submit the required report. ``(3) Compliance report with recommendations.--Not later than 90 days after the date on which the Commandant submits a report under this subsection, the Board shall review the Commandant's report and transmit comments on the report to the Commandant, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives.''. (b) Clerical Amendment.--The analysis for chapter 7 of title 14, United States Code, is amended by inserting after the item relating to section 718 the following: ``719. Responses to safety recommendations.''. <all>

Coast Guard Safety and Accountability Act

To amend title 14, United States Code, to ensure that the Commandant of the Coast Guard responds to safety recommendations by the National Transportation Safety Board.

Coast Guard Safety and Accountability Act

Rep. Brownley, Julia

D

CA

H.R.2154

Science, Technology, Communications

Protecting Americans from Dangerous Algorithms Act This bill limits a social media company's immunity from liability if it promotes certain content on its platform. Specifically, the bill removes this immunity from a social media company with more than 10 million monthly users if it utilizes an algorithm, model, or other computational process to amplify or recommend content to a user that is directly relevant to a claim involving (1) interference with civil rights, (2) neglect to prevent interference with civil rights, or (3) acts of international terrorism.

To amend section 230(c) of the Communications Act of 1934 to prevent immunity for interactive computer services for certain claims, and for other purposes. Be it enacted by the Senate 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 Dangerous Algorithms Act''. SEC. 2. AMENDMENT TO THE COMMUNICATIONS DECENCY ACT. Section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)) is amended by adding at the end the following new paragraph: ``(3) Algorithmic amplification.-- ``(A) In general.--For purposes of paragraph (1), an interactive computer service shall be considered to be an information content provider and the protection under such paragraph shall not apply for any claim described in subparagraph (B). ``(B) Conditions for claim.-- ``(i) In general.--A claim in this subparagraph requires the following: ``(I) A claim in a civil action is brought under-- ``(aa) section 1980 or 1981 of the Revised Statutes (42 U.S.C. 1985; 42 U.S.C. 1986); or ``(bb) section 2333 of title 18, United States Code. ``(II) Except as provided in clause (ii), the claim involves a case in which the interactive computer service used an algorithm, model, or other computational process to rank, order, promote, recommend, amplify, or similarly alter the delivery or display of information (including any text, image, audio, or video post, page, group, account, channel, or affiliation) provided to a user of the service if the information is directly relevant to the claim. ``(ii) Exception.--Notwithstanding clause (i)(II), the requirement is not met if-- ``(I) the information delivery or display is ranked, ordered, promoted, recommended, amplified, or similarly altered in a way that is obvious, understandable, and transparent to a reasonable user based only on the delivery or display of the information (without the need to reference the terms of service or any other agreement), including sorting information-- ``(aa) chronologically or reverse chronologically; ``(bb) by average user rating or number of user reviews; ``(cc) alphabetically; ``(dd) randomly; and ``(ee) by views, downloads, or a similar usage metric; or ``(II) the algorithm, model, or other computational process is used for information a user specifically searches for. ``(C) Exemptions.-- ``(i) Small businesses.--This paragraph shall not apply to an interactive computer service that (in combination with each subsidiary and affiliate of the service) has 10,000,000 or fewer unique monthly visitors or users for not fewer than three of the preceding 12 months. ``(ii) Internet infrastructure.--This paragraph shall not apply to a provider of an interactive computer service, when that service is used by another interactive computer service for the management, control, or operation of that other interactive computer service, including for-- ``(I) web hosting; ``(II) domain registration; ``(III) content delivery networks; ``(IV) caching; ``(V) data storage; and ``(VI) cybersecurity.''. <all>

Protecting Americans from Dangerous Algorithms Act

To amend section 230(c) of the Communications Act of 1934 to prevent immunity for interactive computer services for certain claims, and for other purposes.

Protecting Americans from Dangerous Algorithms Act

Rep. Malinowski, Tom

D

NJ

H.R.3426

Taxation

Democracy Technology Partnership Act This bill establishes the International Technology Partnership Office, led by the Special Ambassador for Technology, in the Department of State. The office shall advance U.S. technology policy through the creation of an International Technology Partnership with specified foreign countries. Specifically, the office must create a partnership of democratic countries to develop technology governance regimes, with a focus on key technologies such as artificial intelligence and machine learning, 5G telecommunications, semiconductor chip manufacturing, biotechnology, and quantum computing. Partner countries must be democratic countries with advanced technology sectors that have a demonstrated record of trust or an expressed interest in international cooperation and coordination with the United States on defense and intelligence matters. The bill also establishes the International Technology Partnership Fund in the Department of the Treasury. The State Department may use amounts from this fund to support joint research projects from International Technology Partnership member countries and technology investments in third-country markets. The State Department must submit (1) a report on the activities of the office, including information on any cooperative activities, initiatives, or partnerships pursued with U.S. allies and partners; and (2) a national strategy for technology and national security.

To authorize the establishment of a Technology Partnership among democratic countries, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Democracy Technology Partnership Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The 21st century will increasingly be defined by economic competition rooted in technological advances. Leaders in adopting emerging technologies, such as artificial intelligence, quantum computing, biotechnology, and next- generation telecommunications, and those who shape the use of such technologies, will garner economic, military, and political strength for decades. (2) These technologies offer opportunities for the empowerment of citizens, but also and challenges to basic norms of democratic governance and internationally recognized human rights. The collection and analysis of data from individuals allows governments to know more about their residents' behaviors, preferences, interests, and activities than was possible years ago. The concentration of this data in key technologies, such as smart phones, search databases, and facial recognition databases, along with the sharing of data among governments, creates pressing concerns about individuals' scope to exercise their fundamental political and social rights. (3) This challenge arises as the integrity and efficacy of post-World War II international institutions are increasingly challenged. New approaches to multilateral cooperation and arrangements are needed to tackle the challenges ahead to ensure that the United States continues to lead in critical technologies. (4) As information and communications technologies have matured and increasingly mediate large swathes of social, political and economic activity, it is incumbent on democratic governments to address the ways in which these technologies have undermined democratic values, consumer protections, and social cohesion. Moreover, as authoritarian regimes increasingly shape and deploy technologies to bolster repression, stifle free expression, and interfere with free and fair elections in other countries, the world's advanced democracies will need to shape technology standards so that emerging and critical technologies reflect democratic values, including freedom of expression and privacy. (5) Technological leadership by the world's major liberal- democratic nations collectively will be essential to safeguarding democratic institutions, norms, and values, and contributing to global peace and prosperity, especially as authoritarian governments seek to promote closed information systems and technology that is not interoperable, often through trade and investment practices that are incompatible with global norms. A unified approach by like-minded nations is needed to counteract growing investments in, and deployments of, emerging technologies by authoritarian powers. (6) In addition to the development of emerging technologies, democratic nations must lead in shaping expectations for the responsible use of such technologies and push back against laissez faire approaches and authoritarian interests on internet governance advanced in multilateral forums by-- (A) advocating against efforts to criminalize or limit political dissent and freedom of speech online, such as those spearheaded by the Russian Federation, which seek to undermine the Council of Europe's Convention on Cybercrime, done at Budapest November 23, 2001, in favor of a statist alternative; and (B) prioritizing protections for elections, and other processes essential for healthy democracies, from cyber-attack. (7) The world's leading democracies must also confront new challenges to their market-driven economic systems to ensure their continued leadership in technology and innovation. The People's Republic of China (referred to in this Act as the ``PRC'') is pursuing an industrial policy to achieve dominance in key technologies, including 5G, artificial intelligence (referred to in this section as ``AI''), quantum computing, hypersonics, biotechnology, space capabilities, and autonomous vehicles. (8) The PRC seeks to use technological superiority for national security, military-civil fusion, and economic gains, according to its strategic plans, including-- (A) the Made in China 2025 strategy; (B) the Five-Year Plan for Standardization and China Standards 2035; (C) the 2006 Medium-to-Long Term S&T Plan; (D) the 2010 State Council Decision on Accelerating the Development of Strategic Emerging Industries; and (E) the 13th Five-Year Plan for the Development of Strategic Emerging Industries. (9) The PRC seeks to advance in areas in which democratic countries currently have a technological advantage and move ahead in emerging technologies where China seeks a unique opportunity to overtake such countries. (10) For many years, the PRC has pursued industrial policies and discriminatory trade practices that include-- (A) heavily subsidizing Chinese companies, restricting foreign competition, conducting forced technology transfers, and using both licit and illicit means to access research and development around technologies in order to advantage Chinese companies in specific technology fields; (B) providing significant government funding for research and development in the PRC in specific technologies to build future competitiveness; (C) seeking to ensure global adoption of Chinese technologies, and the success of Chinese firms, especially in emerging and strategic markets, through significant foreign direct investment, low-cost financing and comprehensive services for foreign development projects, through initiatives such as the Belt and Road Initiative, which includes the Digital Silk Road and the Health Silk Road, as well as the Smart City Initiative, efforts centered on promoting the use of Chinese exports by offering far cheaper rates and bundling these deals into larger development and aid packages; (D) aiding the adoption of Chinese-led standards for digital technologies and products through compensating Chinese firms that submit standards and flooding forums with technical experts; and (E) leveraging the international standard setting bodies to advance the vision of the PRC regarding standards and technologies. (11) As a result of these practices in support of Chinese companies, the PRC is increasing its influence in AI, 5G, and a wide range of other science and technology disciplines that constitute long-term economic and security threats to the United States, its allies, and like-minded partners. According to market research firm Dell'Oro Group, Huawei's share of worldwide telecommunications revenue equipment grew from 20 percent in 2014 to 31 percent in 2020. (12) While the United States semiconductor industry is the worldwide industry leader with approximately 50 percent of global market share and sales of $193,000,000,000 in 2019, the situation may be changing. In 2019, all 6 of the new semiconductor fabrication plants that opened worldwide were located outside of the United States, with 4 of these plants built in China. The Government of the PRC plans to spend $150,000,000,000 on its computer chip industry during the next 10 years. (13) The PRC uses technologies, such as AI, facial recognition, and biometrics, to increase control over its population, facilitating mass surveillance, scalable censorship, and technology-enabled social control, including against ethnic and religious minorities including Tibetans, Uyghurs, ethnic Kazakhs, Kyrgyz, and members of other Muslim minority groups. (14) The PRC uses its economic power to coerce and censor companies, individuals and countries. (15) In the past decade, the Government of the PRC-- (A) blocked exports of rare earth elements to Japan; (B) threatened to curtail domestic sales of German cars; (C) cut off tourism to South Korea; (D) restricted banana imports from the Philippines; and (E) imposed large tariffs on Australian barley exports. (16) The Government of the PRC-- (A) has banned United States technology companies, including Facebook, Google, and Twitter; (B) has pressured movie studios based in the United States to alter content in movies that it deemed objectionable; and (C) has retaliated against a range of American companies for actual or perceived support for a range of political positions, including recognizing territorial claims of countries in border disputes with China, recognizing Tibet, and more. (17) Third countries have become particular targets of Chinese investments in technology. These third country investments provide access to innovation, data that allows Chinese companies to refine their own systems, and influence over the policies of these governments. The terms on which Chinese investments are made often are attractive in the short- term but create conditions for Chinese ownership of, or influence over, major industries in those countries. (18) After decades of being the world leader in key technologies, the United States is at risk of falling behind the PRC in key technologies of the future. While private-sector research and development investments have steadily increased in the United States, Federal Government spending has declined as a percentage of Gross Domestic Product from approximately 1.2 percent in 1976 to approximately 0.7 percent in 2018. The decline has been even steeper in the physical sciences. The Federal Government plays a unique and critical role in America's innovation ecosystem. Government research and development spending spurs private-sector investments, and the United States Government remains the largest source of basic research funding, which is foundational to game-changing technological achievements. (19) During the past several years, the PRC has quadrupled its research and development spending and is on the brink of surpassing the United States in total investments in key technologies, with its growth in research and development spending doubling the United States Government's spending increase in this area. Chinese patent publications have surged in the fields of artificial intelligence, machine learning, and deep learning. (20) The United States is highly dependent on China for key components of critical technologies in its supply chains, such as rare earths. (21) The United States remains a leader in the science and technology areas of engineering and biology as well as key components, including telecommunications equipment and semiconductors. The United States does not have a domestic manufacturer of radio access network equipment for 5G networks, but is well-positioned to lead in 6G telecommunications, which depend on software and semiconductors, areas of United States strength. (22) Other countries have unique knowledge, expertise, and capabilities in numerous cutting edge technologies, including semiconductor manufacturing equipment, such as extreme ultraviolet lithography machines for semiconductor fabrication and machine tools for fabrication of custom components. In order to successfully compete against the PRC, the United States must partner with such countries. (23) The private sector in the United States and partner countries, including Japan, Korea, Australia, New Zealand, the United Kingdom, and the European Union has considerable expertise in both technology and in standard setting, given the role of the private sector in international standard setting bodies, but this expertise can be better leveraged in shaping United States technology policy. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) emerging technology governance regimes driven by undemocratic governments that do not reflect democratic values are gaining traction internationally through coercive, diplomatic, and unfair economic, trade, and development practices; (2) the United States is failing to lead international efforts or prioritize multilateral coordination, institutions, and legal compatibility in the area of technology governance, ceding leadership to authoritarian regimes and risking the growth of anti-democratic norms and standards around technologies; and (3) promoting greater coordination, common functional problem-solving institutional mechanisms, and more compatible legal regimes among democratic nations is essential to create an international technology governance architecture that benefits all nations and effectively counters and contains nondemocratic governance regimes. SEC. 4. STATEMENT OF POLICY. It shall be the policy of the United States to lead in the creation of a new multilateral diplomatic architecture for technology policy composed of the world's tech-leading democracies. SEC. 5. INTERNATIONAL TECHNOLOGY PARTNERSHIP OFFICE AT THE DEPARTMENT OF STATE. (a) Establishment.--The Secretary of State shall establish an interagency-staffed International Technology Partnership Office (referred to in this section as the ``Office''), which shall be housed in the Department of State. (b) Leadership.-- (1) Special ambassador.--The Office shall be headed by the Special Ambassador for Technology, who shall-- (A) be appointed by the President, by and with the advice and consent of the Senate; (B) have the rank and status of ambassador; and (C) report to the Secretary of State, unless otherwise directed by the Secretary of State. (2) Directors.--The Secretary of Commerce and the Secretary of Treasury shall each appoint, from within their respective departments, directors for International Technology Partnership, who also shall serve as liaisons between the Office and the Department of Commerce or the Department of the Treasury, as applicable. (c) Membership.--In addition to the individuals referred to in subsection (b), the Office shall include a representative or expert detailee from key Federal agencies, as determined by the Special Ambassador for Technology. (d) Purposes.--The purposes of the Office shall include-- (1) creating an international technology partnership of democratic countries to develop harmonized technology governance regimes and to fill gaps where United States capabilities are currently insufficient, with a specific focus on key technologies, including-- (A) artificial intelligence and machine learning; (B) 5G telecommunications and other advanced wireless networking technologies; (C) semiconductor chip manufacturing; (D) biotechnology; (E) quantum computing; (F) surveillance technologies, including facial recognition technologies and censorship software; and (G) fiber optic cables; (2) vigorously identifying existing and, as needed, new multilateral mechanisms to advance the objectives of the International Technology Partnership around technology governance that advances democratic values; (3) coordinating with such countries regarding shared technology strategies, including technology controls and standards, as informed by the reports required under section 8; and (4) developing strategies with partner countries for coordinated, development and financial support for the acquisition by key countries of the technologies listed in paragraph (1), or comparable technologies, in order to provide alternatives for those countries to systems supported by authoritarian regimes. (e) Special Hiring Authorities.--The Secretary of State may-- (1) hire support staff for the Office; and (2) hire individuals to serve as experts or consultants for the Office, in accordance with section 3109 of title 5, United States Code. (f) Report.--Not later than one year after the date of the enactment of this Act and annually thereafter for the following three years, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives an unclassified report, with a classified index if necessary, regarding the activities of the Office undertaken to carry out the purposes described in subsection (d), including information on any cooperative activities, initiatives, or partnerships pursued with United States allies and partners, and the results of such activities, initiatives, or partnerships. SEC. 6. INTERNATIONAL TECHNOLOGY PARTNERSHIP. (a) Partnership Criteria.--The Special Ambassador for Technology (referred to in this section as the ``Special Ambassador'') shall seek to establish an International Technology Partnership with foreign countries that have-- (1) democratic national government and a strong commitment to democratic values, including an adherence to the rule of law, freedom of speech, and respect for and promotion of human rights, including the right to privacy; (2) an economy with advanced technology sectors; and (3) a demonstrated record of trust or an expressed interest in international cooperation and coordination with the United States on important defense and intelligence issues. (b) Political and Economic Unions.--The International Technology Partnership may include relevant political and economic unions. (c) Objectives.--The Special Ambassador, in cooperation with International Technology Partnership participants, shall pursue, as appropriate, through memoranda of understanding, executive agreements, free trade agreements, and existing multilateral channels-- (1) coordination of technology policies and standards among International Technology Partnership countries through participation in international standard setting bodies, such as the United Nations Group of Governmental Experts, World Trade Organization, the 3rd Generation Partnership Project, and the International Telecommunications Union, including pre- attendance meetings, education, and panels to report on issues; (2) coordination of policies with the private sector to ensure private sector led, politically neutral, standards processes; (3) the adoption of shared data privacy, data sharing, and data archiving standards among the United States and partner countries and relevant economic and political unions, including harmonized data protection regulations; (4) the creation of coordinated policies for the use and control of emerging and foundational technologies through-- (A) use restrictions and export controls; (B) investment screening coordination, including the harmonization of technology-transfer laws, regulations, policies, and practices; and (C) the development of other arrangements to regulate and control technology transfer; (5) coordination around the resiliency of supply chains in critical technology areas, with possible diversification of supply chain components among the group, while-- (A) abiding by transparency obligations related to subsidies and product origin; (B) conducting risk analyses of products manufactured in third party nations that fail to meet established standards similarly; and (C) coordinating subsidy policies; (6) the coordination of supply chains regarding semiconductor fabrication through a fabrication research consortium for the semiconductor industry; (7) the facilitation of partnerships and cooperation between research universities, private-sector stake holders, and other entities in member countries regarding key technologies, including the creation of memoranda of understanding regarding science and technology collaboration with member countries and coordinated incentives and subsidies; (8) the coordination of investments and co-financing in targeted countries with the goal of-- (A) promoting secure and resilient digital infrastructure and privacy-enhancing technologies that protect democratic values and create a clear contrast and alternative to the PRC through the United States International Development Finance Corporation, the Export-Import Bank of the United States, foreign development finance institutions (including the World Bank and the International Monetary Fund), the European Bank for Reconstruction and Development, the European Investment Bank, partner country development institutions, regional banks, other lending institutions, or new investment mechanisms; and (B) seeking to ensure that all funding provided by those institutions, for any purpose, should be conditioned upon the protection of democratic values, and that financing is forbidden to entities involved in the international investment programs of authoritarian or illiberal governments; and (9) information sharing among partner countries to raise awareness of-- (A) the technology transfer threat posed by authoritarian governments; and (B) ways in which autocratic regimes are utilizing technology to erode democracies. (d) Working Groups.--In carrying out the objectives described in subsection (c) with respect to particular technology areas, the Special Ambassador may establish working groups within the International Technology Partnership, composed of representatives from partner countries, including relevant political and economic unions, to coordinate on discrete strategies and policies related to specific technologies. SEC. 7. INTERNATIONAL TECHNOLOGY PARTNERSHIP FUND. (a) Establishment.--There is established in the Treasury of the United States a trust fund, which shall be known as the ``International Technology Partnership Fund'' (referred to in this section as the ``Fund''). (b) Deposits.-- (1) Federal appropriations.--There is authorized to be appropriated $5,000,000,000 for the Fund. (2) Donations.--In addition to amounts authorized to be appropriated for the Fund pursuant to paragraph (1), the Secretary of the Treasury may accept donations from International Technology Partnership member countries. (c) Use of Funds.--Subject to subsection (d), amounts deposited into the Fund may be used by the Secretary of State, in consultation with the International Technology Partnership and other relevant Federal agencies, to support-- (1) joint research projects between government research agencies, universities, technology companies, and other entities from International Technology Partnership member countries; and (2) technology investments in third country markets. (d) Notification Requirement.--The obligation of funds under subsection (c) is subject to the notification requirement set forth in section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1). (e) Public-Private Board.-- (1) Establishment.--There is established an International Technology Partnership Advisory Board (referred to in this subsection as the ``Board''), which shall provide the International Technology Partnership Office with advice and recommendations concerning the implementation of this Act. (2) Membership.--The Board shall be composed of individuals-- (A) with demonstrated expertise in the fields of emerging technologies and international trade; and (B) from the private sector, academic institutions, national or international human rights organizations, or technology research institutions. SEC. 8. DEPARTMENT OF STATE REPORTING REGARDING NATIONAL STRATEGY FOR TECHNOLOGY AND NATIONAL SECURITY. Not later than one year after the date of the enactment of this Act, the Secretary of State, in consultation with other relevant Federal agencies, shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives an unclassified report, with a classified index if necessary, that outlines a national strategy for technology and national security, which-- (1) assesses the emerging and foundational technologies of the future; (2) identifies the current capabilities of the United States in critical technologies and its components, including any gaps in such capabilities; (3) identifies the technology capabilities (horizon scanning and technology forecasting) among allied and partner countries; (4) identifies governance models for emerging and foundational technologies being adopted by other countries and other areas of global policy convergence with respect to which the United States should better pursue multilateralism or coordination; (5) identifies a preliminary set of priority technology areas on which the International Technology Partnership should be focused; (6) analyzes the current capabilities of the PRC in critical technologies and components, including any gaps in such capabilities; and (7) includes a set of recommendations for-- (A) rapidly enhancing United States technological capabilities; (B) how the United States should collaborate with allied or like-minded countries, identifying existing and, as needed, new multilateral mechanisms to fill capability gaps and areas for the United States to advance democratic values; and (C) the criteria for determining which countries should be included in the International Technology Partnership, including a strong commitment to democratic values and a history of working closely with the United States, as reflected in Department of State reports regarding human rights and media freedom. <all>

Democracy Technology Partnership Act

To authorize the establishment of a Technology Partnership among democratic countries, and for other purposes.

Democracy Technology Partnership Act

Rep. Moulton, Seth

D

MA

S.3488

International Affairs

Defending Ukraine Sovereignty Act of 2022 This bill authorizes security assistance for Ukraine, requires sanctions against Russia if it escalates hostilities in or against Ukraine, and addresses related issues. The bill (1) authorizes the Department of Defense to use various authorities to provide and expedite the delivery of defense articles to support Ukraine's armed forces, (2) allows the President to exercise drawdown authority to provide defense articles to Ukraine, and (3) authorizes the Department of State to provide International Military Education and Training assistance to Ukraine. The President must periodically determine whether Russia's government is significantly escalating hostilities in or against Ukraine and whether such an escalation has the aim or effect of undermining Ukraine's government or interfering with Ukraine's sovereignty or territorial integrity. If the President determines that Russia's government has engaged in such escalation, the President must impose sanctions on (1) certain government officials, including Russia's president and prime minister; (2) certain Russian financial institutions; (3) entities involved in certain transactions involving Russian debt; (4) entities (and corporate officers of such entities) involved in constructing or operating Russia's Nord Stream 2 natural gas pipeline; and (5) certain entities involved in Russian resource extraction industries. The President may terminate such sanctions after certifying to Congress that Russia's government has taken certain actions, such as entering into an agreed settlement with Ukraine's legitimate democratic government. The bill also authorizes Radio Free Europe/Radio Liberty to explore opening new bureaus to reach new audiences on Russia's periphery. The State Department must establish an initiative to deepen and foster ties with the Baltic states.

To counter the aggression of the Russian Federation against Ukraine and Eastern European allies, to expedite security assistance to Ukraine to bolster Ukraine's defense capabilities, and to impose sanctions relating to the actions of the Russian Federation with respect to Ukraine, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Defending Ukraine Sovereignty Act of 2022''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Sense of Congress. Sec. 4. Statement of policy. TITLE I--EXPEDITING SECURITY ASSISTANCE TO UKRAINE AND BOLSTERING UKRAINE'S DEFENSE CAPABILITIES Sec. 101. Prioritizing delivery of excess defense articles to Ukraine. Sec. 102. Use of Department of Defense lease authority and Special Defense Acquisition Fund to support Ukraine. Sec. 103. Strategy for bolstering defensive capacities of Ukraine and enhancing delivery of security assistance. Sec. 104. Presidential drawdown authority. Sec. 105. Foreign Military Financing. Sec. 106. International Military Education and Training cooperation with Ukraine. Sec. 107. Strategy on International Military Education and Training programming in Ukraine. Sec. 108. Sense of Congress on loan program. Sec. 109. Report on security assistance and provision of defense articles to armed forces of Ukraine. TITLE II--COUNTERING KREMLIN AGGRESSION AGAINST UKRAINE AND EASTERN EUROPEAN ALLIES Sec. 201. Authorizing programs to counter and combat disinformation activities of the Russian Federation. Sec. 202. Expanded support and authorization for Radio Free Europe/ Radio Liberty to reach audiences on the periphery of the Russian Federation. Sec. 203. Multilateral efforts to bolster Ukraine's cyber defense capabilities. Sec. 204. Report on role of intelligence and security services of the Russian Federation in efforts to undermine the independence and integrity of Ukraine. Sec. 205. Strategy for forum on European security. Sec. 206. Deepening security and economic ties with Baltic allies. Sec. 207. Public disclosure of assets of Vladimir Putin and his inner circle. Sec. 208. Briefing to fulfill United States-Ukraine strategic dialogue objectives. TITLE III--DETERRENCE MEASURES AGAINST FURTHER MILITARY ESCALATION AND AGGRESSION BY THE RUSSIAN FEDERATION WITH RESPECT TO UKRAINE Sec. 301. Definitions. Sec. 302. Determination with respect to operations of the Russian Federation in Ukraine. Sec. 303. Imposition of sanctions with respect to officials of the Government of the Russian Federation relating to operations in Ukraine. Sec. 304. Imposition of sanctions with respect to Russian financial institutions. Sec. 305. Imposition of sanctions with respect to provision of specialized financial messaging services to sanctioned Russian financial institutions. Sec. 306. Prohibition on and imposition of sanctions with respect to transactions involving Russian sovereign debt. Sec. 307. Department of State review of sanctions with respect to Nord Stream 2. Sec. 308. Imposition of sanctions with respect to Nord Stream 2. Sec. 309. Imposition of sanctions with respect to Russian extractive industries. Sec. 310. Sanctions described. Sec. 311. Implementation; regulations; penalties. Sec. 312. Exceptions; waiver. Sec. 313. Termination. TITLE IV--GENERAL PROVISIONS Sec. 401. Sunset. Sec. 402. Exception relating to importation of goods. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (2) Defense article; defense service.--The terms ``defense article'' and ``defense service'' have the meanings given those terms in section 47 of the Arms Export Control Act (22 U.S.C. 2794). SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) it is in the national security interests of the United States to continue and deepen the security partnership between the United States and Ukraine, and support Ukraine's sovereignty and territorial integrity; (2) aggression and malign influence by the Government of the Russian Federation and its proxies in Ukraine is a threat to the democratic sovereignty of Ukraine; (3) in coordination with the European Union, the North Atlantic Treaty Organization (NATO), and members of the international community, the United States should support the territorial integrity of Ukraine and oppose any effort by the Government of the Russian Federation to further encroach on Ukraine's territory and independence; (4) the United States should work in close concert with allies and partners of the United States-- (A) to support and expedite the provision of lethal and non-lethal assistance to Ukraine; and (B) to support and bolster the defense of Ukraine against potential renewed aggression and military escalation by the Government of the Russian Federation or through any of its proxies; (5) the United States and NATO should not cede to the demands of the Government of the Russian Federation regarding NATO membership or expansion; (6) economic and financial sanctions, when used as part of a coordinated and comprehensive strategy, are a powerful tool to advance United States foreign policy and national security interests; and (7) the United States, in coordination with allies and partners of the United States, should impose substantial new sanctions in the event that the Government of the Russian Federation or its proxies engages in escalatory military operations or other destabilizing aggression against Ukraine. SEC. 4. STATEMENT OF POLICY. It is the policy of the United States that-- (1) the United States will support the territorial integrity of Ukraine and other Eastern European countries against aggression by the Government of the Russian Federation or its proxies; (2) the United States will work to ensure the swift and ongoing provision of lethal and non-lethal security assistance to Ukraine, particularly so long as the Government of the Russian Federation or its proxies has armed forces within the territorial borders of Ukraine or stationed near Ukraine's border; (3) the United States will continue to build the resiliency of Ukraine's military and cyber defenses and bolster Ukraine's ability to defend against aggression by the Government of the Russian Federation; (4) the United States will continue to improve Ukraine's interoperability with NATO forces and seek to further enhance security cooperation and engagement with and among partners in the Black Sea and Baltic region; (5) the United States will work closely with regional partners, including those in the Black Sea region and the Baltic states, to strengthen Ukrainian and regional security; and (6) the United States is committed to a strong and unified NATO and will not cede to the demands of the Government of the Russian Federation regarding NATO membership. TITLE I--EXPEDITING SECURITY ASSISTANCE TO UKRAINE AND BOLSTERING UKRAINE'S DEFENSE CAPABILITIES SEC. 101. PRIORITIZING DELIVERY OF EXCESS DEFENSE ARTICLES TO UKRAINE. (a) In General.--During fiscal year 2022, the United States should give priority to the delivery of excess defense articles to Ukraine over the transfer of such articles to other countries and regions under section 516(c)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(c)(2)). (b) Waiver.--The President may waive subsection (a) if the President certifies to the appropriate congressional committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives, that such a waiver is in the national security interest of the United States. SEC. 102. USE OF DEPARTMENT OF DEFENSE LEASE AUTHORITY AND SPECIAL DEFENSE ACQUISITION FUND TO SUPPORT UKRAINE. (a) Use of Special Defense Acquisition Fund.--The Secretary of Defense, in consultation with the Secretary of State, may utilize, to the maximum extent possible, the Special Defense Acquisition Fund established under section 51 of the Arms Export Control Act (22 U.S.C. 2795) to expedite the procurement and delivery of defense articles and defense services for the purpose of assisting and supporting the armed forces of Ukraine. (b) Use of Lease Authority.--The Secretary of Defense, in consultation with the Secretary of State, may utilize, to the maximum extent possible, its lease authority, including with respect to no-cost leases, to provide defense articles to Ukraine for the purpose of assisting and supporting the armed forces of Ukraine. SEC. 103. STRATEGY FOR BOLSTERING DEFENSIVE CAPACITIES OF UKRAINE AND ENHANCING DELIVERY OF SECURITY ASSISTANCE. (a) In General.--Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives, a strategy for bolstering the defensive capabilities of the armed forces of Ukraine and enhancing the delivery of security assistance to Ukraine, which shall include the following: (1) A plan to meet the most critical capability gaps and capacity shortfalls of the armed forces of Ukraine. (2) A plan for United States cooperation with allies and partners to provide immediate assistance to the armed forces of Ukraine. (3) A plan to prioritize the delivery of excess defense articles to Ukraine in accordance with section 101. (4) A plan to transfer to Ukraine defense articles previously allocated for operations in Afghanistan that are available for transfer, as appropriate. (b) Form.--The strategy required by subsection (a) shall be submitted in unclassified form, but may include a classified annex if necessary. SEC. 104. PRESIDENTIAL DRAWDOWN AUTHORITY. The authority under section 506(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)) may be exercised during fiscal year 2022 for Ukraine to the maximum extent available for that fiscal year. SEC. 105. FOREIGN MILITARY FINANCING. (a) Sense of Congress.--It is the sense of Congress that-- (1) the provision of security assistance to Ukraine is one of the most efficient and effective mechanisms for supporting Ukraine and ensuring that it can defend against aggression by the Russian Federation; (2) in light of the military build-up by the Government of the Russian Federation, the United States, working with allies and partners, should work to expedite the provision of defense articles and other security assistance to Ukraine and prioritize and facilitate assistance to respond to the most urgent defense needs of the armed forces of Ukraine; and (3) the United States should ensure adequate planning for maintenance for any equipment provided to Ukraine. (b) Authorization of Emergency Supplemental Appropriations.--Upon an affirmative determination under section 302, there is authorized to be appropriated for the Department of State for fiscal year 2022 $500,000,000, as an authorization of emergency supplemental appropriations, for Foreign Military Financing assistance to Ukraine to assist the country in meeting its defense needs. (c) Notice to Congress.--Not later than 15 days before providing assistance or support pursuant to subsection (a), the Secretary of State shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a notification containing the following: (1) A detailed description of the assistance or support to be provided, including-- (A) the objectives of such assistance or support; (B) the budget for such assistance or support; and (C) the expected or estimated timeline for delivery of such assistance or support. (2) A description of such other matters as the Secretary considers appropriate. (d) Authority To Provide Lethal Assistance.--The Secretary of State is authorized to provide lethal assistance under this section, including anti-armor weapon systems, mortars, crew-served weapons and ammunition, grenade launchers and ammunition, anti-tank weapons systems, anti-ship weapons systems, anti-aircraft weapons systems, and small arms and ammunition. SEC. 106. INTERNATIONAL MILITARY EDUCATION AND TRAINING COOPERATION WITH UKRAINE. (a) Sense of Congress.--It is the sense of Congress that-- (1) International Military Education and Training (IMET) is a critical component of United States security assistance that facilitates training of international forces and strengthens cooperation and ties between the United States and foreign countries; (2) it is in the national interest of the United States to further strengthen the armed forces of Ukraine, particularly to enhance their defensive capability and improve interoperability for joint operations; and (3) the Government of Ukraine should fully utilize the United States IMET program, encourage eligible officers and civilian leaders to participate in the training, and promote successful graduates to positions of prominence in the armed forces of Ukraine. (b) Authorization of Appropriations.--There is authorized to be appropriated to the Department of State for fiscal year 2022 $3,000,000 for International Military Education and Training assistance for Ukraine. The assistance shall be made available for the following purposes: (1) Training of future leaders. (2) Establishing a rapport between the United States Armed Forces and the armed forces of Ukraine to build partnerships for the future. (3) Enhancement of interoperability and capabilities for joint operations. (4) Focusing on professional military education, civilian control of the military, and human rights. (5) Fostering a better understanding of the United States. (c) Notice to Congress.--Not later than 15 days before providing assistance or support pursuant to subsection (a), the Secretary of State shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a notification containing the following elements: (1) A detailed description of the assistance or support to be provided, including-- (A) the objectives of such assistance or support; (B) the budget for such assistance or support; and (C) the expected or estimated timeline for delivery of such assistance or support. (2) A description of such other matters as the Secretary considers appropriate. SEC. 107. STRATEGY ON INTERNATIONAL MILITARY EDUCATION AND TRAINING PROGRAMMING IN UKRAINE. (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 strategy for the implementation of the International Military Education and Training program in Ukraine authorized under section 106. (b) Elements.--The strategy required under subsection (a) shall include the following elements: (1) A clear plan, developed in close consultation with the Ukrainian Ministry of Defense and the armed forces of Ukraine, for how the IMET program will be used by the United States Government and the Government of Ukraine to propel program graduates to positions of prominence in support of the reform efforts of the armed forces of Ukraine in line with NATO standards. (2) An assessment of the education and training requirements of the armed forces of Ukraine and clear recommendations for how IMET graduates should be assigned by the Ukrainian Ministry of Defense upon completion of education or training. (3) An accounting of the current combat requirements of the armed forces of Ukraine and an assessment of the viability of alternative mobile training teams, distributed learning, and other flexible solutions to reach such students. (4) An identification of opportunities to influence the next generation of leaders through attendance at United States staff and war colleges, junior leader development programs, and technical schools. (c) Form.--The strategy required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex. SEC. 108. SENSE OF CONGRESS ON LOAN PROGRAM. It is the sense of Congress that-- (1) as appropriate, the United States Government should provide direct loans to Ukraine for the procurement of defense articles, defense services, and design and construction services pursuant to the authority of section 23 of the Arms Export Control Act (22 U.S.C. 2763) to support the further development of Ukraine's military forces; and (2) such loans should be considered an additive security assistance tool, and not a substitute for Foreign Military Financing for grant assistance or Ukraine Security Assistance Initiative programming. SEC. 109. REPORT ON SECURITY ASSISTANCE AND PROVISION OF DEFENSE ARTICLES TO ARMED FORCES OF UKRAINE. Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives, a report that includes-- (1) a description of the steps the United States has taken to provide and expedite security assistance, defense articles, and any other forms of support to Ukraine and the armed forces of Ukraine, including increasing air defense capabilities, since September 1, 2021; (2) a description of any increased assistance and support provided by allies and partners of the United States or Ukraine to Ukraine or the armed forces of Ukraine, including increasing air defense capabilities, since September 1, 2021; and (3) a description of any plans by the United States to provide additional assistance and support to Ukraine or the armed forces of Ukraine. TITLE II--COUNTERING KREMLIN AGGRESSION AGAINST UKRAINE AND EASTERN EUROPEAN ALLIES SEC. 201. AUTHORIZING PROGRAMS TO COUNTER AND COMBAT DISINFORMATION ACTIVITIES OF THE RUSSIAN FEDERATION. (a) Countering Russian Influence Fund.--The Secretary of State should use funds available for obligation in the Countering Russian Influence Fund described in section 7070(d) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115-31; 131 Stat. 706)-- (1) to prioritize assisting Ukraine to detect and combat disinformation from the Russian Federation and its proxies; and (2) to assist the Government of Ukraine in developing new defense strategies and technologies. (b) Strategy Required.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a plan for countering and combating disinformation by the Russian Federation and supporting free and independent media in Ukraine that includes-- (A) a plan to assist the Government of Ukraine in combating and responding to malign influence operations of the Russian Federation aimed at inflaming tensions and dividing Ukrainian society; (B) an assessment of effective efforts and programs to improve media literacy in Ukraine and recommendations for how the United States can assist in supporting and expanding those programs; (C) a plan to assist the Government of Ukraine improve efforts to detect and remove content originating from Russian troll farms, bots, and other sources aimed at sowing division and disseminating disinformation in Ukraine or targeting Ukrainian audiences; (D) recommendations to increase support for independent media outlets, including Radio Free Europe/ Radio Liberty; and (E) recommendations to increase support for independent media outlets catering to Russian-speaking populations residing in Russian-occupied Crimea, the Donbas region of Ukraine, and throughout Ukraine. (2) Form.--The strategy required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex if necessary. SEC. 202. EXPANDED SUPPORT AND AUTHORIZATION FOR RADIO FREE EUROPE/ RADIO LIBERTY TO REACH AUDIENCES ON THE PERIPHERY OF THE RUSSIAN FEDERATION. (a) Sense of Congress.--It is the sense of Congress that-- (1) Radio Free Europe/Radio Liberty continues to fulfill its mission of providing reliable, uncensored, and accessible news and reporting in Ukraine and other countries where media freedom is restricted; (2) Radio Free Europe/Radio Liberty is one of the most critical sources of unrestricted, independent news and reporting for audiences on the periphery of the Russian Federation; (3) the Government of the Russian Federation has engaged in systematic targeting of Radio Free Europe/Radio Liberty reporters inside the Russian Federation, which has negatively impacted the organization's ability to provide timely, reliable, and accurate news from inside the country; and (4) despite pressure from the Government of the Russian Federation, Radio Free Europe/Radio Liberty's audience continues to grow inside the Russian Federation and surrounding countries. (b) Authorization of Appropriations.--There is authorized to be appropriated $155,500,000 for Radio Free Europe/Radio Liberty for fiscal year 2022. (c) Authorization of New Bureaus.--Radio Free Europe/Radio Liberty may explore opening new bureaus to help expand its ability to reach audiences on the periphery of the Russian Federation. (d) Initiatives To Bolster Radio Free Europe/Radio Liberty Bureaus Around Russian Federation's Periphery.--To help expand its reach to Russian-speaking audiences and increase its reach to audiences through digital media, Radio Free Europe/Radio Liberty should-- (1) evaluate where Russian disinformation is most deeply pervasive in the Eurasia region; (2) develop strategies to better communicate with predominately Russian-speaking regions; (3) build on efforts to increase capacity and programming to counter disinformation in real time; (4) expand Russian language investigative journalism; (5) improve the technical capacity of the Ukraine bureau; and (6) continue efforts to increase digital news services. (e) Report Required.--Not later than 90 days after the date of the enactment of this Act, the United States Agency for Global Media shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report that includes-- (1) recommendations of locations to open new bureaus to help reach new audiences in the broader Eurasia region; (2) an assessment of current staffing and anticipated staffing needs in order to effectively reach audiences in the broader Eurasia region; and (3) an assessment of the impact of the Government of the Russian Federation closing down Radio Free Europe/Radio Liberty within the Russian Federation. SEC. 203. MULTILATERAL EFFORTS TO BOLSTER UKRAINE'S CYBER DEFENSE CAPABILITIES. (a) Statement of Policy.--It is the policy of the United States-- (1) to support multilateral, intergovernmental, and nongovernmental efforts to improve Ukraine's cybersecurity capacity, including addressing legislative and regulatory gaps in Ukraine's cybersecurity policies, improving cybersecurity sector governance, and expanding collaboration among relevant stakeholders in both the public and private sectors; (2) to work with the Government of Ukraine to strengthen cybersecurity technical capacity within critical infrastructure sectors and improve the overall cybersecurity workforce by strengthening cybersecurity-related academic and training programs and exchanges; (3) to work closely with the NATO Cooperative Cyber Defence Centre of Excellence, the European Union Agency for Cybersecurity, and the National Cyber Security Centre of the United Kingdom to bolster Ukraine's cyber defense capabilities; and (4) to strengthen the ability of the Government of Ukraine to detect, investigate, disrupt, and deter cyberattacks and to develop cybersecurity incident response teams. (b) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on efforts to implement the policy described in subsection (a). (c) Evaluation of Imposition of Sanctions.--In the event the Government of the Russian Federation or any of its proxies engages in a cyberattack or cyber incident that materially disrupts or degrades any critical infrastructure in Ukraine, the President shall evaluate whether imposing any of the sanctions described in section 310 is in the national security interests of the United States. SEC. 204. REPORT ON ROLE OF INTELLIGENCE AND SECURITY SERVICES OF THE RUSSIAN FEDERATION IN EFFORTS TO UNDERMINE THE INDEPENDENCE AND INTEGRITY OF UKRAINE. (a) In General.--Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Secretary of State, shall submit to the appropriate congressional committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives, a report on the role of the intelligence and security services of the Russian Federation in efforts to undermine and interfere with the independence of Ukraine. (b) Elements.--The report required by subsection (a) shall include-- (1) an assessment of the priorities and objectives of the intelligence and security services of the Russian Federation with respect to Ukraine; (2) a detailed description of the steps taken by any intelligence or security services of the Russian Federation to undermine the stability of Ukraine or the Government of Ukraine; (3) a complete list of the branches of the intelligence or security services of the Russian Federation that have engaged in any influence efforts or campaigns to undermine the stability of Ukraine or the Government of Ukraine; (4) an assessment of-- (A) the tactics and techniques used by any intelligence and security services of the Russian Federation with respect to Ukraine; and (B) the success of those tactics and techniques; and (5) any plans by the United States to provide additional support to the Government of Ukraine to prevent internal destabilization efforts, including through intelligence sharing and support for reforms and anti-corruption efforts. SEC. 205. STRATEGY FOR FORUM ON EUROPEAN SECURITY. (a) Sense of Congress.--It is the sense of Congress that-- (1) the United States should work closely with NATO allies, particularly those that share a border with the Russian Federation, on any matters related to European security; and (2) the United States Mission to the Organization for Security and Co-operation in Europe (commonly referred to as the ``OSCE'') should-- (A) support an inclusive European security dialogue that calls on OSCE participating states to comply with principles set forth in the Helsinki Final Act, the Charter of Paris for a New Europe, and the Charter of the United Nations; and (B) continue to publicly call for the Government of the Russian Federation to adhere to its commitments as an OSCE participating state. (b) Strategy on European Security.--Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a strategy for continued engagement with the Government of the Russian Federation following January 2022 security dialogues, including the Strategic Stability Dialogue in Geneva, the NATO-Russia Council Meeting in Brussels, and the Organization for Security and Co-operation in Europe Permanent Council Meeting in Vienna, which shall include-- (1) an assessment of whether the Government of the Russian Federation has sufficiently de-escalated regional tensions, including through a significant withdrawal of troops from the border of Ukraine, to merit further discussion; (2) an assessment of the objectives of the Government of the Russian Federation related to European security; (3) a plan to reduce tensions between the Russian Federation and Eastern European allies, taking into account the perspectives of a wide cross section of European allies of the United States; and (4) a plan for including Eastern European NATO allies, specifically those that share a border with the Russian Federation, in any conversations on European security. (c) Form.--The strategy required by subsection (a) shall be submitted in unclassified form, but may include a classified annex if necessary. SEC. 206. DEEPENING SECURITY AND ECONOMIC TIES WITH BALTIC ALLIES. (a) Sense of Congress.--It is the sense of Congress that-- (1) supporting and bolstering the security of the Baltic states of Estonia, Latvia, and Lithuania is in the national security interests of the United States; (2) the Baltic states are critical in countering aggression by the Government of the Russian Federation and maintaining the collective security of the NATO alliance; (3) the United States should continue to support and foster a security partnership with the Baltic states that aims to meet their security needs and provides additional capabilities and tools to help defend against aggression by the Government of the Russian Federation in the region; (4) the United States should encourage the initiative undertaken by the Baltic states to advance the Three Seas Initiative to strengthen transport, energy, and digital infrastructures among eastern Europe countries; (5) there are mutually beneficial opportunities for increased investment and economic expansion between the United States and the Baltic states; and (6) improved economic ties between the United States and the Baltic states will lead to a strengthened strategic partnership. (b) Baltic Security and Economic Enhancement Initiative.-- (1) In general.--The Secretary of State shall establish an initiative to deepen and foster security and economic ties with the Baltic states. (2) Purpose and objectives.--The initiative established under paragraph (1) shall have the following goals and objectives: (A) Ensuring the efficient and effective delivery of security assistance to the Baltic states, prioritizing assistance that will bolster defenses against hybrid warfare and improve interoperability with NATO forces. (B) Bolstering United States support for the Baltic region's physical and energy security needs. (C) Mitigating the impact of economic coercion by the Russian Federation and the People's Republic of China on Baltic states and identifying new opportunities for foreign direct investment and United States business ties. (D) Improving high-level engagement between the United States and the Baltic states, with a focus on improving high-level security and economic cooperation. (3) Activities.--The initiative established under paragraph (1) shall-- (A) develop a comprehensive security assistance strategy to strengthen the defensive capabilities of the Baltic states, in coordination with other security assistance authorities, that takes into account the unique challenges of the proximity of the Baltic states to the Russian Federation and the threat of aggression against the Baltic states from the Government of the Russian Federation; (B) encourage the United States International Development Finance Corporation to identify new opportunities for investment in the Baltic states; (C) send high-level representatives of the Department of State to-- (i) the Baltic states not less frequently than twice a year; and (ii) major regional fora on physical and energy security, including the Three Seas Initiative Summit and Business Forum and the Baltic Sea Security Conference; (D) convene an annual trade forum, in coordination with the governments of Baltic states, to foster investment opportunities in the Baltic region for United States businesses; and (E) foster dialogue between experts from the United States and from the Baltic states on hybrid warfare, cyber defenses, economic expansion, and foreign direct investment. SEC. 207. PUBLIC DISCLOSURE OF ASSETS OF VLADIMIR PUTIN AND HIS INNER CIRCLE. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury, in coordination with the Director of National Intelligence and the Secretary of State, shall submit to the committees specified in subsection (d) a detailed report on the personal net worth and assets of the President of the Russian Federation, Vladimir Putin, and his inner circle. (b) Elements.--The report required by subsection (a) shall include-- (1) an identification of significant senior foreign political figures and oligarchs in the Russian Federation, as determined by their closeness to Vladimir Putin; (2) the estimated net worth and known sources of income of the individuals identified under paragraph (1), Vladimir Putin, and the family members of such individuals and Vladimir Putin (including spouses, children, parents, and siblings), including assets, investments, bank accounts, business interests, held in and outside of the Russian Federation, and relevant beneficial ownership information; (3) an estimate of the total annual income and personal expenditures of Vladimir Putin and his family members for calendar years 2017 through 2021; and (4) all known details about the financial practices and transparency, or lack thereof, of Vladimir Putin and the individuals identified under paragraph (1). (c) Form.-- (1) In general.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (2) Public availability.--The unclassified portion of the report required by subsection (a) shall be made available on a publicly accessible internet website. (d) Committees Specified.--The committees specified in this subsection are-- (1) the appropriate congressional committees; (2) the Select Committee on Intelligence and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (3) the Permanent Select Committee on Intelligence and the Committee on Financial Services of the House of Representatives. SEC. 208. BRIEFING TO FULFILL UNITED STATES-UKRAINE STRATEGIC DIALOGUE OBJECTIVES. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall provide to the appropriate congressional committees a briefing on efforts to deepen ties with Ukraine and fully implement the objectives outlined in the United States-Ukraine Charter on Strategic Partnership, signed by Secretary of State Antony Blinken and Ukrainian Foreign Minister Dmytro Kuleba on November 10, 2021. (b) Elements.--The briefing required by subsection (a) shall include the following: (1) A plan to bolster support for Ukraine's sovereignty, independence, territorial integrity, and inviolability of borders, including plans for high-level representation and robust participation in Ukraine's Crimea Platform. (2) A plan to highlight human rights abuses by the Government of the Russian Federation in Ukrainian territory, which shall include mechanisms to draw attention to persecuted minorities and political prisoners in Crimea and the Donbas. (3) An assessment of humanitarian assistance needs for those affected or displaced by the war in Donbas. (4) A plan to support democracy and the rule of law in Ukraine, which shall include efforts to build on progress made on the establishment of anti-corruption institutions, land reform, local governance, and digitalization. TITLE III--DETERRENCE MEASURES AGAINST FURTHER MILITARY ESCALATION AND AGGRESSION BY THE RUSSIAN FEDERATION WITH RESPECT TO UKRAINE SEC. 301. DEFINITIONS. In this title: (1) Admission; admitted; alien.--The terms ``admission'', ``admitted'', and ``alien'' have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (2) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. (3) Financial institution.--The term ``financial institution'' means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (M), or (Y) of section 5312(a)(2) of title 31, United States Code. (4) Foreign financial institution.--The term ``foreign financial institution'' has the meaning given that term in regulations prescribed by the Secretary of the Treasury. (5) Foreign person.--The term ``foreign person'' means an individual or entity that is not a United States person. (6) Knowingly.--The term ``knowingly'' with respect to conduct, a circumstance, or a result, means that a person had actual knowledge, or should have known, of the conduct, the circumstance, or the result. (7) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity. SEC. 302. DETERMINATION WITH RESPECT TO OPERATIONS OF THE RUSSIAN FEDERATION IN UKRAINE. (a) In General.--The President shall determine, at such times as are required under subsection (b), whether-- (1) the Government of the Russian Federation, including through any of its proxies, is engaged in or knowingly supporting a significant escalation in hostilities or hostile action in or against Ukraine, compared to the level of hostilities or hostile action in or against Ukraine prior to December 1, 2021; and (2) if so, whether such escalation has the aim or effect of undermining, overthrowing, or dismantling the Government of Ukraine, occupying the territory of Ukraine, or interfering with the sovereignty or territorial integrity of Ukraine. (b) Timing of Determinations.--The President shall make the determination described in subsection (a)-- (1) not later than 15 days after the date of the enactment of this Act; (2) after the first determination under paragraph (1), every 90 days (or more frequently as warranted) during the one- year period beginning on such date of enactment; and (3) after the end of that one-year period, every 120 days. (c) Report Required.--Upon making a determination under this section, the President shall submit to the appropriate committees of Congress, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives, a report on the determination. SEC. 303. IMPOSITION OF SANCTIONS WITH RESPECT TO OFFICIALS OF THE GOVERNMENT OF THE RUSSIAN FEDERATION RELATING TO OPERATIONS IN UKRAINE. (a) In General.--Upon making an affirmative determination under section 302 and not later than 60 days following such a determination, the President shall impose the sanctions described in section 310 with respect to each of the officials specified in subsection (b). (b) Officials Specified.--The officials specified in this subsection are the following: (1) The President of the Russian Federation. (2) The Prime Minister of the Russian Federation. (3) The Foreign Minister of the Russian Federation. (4) The Minister of Defense of the Russian Federation. (5) The Chief of the General Staff of the Armed Forces of the Russian Federation. (6) The Commander-in-Chief of the Land Forces of the Russian Federation. (7) The Commander-in-Chief of the Aerospace Forces of the Russian Federation. (8) The Commander of the Airborne Forces of the Russian Federation. (9) The Commander-in-Chief of the Navy of the Russian Federation. (10) The Commander of the Strategic Rocket Forces of the Russian Federation. (11) The Commander of the Special Operations Forces of the Russian Federation. (12) The Commander of Logistical Support of the Armed Forces of the Russian Federation. (c) Additional Officials.-- (1) List required.--Not later than 30 days after making an affirmative determination under section 302 and every 90 days thereafter, the President shall submit to the appropriate committees of Congress a list of foreign persons that the President determines-- (A) are-- (i) senior officials of any branch of the armed forces of the Russian Federation leading any of the operations described in section 302; or (ii) senior officials of the Government of the Russian Federation, including any intelligence agencies or security services of the Russian Federation, with significant roles in planning or implementing such operations; and (B) with respect to which sanctions should be imposed in the interest of the national security of the United States. (2) Imposition of sanctions.--Upon the submission of each list required by paragraph (1), the President shall impose the sanctions described in section 310 with respect to each foreign person on the list. SEC. 304. IMPOSITION OF SANCTIONS WITH RESPECT TO RUSSIAN FINANCIAL INSTITUTIONS. (a) Imposition of Sanctions.-- (1) In general.--Upon making an affirmative determination under section 302 and not later than 30 days following such a determination, the President shall impose the sanctions described in section 310(a)(1) with respect to 3 or more of the following financial institutions: (A) Sberbank. (B) VTB. (C) Gazprombank. (D) VEB.RF. (E) The Russian Direct Investment Fund. (F) Credit Bank of Moscow. (G) Alfa Bank. (H) Rosselkhozbank. (I) FC Bank Otkritie. (J) Promsvyazbank. (K) Sovcombank. (L) Transkapitalbank. (2) Subsidiaries and successor entities.--The President may impose the sanctions described in section 310(a)(1) with respect to any subsidiary of, or successor entity to, a financial institution specified in paragraph (1). (b) Additional Russian Financial Institutions.-- (1) List required.--Not later than 30 days after making an affirmative determination under section 302, and every 90 days thereafter, the President shall submit to the appropriate committees of Congress a list of foreign persons that the President determines-- (A) are significant financial institutions owned or operated by the Government of the Russian Federation; and (B) should be sanctioned in the interest of United States national security. (2) Imposition of sanctions.--Upon the submission of each list required by paragraph (1), the President shall impose the sanctions described in section 310(a)(1) with respect to each foreign person identified on the list. SEC. 305. IMPOSITION OF SANCTIONS WITH RESPECT TO PROVISION OF SPECIALIZED FINANCIAL MESSAGING SERVICES TO SANCTIONED RUSSIAN FINANCIAL INSTITUTIONS. (a) List of Providers of Specialized Financial Messaging Services to Russian Financial Institutions.--Not later than 60 days after making an affirmative determination under section 302, and not later than 30 days after the submission of any list of Russian financial institutions under section 304(b)(1), the Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the appropriate committees of Congress a list of all known persons that provide specialized financial messaging services to, or that enable or facilitate access to such services for, any financial institution specified in subsection (a) of section 304 or on the list required by subsection (b) of that section. (b) Report on Efforts To Terminate the Provision of Specialized Financial Messaging Services for Sanctioned Russian Financial Institutions.--Not later than 90 days after the imposition of any sanctions under section 304, and every 30 days thereafter as necessary, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the appropriate committees of Congress a report that-- (1) describes the status of efforts to ensure that the termination of the provision of specialized financial messaging services to, and the enabling and facilitation of access to such services for, any financial institution with respect to which sanctions are imposed under section 304; and (2) identifies any other provider of specialized financial messaging services that continues to provide messaging services to, or enables or facilitates access to such services for, any such financial institution. (c) Authorization for the Imposition of Sanctions.--If, on or after the date that is 90 days after the imposition of any sanctions under section 304, a provider of financial specialized financial messaging services continues to knowingly provide specialized financial messaging services to, or knowingly enable or facilitate direct or indirect access to such messaging services for, any financial institution with respect to which sanctions are imposed under section 304, the President may impose sanctions pursuant to that section or the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to that provider. (d) Enabling or Facilitation of Access to Specialized Financial Messaging Services Through Intermediary Financial Institutions.--For purposes of this section, enabling or facilitating direct or indirect access to specialized financial messaging services includes doing so by serving as an intermediary financial institution with access to such messaging services. (e) Form of Lists and Reports.--Each list required by subsection (a) and each report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex. SEC. 306. PROHIBITION ON AND IMPOSITION OF SANCTIONS WITH RESPECT TO TRANSACTIONS INVOLVING RUSSIAN SOVEREIGN DEBT. (a) Prohibition on Transactions.--Upon making an affirmative determination under section 302 and not later than 30 days following such a determination, the President shall prohibit all transactions by United States persons involving the sovereign debt of the Government of the Russian Federation issued on or after the date of the enactment of this Act, including governmental bonds. (b) Imposition of Sanctions With Respect to State-owned Enterprises.-- (1) In general.--Not later than 60 days after making an affirmative determination under section 302, the President shall identify and impose the sanctions described in section 310 with respect to foreign persons that the President determines engage in transactions involving the debt-- (A) of not less than 10 entities owned or controlled by the Government of the Russian Federation; and (B) that is not subject to any other sanctions imposed by the United States. (2) Applicability.--Sanctions imposed under paragraph (1) shall apply with respect to debt of an entity described in subparagraph (A) of that paragraph that is issued after the date that is 90 days after the President makes an affirmative determination under section 302. (c) List; Imposition of Sanctions.--Not later than 30 days after making an affirmative determination under section 302, and every 90 days thereafter, the President shall-- (1) submit to the appropriate committees of Congress a list of foreign persons that the President determines are engaged in transactions described in subsection (a); and (2) impose the sanctions described in section 310 with respect to each such person. SEC. 307. DEPARTMENT OF STATE REVIEW OF SANCTIONS WITH RESPECT TO NORD STREAM 2. (a) Sense of Congress.--It is the sense of Congress that-- (1) the Nord Stream 2 pipeline is a tool of malign influence of the Russian Federation and if it becomes operational, it will embolden the Russian Federation to further pressure and destabilize Ukraine; and (2) the United States should consider all available and appropriate measures to prevent the Nord Stream 2 pipeline from becoming operational, including through sanctions with respect to entities and individuals responsible for planning, constructing, or operating the pipeline, and through diplomatic efforts. (b) Department of State Review of Sanctions on Nord Stream 2.--Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall review whether the May 19, 2021, waiver regarding sanctions with respect to Nord Stream 2 AG and the chief executive officer of Nord Stream 2 AG remains in the best interest of United States national security, especially in light of the Russian Federation's military build-up along the border of Ukraine. SEC. 308. IMPOSITION OF SANCTIONS WITH RESPECT TO NORD STREAM 2. Upon making an affirmative determination under section 302 and not later than 30 days following such a determination, the President shall impose the sanctions described in section 310 with respect to a foreign person that is-- (1) any entity established for or responsible for the planning, construction, or operation of the Nord Stream 2 pipeline or a successor entity; and (2) any corporate officer of an entity described in paragraph (1). SEC. 309. IMPOSITION OF SANCTIONS WITH RESPECT TO RUSSIAN EXTRACTIVE INDUSTRIES. (a) Identification.--Not later than 60 days after making an affirmative determination under section 302, the President shall identify foreign persons in any of the sectors or industries described in subsection (b) that the President determines should be sanctioned in the interest of United States national security. (b) Sectors and Industries Described.--The sectors and industries described in this subsection are the following: (1) Oil and gas extraction and production. (2) Coal extraction, mining, and production. (3) Minerals extraction and processing. (4) Any other sector or industry with respect to which the President determines the imposition of sanctions is in the United States national security interest. (c) List; Imposition of Sanctions.--Not later than 90 days after making an affirmative determination under section 302, the President shall-- (1) submit to the appropriate committees of Congress a list of the persons identified under subsection (a); and (2) impose the sanctions described in section 310 with respect to each such person. SEC. 310. SANCTIONS DESCRIBED. The sanctions to be imposed with respect to a foreign person under this title are the following: (1) Property blocking.--The President shall exercise all of the powers granted by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Aliens inadmissible for visas, admission, or parole.-- (A) Visas, admission, or parole.--In the case of an alien, the alien is-- (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (B) Current visas revoked.-- (i) In general.--The visa or other entry documentation of an alien described in subparagraph (A) shall be revoked, regardless of when such visa or other entry documentation is or was issued. (ii) Immediate effect.--A revocation under clause (i) shall-- (I) take effect immediately; and (II) automatically cancel any other valid visa or entry documentation that is in the alien's possession. SEC. 311. IMPLEMENTATION; REGULATIONS; PENALTIES. (a) Implementation.--The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this title. (b) Regulations.--The President shall issue such regulations, licenses, and orders as are necessary to carry out this title. (c) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of this Act or any regulation, license, or order issued to carry out this title shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. SEC. 312. EXCEPTIONS; WAIVER. (a) Exceptions.-- (1) Exception for intelligence activities.--This title shall not apply with respect to activities subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States. (2) Exception for compliance with international obligations and law enforcement activities.--Sanctions under this title shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary-- (A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success on June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States; or (B) to carry out or assist law enforcement activity in the United States. (b) National Security Waiver.--The President may waive the imposition of sanctions under this title with respect to a person if the President-- (1) determines that such a waiver is in the national security interests of the United States; and (2) submits to the appropriate committees of Congress a notification of the waiver and the reasons for the waiver. SEC. 313. TERMINATION. The President may terminate the sanctions imposed under this title after determining and certifying to the appropriate committees of Congress that the Government of the Russian Federation has-- (1) verifiably withdrawn all of its forces from Ukrainian territory that was not occupied or subject to control by forces or proxies of the Government of the Russian Federation prior to December 1, 2021; (2) ceased supporting proxies in Ukrainian territory described in paragraph (1); and (3) entered into an agreed settlement with a legitimate democratic government of Ukraine. TITLE IV--GENERAL PROVISIONS SEC. 401. SUNSET. (a) Titles I and II.--The provisions of titles I and II shall terminate on the date that is 5 years after the date of the enactment of this Act. (b) Title III.--The provisions of title III shall terminate on the date that is 3 years after the date of the enactment of this Act. SEC. 402. EXCEPTION RELATING TO IMPORTATION OF GOODS. (a) In General.--Notwithstanding any other provision of this Act, the authority or a requirement to impose sanctions under this Act shall not include the authority or a requirement to impose sanctions on the importation of goods. (b) Good Defined.--In this section, the term ``good'' means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data. Calendar No. 251 117th CONGRESS 2d Session S. 3488 _______________________________________________________________________

Defending Ukraine Sovereignty Act of 2022

A bill to counter the aggression of the Russian Federation against Ukraine and Eastern European allies, to expedite security assistance to Ukraine to bolster Ukraine's defense capabilities, and to impose sanctions relating to the actions of the Russian Federation with respect to Ukraine, and for other purposes.

Defending Ukraine Sovereignty Act of 2022

Sen. Menendez, Robert

D

NJ

H.R.3783

Health

Medical Nutrition Equity Act of 2021 This bill expands coverage under Medicare, Medicaid, other specified federal health care programs, and private health insurance to include foods, vitamins, and individual amino acids that are medically necessary for the management of certain digestive and metabolic disorders and conditions.

To provide for the coverage of medically necessary food and vitamins and individual amino acids for digestive and inherited metabolic disorders under Federal health programs and private health insurance, to ensure State and Federal protection for existing coverage, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Nutrition Equity Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) Each year, thousands of children and adults in the United States are diagnosed with certain digestive or inherited metabolic disorders that prevent their bodies from digesting or metabolizing the food they need to survive. For them, medically necessary food, which can often be administered as an orally consumed formula, is their treatment. (2) Without medically necessary food, these patients risk malnutrition, surgery, and repeated hospitalizations. They may suffer intellectual disability or even death. Risks in pediatric populations are particularly profound and often severe and also include inadequate growth, abnormal development, cognitive impairment, and behavioral disorders. Specialized medically necessary food is standard-of-care therapy for these patients and is essential to preventing such outcomes. (3) While not every person diagnosed with these conditions needs to be treated with medically necessary food for a prolonged period, it is critical that patients and their physicians be able to consider the full range of options and select the treatment that will be most effective for each patient. (4) Insurance companies will typically cover pharmaceuticals or biologics for treatment of many of these conditions, if there is a therapy approved by the Food and Drug Administration. However, these types of treatments may not be the first-line therapy a physician would recommend, do not work for all patients, and can have undesirable risks, such as cancer or suppression of the immune system, which can increase a patient's risk of infection. (5) Even when an insurance company does cover medically necessary food, it can come with the stipulation the formula be administered through a feeding tube, placed through the nose into the stomach or surgically placed directly into the stomach or jejunum, even if a patient is capable of taking the formula orally without these devices. Surgical placement of feeding tubes unnecessarily results in increased risk to the patient and increased cost to the health care system. (6) Testing for select inherited metabolic disorders is required in all States, and approximately 2,000 babies per year are diagnosed with one of these disorders that requires treatment through medically necessary food. Yet, policies on medically necessary food vary significantly and do not always make it possible for families to get sufficient nutrition for their affected children which can lead to delayed development, brain damage, and even death. (7) The worsening of food insecurity during the COVID-19 pandemic has had a significant impact on patients who rely on medical nutrition, and the cost of meeting their dietary needs has been a major burden to individuals facing financial challenges as a result of the pandemic. SEC. 3. COVERAGE OF MEDICALLY NECESSARY FOOD, VITAMINS, AND INDIVIDUAL AMINO ACIDS FOR DIGESTIVE AND INHERITED METABOLIC DISORDERS UNDER FEDERAL HEALTH PROGRAMS AND PRIVATE HEALTH INSURANCE. (a) Coverage Under the Medicare Program.-- (1) Medically necessary food.-- (A) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (i) in subparagraph (GG), by striking ``and'' at the end; (ii) in subparagraph (HH), by inserting ``and'' at the end; and (iii) by adding at the end the following new subparagraph: ``(II) medically necessary food (as defined in subsection (lll)) and, if required, the medical equipment and supplies necessary to administer such food (other than medical equipment and supplies described in subsection (n));''. (B) Definition.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Medically Necessary Food ``(lll)(1) Subject to paragraph (2), the term `medically necessary food' means food, including a low protein modified food product, an amino acid preparation product, a modified fat preparation product, or a nutritional formula (including such a formula that does not require a prescription), that is-- ``(A) furnished pursuant to the prescription, order, or recommendation (as applicable) of a physician or other health care professional qualified to make such prescription, order, or recommendation, for the dietary management of a covered disease or condition; ``(B) a specially formulated and processed product (as opposed to a naturally occurring foodstuff used in its natural state) for the partial or exclusive feeding of an individual by means of oral intake or enteral feeding by tube; ``(C) intended for the dietary management of an individual who, because of a specified disease or condition, has limited or impaired capacity to ingest, digest, absorb, or metabolize ordinary foodstuffs or certain nutrients, or who has other special medically determined nutrient requirements, the dietary management of which cannot be achieved by the modification of the normal diet alone; ``(D) intended to be used under medical supervision, which may include in a home setting; and ``(E) intended only for an individual receiving active and ongoing medical supervision wherein the individual requires medical care on a recurring basis for, among other things, instructions on the use of the food. ``(2) For purposes of paragraph (1), the term `medically necessary food' does not include the following: ``(A) Foods taken as part of an overall diet designed to reduce the risk of a disease or medical condition or as weight loss products, even if they are recommended by a physician or other health professional. ``(B) Foods marketed as gluten-free for the management of celiac disease or non-celiac gluten sensitivity. ``(C) Foods marketed for the management of diabetes. ``(D) Other products determined appropriate by the Secretary. ``(3) In this subsection, the term `covered disease or condition' means the following diseases or conditions: ``(A) Inherited metabolic disorders, including the following: ``(i) Disorders classified as metabolic disorders on the Recommended Uniform Screening Panel Conditions list of the Secretary of Health and Human Services' Advisory Committee on Heritable Disorders in Newborns and Children. ``(ii) N-acetyl glutamate synthase deficiency. ``(iii) Ornithine transcarbamlyase deficiency. ``(iv) Carbamoyl phosphate synthestase deficiency. ``(v) Inherited disorders of mitochondrial functioning. ``(B) Medical and surgical conditions of malabsorption, including the following: ``(i) Impaired absorption of nutrients caused by disorders affecting the absorptive surface, functional length, and motility of the gastrointestinal tract, including short bowel syndrome and chronic intestinal pseudo-obstruction. ``(ii) Malabsorption due to liver or pancreatic disease. ``(C) Immunoglobulin E and non-Immunoglobulin E-mediated allergies to food proteins, including the following: ``(i) Immunoglobulin E and non-Immunoglobulin E- mediated allergies to food proteins. ``(ii) Food protein-induced enterocolitis syndrome. ``(iii) Eosinophilic disorders, including eosinophilic esophagitis, eosinophilic gastroenteritis, eosinophilic colitis, and post-transplant eosinophilic disorders. ``(D) Inflammatory or immune mediated conditions of the alimentary tract, including the following: ``(i) Inflammatory bowel disease, including Crohn's disease, ulcerative colitis, and indeterminate colitis. ``(ii) Gastroesophageal reflux disease that is nonresponsive to standard medical therapies. ``(E) Any other disease or condition determined appropriate by the Secretary, in consultation with appropriate scientific entities, such as the Agency for Healthcare Research and Quality. ``(4)(A) In this subsection, the term `low protein modified food product' means a type of medical food that is modified to be low in protein and formulated for oral consumption for individuals with inborn errors of protein metabolism. ``(B) Such term does not include foods that are naturally low in protein, such as some fruits or vegetables.''. (C) Payment.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (i) by striking ``and'' before ``(DD)''; and (ii) by inserting before the semicolon at the end the following: ``and (EE) with respect to medically necessary food (as defined in section 1861(lll)), the amount paid shall be an amount equal to 80 percent of the lesser of the actual charge for the services or the amount determined under a fee schedule established by the Secretary for purposes of this subparagraph.''. (D) Effective date.--The amendments made by this subsection shall apply to items and services furnished on or after the date that is 1 year after the date of the enactment of this Act. (2) Inclusion of medically necessary vitamins and individual amino acids as a covered part d drug.-- (A) In general.--Section 1860D-2(e)(1) of the Social Security Act (42 U.S.C. 1395w-102(e)(1)) is amended-- (i) in subparagraph (A), by striking ``or'' at the end; (ii) in subparagraph (B), by striking the comma at the end and inserting ``; or''; and (iii) by inserting after subparagraph (B) the following new subparagraph: ``(C) medically necessary vitamins and individual amino acids used for the management of a covered disease or condition (as defined in section 1861(lll)(3)) pursuant to the prescription, order, or recommendation (as applicable) of a physician or other health care professional qualified to make such prescription, order, or recommendation,''. (B) Effective date.--The amendments made by subparagraph (A) shall apply to plan years beginning on or after the date that is 1 year after the date of the enactment of this Act. (b) Coverage Under the Medicaid Program.-- (1) In general.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended-- (A) in paragraph (30), by striking ``and'' at the end; (B) by redesignating paragraph (31) as paragraph (33); and (C) by inserting after paragraph (30) the following new paragraphs: ``(31) medically necessary food (as defined in section 1861(lll)) and the medical equipment and supplies necessary to administer such food; ``(32) medically necessary vitamins and individual amino acids used for the management of a covered disease or condition (as defined in section 1861(lll)(3)) pursuant to the prescription, order, or recommendation (as applicable) of a physician or other health care professional qualified to make such prescription, order, or recommendation; and''. (2) Conforming amendments.-- (A) Mandatory benefits.--Section 1902(a)(10)(A) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)) is amended, in the matter preceding clause (i), by striking ``and (30)'' and inserting ``(30), (31), and (32)''. (B) Exception to coverage restriction.--Section 1927(d)(2)(E) of the Social Security Act (42 U.S.C. 1396r-8(d)(2)(E)) is amended by inserting ``and except for medically necessary vitamins and individual amino acids described in section 1905(a)(32)'' before the period at the end. (3) Effective date.-- (A) In general.--Subject to subparagraph (B), the amendments made by this subsection shall take effect on the date that is 1 year after the date of the enactment of this Act. (B) Exception to effective date if state legislation required.--In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this subsection, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. (c) Coverage Under CHIP.-- (1) In general.--Section 2103(c) of the Social Security Act (42 U.S.C. 1397cc(c)) is amended by adding at the end the following: ``(12) Medically necessary food.--The child health assistance provided to a targeted low-income child under the plan shall include coverage of medically necessary food (as defined in section 1861(lll)) and the medical equipment and supplies necessary to administer such food. ``(13) Certain vitamins and individual amino acids.--The child health assistance provided to a targeted low-income child under the plan shall include coverage of medically necessary vitamins and individual amino acids used for the management of a covered disease or condition (as defined in section 1861(lll)(3)) pursuant to the prescription, order, or recommendation (as applicable) of a physician or other health care professional qualified to make such prescription, order, or recommendation.''. (2) Conforming amendment.--Section 2103(a) of the Social Security Act (42 U.S.C. 1397cc(a)) is amended, in the matter preceding paragraph (1), by striking ``and (8)'' and inserting ``(8), (12), and (13)''. (3) Effective date.-- (A) In general.--Subject to subparagraph (B), the amendments made by this subsection shall take effect on the date that is 1 year after the date of the enactment of this Act. (B) Exception to effective date if state legislation required.--In the case of a State child health plan for child health assistance under title XXI of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this subsection, the State child health plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. (d) Modification of Definition of Medically Necessary Food and Covered Disease or Condition Under the TRICARE Program.-- (1) In general.--Section 1077(h) of title 10, United States Code, is amended-- (A) in paragraph (2)(A), in the matter preceding clause (i), by striking ``or an amino acid preparation product'' and inserting ``, an amino acid preparation product, a modified fat preparation product, or a nutritional formula (including such a formula that does not require a prescription)''; and (B) in paragraph (3)-- (i) in subparagraph (D), by striking ``and'' at the end; (ii) by redesignating subparagraph (E) as subparagraph (F); and (iii) by inserting after subparagraph (D) the following: ``(E) Immunoglobulin E or non-Immunoglobulin E mediated allergies to food proteins; and''. (2) Effective date.--The amendments made by paragraph (1) shall apply to health care provided under chapter 55 of title 10, United States Code, on or after the date that is one year after the date of the enactment of this Act. (e) Coverage Under FEHBP.-- (1) In general.--Section 8902 of title 5, United States Code, is amended by adding at the end the following: ``(p) A contract for a plan under this chapter shall require the carrier to provide coverage for-- ``(1) medically necessary food (as defined in section 1861(lll) of the Social Security Act) and the medical equipment and supplies necessary to administer such food; and ``(2) medically necessary vitamins and individual amino acids in the same manner provided for under section 1860D- 2(e)(1)(C) of the Social Security Act.''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to contract years beginning on or after the date that is 1 year after the date of enactment of this Act. (f) Coverage Under Private Health Insurance.-- (1) In general.--Subpart II of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-11 et seq.) is amended by adding at the end the following: ``SEC. 2729A. COVERAGE OF MEDICALLY NECESSARY FOOD, VITAMINS, AND INDIVIDUAL AMINO ACIDS. ``A health insurance issuer offering group or individual health insurance coverage shall provide coverage for-- ``(1) medically necessary food (as defined in section 1861(lll) of the Social Security Act) and the medical equipment and supplies necessary to administer such food; and ``(2) medically necessary vitamins and individual amino acids in the same manner provided for under section 1860D- 2(e)(1)(C) of the Social Security Act.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to plan years beginning on or after the date that is 1 year after the date of the enactment of this Act. (g) Nonpreemption of State Laws That Provide Greater Coverage.-- Nothing in the provisions of, or the amendments made by, this section shall preempt a State law that requires coverage of medically necessary food and vitamins and individual amino acids for digestive and inherited metabolic disorders that exceeds the requirements for coverage under such provisions and amendments. (h) Medically Necessary Nutrition Coverage Includes Combinations and Supplies.--Nothing in the provisions of, or the amendments made by, this section shall limit coverage of a medically necessary food (as defined in subsection (lll) of section 1861 of the Social Security Act, as added by subsection (a)) or the medical equipment and supplies necessary to administer such food when prescribed, ordered, or recommended in combination with another medically necessary food (as so defined) or other necessary medical equipment and supplies. <all>

Medical Nutrition Equity Act of 2021

To provide for the coverage of medically necessary food and vitamins and individual amino acids for digestive and inherited metabolic disorders under Federal health programs and private health insurance, to ensure State and Federal protection for existing coverage, and for other purposes.

Medical Nutrition Equity Act of 2021

Rep. McGovern, James P.

D

MA

H.R.1516

Government Operations and Politics

Stop Foreign Interference in Ballot Measures Act This bill prohibits contributions or donations by foreign nationals in connection with state or local ballot initiatives or referenda.

To amend the Federal Election Campaign Act of 1971 to prohibit contributions and donations by foreign nationals in connection with State or local ballot initiatives or referenda. Be it enacted by the Senate 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 Foreign Interference in Ballot Measures Act''. SEC. 2. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY FOREIGN NATIONALS IN CONNECTION WITH BALLOT INITIATIVES AND REFERENDA. (a) In General.--Section 319(a)(1)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)) is amended by striking ``election;'' and inserting the following: ``election, including a State or local ballot initiative or referendum;''. (b) Effective Date.--The amendment made by this Act shall apply with respect to elections held in 2022 or any succeeding year. <all>

Stop Foreign Interference in Ballot Measures Act

To amend the Federal Election Campaign Act of 1971 to prohibit contributions and donations by foreign nationals in connection with State or local ballot initiatives or referenda.

Stop Foreign Interference in Ballot Measures Act

Rep. Porter, Katie

D

CA

S.4872

Housing and Community Development

Strategy and Investment in Rural Housing Preservation Act of 2022 This bill provides assistance to rural, multifamily rental-housing projects and tenants. Specifically, the bill provides statutory authority for a Department of Agriculture (USDA) program that supports the preservation and revitalization of affordable housing projects that are financed with USDA loans. Further, the bill makes changes to certain USDA rental assistance programs including by authorizing the USDA to provide rural housing vouchers for low-income households (including those not receiving rental assistance) residing in certain properties financed with or insured by USDA loans. The USDA must also report on preserving the affordability of rental projects financed by USDA loans for low-income families.

To establish a permanent rural housing preservation and revitalization 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 ``Strategy and Investment in Rural Housing Preservation Act of 2022''. SEC. 2. PERMANENT ESTABLISHMENT OF HOUSING PRESERVATION AND REVITALIZATION PROGRAM. Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.) is amended by adding at the end the following new section: ``SEC. 545. HOUSING PRESERVATION AND REVITALIZATION PROGRAM. ``(a) Establishment.--The Secretary shall carry out a program under this section for the preservation and revitalization of multifamily rental housing projects financed under section 515 or both sections 514 and 516. ``(b) Notice of Maturing Loans.-- ``(1) To owners.--On an annual basis, the Secretary shall provide written notice to each owner of a property financed under section 515 or both sections 514 and 516 that will mature within the 4-year period beginning upon the provision of the notice, setting forth the options and financial incentives that are available to facilitate the extension of the loan term or the option to decouple a rental assistance contract pursuant to subsection (f). ``(2) To tenants.-- ``(A) In general.--For each property financed under section 515 or both sections 514 and 516, not later than the date that is 2 years before the date that the loan will mature, the Secretary shall provide written notice to each household residing in the property that informs them of the date of the loan maturity, the possible actions that may happen with respect to the property upon that maturity, and how to protect their right to reside in federally assisted housing after that maturity. ``(B) Language.--Notice under this paragraph shall be provided in plain English and shall be translated to other languages in the case of any property located in an area in which a significant number of residents speak such other languages. ``(c) Loan Restructuring.--Under the program under this section, in any circumstance in which the Secretary proposes a restructuring to an owner or an owner proposes a restructuring to the Secretary, the Secretary may restructure such existing housing loans, as the Secretary considers appropriate, for the purpose of ensuring that those projects have sufficient resources to preserve the projects to provide safe and affordable housing for low-income residents and farm laborers, by-- ``(1) reducing or eliminating interest; ``(2) deferring loan payments; ``(3) subordinating, reducing, or reamortizing loan debt; and ``(4) providing other financial assistance, including advances, payments, and incentives (including the ability of owners to obtain reasonable returns on investment) required by the Secretary. ``(d) Renewal of Rental Assistance.-- ``(1) In general.--When the Secretary proposes to restructure a loan or agrees to the proposal of an owner to restructure a loan pursuant to subsection (c), the Secretary shall offer to renew the rental assistance contract under section 521(a)(2) for a 20-year term that is subject to annual appropriations, provided that the owner agrees to bring the property up to such standards that will ensure maintenance of the property as decent, safe, and sanitary housing for the full term of the rental assistance contract. ``(2) Additional rental assistance.--With respect to a project described in paragraph (1), if rental assistance is not available for all households in the project for which the loan is being restructured pursuant to subsection (c), the Secretary may extend such additional rental assistance to unassisted households at that project as is necessary to make the project safe and affordable to low-income households. ``(e) Restrictive Use Agreements.-- ``(1) Requirement.--As part of the preservation and revitalization agreement for a project, the Secretary shall obtain a restrictive use agreement that obligates the owner to operate the project in accordance with this title. ``(2) Term.-- ``(A) No extension of rental assistance contract.-- Except when the Secretary enters into a 20-year extension of the rental assistance contract for a project, the term of the restrictive use agreement for the project shall be consistent with the term of the restructured loan for the project. ``(B) Extension of rental assistance contract.--If the Secretary enters into a 20-year extension of the rental assistance contract for a project, the term of the restrictive use agreement for the project shall be for 20 years. ``(C) Termination.--The Secretary may terminate the 20-year use restrictive use agreement for a project before the end of the term of the agreement if the 20- year rental assistance contract for the project with the owner is terminated at any time for reasons outside the control of the owner. ``(f) Decoupling of Rental Assistance.-- ``(1) Renewal of rental assistance contract.--If the Secretary determines that a maturing loan for a project cannot reasonably be restructured in accordance with subsection (c) because it is not financially feasible or the owner does not agree with the proposed restructuring, and the project was operating with rental assistance under section 521, the Secretary may renew the rental assistance contract, notwithstanding any provision of section 521, for a term, subject to annual appropriations, of not less than 10 years but not more than 20 years. ``(2) Additional rental assistance.--With respect to a project described in paragraph (1), if rental assistance is not available for all households in the project for which the loan is being restructured pursuant to subsection (c), the Secretary may extend such additional rental assistance to unassisted households at that project as is necessary to make the project safe and affordable to low-income households. ``(3) Rents.--Any agreement to extend the term of the rental assistance contract under section 521 for a project shall obligate the owner to continue to maintain the project as decent, safe and sanitary housing and to operate the development in accordance with this title, except that rents shall be based on the lesser of-- ``(A) the budget-based needs of the project; or ``(B) the operating cost adjustment factor as a payment standard as provided under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437 note). ``(4) Conditions for approval.-- ``(A) Plan.--Before the approval of a rental assistance contract authorized under this section, the Secretary shall require the owner to submit to the Secretary a plan that identifies financing sources and a timetable for renovations and improvements determined to be necessary by the Secretary to maintain and preserve the project. ``(B) Automatic approval.--If a plan submitted under subparagraph (A) is not acted upon by the Secretary within 30 days of the submission, the rental assistance contract is automatically approved for not more than a 1-year period. ``(g) Multifamily Housing Transfer Technical Assistance.--Under the program under this section, the Secretary may provide grants to qualified nonprofit organizations and public housing agencies to provide technical assistance, including financial and legal services, to borrowers under loans under this title for multifamily housing to facilitate the acquisition of such multifamily housing properties in areas where the Secretary determines there is a risk of loss of affordable housing. ``(h) Transfer of Rental Assistance.--After the loan or loans for a rental project originally financed under section 515 or both sections 514 and 516 have matured or have been prepaid and the owner has chosen not to restructure the loan pursuant to subsection (c)-- ``(1) a tenant residing in the project shall have 18 months before loan maturation or prepayment to transfer the rental assistance assigned to the unit of the tenant to another rental project originally financed under section 515 or both sections 514 and 516, and such tenants will have priority for admission over other applicants; and ``(2) the owner of the initial project may rent the previous unit of the tenant to a new tenant without income restrictions. ``(i) Administrative Expenses.--Of any amounts made available for the program under this section for any fiscal year, the Secretary may use not more than $1,000,000 for administrative expenses for carrying out such program. ``(j) Authorization of Appropriations.--There is authorized to be appropriated for the program under this section $200,000,000 for each of fiscal years 2023 through 2027. ``(k) Rulemaking.-- ``(1) In general.--Not later than 180 days after the date of enactment of the Strategy and Investment in Rural Housing Preservation Act of 2022, the Secretary shall-- ``(A) publish an advance notice of proposed rulemaking; and ``(B) consult with appropriate stakeholders. ``(2) Interim final rule.--Not later than 1 year after the date of enactment of the Strategy and Investment in Rural Housing Preservation Act of 2022, the Secretary shall publish an interim final rule to carry out this section.''. SEC. 3. ELIGIBILITY FOR RURAL HOUSING VOUCHERS. Section 542 of the Housing Act of 1949 (42 U.S.C. 1490r) is amended by adding at the end the following: ``(c) Eligibility of Households in Sections 514, 515, and 516 Projects.-- ``(1) In general.--The Secretary may provide rural housing vouchers under this section for any low-income household (including those not receiving rental assistance) residing-- ``(A) for a term longer than the remaining term of their lease in effect just prior to prepayment, in a property financed with a loan made or insured under section 514 or 515 that has-- ``(i) been prepaid without restrictions imposed by the Secretary pursuant to section 502(c)(5)(G)(ii)(I); ``(ii) been foreclosed; or ``(iii) matured after September 30, 2005; or ``(B) in a property assisted under section 514 or 516. ``(2) Priority.--The Secretary shall prioritize the provision of rental housing vouchers under this section for projects owned by nonprofit organizations and their affiliates or public agencies.''. SEC. 4. AMOUNT OF VOUCHER ASSISTANCE. Notwithstanding any other provision of law, in the case of any rural housing voucher provided pursuant to section 542 of the Housing Act of 1949 (42 U.S.C. 1490r), the amount of the monthly assistance payment for the household on whose behalf the assistance is provided shall be determined as provided in subsection (a) of such section 542. SEC. 5. RENTAL ASSISTANCE CONTRACT AUTHORITY. Section 521(d) of the Housing Act of 1949 (42 U.S.C. 1490a(d)) is amended-- (1) in paragraph (1)-- (A) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; (B) by inserting after subparagraph (A) the following: ``(B) upon request of an owner of a project financed under section 514 or 515, the Secretary is authorized to enter into renewal of such agreements for a period of 20 years or the term of the loan, whichever is shorter, subject to amounts made available in appropriations Acts;''; and (C) in subparagraph (C), as so redesignated, by striking ``subparagraph (A)'' and inserting ``subparagraphs (A) and (B)''; and (D) in subparagraph (D), as so redesignated, by striking ``subparagraphs (A) and (B)'' and inserting ``subparagraphs (A), (B), and (C)''; and (2) by adding at the end the following: ``(3) In the case of any rental assistance contract authority that becomes available because of the termination of assistance on behalf of an assisted family-- ``(A) at the option of the owner of the rental project, the Secretary shall provide the owner a period of 6 months before unused assistance is made available pursuant to subparagraph (B) during which the owner may use such assistance authority to provide assistance of behalf of an eligible unassisted family that-- ``(i) is residing in the same rental project that the assisted family resided before the termination; or ``(ii) newly occupies a dwelling unit in the rental project during that 6-month period; and ``(B) except for assistance used as provided in subparagraph (A), the Secretary shall use such remaining authority to provide assistance on behalf of eligible families residing in other rental projects originally financed under section 515 or both sections 514 and 516.''. SEC. 6. FUNDING FOR MULTIFAMILY TECHNICAL IMPROVEMENTS. (a) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Agriculture $50,000,000 for fiscal year 2023 for improving the technology of the Department of Agriculture used to process loans for multifamily housing and otherwise managing that housing. (b) Timeline.--The improvements required under subsection (a) shall be made within the 5-year period beginning upon the appropriation of amounts under subsection (a), and those amounts shall remain available until the expiration of that 5-year period. SEC. 7. PLAN FOR PRESERVING AFFORDABILITY OF RENTAL PROJECTS. (a) Plan.--Not later than 6 months after the date of enactment of this Act, the Secretary of Agriculture (in this section referred to as the ``Secretary'') shall submit to Congress a written for preserving the affordability for low-income families of rental projects for which loans were made under section 514 or 515 of the Housing Act of 1949 (42 U.S.C. 1484, 1485) and avoiding the displacement of tenant households, which shall-- (1) set forth specific performance goals and measures; (2) set forth the specific actions and mechanisms by which those goals will be achieved; (3) set forth specific measurements by which progress towards achievement of each goal can be measured; (4) provide for detailed reporting on outcomes; and (5) include any legislative recommendations to assist in achievement of the goals under the plan. (b) Advisory Committee.-- (1) Establishment; purpose.--The Secretary shall establish an advisory committee (in this section referred to as the ``advisory committee'') to assist the Secretary in-- (A) preserving properties assisted under section 514 or 515 of the Housing Act of 1949 (42 U.S.C. 1484, 1485) through the multifamily housing preservation and revitalization program under section 545 of such Act, as added by section 2 of this Act; and (B) implementing the plan required under subsection (a). (2) Member.--The advisory committee shall consist of 16 members, appointed by the Secretary, as follows: (A) A State Director of Rural Development for the Department of Agriculture. (B) The Administrator for Rural Housing Service of the Department of Agriculture. (C) Two representatives of for-profit developers or owners of multifamily rural rental housing. (D) Two representatives of nonprofit developers or owners of multifamily rural rental housing. (E) Two representatives of State housing finance agencies. (F) Two representatives of tenants of multifamily rural rental housing. (G) One representative of a community development financial institution that is involved in preserving the affordability of housing assisted under sections 514, 515, and 516 of the Housing Act of 1949 (42 U.S.C. 1484, 1485, 1486). (H) One representative of a nonprofit organization that operates nationally and has actively participated in the preservation of housing assisted by the Rural Housing Service by conducting research regarding, and providing financing and technical assistance for, preserving the affordability of that housing. (I) One representative of low-income housing tax credit investors. (J) One representative of regulated financial institutions that finance affordable multifamily rural rental housing developments. (K) Two representatives from nonprofit organizations representing farmworkers, including 1 organization representing farmworker women. (3) Meetings.--The advisory committee shall meet not less often than once each calendar quarter. (4) Functions.--In providing assistance to the Secretary to carry out the purpose of the advisory committee, the advisory committee shall carry out the following functions: (A) Assisting the Rural Housing Service of the Department of Agriculture to improve estimates of the size, scope, and condition of rental housing portfolio of the Rural Housing Service, including the time frames for maturity of mortgages and costs for preserving the portfolio as affordable housing. (B) Reviewing policies and procedures of the Rural Housing Service regarding preservation of affordable rental housing financed under sections 514, 515, 516, and 538 of the Housing Act of 1949 (42 U.S.C. 1484, 1485, 1486, 1490p-2), the Multifamily Preservation and Revitalization Demonstration program, and the rental assistance program and making recommendations regarding improvements and modifications to those policies and procedures. (C) Providing ongoing review of Rural Housing Service program results. (D) Providing reports to Congress and the public on meetings, recommendations, and other findings of the advisory committee. (5) Travel costs.--Any amounts made available for administrative costs of the Department of Agriculture may be used for costs of travel by members of the advisory committee to meetings of the advisory committee. <all>

Strategy and Investment in Rural Housing Preservation Act of 2022

A bill to establish a permanent rural housing preservation and revitalization program, and for other purposes.

Strategy and Investment in Rural Housing Preservation Act of 2022

Sen. Shaheen, Jeanne

D

NH

S.4485

Housing and Community Development

Fair Housing Improvement Act of 2022 This bill prohibits discrimination against individuals based on their source of income, veteran status, or military status in the sale or rental of housing and other related real estate transactions and services.

To amend the Fair Housing Act to prohibit discrimination based on source of income, veteran status, or military status. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Housing Improvement Act of 2022''. SEC. 2. PROHIBITING HOUSING DISCRIMINATION BASED ON SOURCE OF INCOME, VETERAN STATUS, OR MILITARY STATUS. (a) In General.--The Fair Housing Act (42 U.S.C. 3601 et seq.) is amended-- (1) in section 802 (42 U.S.C. 3602), by adding at the end the following: ``(p) `Military status' means the status of a person as a member of the uniformed services, as defined in section 101 of title 10, United States Code. ``(q) `Source of income' includes-- ``(1) a housing voucher under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) and any form of Federal, State, or local housing assistance provided to a person or family or provided to a housing owner on behalf of a person or family, including-- ``(A) rental vouchers; ``(B) rental assistance; ``(C) rental subsidies from nongovernmental organizations; and ``(D) homeownership subsidies; ``(2) income received as a monthly benefit under title II of the Social Security Act (42 U.S.C. 401 et seq.), as a supplemental security income benefit under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.), or as a benefit under the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.), including any such benefit to which the individual is entitled for which payment is made to a representative payee; ``(3) income received by court order, including spousal support and child support; ``(4) any payment from a trust, guardian, conservator, cosigner, or relative; and ``(5) any other lawful source of income or funds, including savings accounts and investments. ``(r) `Veteran status' means the status of a person as a former member of the Armed Forces.''; (2) in section 804 (42 U.S.C. 3604)-- (A) by inserting ``source of income, veteran status, military status,'' after ``familial status,'' each place that term appears; and (B) in subsection (f), by adding at the end the following: ``(10) Nothing in this title shall be construed to prohibit any entity from providing or otherwise making available any services or other assistance to individuals receiving Federal, State or local housing assistance.''; (3) in section 805 (42 U.S.C. 3605)-- (A) in subsection (a), by inserting ``source of income, veteran status, military status,'' after ``familial status,''; and (B) in subsection (c), by inserting ``source of income, veteran status, military status,'' after ``handicap,''; (4) in section 806 (42 U.S.C. 3606), by inserting ``source of income, veteran status, military status,'' after ``familial status,''; (5) in section 808(e)(6) (42 U.S.C. 3608(e)(6)), by inserting ``source of income, veteran status, military status,'' after ``handicap,''; and (6) in section 810(f) (42 U.S.C. 3610(f)), by striking paragraph (4) and inserting the following: ``(4) During the period beginning on the date of enactment of the Fair Housing Improvement Act of 2022 and ending on the date that is 40 months after such date of enactment, each agency certified for purposes of this title on the day before such date of enactment shall, for purposes of this subsection, be considered certified under this subsection with respect to those matters for which the agency was certified on that date. If the Secretary determines in an individual case that an agency has not been able to meet the certification requirements within this 40-month period due to exceptional circumstances, such as the infrequency of legislative sessions in that jurisdiction, the Secretary may extend such period by not more than 6 months.''. (b) Prevention of Intimidation in Fair Housing Cases.--Section 901 of the Civil Rights Act of 1968 (42 U.S.C. 3631) is amended by inserting ``source of income (as defined in section 802), veteran status (as defined in section 802), military status (as defined in section 802),'' before ``or national origin'' each place that term appears. <all>

Fair Housing Improvement Act of 2022

A bill to amend the Fair Housing Act to prohibit discrimination based on source of income, veteran status, or military status.

Fair Housing Improvement Act of 2022

Sen. Kaine, Tim

D

VA

S.J.Res.44

International Affairs

This joint resolution disapproves of the proposed sale of specified defense articles and services to Bahrain.

117th CONGRESS 2d Session S. J. RES. 44 Relating to the disapproval of the proposed sale to the Government of Bahrain of certain defense articles and services. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 30, 2022 Mr. Paul introduced the following joint resolution; which was read twice and referred to the Committee on Foreign Relations _______________________________________________________________________ JOINT RESOLUTION Relating to the disapproval of the proposed sale to the Government of Bahrain of certain defense articles and services. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following proposed foreign military sale to the Government of Bahrain is prohibited: (1) The sale of the following defense articles and services, described in the certification Transmittal No. 22-04, submitted to Congress and published in the Congressional Record on March 24, 2022: upgrades to nine (9) M270 Multiple Launch Rocket Systems (MLRS) to a M270 A1 minimum configuration, including-- (A) the Common Fire Control System (CFCS); Improved Launcher Mechanical System (ILMS); 600h Engine and associated engine compartment modifications; Improved Electronics Distribution Box (IEDB); fan speed control valve; cables and mounting hardware, Power Take Off (PTO) and BOO series transmission; the Digital Communication Systems (DCOMMS); and Vehicular Intercom System (AN/VIC-3); and (B) two (2) years spare parts; Operator and Maintenance Training Course Contractor Logistics Support; U.S. Government engineering support; support and test equipment; integration and test support, software delivery and support; publications and technical documentation; technical and logistics support services; storage; and other related elements of logistical and program support. <all>

A joint resolution relating to the disapproval of the proposed sale to the Government of Bahrain of certain defense articles and services.

A joint resolution relating to the disapproval of the proposed sale to the Government of Bahrain of certain defense articles and services.

Official Titles - Senate Official Title as Introduced A joint resolution relating to the disapproval of the proposed sale to the Government of Bahrain of certain defense articles and services.

Sen. Paul, Rand

R

KY

S.1176

Health

Onshoring Essential Antibiotics Act This bill requires the Department of Health and Human Services (HHS) to provide grants to up to three manufacturers of essential generic antibiotic drugs (or of the active pharmaceutical ingredient or key starting material for such a drug). Under the bill, an essential generic antibiotic drug is one that HHS deems to be medically necessary to have available at all times in adequate amounts. These grants may be used to (1) construct, expand, or upgrade a manufacturing facility in the United States; and (2) manufacture essential generic antibiotic drugs. HHS shall commission a report with (1) recommendations about which drugs should be prioritized in the grant program, and (2) an analysis of the expected effect of domestic drug manufacturing on drug costs to consumers. HHS may stockpile essential generic antibiotic drugs manufactured in the United States. The bill provides in funding for the grant program and for HHS to stockpile generic antibiotic drugs.

To establish a grant program to support the manufacture and stockpiling of essential generic antibiotic drugs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Onshoring Essential Antibiotics Act''. SEC. 2. ESSENTIAL GENERIC ANTIBIOTIC PROGRAM. (a) Grant Program.-- (1) Establishment.--Not later than 60 days after the date of enactment of this Act, the Secretary shall establish a program to provide grants to manufacturers of essential generic antibiotic drugs, or the active pharmaceutical ingredient or key starting material of an essential generic antibiotic drug, to support activities described in paragraph (3). (2) Eligible entities.--The Secretary shall award grants under this subsection to not more than 3 manufacturers of an essential generic antibiotic drug. Each such recipient shall be a manufacturer that-- (A) has implemented and maintains an effective quality management system, under parts 210 and 211 of title 21, Code of Federal Regulations (or any successor regulations); (B) has a strong record of compliance with the requirements of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); (C) uses complex pharmaceutical manufacturing to produce a finished drug product or active pharmaceutical ingredient pursuant to an application approved under section subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355); (D) commits to using advanced manufacturing in its manufacturing operations; and (E) has existing manufacturing facilities and operations in the United States. (3) Use of funds.--A recipient of a grant under this subsection may use such grant funds to-- (A) with respect to manufacturing an essential generic antibiotic drug-- (i) expand, upgrade, or recommission an existing manufacturing facility located in the United States; or (ii) construct a new manufacturing facility in the United States; and (B) manufacture essential generic antibiotic drugs. (b) Use of Funds To Purchase Essential Generic Antibiotic Drugs for Stockpiling.--The Secretary may use amounts appropriated under this section to purchase, store, stockpile, or disposition essential generic antibiotic drugs manufactured in the United States. (c) Definitions.--For purposes of this section: (1) Active pharmaceutical ingredient.--The term ``active pharmaceutical ingredient'' has the meaning given such term in section 744A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-41). (2) Essential generic antibiotic drug.--The term ``essential generic antibiotic drug'' means an antibacterial or antifungal drug approved by the Food and Drug Administration under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) that the Secretary determines to be medically necessary to have available at all times in an amount adequate to serve patient needs, including beta-lactams (including penicillin and cephalosporin derivatives) and non- beta lactams (including tetracycline and aminoglycoside derivatives). (3) Key starting material.--The term ``key starting material'' means any component of a drug that the Secretary determines to be critical to the safety and effectiveness of the drug. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (5) United states.--The term ``United States'' means the 50 States, the District of Columbia, territories, and Tribal lands. (d) Funding.--For purposes of carrying out this section, there is appropriated, out of amounts in the Treasury not otherwise appropriated, $500,000,000 for fiscal year 2021, to remain available through September 30, 2023. SEC. 3. STUDY AND REPORT. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall enter into a contract with an entity under which such entity carries out a study on the manufacture of essential generic antibiotic drugs and issues a report that includes-- (1) recommendations about which antibiotics the Secretary should prioritize for purposes of the program under section 2, based on factors that include necessity of use, vulnerability to foreign supply chain disruptions, and availability of alternatives; and (2) the expected effect of increased domestic manufacturing of drugs on drug costs to consumers. (b) Authorization.--To carry out this section, there is authorized to be appropriated $2,000,000 for fiscal year 2021, to remain available until September 30, 2022. <all>

Onshoring Essential Antibiotics Act

A bill to establish a grant program to support the manufacture and stockpiling of essential generic antibiotic drugs.

Onshoring Essential Antibiotics Act

Sen. Smith, Tina

D

MN

S.2605

Economics and Public Finance

Energy and Water Development and Related Agencies Appropriations Act, 2022 This bill provides FY2022 appropriations for U.S. Army Corps of Engineers civil works projects, the Department of the Interior's Bureau of Reclamation, the Department of Energy (DOE), and independent agencies such as the Nuclear Regulatory Commission. The bill provides appropriations for U.S. Army Corps of Engineers civil works projects, including for The bill provides appropriations to the Department of the Interior for the Central Utah Project and the Bureau of Reclamation. The bill provides appropriations to DOE for energy programs, including The bill also provides appropriations to DOE for The bill provides appropriations to several independent agencies, including the Federal Energy Regulatory Commission and the Nuclear Regulatory Commission. The bill also sets forth requirements and restrictions for using funds provided by this and other appropriations acts.

Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2022, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for energy and water development and related agencies for the fiscal year ending September 30, 2022, and for other purposes, namely: TITLE I CORPS OF ENGINEERS--CIVIL DEPARTMENT OF THE ARMY Corps of Engineers--Civil The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief of Engineers for authorized civil functions of the Department of the Army pertaining to river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related efforts. investigations For expenses necessary where authorized by law for the collection and study of basic information pertaining to river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related needs; for surveys and detailed studies, and plans and specifications of proposed river and harbor, flood and storm damage reduction, shore protection, and aquatic ecosystem restoration projects, and related efforts prior to construction; for restudy of authorized projects; and for miscellaneous investigations, and, when authorized by law, surveys and detailed studies, and plans and specifications of projects prior to construction, $153,000,000, to remain available until expended: Provided, That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress. construction For expenses necessary for the construction of river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law; for conducting detailed studies, and plans and specifications, of such projects (including those involving participation by States, local governments, or private groups) authorized or made eligible for selection by law (but such detailed studies, and plans and specifications, shall not constitute a commitment of the Government to construction); $3,002,003,000, to remain available until expended; of which $100,202,000, to be derived from the Harbor Maintenance Trust Fund, shall be to cover the Federal share of construction costs for facilities under the Dredged Material Disposal Facilities program; and of which such sums as are necessary to cover 35 percent of the costs of construction, replacement, rehabilitation, and expansion of inland waterways projects, except for McClellan-Kerr Arkansas River Navigation System, Three Rivers, Arkansas, which shall be 28 percent during the fiscal year covered by this Act, shall be derived from the Inland Waterways Trust Fund, except as otherwise specifically provided for in law. mississippi river and tributaries For expenses necessary for flood damage reduction projects and related efforts in the Mississippi River alluvial valley below Cape Girardeau, Missouri, as authorized by law, $380,000,000 to remain available until expended, of which $5,312,000, to be derived from the Harbor Maintenance Trust Fund, shall be to cover the Federal share of eligible operation and maintenance costs for inland harbors: Provided, That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress. operation and maintenance For expenses necessary for the operation, maintenance, and care of existing river and harbor, flood and storm damage reduction, aquatic ecosystem restoration, and related projects authorized by law; providing security for infrastructure owned or operated by the Corps, including administrative buildings and laboratories; maintaining harbor channels provided by a State, municipality, or other public agency that serve essential navigation needs of general commerce, where authorized by law; surveying and charting northern and northwestern lakes and connecting waters; clearing and straightening channels; and removing obstructions to navigation, $4,682,797,000 to remain available until expended, of which $1,943,486,000, to be derived from the Harbor Maintenance Trust Fund, shall be to cover the Federal share of eligible operations and maintenance costs for coastal harbors and channels, and for inland harbors; of which such sums as become available from the special account for the Corps of Engineers established by the Land and Water Conservation Fund Act of 1965 shall be derived from that account for resource protection, research, interpretation, and maintenance activities related to resource protection in the areas at which outdoor recreation is available; of which such sums as become available from fees collected under section 217 of Public Law 104-303 shall be used to cover the cost of operation and maintenance of the dredged material disposal facilities for which such fees have been collected; and of which $50,000,000, to be derived from the general fund of the Treasury, shall be to carry out subsection (c) of section 2106 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2238c) and shall be designated as being for such purpose pursuant to paragraph (2)(B) of section 14003 of division B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136): Provided, That 1 percent of the total amount of funds provided for each of the programs, projects, or activities funded under this heading shall not be allocated to a field operating activity prior to the beginning of the fourth quarter of the fiscal year and shall be available for use by the Chief of Engineers to fund such emergency activities as the Chief of Engineers determines to be necessary and appropriate, and that the Chief of Engineers shall allocate during the fourth quarter any remaining funds which have not been used for emergency activities proportionally in accordance with the amounts provided for the programs, projects, or activities. regulatory program For expenses necessary for administration of laws pertaining to regulation of navigable waters and wetlands, $212,000,000, to remain available until September 30, 2023. formerly utilized sites remedial action program For expenses necessary to clean up contamination from sites in the United States resulting from work performed as part of the Nation's early atomic energy program, $260,000,000, to remain available until expended. flood control and coastal emergencies For expenses necessary to prepare for flood, hurricane, and other natural disasters and support emergency operations, repairs, and other activities in response to such disasters as authorized by law, $35,000,000, to remain available until expended. expenses For expenses necessary for the supervision and general administration of the civil works program in the headquarters of the Corps of Engineers and the offices of the Division Engineers; and for costs of management and operation of the Humphreys Engineer Center Support Activity, the Institute for Water Resources, the United States Army Engineer Research and Development Center, and the United States Army Corps of Engineers Finance Center allocable to the civil works program, $216,000,000, to remain available until September 30, 2023, of which not to exceed $5,000 may be used for official reception and representation purposes and only during the current fiscal year: Provided, That no part of any other appropriation provided in this title shall be available to fund the civil works activities of the Office of the Chief of Engineers or the civil works executive direction and management activities of the division offices: Provided further, That any Flood Control and Coastal Emergencies appropriation may be used to fund the supervision and general administration of emergency operations, repairs, and other activities in response to any flood, hurricane, or other natural disaster. office of the assistant secretary of the army for civil works For the Office of the Assistant Secretary of the Army for Civil Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain available until September 30, 2023: Provided, That not more than 75 percent of such amount may be obligated or expended until the Assistant Secretary submits to the Committees on Appropriations of both Houses of Congress the report required under section 101(d) of this Act and a work plan that allocates at least 95 percent of the additional funding provided under each heading in this title, as designated under such heading in the report accompanying this Act, to specific programs, projects, or activities. water infrastructure finance and innovation program account For the cost of direct loans and for the cost of guaranteed loans, as authorized by the Water Infrastructure Finance and Innovation Act of 2014, $5,700,000, to remain available until expended, for safety projects to maintain, upgrade, and repair dams identified in the National Inventory of Dams with a primary owner type of state, local government, public utility, or private: Provided, That no project may be funded with amounts provided under this heading for a dam that is identified as jointly owned in the National Inventory of Dams and where one of those joint owners is the Federal Government: 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: Provided further, That these funds are available to subsidize gross obligations for the principal amount of direct loans, including capitalized interest, and total loan principal, including capitalized interest, any part of which is to be guaranteed, not to exceed $570,000,000: Provided further, That within 30 days of enactment of this Act, the Secretary, in consultation with the Office of Management and Budget, shall transmit a report to the Committees on Appropriations of the House of Representatives and the Senate that provides: (1) an analysis of how subsidy rates will be determined for loans financed by appropriations provided under this heading in this Act; (2) a comparison of the factors that will be considered in estimating subsidy rates for loans financed under this heading in this Act with factors that will be considered in estimates of subsidy rates for other projects authorized by the Water Infrastructure Finance and Innovation Act of 2014, including an analysis of how both sets of rates will be determined; and (3) an analysis of the process for developing draft regulations for the Water Infrastructure Finance and Innovation program, including a crosswalk from the statutory requirements for such program, and a timetable for publishing such regulations: Provided further, That the use of direct loans or loan guarantee authority under this heading for direct loans or commitments to guarantee loans for any project shall be in accordance with the criteria published in the Federal Register on June 30, 2020 (85 FR 39189) pursuant to the fourth proviso under the heading ``Water Infrastructure Finance and Innovation Program Account'' in division D of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94): Provided further, That none of the direct loans or loan guarantee authority made available under this heading shall be available for any project unless the Secretary and the Director of the Office of Management and Budget have certified in advance in writing that the direct loan or loan guarantee, as applicable, and the project comply with the criteria referenced in the previous proviso: Provided further, That any references to the Environmental Protection Agency (EPA) or the Administrator in the criteria referenced in the previous two provisos shall be deemed to be references to the Army Corps of Engineers or the Secretary of the Army, respectively, for purposes of the direct loans or loan guarantee authority made available under this heading: Provided further, That for the purposes of carrying out the Congressional Budget Act of 1974, the Director of the Congressional Budget Office may request, and the Secretary shall promptly provide, documentation and information relating to a project identified in a Letter of Interest submitted to the Secretary pursuant to a Notice of Funding Availability for applications for credit assistance under the Water Infrastructure Finance and Innovation Act Program, including with respect to a project that was initiated or completed before the date of enactment of this Act. In addition, fees authorized to be collected pursuant to sections 5029 and 5030 of the Water Infrastructure Finance and Innovation Act of 2014 shall be deposited in this account, to remain available until expended. In addition, for administrative expenses to carry out the direct and guaranteed loan programs, notwithstanding section 5033 of the Water Infrastructure Finance and Innovation Act of 2014, $8,500,000, to remain available until September 30, 2023. GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL (including transfer of funds) Sec. 101. (a) None of the funds provided in title I of this Act, or provided by previous appropriations Acts to the agencies or entities funded in title I of this Act that remain available for obligation or expenditure in fiscal year 2022, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates or initiates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by this Act, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (4) proposes to use funds directed for a specific activity for a different purpose, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (5) augments or reduces existing programs, projects, or activities in excess of the amounts contained in paragraphs (6) through (10), unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (6) Investigations.--For a base level over $100,000, reprogramming of 25 percent of the base amount up to a limit of $150,000 per project, study or activity is allowed: Provided, That for a base level less than $100,000, the reprogramming limit is $25,000: Provided further, That up to $25,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation for existing obligations and concomitant administrative expenses; (7) Construction.--For a base level over $2,000,000, reprogramming of 15 percent of the base amount up to a limit of $3,000,000 per project, study or activity is allowed: Provided, That for a base level less than $2,000,000, the reprogramming limit is $300,000: Provided further, That up to $3,000,000 may be reprogrammed for settled contractor claims, changed conditions, or real estate deficiency judgments: Provided further, That up to $300,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation for existing obligations and concomitant administrative expenses; (8) Operation and maintenance.--Unlimited reprogramming authority is granted for the Corps to be able to respond to emergencies: Provided, That the Chief of Engineers shall notify the Committees on Appropriations of both Houses of Congress of these emergency actions as soon thereafter as practicable: Provided further, That for a base level over $1,000,000, reprogramming of 15 percent of the base amount up to a limit of $5,000,000 per project, study, or activity is allowed: Provided further, That for a base level less than $1,000,000, the reprogramming limit is $150,000: Provided further, That $150,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation; (9) Mississippi river and tributaries.--The reprogramming guidelines in paragraphs (6), (7), and (8) shall apply to the Investigations, Construction, and Operation and Maintenance portions of the Mississippi River and Tributaries Account, respectively; and (10) Formerly utilized sites remedial action program.-- Reprogramming of up to 15 percent of the base of the receiving project is permitted. (b) De Minimus Reprogrammings.--In no case should a reprogramming for less than $50,000 be submitted to the Committees on Appropriations of both Houses of Congress. (c) Continuing Authorities Program.--Subsection (a)(1) shall not apply to any project or activity funded under the continuing authorities program. (d) Not later than 60 days after the date of enactment of this Act, the Secretary shall submit a report to the Committees on Appropriations of both Houses of Congress to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year which shall include: (1) A table for each appropriation with a separate column to display the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if applicable, and the fiscal year enacted level; and (2) A delineation in the table for each appropriation both by object class and program, project and activity as detailed in the budget appendix for the respective appropriations; and (3) An identification of items of special congressional interest. Sec. 102. The Secretary shall allocate funds made available in this Act solely in accordance with the provisions of this Act and the report accompanying this Act. Sec. 103. None of the funds made available in this title may be used to award or modify any contract that commits funds beyond the amounts appropriated for that program, project, or activity that remain unobligated, except that such amounts may include any funds that have been made available through reprogramming pursuant to section 101. Sec. 104. The Secretary of the Army may transfer to the Fish and Wildlife Service, and the Fish and Wildlife Service may accept and expend, up to $5,400,000 of funds provided in this title under the heading ``Operation and Maintenance'' to mitigate for fisheries lost due to Corps of Engineers projects. Sec. 105. None of the funds in this Act shall be used for an open lake placement alternative for dredged material, after evaluating the least costly, environmentally acceptable manner for the disposal or management of dredged material originating from Lake Erie or tributaries thereto, unless it is approved under a State water quality certification pursuant to section 401 of the Federal Water Pollution Control Act (33 U.S.C. 1341): Provided, That until an open lake placement alternative for dredged material is approved under a State water quality certification, the Corps of Engineers shall continue upland placement of such dredged material consistent with the requirements of section 101 of the Water Resources Development Act of 1986 (33 U.S.C. 2211). Sec. 106. Additional funding provided in this Act shall be allocated only to projects determined to be eligible by the Chief of Engineers. TITLE II DEPARTMENT OF THE INTERIOR Central Utah Project central utah project completion account For carrying out activities authorized by the Central Utah Project Completion Act, $21,000,000, to remain available until expended, of which $5,000,000 shall be deposited into the Utah Reclamation Mitigation and Conservation Account for use by the Utah Reclamation Mitigation and Conservation Commission: Provided, That of the amount provided under this heading, $1,550,000 shall be available until September 30, 2023, for expenses necessary in carrying out related responsibilities of the Secretary of the Interior: Provided further, That for fiscal year 2022, of the amount made available to the Commission under this Act or any other Act, the Commission may use an amount not to exceed $1,850,000 for administrative expenses. Bureau of Reclamation The following appropriations shall be expended to execute authorized functions of the Bureau of Reclamation: water and related resources (including transfers of funds) For management, development, and restoration of water and related natural resources and for related activities, including the operation, maintenance, and rehabilitation of reclamation and other facilities, participation in fulfilling related Federal responsibilities to Native Americans, and related grants to, and cooperative and other agreements with, State and local governments, federally recognized Indian Tribes, and others, $1,832,101,000 to remain available until expended, of which $71,217,000 shall be available for transfer to the Upper Colorado River Basin Fund and $19,606,000 shall be available for transfer to the Lower Colorado River Basin Development Fund; of which such amounts as may be necessary may be advanced to the Colorado River Dam Fund: Provided, That $40,000,000 shall be available for transfer into the Blackfeet Water Settlement Implementation Fund established by section 3717 of Public Law 114-322: Provided further, That $1,000,000 shall be available for transfer into the Aging Infrastructure Account established by section 9603(d)(1) of the Omnibus Public Land Management Act of 2009, as amended (43 U.S.C. 510b(d)(1)): Provided further, That such transfers may be increased or decreased within the overall appropriation under this heading: Provided further, That of the total appropriated, the amount for program activities that can be financed by the Reclamation Fund, the Water Storage Enhancement Receipts account established by section 4011(e) of Public Law 114-322, or the Bureau of Reclamation special fee account established by 16 U.S.C. 6806 shall be derived from that Fund or account: Provided further, That funds contributed under 43 U.S.C. 395 are available until expended for the purposes for which the funds were contributed: Provided further, That funds advanced under 43 U.S.C. 397a shall be credited to this account and are available until expended for the same purposes as the sums appropriated under this heading: Provided further, That of the amounts made available under this heading, $10,000,000 shall be deposited in the San Gabriel Basin Restoration Fund established by section 110 of title 1 of appendix D of Public Law 106-554: Provided further, That of the amounts provided herein, funds may be used for high-priority projects which shall be carried out by the Youth Conservation Corps, as authorized by 16 U.S.C. 1706: Provided further, That within available funds, $250,000 shall be for grants and financial assistance for educational activities: Provided further, That in accordance with section 4007 of Public Law 114-322, funding provided for such purpose in fiscal years 2019, 2020, and 2021 shall be made available for the construction, pre-construction, or study of the North-of-the-Delta Off Stream Storage (Sites Reservoir Project), the Los Vaqueros Reservoir Phase 2 Expansion Project, the B.F. Sisk Dam Raise and Reservoir Expansion Project, and the Del Puerto Canyon Reservoir, as recommended by the Secretary in the letter dated July 23, 2021: Provided further, That in accordance with section 4009(c) of Public Law 114-322, and as recommended by the Secretary in a letter dated July 23, 2021, funding provided for such purpose in fiscal year 2021 shall be made available to the El Paso Aquifer Storage and Recovery Using Reclaimed Water Project, the Pure Water Soquel: Groundwater Replenishment and Seawater Intrusion Prevention Project, the North San Diego Water Reuse Coalition Project, the Pure Water Oceanside Project, City of Santa Fe Reuse Pipeline Project, the Replenish Big Bear Project, the Central Coast Blue: Recycled Water Project, the Harvest Water Program, the East County Advanced Water Purification Program: Phase Two, the Ventura Water Pure Program, and the San Juan Watershed Project: Provided further, That in accordance with section 4009(a) of Public Law 114-322, and as recommended by the Secretary in a letter dated July 23, 2021, funding provided for such purpose in fiscal year 2021 shall be made available to the North Pleasant Valley Desalter Facility, the Mission Basin Groundwater Purification Facility Well Expansion and Brine Minimization Project, the Los Robles Desalter Project and the Regional Brackish Water Reclamation Program. central valley project restoration fund For carrying out the programs, projects, plans, habitat restoration, improvement, and acquisition provisions of the Central Valley Project Improvement Act, $56,499,000, to be derived from such sums as may be collected in the Central Valley Project Restoration Fund pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 102-575, to remain available until expended: Provided, That the Bureau of Reclamation is directed to assess and collect the full amount of the additional mitigation and restoration payments authorized by section 3407(d) of Public Law 102-575: Provided further, That none of the funds made available under this heading may be used for the acquisition or leasing of water for in-stream purposes if the water is already committed to in-stream purposes by a court adopted decree or order. california bay-delta restoration (including transfers of funds) For carrying out activities authorized by the Water Supply, Reliability, and Environmental Improvement Act, consistent with plans to be approved by the Secretary of the Interior, $33,000,000, to remain available until expended, of which such amounts as may be necessary to carry out such activities may be transferred to appropriate accounts of other participating Federal agencies to carry out authorized purposes: Provided, That funds appropriated herein may be used for the Federal share of the costs of CALFED Program management: Provided further, That CALFED implementation shall be carried out in a balanced manner with clear performance measures demonstrating concurrent progress in achieving the goals and objectives of the Program. policy and administration For expenses necessary for policy, administration, and related functions in the Office of the Commissioner, the Denver office, and offices in the six regions of the Bureau of Reclamation, to remain available until September 30, 2023, $64,400,000, to be derived from the Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: Provided, That no part of any other appropriation in this Act shall be available for activities or functions budgeted as policy and administration expenses. administrative provision Appropriations for the Bureau of Reclamation shall be available for purchase and replacement of motor vehicles and to provide necessary charging infrastructure. GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR Sec. 201. (a) None of the funds provided in title II of this Act for Water and Related Resources, or provided by previous or subsequent appropriations Acts to the agencies or entities funded in title II of this Act for Water and Related Resources that remain available for obligation or expenditure in fiscal year 2022, shall be available for obligation or expenditure through a reprogramming of funds that-- (1) initiates or creates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) increases funds for any program, project, or activity for which funds have been denied or restricted by this Act, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (4) restarts or resumes any program, project or activity for which funds are not provided in this Act, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (5) transfers funds in excess of the following limits, unless prior approval is received from the Committees on Appropriations of both Houses of Congress: (A) 15 percent for any program, project or activity for which $2,000,000 or more is available at the beginning of the fiscal year; or (B) $400,000 for any program, project or activity for which less than $2,000,000 is available at the beginning of the fiscal year; (6) transfers more than $500,000 from either the Facilities Operation, Maintenance, and Rehabilitation category or the Resources Management and Development category to any program, project, or activity in the other category, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; or (7) transfers, where necessary to discharge legal obligations of the Bureau of Reclamation, more than $5,000,000 to provide adequate funds for settled contractor claims, increased contractor earnings due to accelerated rates of operations, and real estate deficiency judgments, unless prior approval is received from the Committees on Appropriations of both Houses of Congress. (b) Subsection (a)(5) shall not apply to any transfer of funds within the Facilities Operation, Maintenance, and Rehabilitation category. (c) For purposes of this section, the term ``transfer'' means any movement of funds into or out of a program, project, or activity. (d) Except as provided in subsections (a) and (b), the amounts made available in this title under the heading ``Bureau of Reclamation-- Water and Related Resources'' shall be expended for the programs, projects, and activities specified in the ``Senate Recommended'' columns in the ``Water and Related Resources'' table included under the heading ``Title II--Department of the Interior'' in the report accompanying this Act. (e) The Bureau of Reclamation shall submit reports on a quarterly basis to the Committees on Appropriations of both Houses of Congress detailing all the funds reprogrammed between programs, projects, activities, or categories of funding. The first quarterly report shall be submitted not later than 60 days after the date of enactment of this Act. Sec. 202. (a) None of the funds appropriated or otherwise made available by this Act may be used to determine the final point of discharge for the interceptor drain for the San Luis Unit until development by the Secretary of the Interior and the State of California of a plan, which shall conform to the water quality standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters. (b) The costs of the Kesterson Reservoir Cleanup Program and the costs of the San Joaquin Valley Drainage Program shall be classified by the Secretary of the Interior as reimbursable or nonreimbursable and collected until fully repaid pursuant to the ``Cleanup Program-- Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment Plan'' described in the report entitled ``Repayment Report, Kesterson Reservoir Cleanup Program and San Joaquin Valley Drainage Program, February 1995'', prepared by the Department of the Interior, Bureau of Reclamation. Any future obligations of funds by the United States relating to, or providing for, drainage service or drainage studies for the San Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries of such service or studies pursuant to Federal reclamation law. Sec. 203. Section 9504(e) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(e)) is amended by striking ``$610,000,000'' and inserting ``$730,000,000''. Sec. 204. Title I of Public Law 108-361 (the CALFED Bay-Delta Authorization Act) (118 Stat. 1681), as amended by section 4007(k) of Public Law 114-322, is amended by striking ``2021'' each place it appears and inserting ``2022''. Sec. 205. Section 9106(g)(2) of Public Law 111-11 (Omnibus Public Land Management Act of 2009) is amended by striking ``2021'' and inserting ``2022''. Sec. 206. (a) Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is amended by striking ``2021'' and inserting ``2022''. (b) Section 301 of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2241) is amended by striking ``2021'' and inserting ``2022''. Sec. 207. Section 1101(d) of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102-575) is amended by striking ``$10,000,000'' and inserting ``$13,000,000''. TITLE III DEPARTMENT OF ENERGY ENERGY PROGRAMS Energy Efficiency and Renewable Energy For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for energy efficiency and renewable energy activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $3,896,971,000 to remain available until expended: Provided, That of such amount, $220,000,000 shall be available until September 30, 2023, for program direction: Provided further, That of the amount appropriated in this paragraph, $77,047,000 shall be used for projects specified in the table that appears under the heading ``Congressionally Directed Spending Energy Efficiency and Renewable Energy Projects'' in the report of the Committee on Appropriations of the United States Senate to accompany this Act. Cybersecurity, Energy Security, and Emergency Response For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for energy sector cybersecurity, energy security, and emergency response activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $177,000,000, to remain available until expended: Provided, That of such amount, $14,000,000 shall be available until September 30, 2023, for program direction: Provided further, That of the amount appropriated in this paragraph, $5,000,000 shall be used for projects specified in the table that appears under the heading ``Congressionally Directed Spending Cybersecurity, Energy Security, and Emergency Response Projects'' in the report of the Committee on Appropriations of the United States Senate to accompany this Act. Electricity For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for electricity activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $303,000,000, to remain available until expended: Provided, That of such amount, $20,000,000 shall be available until September 30, 2023, for program direction: Provided further, That of the amount appropriated in this paragraph, $2,850,000 shall be used for projects specified in the table that appears under the heading ``Congressionally Directed Spending Electricity Projects'' in the report of the Committee on Appropriations of the United States Senate to accompany this Act. Nuclear Energy For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for nuclear energy activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $1,590,800,000, to remain available until expended: Provided, That of such amount, $85,000,000 shall be available until September 30, 2023, for program direction: Provided further, That section 954(a)(6) of the Energy Policy Act of 2005, as amended, shall not apply to amounts appropriated under this heading. Fossil Energy and Carbon Management For Department of Energy expenses necessary in carrying out fossil energy and carbon management research and development activities, under the authority of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition of interest, including defeasible and equitable interests in any real property or any facility or for plant or facility acquisition or expansion, and for conducting inquiries, technological investigations and research concerning the extraction, processing, use, and disposal of mineral substances without objectionable social and environmental costs (30 U.S.C. 3, 1602, and 1603), $850,000,000, to remain available until expended: Provided, That of such amount $65,800,000 shall be available until September 30, 2023, for program direction: Provided further, That of the amount appropriated in this paragraph, $20,199,000 shall be used for projects specified in the table that appears under the heading ``Congressionally Directed Spending Fossil Energy and Carbon Management Projects'' in the report of the Committee on Appropriations of the United States Senate to accompany this Act. Naval Petroleum and Oil Shale Reserves For Department of Energy expenses necessary to carry out naval petroleum and oil shale reserve activities, $13,650,000, to remain available until expended: Provided, That notwithstanding any other provision of law, unobligated funds remaining from prior years shall be available for all naval petroleum and oil shale reserve activities. Strategic Petroleum Reserve For Department of Energy expenses necessary for Strategic Petroleum Reserve facility development and operations and program management activities pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.), $197,000,000, to remain available until expended: Provided, That notwithstanding sections 161 and 167 of the Energy Policy and Conservation Act (42 U.S.C. 6241, 6247), the Secretary of Energy shall draw down and sell one million barrels of refined petroleum product from the Strategic Petroleum Reserve during fiscal year 2022: Provided further, That all proceeds from such sale shall be deposited into the general fund of the Treasury during fiscal year 2022: Provided further, That upon the completion of such sale, the Secretary shall carry out the closure of the Northeast Gasoline Supply Reserve. SPR Petroleum Account For the acquisition, transportation, and injection of petroleum products, and for other necessary expenses pursuant to the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C. 6201 et seq.), sections 403 and 404 of the Bipartisan Budget Act of 2015 (42 U.S.C. 6241, 6239 note), and section 5010 of the 21st Century Cures Act (Public Law 114-255), $7,350,000, to remain available until expended. Northeast Home Heating Oil Reserve For Department of Energy expenses necessary for Northeast Home Heating Oil Reserve storage, operation, and management activities pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.), $6,500,000, to remain available until expended. Energy Information Administration For Department of Energy expenses necessary in carrying out the activities of the Energy Information Administration, $129,087,000, to remain available until expended. Non-Defense Environmental Cleanup For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for non-defense environmental cleanup activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $338,863,000, to remain available until expended: Provided, That, in addition, fees collected pursuant to subsection (b)(1) of section 6939f of title 42, United States Code, and deposited under this heading in fiscal year 2022 pursuant to section 309 of title III of division C of Public Law 116-94 are appropriated, to remain available until expended, for mercury storage costs. Uranium Enrichment Decontamination and Decommissioning Fund For Department of Energy expenses necessary in carrying out uranium enrichment facility decontamination and decommissioning, remedial actions, and other activities of title II of the Atomic Energy Act of 1954, and title X, subtitle A, of the Energy Policy Act of 1992, $860,000,000, to be derived from the Uranium Enrichment Decontamination and Decommissioning Fund, to remain available until expended, of which $16,155,000 shall be available in accordance with title X, subtitle A, of the Energy Policy Act of 1992. Science For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for science activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, and purchase of not more than 35 passenger motor vehicles for replacement only, $7,490,000,000, to remain available until expended: Provided, That of such amount, $202,000,000 shall be available until September 30, 2023, for program direction. Nuclear Waste Disposal For Department of Energy expenses necessary for nuclear waste disposal activities to carry out the purposes of the Nuclear Waste Policy Act of 1982, Public Law 97-425, as amended, including interim storage activities, $27,500,000, to remain available until expended, of which $7,500,000 shall be derived from the Nuclear Waste Fund. Technology Transitions For Department of Energy expenses necessary for carrying out the activities of technology transitions, $19,470,000, to remain available until expended: Provided, That of such amount, $8,375,000 shall be available until September 30, 2023, for program direction. Clean Energy Demonstrations For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for clean energy demonstrations in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $100,000,000, to remain available until expended: Provided, That of such amount, $8,400,000 shall be available until September 30, 2023, for program direction. Advanced Research Projects Agency--Energy For Department of Energy expenses necessary in carrying out the activities authorized by section 5012 of the America COMPETES Act (Public Law 110-69), $500,000,000, to remain available until expended: Provided, That of such amount, $37,000,000 shall be available until September 30, 2023, for program direction. Title 17 Innovative Technology Loan Guarantee Program Such sums as are derived from amounts received from borrowers pursuant to section 1702(b) of the Energy Policy Act of 2005 under this heading in prior Acts, shall be collected in accordance with section 502(7) of the Congressional Budget Act of 1974: Provided, That for necessary administrative expenses of the Title 17 Innovative Technology Loan Guarantee Program, as authorized, $32,000,000 is appropriated, to remain available until September 30, 2023: Provided further, That up to $32,000,000 of fees collected in fiscal year 2022 pursuant to section 1702(h) of the Energy Policy Act of 2005 shall be credited as offsetting collections under this heading and used for necessary administrative expenses in this appropriation and shall remain available until September 30, 2023: Provided further, That to the extent that fees collected in fiscal year 2022 exceed $32,000,000, those excess amounts shall be credited as offsetting collections under this heading and available in future fiscal years only to the extent provided in advance in appropriations Acts: Provided further, That the sum herein appropriated from the general fund shall be reduced (1) as such fees are received during fiscal year 2022 (estimated at $3,000,000) and (2) to the extent that any remaining general fund appropriations can be derived from fees collected in previous fiscal years that are not otherwise appropriated, so as to result in a final fiscal year 2022 appropriation from the general fund estimated at $0: Provided further, That the Department of Energy shall not subordinate any loan obligation to other financing in violation of section 1702 of the Energy Policy Act of 2005 or subordinate any Guaranteed Obligation to any loan or other debt obligations in violation of section 609.10 of title 10, Code of Federal Regulations. Advanced Technology Vehicles Manufacturing Loan Program For Department of Energy administrative expenses necessary in carrying out the Advanced Technology Vehicles Manufacturing Loan Program, $5,000,000, to remain available until September 30, 2023. Tribal Energy Loan Guarantee Program For Department of Energy administrative expenses necessary in carrying out the Tribal Energy Loan Guarantee Program, $2,000,000, to remain available until September 30, 2023: Provided, That in this fiscal year and subsequent fiscal years, under section 3502(c) of title 25, United States Code, the Secretary of Energy may provide direct loans, as defined in section 661a of title 2, United States Code: Provided further, That any funds previously appropriated for the cost of loan guarantees under section 3502(c) of title 25, United States Code, may also be used for the cost of direct loans provided under such section of such title. Office of Indian Energy Policy and Programs For necessary expenses for Indian Energy activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), $122,000,000, to remain available until expended: Provided, That of the amount appropriated under this heading, $5,523,000 shall be available until September 30, 2023, for program direction. Departmental Administration For salaries and expenses of the Department of Energy necessary for departmental administration in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), $343,578,000, to remain available until September 30, 2023, including the hire of passenger motor vehicles and official reception and representation expenses not to exceed $30,000, plus such additional amounts as necessary to cover increases in the estimated amount of cost of work for others notwithstanding the provisions of the Anti- Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work are offset by revenue increases of the same or greater amount: Provided further, That moneys received by the Department for miscellaneous revenues estimated to total $100,578,000 in fiscal year 2022 may be retained and used for operating expenses within this account, as authorized by section 201 of Public Law 95-238, notwithstanding the provisions of 31 U.S.C. 3302: Provided further, That the sum herein appropriated shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2022 appropriation from the general fund estimated at not more than $243,000,000. Office of the Inspector General For expenses necessary for the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, $78,000,000, to remain available until September 30, 2023. ATOMIC ENERGY DEFENSE ACTIVITIES NATIONAL NUCLEAR SECURITY ADMINISTRATION Weapons Activities For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for atomic energy defense weapons activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, and the purchase of not to exceed one ambulance, for replacement only, $15,484,295,000, to remain available until expended: Provided, That of such amount, $117,060,000 shall be available until September 30, 2023, for program direction. Defense Nuclear Nonproliferation For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for defense nuclear nonproliferation activities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $2,264,000,000, to remain available until expended. Naval Reactors (including transfer of funds) For Department of Energy expenses necessary for naval reactors activities to carry out the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition (by purchase, condemnation, construction, or otherwise) of real property, plant, and capital equipment, facilities, and facility expansion, $1,840,505,000, to remain available until expended, of which, $89,108,000 shall be transferred to ``Department of Energy--Energy Programs--Nuclear Energy'', for the Advanced Test Reactor: Provided, That of such amount, $55,579,000 shall be available until September 30, 2023, for program direction. Federal Salaries and Expenses For expenses necessary for Federal Salaries and Expenses in the National Nuclear Security Administration, $453,000,000, to remain available until September 30, 2023, including official reception and representation expenses not to exceed $17,000. ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES Defense Environmental Cleanup For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for atomic energy defense environmental cleanup activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, and the purchase of not to exceed 1 passenger minivan for replacement only, $6,510,000,000, to remain available until expended: Provided, That of such amount, $297,000,000 shall be available until September 30, 2023, for program direction. Defense Uranium Enrichment Decontamination and Decommissioning (including transfer of funds) For an additional amount for atomic energy defense environmental cleanup activities for Department of Energy contributions for uranium enrichment decontamination and decommissioning activities, $860,000,000, to be deposited into the Defense Environmental Cleanup account, which shall be transferred to the ``Uranium Enrichment Decontamination and Decommissioning Fund''. Other Defense Activities For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses, necessary for atomic energy defense, other defense activities, and classified activities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $930,400,000, to remain available until expended: Provided, That of such amount, $317,636,000 shall be available until September 30, 2023, for program direction. POWER MARKETING ADMINISTRATIONS Bonneville Power Administration Fund Expenditures from the Bonneville Power Administration Fund, established pursuant to Public Law 93-454, are approved for the Umatilla Hatchery Facility Project and, in addition, for official reception and representation expenses in an amount not to exceed $5,000: Provided, That during fiscal year 2022, no new direct loan obligations may be made. Operation and Maintenance, Southeastern Power Administration For expenses necessary for operation and maintenance of power transmission facilities and for marketing electric power and energy, including transmission wheeling and ancillary services, pursuant to section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southeastern power area, $7,184,000, including official reception and representation expenses in an amount not to exceed $1,500, to remain available until expended: Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of 1944, up to $7,184,000 collected by the Southeastern Power Administration from the sale of power and related services shall be credited to this account as discretionary offsetting collections, to remain available until expended for the sole purpose of funding the annual expenses of the Southeastern Power Administration: Provided further, That the sum herein appropriated for annual expenses shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2022 appropriation estimated at not more than $0: Provided further, That notwithstanding 31 U.S.C. 3302, up to $74,986,000 collected by the Southeastern Power Administration pursuant to the Flood Control Act of 1944 to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power and wheeling expenditures: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase power and wheeling expenses). Operation and Maintenance, Southwestern Power Administration For expenses necessary for operation and maintenance of power transmission facilities and for marketing electric power and energy, for construction and acquisition of transmission lines, substations and appurtenant facilities, and for administrative expenses, including official reception and representation expenses in an amount not to exceed $1,500 in carrying out section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the Southwestern Power Administration, $48,324,000, to remain available until expended: Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), up to $37,924,000 collected by the Southwestern Power Administration from the sale of power and related services shall be credited to this account as discretionary offsetting collections, to remain available until expended, for the sole purpose of funding the annual expenses of the Southwestern Power Administration: Provided further, That the sum herein appropriated for annual expenses shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2022 appropriation estimated at not more than $10,400,000: Provided further, That notwithstanding 31 U.S.C. 3302, up to $70,000,000 collected by the Southwestern Power Administration pursuant to the Flood Control Act of 1944 to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power and wheeling expenditures: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase power and wheeling expenses). Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration For carrying out the functions authorized by title III, section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other related activities including conservation and renewable resources programs as authorized, $285,237,0000, including official reception and representation expenses in an amount not to exceed $1,500, to remain available until expended, of which $285,237,000 shall be derived from the Department of the Interior Reclamation Fund: Provided, That notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), and section 1 of the Interior Department Appropriation Act, 1939 (43 U.S.C. 392a), up to $194,465,000 collected by the Western Area Power Administration from the sale of power and related services shall be credited to this account as discretionary offsetting collections, to remain available until expended, for the sole purpose of funding the annual expenses of the Western Area Power Administration: Provided further, That the sum herein appropriated for annual expenses shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2022 appropriation estimated at not more than $90,772,000, of which $90,772,000 is derived from the Reclamation Fund: Provided further, That notwithstanding 31 U.S.C. 3302, up to $316,000,000 collected by the Western Area Power Administration pursuant to the Flood Control Act of 1944 and the Reclamation Project Act of 1939 to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power and wheeling expenditures: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase power and wheeling expenses). Falcon and Amistad Operating and Maintenance Fund For operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams, $5,808,000, to remain available until expended, and to be derived from the Falcon and Amistad Operating and Maintenance Fund of the Western Area Power Administration, as provided in section 2 of the Act of June 18, 1954 (68 Stat. 255): Provided, That notwithstanding the provisions of that Act and of 31 U.S.C. 3302, up to $5,580,000 collected by the Western Area Power Administration from the sale of power and related services from the Falcon and Amistad Dams shall be credited to this account as discretionary offsetting collections, to remain available until expended for the sole purpose of funding the annual expenses of the hydroelectric facilities of these Dams and associated Western Area Power Administration activities: Provided further, That the sum herein appropriated for annual expenses shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2022 appropriation estimated at not more than $228,000: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred: Provided further, That for fiscal year 2022, the Administrator of the Western Area Power Administration may accept up to $1,737,000 in funds contributed by United States power customers of the Falcon and Amistad Dams for deposit into the Falcon and Amistad Operating and Maintenance Fund, and such funds shall be available for the purpose for which contributed in like manner as if said sums had been specifically appropriated for such purpose: Provided further, That any such funds shall be available without further appropriation and without fiscal year limitation for use by the Commissioner of the United States Section of the International Boundary and Water Commission for the sole purpose of operating, maintaining, repairing, rehabilitating, replacing, or upgrading the hydroelectric facilities at these Dams in accordance with agreements reached between the Administrator, Commissioner, and the power customers. Federal Energy Regulatory Commission salaries and expenses For expenses necessary for the Federal Energy Regulatory Commission to carry out the provisions of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C. 3109, official reception and representation expenses not to exceed $3,000, and the hire of passenger motor vehicles, $466,426,000, to remain available until expended: Provided, That notwithstanding any other provision of law, not to exceed $466,426,000 of revenues from fees and annual charges, and other services and collections in fiscal year 2022 shall be retained and used for expenses necessary in this account, and shall remain available until expended: Provided further, That the sum herein appropriated from the general fund shall be reduced as revenues are received during fiscal year 2022 so as to result in a final fiscal year 2022 appropriation from the general fund estimated at not more than $0. GENERAL PROVISIONS--DEPARTMENT OF ENERGY (including transfer of funds) Sec. 301. (a) No appropriation, funds, or authority made available by this title for the Department of Energy shall be used to initiate or resume any program, project, or activity or to prepare or initiate Requests For Proposals or similar arrangements (including Requests for Quotations, Requests for Information, and Funding Opportunity Announcements) for a program, project, or activity if the program, project, or activity has not been funded by Congress. (b)(1) Unless the Secretary of Energy notifies the Committees on Appropriations of both Houses of Congress at least 3 full business days in advance, none of the funds made available in this title may be used to-- (A) make a grant allocation or discretionary grant award totaling $1,000,000 or more; (B) make a discretionary contract award or Other Transaction Agreement totaling $1,000,000 or more, including a contract covered by the Federal Acquisition Regulation; (C) issue a letter of intent to make an allocation, award, or Agreement in excess of the limits in subparagraph (A) or (B); or (D) announce publicly the intention to make an allocation, award, or Agreement in excess of the limits in subparagraph (A) or (B). (2) The Secretary of Energy shall submit to the Committees on Appropriations of both Houses of Congress within 15 days of the conclusion of each quarter a report detailing each grant allocation or discretionary grant award totaling less than $1,000,000 provided during the previous quarter. (3) The notification required by paragraph (1) and the report required by paragraph (2) shall include the recipient of the award, the amount of the award, the fiscal year for which the funds for the award were appropriated, the account and program, project, or activity from which the funds are being drawn, the title of the award, and a brief description of the activity for which the award is made. (c) The Department of Energy may not, with respect to any program, project, or activity that uses budget authority made available in this title under the heading ``Department of Energy--Energy Programs'', enter into a multiyear contract, award a multiyear grant, or enter into a multiyear cooperative agreement unless-- (1) the contract, grant, or cooperative agreement is funded for the full period of performance as anticipated at the time of award; or (2) the contract, grant, or cooperative agreement includes a clause conditioning the Federal Government's obligation on the availability of future year budget authority and the Secretary notifies the Committees on Appropriations of both Houses of Congress at least 3 days in advance. (d) Except as provided in subsections (e), (f), and (g), the amounts made available by this title shall be expended as authorized by law for the programs, projects, and activities specified in the ``Final Bill'' column in the ``Department of Energy'' table included under the heading ``Title III--Department of Energy'' in the report accompanying this Act. (e) The amounts made available by this title may be reprogrammed for any program, project, or activity, and the Department shall notify, and obtain the prior approval of, the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program, project, or activity funding level to increase or decrease by more than $5,000,000 or 10 percent, whichever is less, during the time period covered by this Act. (f) None of the funds provided in this title shall be available for obligation or expenditure through a reprogramming of funds that-- (1) creates, initiates, or eliminates a program, project, or activity; (2) increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act; or (3) reduces funds that are directed to be used for a specific program, project, or activity by this Act. (g)(1) The Secretary of Energy may waive any requirement or restriction in this section that applies to the use of funds made available for the Department of Energy if compliance with such requirement or restriction would pose a substantial risk to human health, the environment, welfare, or national security. (2) The Secretary of Energy shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted such waiver. (h) The unexpended balances of prior appropriations provided for activities in this Act may be available to the same appropriation accounts for such activities established pursuant to this title. Available balances may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund for the same time period as originally enacted. Sec. 302. Funds appropriated by this or any other Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 3094) during fiscal year 2022 until the enactment of the Intelligence Authorization Act for fiscal year 2022. Sec. 303. None of the funds made available in this title shall be used for the construction of facilities classified as high-hazard nuclear facilities under 10 CFR Part 830 unless independent oversight is conducted by the Office of Enterprise Assessments to ensure the project is in compliance with nuclear safety requirements. Sec. 304. None of the funds made available in this title may be used to approve critical decision-2 or critical decision-3 under Department of Energy Order 413.3B, or any successive departmental guidance, for construction projects where the total project cost exceeds $100,000,000, until a separate independent cost estimate has been developed for the project for that critical decision. Sec. 305. No funds shall be transferred directly from ``Department of Energy--Power Marketing Administration--Colorado River Basins Power Marketing Fund, Western Area Power Administration'' to the general fund of the Treasury in the current fiscal year. Sec. 306. (a) In General.--The Secretary shall establish an experienced worker program, to be known as ``Department of Energy Experienced Worker Program'', for the purpose of awarding grants and entering into cooperative agreements under subsection (b) for the purpose of using the talents of individuals in the United States who are age 55 or older and are not employees of the Department to provide technical, professional and administrative services to support the mission of the Department of Energy. (b) Grants and Cooperative Agreements.-- (1) In general.--Notwithstanding any other provision of law relating to Federal grants and cooperative agreements, the Secretary may make grants to, or enter into cooperative agreements with, private national nonprofit organizations eligible to receive grants under title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) to use the talents of individuals in the United States who are age 55 or older in programs authorized by other provisions of law administered by the Secretary and consistent with such provisions of law. (2) Requirements.--Prior to awarding a grant or entering into a cooperative agreement under paragraph (1), the Secretary shall ensure that the grant or cooperative agreement would not-- (A) result in the displacement of individuals currently employed by the Department, including partial displacement through reduction of non-overtime hours, wages, or employment benefits; (B) result in the use of an individual under the Department of Energy Experienced Worker Program for a job or function in a case in which a Federal employee is in a layoff status from the same or substantially equivalent job within the Department; or (C) affect existing contracts for services. Sec. 307. (a) Of the unobligated balances available to the Department of Energy from amounts appropriated in prior Acts, the following funds are hereby rescinded from the following accounts and programs in the specified amounts-- (1) ``Defense Nuclear Nonproliferation'' for the construction project ``99-D-143'', $330,000,000; and (2) ``Naval Reactors'', $6,000,000. (b) No amounts may be rescinded under subsection (a) from amounts that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. Sec. 308. (a) Definitions.--In this section: (1) Affected indian tribe.--The term ``affected Indian tribe'' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). (2) High-level radioactive waste.--The term ``high-level radioactive waste'' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). (3) Nuclear waste fund.--The term ``Nuclear Waste Fund'' means the Nuclear Waste Fund established under section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)). (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. (5) Spent nuclear fuel.--The term ``spent nuclear fuel'' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). (b) Pilot Program.--Notwithstanding any provision of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.), the Secretary is authorized, in the current fiscal year and subsequent fiscal years, to conduct a pilot program to license, construct, and operate 1 or more Federal consolidated storage facilities to provide interim storage as needed for spent nuclear fuel and high-level radioactive waste, with priority for storage given to spent nuclear fuel located on sites without an operating nuclear reactor. (c) Requests for Proposals.--Not later than 120 days after the date of enactment of this Act, the Secretary shall issue a request for proposals for cooperative agreements-- (1) to obtain any license necessary from the Nuclear Regulatory Commission for the construction of 1 or more consolidated storage facilities; (2) to demonstrate the safe transportation of spent nuclear fuel and high-level radioactive waste, as applicable; and (3) to demonstrate the safe storage of spent nuclear fuel and high-level radioactive waste, as applicable, at the 1 or more consolidated storage facilities pending the construction and operation of deep geologic disposal capacity for the permanent disposal of the spent nuclear fuel. (d) Consent-Based Approval.--Prior to siting a consolidated storage facility pursuant to this section, the Secretary shall enter into an agreement to host the facility with-- (1) the Governor of the State; (2) each unit of local government within the jurisdiction of which the facility is proposed to be located; and (3) each affected Indian tribe. (e) Applicability.--In executing this section, the Secretary shall comply with-- (1) all licensing requirements and regulations of the Nuclear Regulatory Commission; and (2) all other applicable laws (including regulations). (f) Pilot Program Plan.--Not later than 120 days after the date on which the Secretary issues the request for proposals under subsection (c), the Secretary shall submit to Congress a plan to carry out this section that includes-- (1) an estimate of the cost of licensing, constructing, and operating a consolidated storage facility, including the transportation costs, on an annual basis, over the expected lifetime of the facility; (2) a schedule for-- (A) obtaining any license necessary to construct and operate a consolidated storage facility from the Nuclear Regulatory Commission; (B) constructing the facility; (C) transporting spent fuel to the facility; and (D) removing the spent fuel and decommissioning the facility; (3) an estimate of the cost of any financial assistance, compensation, or incentives proposed to be paid to the host State, Indian tribe, or local government; (4) an estimate of any future reductions in the damages expected to be paid by the United States for the delay of the Department of Energy in accepting spent fuel expected to result from the pilot program; (5) recommendations for any additional legislation needed to authorize and implement the pilot program; and (6) recommendations for a mechanism to ensure that any spent nuclear fuel or high-level radioactive waste stored at a consolidated storage facility pursuant to this section shall move to deep geologic disposal capacity, following a consent- based approval process for that deep geologic disposal capacity consistent with subsection (d), within a reasonable time after the issuance of a license to construct and operate the consolidated storage facility. (g) Public Participation.--Prior to choosing a site for the construction of a consolidated storage facility under this section, the Secretary shall conduct 1 or more public hearings in the vicinity of each potential site and in at least 1 other location within the State in which the site is located to solicit public comments and recommendations. (h) Use of Nuclear Waste Fund.--The Secretary may make expenditures from the Nuclear Waste Fund to carry out this section, subject to appropriations. TITLE IV INDEPENDENT AGENCIES Appalachian Regional Commission For expenses necessary to carry out the programs authorized by the Appalachian Regional Development Act of 1965, as amended, notwithstanding 40 U.S.C. 14704, and for expenses necessary for the Federal Co-Chairman and the Alternate on the Appalachian Regional Commission, for payment of the Federal share of the administrative expenses of the Commission, including services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, $210,000,000, to remain available until expended. Defense Nuclear Facilities Safety Board salaries and expenses For expenses necessary for the Defense Nuclear Facilities Safety Board in carrying out activities authorized by the Atomic Energy Act of 1954, as amended by Public Law 100-456, section 1441, $31,000,000, to remain available until September 30, 2023. Delta Regional Authority salaries and expenses For expenses necessary for the Delta Regional Authority and to carry out its activities, as authorized by the Delta Regional Authority Act of 2000, notwithstanding sections 382F(d), 382M, and 382N of said Act, $30,100,000, to remain available until expended. Denali Commission For expenses necessary for the Denali Commission including the purchase, construction, and acquisition of plant and capital equipment as necessary and other expenses, $15,100,000, to remain available until expended, notwithstanding the limitations contained in section 306(g) of the Denali Commission Act of 1998: Provided, That funds shall be available for construction projects for which the Denali Commission is the sole or primary funding source in an amount not to exceed 80 percent of total project cost for distressed communities, as defined by section 307 of the Denali Commission Act of 1998 (division C, title III, Public Law 105-277), as amended by section 701 of appendix D, title VII, Public Law 106-113 (113 Stat. 1501A-280), and an amount not to exceed 50 percent for non-distressed communities: Provided further, That notwithstanding any other provision of law regarding payment of a non-Federal share in connection with a grant-in-aid program, amounts under this heading shall be available for the payment of such a non- Federal share for any project for which the Denali Commission is not the sole or primary funding source, provided that such project is consistent with the purposes of the Commission. Northern Border Regional Commission For expenses necessary for the Northern Border Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $35,000,000, to remain available until expended: Provided, That such amounts shall be available for administrative expenses, notwithstanding section 15751(b) of title 40, United States Code. Southeast Crescent Regional Commission For expenses necessary for the Southeast Crescent Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $2,500,000, to remain available until expended. Southwest Border Regional Commission For expenses necessary for the Southwest Border Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $2,500,000, to remain available until expended. Nuclear Regulatory Commission salaries and expenses For expenses necessary for the Commission in carrying out the purposes of the Energy Reorganization Act of 1974 and the Atomic Energy Act of 1954, $873,901,000, including official representation expenses not to exceed $25,000, to remain available until expended: Provided, That of the amount appropriated herein, not more than $9,500,000 may be made available for salaries, travel, and other support costs for the Office of the Commission, to remain available until September 30, 2023: Provided further, That revenues from licensing fees, inspection services, and other services and collections estimated at $745,258,000 in fiscal year 2022 shall be retained and used for necessary salaries and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall remain available until expended: Provided further, That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 2022 so as to result in a final fiscal year 2022 appropriation estimated at not more than $128,643,000. office of inspector general For expenses necessary for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $13,799,000, to remain available until September 30, 2023: Provided, That revenues from licensing fees, inspection services, and other services and collections estimated at $11,442,000 in fiscal year 2022 shall be retained and be available until September 30, 2023, for necessary salaries and expenses in this account, notwithstanding section 3302 of title 31, United States Code: Provided further, That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 2022 so as to result in a final fiscal year 2022 appropriation estimated at not more than $2,357,000: Provided further, That of the amounts appropriated under this heading, $1,146,000 shall be for Inspector General services for the Defense Nuclear Facilities Safety Board. Nuclear Waste Technical Review Board salaries and expenses For expenses necessary for the Nuclear Waste Technical Review Board, as authorized by Public Law 100-203, section 5051, $3,800,000, to be derived from the Nuclear Waste Fund, to remain available until September 30, 2023. GENERAL PROVISIONS--INDEPENDENT AGENCIES Sec. 401. The Nuclear Regulatory Commission shall comply with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to Congressional requests for information, consistent with Department of Justice guidance for all Federal agencies. Sec. 402. (a) The amounts made available by this title for the Nuclear Regulatory Commission may be reprogrammed for any program, project, or activity, and the Commission shall notify the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program funding level to increase or decrease by more than $500,000 or 10 percent, whichever is less, during the time period covered by this Act. (b)(1) The Nuclear Regulatory Commission may waive the notification requirement in subsection (a) if compliance with such requirement would pose a substantial risk to human health, the environment, welfare, or national security. (2) The Nuclear Regulatory Commission shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted such waiver and shall provide a detailed report to the Committees of such waiver and changes to funding levels to programs, projects, or activities. (c) Except as provided in subsections (a), (b), and (d), the amounts made available by this title for ``Nuclear Regulatory Commission--Salaries and Expenses'' shall be expended as directed in the report accompanying this Act. (d) None of the funds provided for the Nuclear Regulatory Commission shall be available for obligation or expenditure through a reprogramming of funds that increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act. (e) The Commission shall provide a monthly report to the Committees on Appropriations of both Houses of Congress, which includes the following for each program, project, or activity, including any prior year appropriations-- (1) total budget authority; (2) total unobligated balances; and (3) total unliquidated obligations. TITLE V GENERAL PROVISIONS (including transfer of funds) Sec. 501. None of the funds appropriated by this Act may be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913. Sec. 502. (a) None of the funds made available in title III of this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by or transfer authority provided in this Act or any other appropriations Act for any fiscal year, transfer authority referenced in the report accompanying this Act, or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality. (b) None of the funds made available for any department, agency, or instrumentality of the United States Government may be transferred to accounts funded in title III of this Act, except pursuant to a transfer made by or transfer authority provided in this Act or any other appropriations Act for any fiscal year, transfer authority referenced in the report accompanying this Act, or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality. (c) The head of any relevant department or agency funded in this Act utilizing any transfer authority shall submit to the Committees on Appropriations of both Houses of Congress a semiannual report detailing the transfer authorities, except for any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality, used in the previous 6 months and in the year-to-date. This report shall include the amounts transferred and the purposes for which they were transferred, and shall not replace or modify existing notification requirements for each authority. Sec. 503. None of the funds made available by this Act may be used in contravention of Executive Order No. 12898 of February 11, 1994 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). Sec. 504. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, Tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. Sec. 505. For an additional amount for ``Bureau of Reclamation-- Water and Related Resources'', $450,000,000, to remain available until expended for activities to address drought, as determined by the Secretary of the Interior: Provided, That not later than 60 days after the date of enactment of this Act, the Secretary of the Interior shall submit to the House and Senate Committees on Appropriations a detailed spend plan, including a list of project locations to be funded: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. This Act may be cited as the ``Energy and Water Development and Related Agencies Appropriations Act, 2022''. Calendar No. 115 117th CONGRESS 1st Session S. 2605 [Report No. 117-36] _______________________________________________________________________

Energy and Water Development and Related Agencies Appropriations Act, 2022

An original bill making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2022, and for other purposes.

Energy and Water Development and Related Agencies Appropriations Act, 2022 Energy and Water Development and Related Agencies Appropriations Act, 2022

Sen. Feinstein, Dianne

D

CA

H.R.1957

Armed Forces and National Security

Veterans Infertility Treatment Act of 2021 This bill requires the Department of Veterans Affairs (VA) to furnish infertility treatments, standard fertility preservation services, or both to a covered veteran or partner of a covered veteran if the individuals jointly apply for such treatments or services. A covered veteran is a veteran who has infertility and is enrolled in the VA health care system. Under the bill, in vitro fertilization treatment may only be furnished for up to three completed cycles resulting in live birth or six attempted cycles, whichever occurs first. The VA may furnish in vitro fertilization treatment using donated gametes or embryos. During the interim period before infertility treatment regulations are in effect, the VA must ensure that (1) fertility counseling and treatment for veterans may also be furnished to the partner of a veteran regardless of whether the veteran and the partner are married, and (2) such counseling and treatment may be furnished using donated gametes or embryos.

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to provide coverage for infertility treatment and standard fertility preservation services, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Infertility Treatment Act of 2021''. SEC. 2. INFERTILITY TREATMENTS FOR VETERANS. (a) In General.--Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1720K. Infertility treatment and standard fertility preservation services ``(a) Treatment and Services.--(1) In furnishing medical services under this chapter, the Secretary shall furnish infertility treatments (including through the use of assisted reproductive technology), standard fertility preservation services, or both, to a covered veteran or a partner of a covered veteran, if the veteran and the partner of the veteran apply jointly for such treatments or services, or both, through a process prescribed by the Secretary. ``(2) In the case of in vitro fertilization treatment furnished under paragraph (1), the Secretary may furnish not more than three completed cycles that result in live birth or six attempted cycles of in vitro fertilization, whichever occurs first, to an individual under such paragraph. ``(3) The Secretary may furnish in vitro ferilization treatment under paragraph (1) using donated gametes or embryos. ``(b) Rule of Construction.--Nothing in this section shall be construed to require the Secretary to furnish maternity care to a covered veteran or partner of a covered veteran, in addition to what is otherwise required by section 1786 of this title or other provisions of law. ``(c) Definitions.--In this section: ``(1) The term `assisted reproductive technology' includes in vitro fertilization and other fertility treatments in which both eggs and sperm are handled when clinically appropriate. ``(2) The term `covered veteran' means a veteran who-- ``(A) has infertility; and ``(B) is enrolled in the system of annual patient enrollment established under section 1705(a) of this title. ``(3) The term `infertility'-- ``(A) means a disease or condition characterized by-- ``(i) the failure to conceive a pregnancy or to carry a pregnancy to live birth after one year of regular, unprotected sexual intercourse; or ``(ii) the inability of a person to reproduce either as an individual or with the partner of the individual; and ``(B) includes instances in which a person is at risk of being described in clauses (i) or (ii) of subparagraph (A), as determined by a licensed physician based on-- ``(i) the medical, sexual, and reproductive history, age, physical findings, or diagnostic testing, or a combination thereof, of the person; or ``(ii) any planned medication therapy, surgery, radiation, chemotherapy, or other medical treatment. ``(4) The term `partner', with respect to a veteran, means an individual selected by the veteran who agrees to share with the veteran the parental responsibilities with respect to any child born as a result of the use of any infertility treatment under this section.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1720J the following new item: ``1720K. Infertility treatment and standard fertility preservation services.''. SEC. 3. REGULATIONS ON FURNISHING OF INFERTILITY TREATMENT BY DEPARTMENT OF VETERANS AFFAIRS. (a) Regulations.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations to carry out section 1720K of title 38, United States Code, as added by section 2. (b) Interim Policies.--During the period beginning 180 days after the date of the enactment of this Act and the date on which the regulations are prescribed under subsection (a), the Secretary shall ensure that fertility counseling and treatment furnished pursuant to section 234(a)(1) of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2021 (division J of Public Law 116-260) or other provisions of law administered by the Secretary include the following elements: (1) The Secretary may furnish such counseling and treatment to the partner of a veteran covered by such provision without regard to whether the partner and veteran are married. (2) The Secretary may furnish such counseling and treatment using donated gametes or embryos. (c) Partner Defined.--In this section, the term ``partner'' has the meaning given that term in section 1720K of title 38, United States Code, as added by section 2. <all>

Veterans Infertility Treatment Act of 2021

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to provide coverage for infertility treatment and standard fertility preservation services, and for other purposes.

Veterans Infertility Treatment Act of 2021

Rep. Brownley, Julia

D

CA

H.R.7769

Transportation and Public Works

Helicopter Safety and Noise Management Act This bill establishes a commission comprised of the Federal Aviation Administration, members of local and state government, and helicopter noise and safety advocates to develop a helicopter usage management plan to substantially reduce the number of nonessential civil rotorcraft (i.e., a helicopter) that can operate in certain airspace at any given time. The plan shall not apply any limitation or requirement to the operation of a civil rotorcraft for purposes of public health and safety, including (1) law enforcement, (2) emergency response, (3) disaster response, (4) medical services, (5) scientific research, and (6) official purposes by a news organization.

To establish a commission to develop a helicopter usage management plan for certain airspace, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Helicopter Safety and Noise Management Act''. SEC. 2. HELICOPTER USAGE MANAGEMENT PLAN. (a) Commission for Development of Rotocraft Management Plan.--At least 2 Governors and 1 Mayor with jurisdiction over covered airspace shall-- (1) jointly establish a commission to develop the helicopter usage management plan required under subsection (b); (2) serve as Co-Chairs of such commission; (3) include the Administrator of the Federal Aviation Administration on the commission; and (4) each appoint 3 additional Members to serve on the commission who are helicopter noise and safety advocates that reside in the covered airspace and are negatively impacted by nonessential helicopter flights. (b) Development of Plan.--Not later than 1 year after the date of enactment of this Act, the commission established under subsection (a) shall develop a helicopter usage management plan for covered airspace that-- (1) prohibits the operation of a nonessential civil rotorcraft in covered airspace without a permit described under subsection (c) from the Federal Aviation Administration; (2) establishes a system for substantially reducing the number of nonessential civil rotorcraft that can operate in covered airspace at any given time; and (3) establishes a competitive bidding program for civil nonessential rotocrafts to operate in such airspace. (c) Number of Nonessential Rotorcrafts Authorized.--In determining the number of nonessential rotorcrafts authorized under the competitive bidding program established under subsection (b)(3), the commission shall take into consideration-- (1) the safety record of the person submitting the proposal or pilots employed by the person; (2) any quiet aircraft technology to be used by the person submitting the proposal; (3) the experience of the person submitting the proposal with operating in such airspace; (4) the financial capability of the person submitting the proposal; (5) any training programs for pilots provided by the person submitting the proposal; and (6) the number of existing nonessential rotorcrafts authorized and the current level of service and equipment provided by any such operators. (d) Public Comment Period.-- (1) In general.--The commission established under subsection (a) shall provide notice of, and an opportunity for, at least 60 days of public comment. (2) Timing.--The notice required under paragraph (1) shall occur at least 60 days before the public comment period. (3) Public hearings.--Not later than 60 days after the date of enactment of this Act, the commission shall hold at least 4 public hearings in the communities impacted by the plan described in subsection (b) to solicit feedback with respect to the helicopter usage management plan. (e) Establishment of Plan and Permit.--The Administrator shall-- (1) implement the helicopter usage management plan established under subsection (b); and (2) establish a permit system referred to in subsection (b)(1) under which owners or operators of nonessential civil rotorcraft are required to hold a valid permit from the Administrator to operate such rotocraft in covered airspace. (f) Essential Use.-- (1) Public health and safety.--The plan developed under subsection (b) shall not apply any limitation or requirement to the operation of a civil rotorcraft for purposes of public health and safety, including-- (A) law enforcement; (B) emergency response; (C) disaster response; (D) the provision of medical services; (E) scientific research; and (F) official purposes by a news organization. (2) Infrastructure maintenance.--The plan developed under subsection (b) shall not apply any limitation or requirement to the operation of a civil rotorcraft for purposes of heavy-lift operations in support of construction and infrastructure maintenance. (g) Covered Airspace Defined.--In this section, the term ``covered airspace'' means the airspace directly over any city with a population over 7 million people and with a population density of over 25,000 people per square mile, including the airspace over any waterways considered within the limits of such city. <all>

Helicopter Safety and Noise Management Act

To establish a commission to develop a helicopter usage management plan for certain airspace, and for other purposes.

Helicopter Safety and Noise Management Act

Rep. Maloney, Carolyn B.

D

NY

S.1537

Foreign Trade and International Finance

Strategic Energy and Minerals Initiative Act of 2021 This bill requires federal actions to increase competition in global energy and critical minerals markets. It also reauthorizes through December 31, 2031, the Export-Import Bank. Specifically, the bill authorizes the U.S. International Development Finance Corporation to provide support for energy projects and for producing, processing, manufacturing, or recycling critical minerals. The corporation may not prohibit or restrict its support based on the type of energy involved in a project. The Department of the Treasury must direct the U.S. executive directors at multilateral development banks to oppose restricting assistance to developing countries based on the type of energy involved. Additionally, the bill includes provisions related to the Export-Import Bank, including to The Department of Energy may make guarantees for projects that increase the domestic supply of critical minerals. The federal government must fully implement the recommendations made in the Department of Commerce's report titled A Federal Strategy to Ensure the Secure and Reliable Supplies of Critical Minerals, published in June 2019.

To modernize certain Federal agencies for an era of strategic energy and mineral competition, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Strategic Energy and Minerals Initiative Act of 2021''. SEC. 2. POLICY OF THE UNITED STATES. (a) In General.--It is the policy of the United States to enable the private sector in the United States to compete in global energy and critical minerals markets that may be dominated by cartels, state- sponsored enterprises, and trade finance agencies that utilize the provision of credit, capital, and other financial support for strategic energy purposes. (b) Critical Mineral Defined.--In this section, the term ``critical mineral'' has the meaning given the term in section 7002(a) of the Energy Act of 2020 (division Z of Public Law 116-260; 134 Stat. 2562; 30 U.S.C. 1606(a)). SEC. 3. STRATEGIC ENERGY AND MINERALS PORTFOLIO OF UNITED STATES INTERNATIONAL DEVELOPMENT FINANCE CORPORATION. Title V of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9671 et seq.) is amended by adding at the end the following: ``SEC. 1455. STRATEGIC ENERGY AND MINERALS PORTFOLIO. ``The Corporation-- ``(1) may provide support under title II for projects related to any type of energy, including fossil fuels, renewables (including hydropower), and nuclear energy, or the production, processing, manufacturing, or recycling of critical minerals (as defined in section 7002(a) of the Energy Act of 2020 (division Z of Public Law 116-260; 134 Stat. 2562; 30 U.S.C. 1606(a))); and ``(2) may not prohibit, restrict, or otherwise impede the provision of support on the basis of the type of energy involved in a project.''. SEC. 4. OPPOSITION TO POLICIES AT MULTILATERAL DEVELOPMENT BANKS RESTRICTING ASSISTANCE BASED ON TYPE OF ENERGY INVOLVED. (a) In General.--The Secretary of the Treasury shall direct the United States Executive Director of each multilateral development bank to use the voice and vote of the United States at the bank to oppose all policies, rules, and regulations at the bank that restrict the provision of development assistance to developing countries on the basis of the type of energy involved, including through restrictions on upstream fossil fuel activities and the use of coal-fired electricity generation. (b) Multilateral Development Bank Defined.--In this section, the term ``multilateral development bank'' has the meaning given that term in section 1701(c) of the International Financial Institutions Act (22 U.S.C. 262r(c)). SEC. 5. PROMOTION OF ENERGY AND MINERALS EXPORTS BY EXPORT-IMPORT BANK OF THE UNITED STATES. (a) Strategic Energy and Minerals Portfolio.--The Export-Import Bank Act of 1945 (12 U.S.C. 635 et seq.) is amended by adding at the end the following: ``SEC. 16. STRATEGIC ENERGY AND MINERALS PORTFOLIO. ``(a) In General.--The Bank shall establish a strategic energy and minerals portfolio focused on providing financing (including loans, guarantees, and insurance) for civil nuclear energy infrastructure projects (subject to subsection (c)), natural gas infrastructure projects, and critical minerals projects (including production, processing, manufacturing, or recycling), that may facilitate-- ``(1) increases in exports of United States energy commodities, such as regasification terminals; ``(2) the export of United States equipment, materials, and technology; or ``(3) the strategic diversification of supply chains critical to the United States economy. ``(b) Maximum Exposure Cap for Strategic Energy Portfolio.-- ``(1) In general.--The aggregate amount of loans, guarantees, and insurance under subsection (a) the Bank has outstanding at any one time may not exceed $50,000,000,000. ``(2) Treatment of defaults.--A default on financing provided under subsection (a) shall not-- ``(A) be included in the default rate calculated by the Bank under section 8(g)(1); or ``(B) count for purposes of the freeze on lending provided for under section 6(a)(3). ``(c) Limitation.--The Bank may provide financing for civil nuclear energy infrastructure projects only in countries with which the United States has in effect a nuclear cooperation agreement under section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153). ``(d) Rule of Construction.--Nothing in this section may be construed to lessen the obligation of the Bank to conduct rigorous due diligence and mitigate risks with respect to transactions or projects for which the Bank provides financing under this section. ``(e) Critical Mineral Defined.--In this section, the term `critical mineral' has the meaning given the term in section 7002(a) of the Energy Act of 2020 (division Z of Public Law 116-260; 134 Stat. 2562; 30 U.S.C. 1606(a)).''. (b) Promotion of Energy Exports.--Section 2(b)(1)(C) of the Export- Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(C)) is amended by striking ``nonnuclear renewable'' and inserting ``all''. (c) Modification of Limitation on Financing for Nuclear Energy Exports.--Section 2(b)(5)(C) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(5)(C)) is amended by striking ``any liquid metal fast breeder nuclear reactor or any nuclear fuel reprocessing facility'' and inserting ``any nuclear material, equipment, or technology not provided for under a nuclear cooperation agreement in effect under section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153)''. (d) Extension of Export-Import Bank.-- (1) Aggregate loan, guarantee, and insurance authority.-- Section 6(a) of the Export-Import Bank Act of 1945 (12 U.S.C. 635e(a)) is amended-- (A) in paragraph (2), by striking ``fiscal years 2020 through 2027, means $135,000,000,000'' and inserting ``2021 through 2031, means $200,000,000,000''; and (B) in paragraph (3), by striking ``If'' and inserting ``Except as provided in section 16(b)(2), if''. (2) Termination.--Section 7 of the Export-Import Bank Act of 1945 (12 U.S.C. 635f) is amended by striking ``2026'' and inserting ``2031''. SEC. 6. LOAN GUARANTEES FOR PROJECTS THAT INCREASE THE DOMESTIC SUPPLY OF CRITICAL MINERALS. Section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by adding at the end the following: ``(13) Projects that increase the domestic supply of critical minerals (as designated by the Secretary of the Interior under section 7002(c) of the Energy Act of 2020 (division Z of Public Law 116-260; 134 Stat. 2563; 30 U.S.C. 1606(c)), including through the production, manufacturing, processing, recycling, or fabrication of mineral alternatives.''. SEC. 7. IMPLEMENTATION OF FEDERAL STRATEGY TO ENSURE SECURE AND RELIABLE SUPPLIES OF CRITICAL MINERALS. Not later than 2 years after the date of the enactment of this Act, the Federal Government shall fully implement the recommendations made in the report of the Department of Commerce entitled ``A Federal Strategy to Ensure the Secure and Reliable Supplies of Critical Minerals'' and dated June 2019. <all>

Strategic Energy and Minerals Initiative Act of 2021

A bill to modernize certain Federal agencies for an era of strategic energy and mineral competition, and for other purposes.

Strategic Energy and Minerals Initiative Act of 2021

Sen. Murkowski, Lisa

R

AK

H.R.807

Crime and Law Enforcement

Invest in Child Safety Act This bill modifies the federal framework governing the prevention of online sexual exploitation of children. The bill establishes within the Executive Office of the President a new office—the Office to Enforce and Protect Against Child Sexual Exploitation—to coordinate federal efforts to prevent, investigate, prosecute, and treat victims of child exploitation. Additionally, it establishes the Child Sexual Exploitation Treatment, Support, and Prevention Fund to make grants and fund federal efforts to treat and support victims of child sexual exploitation and evidence-based programs and services to prevent child sexual exploitation. Finally, the bill makes changes to the reporting requirements for electronic communication service providers and remote computing service providers (providers) who report apparent instances of crimes involving the sexual exploitation of children. Among the changes, the bill requires providers to report facts and circumstances sufficient to identify and locate each involved individual and increases the amount of time that providers must preserve the contents of a report.

To establish the Office to Enforce and Protect Against Child Sexual Exploitation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Invest in Child Safety Act''. SEC. 2. DEFINITIONS. In this Act: (1) Child sexual exploitation.--The term ``child sexual exploitation'' has the meaning given the term ``child exploitation'' in section 2 of the PROTECT Our Children Act of 2008 (34 U.S.C. 21101). (2) Covered program or agency.--The term ``covered program or agency'' means-- (A) each Federal program or Executive agency involved in-- (i) the prevention, treatment of victims, investigation, or prosecution of child sexual exploitation; or (ii) other activities relating to addressing child sexual exploitation; or (B) any other Federal program, agency, or activity designated by the Director. (3) Director.--The term ``Director'' means the Director of the Office appointed under section 3(b)(1). (4) Enforcement and protection strategy.--The term ``enforcement and protection strategy'' means the enforcement and protection strategy required under section 3(c)(4). (5) Executive agency.--The term ``Executive agency'' has the meaning given that term in section 105 of title 5, United States Code. (6) Fund.--The term ``Fund'' means the Child Sexual Exploitation Treatment, Support, and Prevention Fund established under section 4(c)(1). (7) High-level representative.--The term ``high-level representative'' means an individual who is-- (A) appointed by the President, by and with the advice and consent of the Senate; (B) in a Senior Executive Service position (as defined in section 3132(a) of title 5, United States Code); or (C) for an entity that is not an Executive agency, serving in a leadership or other senior position in the entity. (8) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term ``Indian tribe'' in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e)). (9) Office.--The term ``Office'' means the Office to Enforce and Protect Against Child Sexual Exploitation established under section 3(a). SEC. 3. OFFICE TO ENFORCE AND PROTECT AGAINST CHILD SEXUAL EXPLOITATION. (a) Establishment.--There is established in the Executive Office of the President an Office to Enforce and Protect Against Child Sexual Exploitation. (b) Director.-- (1) Appointment.--The Office shall be headed by a Director who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Term.-- (A) In general.--The Director shall be appointed for a term of 5 years. (B) Limitation.--An individual may not serve more than 2 terms as the Director. (3) Qualifications.--The individual appointed as the Director shall have-- (A) a demonstrated ability in managing large organizations and coordinating offices; (B) experience prosecuting Federal child sexual exploitation crimes; and (C) proficiency in investigating crimes that have a technological or cyber component. (4) Coordination of activities.--The Director shall coordinate the activities of the Office with the Attorney General, the Director of the Federal Bureau of Investigation, the Secretary of Defense, the Secretary of Health and Human Services, the Secretary of Homeland Security, the Secretary of Education, the Chairman of the Interagency Task Force to Monitor and Combat Trafficking in Persons established under section 105 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103), and the President of the National Center for Missing and Exploited Children. (c) Duties.--The Director shall-- (1) coordinate the activities of covered programs and agencies; (2) cooperate, as appropriate, with foreign law enforcement agencies, including through-- (A) information sharing and providing technical assistance; and (B) detailing employees of the Office to high priority countries that are the source of visual depictions of child sexual exploitation; (3) not less than 3 times per year, convene a meeting of high-level representatives of the Department of Justice, the Federal Bureau of Investigation, the Department of Defense, the Department of Health and Human Services, the Department of Homeland Security, the Department of Education, the Interagency Task Force to Monitor and Combat Trafficking in Persons established under section 105 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103), and the National Center for Missing and Exploited Children, to ensure success of the enforcement and protection strategy; (4) not later than 180 days after the date on which each Director is first appointed to the position of Director, submit to Congress an enforcement and protection strategy for-- (A) the prevention, investigation, or prosecution of child sexual exploitation by Executive agencies; (B) the treatment of and services provided to victims of child sexual exploitation by Executive agencies; and (C) other activities of Executive agencies relating to addressing child sexual exploitation; (5) during the 60-day period beginning on the date on which each Director is first appointed to the position of Director, solicit comments from the public on the enforcement and protection strategy; (6) not later than 180 days after the date on which each Director is first appointed to the position of Director, submit to Congress a spending plan, which shall be developed in consultation with the head of covered programs and agencies and the Director of the Office of Management and Budget; (7) with respect to each fiscal year, for not less than a period of 30 days before the start of such fiscal year, seek public comment on the funding priorities of the Office and covered programs and agencies for such fiscal year, including funding transfers and grants to be made from the Fund during such fiscal year; (8) not later than March 1 of each year, submit to Congress an annual report-- (A) detailing the work of the Office and each covered program or agency during the previous fiscal year and evaluating the efficacy of the use of funds by the Office and covered programs and agencies during the previous fiscal year, which shall include, with respect to such previous fiscal year-- (i) the number and nature of reports to the CyberTipline of the National Center for Missing and Exploited Children, or any successor to such CyberTipline operated by the National Center for Missing and Exploited Children; (ii) the number and nature of investigations conducted relating to child sexual exploitation; (iii) the number and nature of arrests relating to child sexual exploitation; (iv) the number and nature of ongoing prosecutions of offenses involving child sexual exploitation; (v) the number of prosecutions of offenses involving child sexual exploitation by judicial district; (vi) the number of convictions of offenses involving child sexual exploitation; (vii) the number of convictions of offenses involving child sexual exploitation by judicial district; (viii) the number of referrals of offenses involving child sexual exploitation to non- Federal entities, including foreign law enforcement agencies, broken down by jurisdiction and entity; (ix) a summary of all transfers and grants made from the Fund; and (x) a summary of any unobligated funds from transfers and grants made for a previous fiscal year from the Fund; and (B) discussing the funding priorities of the Office and covered programs and agencies for the current fiscal year, which shall include-- (i) an outline of planned funding transfers and grants to be made from the Fund during the current fiscal year; and (ii) a summary of public comments on such funding priorities received under paragraph (7); and (9) not later than May 1 of each year, appear before the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives to discuss the enforcement and protection strategy, including any updates. (d) Notice of Changes by Covered Programs and Agencies.-- (1) In general.--The head of each covered program or agency shall notify the Director in writing of any proposed policy change relating to-- (A) the prevention, investigation, or prosecution of child sexual exploitation; (B) the treatment of victims of child sexual exploitation; or (C) other activities relating to addressing child sexual exploitation. (2) Response.--The Director shall respond promptly to any notice under paragraph (1), which shall include the determination of the Director regarding whether the proposed policy change is consistent with the enforcement and protection strategy. SEC. 4. INCREASED FUNDING, TREATMENT, AND SUPPORT FOR VICTIMS OF CHILD SEXUAL EXPLOITATION AND PROGRAMS AND SERVICES TO PREVENT CHILD SEXUAL EXPLOITATION. (a) Programs.--For each of fiscal years 2021 through 2030, the Director shall make the following transfers from the Fund: (1) United states attorneys offices.--To the Department of Justice, $100,000,000 for child sexual exploitation prosecutions by offices of the United States attorney. (2) Child exploitation and obscenity section.--To the Department of Justice, such sums as are necessary to ensure that there are not fewer than 120 prosecutors and agents employed in the Child Exploitation and Obscenity Section of the Criminal Division. (3) Federal bureau of investigation.--To the Federal Bureau of Investigation, such sums as are necessary to ensure that the total number of case agents and investigators employed in the Innocent Images National Initiative, the Crimes Against Children Unit, Child Abduction Rapid Deployment Teams, and the Child Exploitation and Human Trafficking Task Forces of the Federal Bureau of Investigation is not less than 100 more than the total number of such case agents and investigators on the date of enactment of this Act. (4) National center for missing and exploited children.--To the Department of Justice, $15,000,000 for a grant by the Office of Juvenile Justice and Delinquency Prevention to the National Center for Missing and Exploited Children to-- (A) ensure that the total number of analysts, engineers, and other employees at the National Center for Missing and Exploited Children supporting, evaluating, and processing child sexual abuse material tips from technology companies is not less than 65 more than the number of such analysts, engineers, and other employees on the date of enactment of this Act; and (B) upgrade and maintain technology infrastructure and methods. (5) Internet crimes against children task forces.--To the Department of Justice, $60,000,000 for grants to States for activities relating to Internet Crimes Against Children Task Forces. (6) National criminal justice training center.--To the Department of Justice, $5,000,000 for a grant to the National Criminal Justice Training Center. (7) Children's advocacy programs.--To the agency head designated under section 201(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11111(b)), $27,000,000 for grants to local children's advocacy centers under section 214 of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20304). (8) Street outreach program.--To the Department of Health and Human Services, $16,000,000 for the Street Outreach Program of the Family and Youth Services Bureau. (b) Grants and Transfers to Agencies, Programs, and Services.-- (1) In general.--Using amounts in the Fund, the Director may make grants and transfer funds to Executive agencies for treatment and support for victims of child sexual exploitation and evidence-based programs and services to prevent child sexual exploitation. (2) Included services and programs.--In carrying out paragraph (1), the Director may-- (A) transfer funds to the Street Outreach Program of the Department of Health and Human Services; (B) make grants to local governments and Indian Tribes for hiring mental health services providers, including school-based mental health services providers to work at public elementary schools and secondary schools; (C) make grants to non-Federal entities or transfer funds to Executive agencies to provide training to mental health services providers, including school- based mental health services providers to detect cases of child sexual exploitation and to treat victims of child sexual exploitation; (D) transfer funds to the Internet Crimes Against Children Task Force program, the Victim Identification program, and the Child Exploitation Investigations Unit of U.S. Immigration and Customs Enforcement; (E) make grants to the National Center for Missing and Exploited Children; (F) make grants to non-Federal entities or transfer funds to Executive agencies to provide community education relating to the detection, prevention, and treatment of victims of child sexual exploitation; (G) make grants to non-Federal entities or transfer funds to Executive agencies to provide information and training to individuals and organizations providing assistance to victims of child sexual exploitation; (H) transfer funds to the agency head designated under section 201(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11111(b)) for grants to local children's advocacy centers under section 214 of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20304); (I) transfer funds to the Innocent Images National Initiative, the Crimes Against Children Unit, the Child Abduction Rapid Deployment Teams, and the Child Exploitation and Human Trafficking Task Forces of the Federal Bureau of Investigation; (J) transfer funds to the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice; (K) make grants to nonprofit private agencies for the purpose of providing street-based services to runaway and homeless, and street youth, who have been subjected to, or are at risk of being subjected to, sexual abuse, prostitution, sexual exploitation, severe forms of trafficking in persons (as defined in section 103(11) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(11))), or sex trafficking (as defined in section 103(12) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(12))); (L) make grants to the National Criminal Justice Training Center; and (M) make grants or transfer funds to any other covered program or agency for programs or activities directed at addressing child sexual exploitation. (c) Funding.-- (1) In general.--There is established in the Treasury a fund to be known as the ``Child Sexual Exploitation Treatment, Support, and Prevention Fund'', consisting of amounts transferred under paragraph (2). (2) Transfer.--The Secretary of the Treasury shall transfer to the Fund, from the general fund of the Treasury, $5,000,000,000 for fiscal year 2021, to remain available through September 30, 2030. (3) Use of funds.-- (A) In general.--The Director may use amounts in the Fund, without further appropriation, to carry out this section. (B) Supplement not supplant.--Amounts made available to agencies, programs, and services from the Fund shall supplement, but not supplant, regular appropriations for such agencies, programs, and services. (4) Customs user fees.-- (A) In general.--Section 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended-- (i) in subparagraph (A), by striking ``September 30, 2029'' and inserting ``August 4, 2030''; and (ii) in subparagraph (B)(i), by striking ``September 30, 2029'' and inserting ``August 4, 2030''. (B) Rate for merchandise processing fees.--Section 503 of the United States-Korea Free Trade Agreement Implementation Act (Public Law 112-41; 19 U.S.C. 3805 note) is amended in the matter preceding paragraph (1) by striking ``September 30, 2029'' and inserting ``August 4, 2030''. SEC. 5. EVALUATION OF PREVENTION PROGRAMS. The Director, in coordination with the Director of the National Institute of Justice, shall enter into an agreement with the Deputy Assistant Secretary for Planning, Research, and Evaluation of the Department of Health and Human Services under which the Deputy Assistant Secretary shall conduct a study and, not later than 6 years after the date of enactment of this Act, publicly issue a report-- (1) identifying risk factors that may make certain individuals more vulnerable to child sexual exploitation; (2) identifying the programs with the greatest potential for preventing child sexual exploitation; and (3) evaluating promising programs being developed in the field of child sexual exploitation prevention. SEC. 6. GAO STUDY. The Comptroller General of the United States, in consultation with the Director, shall study and publicly issue a report documenting all Federal funding (including grants to States, local governments, Indian Tribes, nonprofit entities, and other entities) for the prevention, detection, enforcement, and treatment of child sexual exploitation, which shall separately report on activities relating to child sexual abuse material. SEC. 7. MODERNIZING THE CYBERTIPLINE. Chapter 110 of title 18, United States Code, is amended-- (1) in section 2258A-- (A) in subsection (a)-- (i) in paragraph (1)(B)(ii), by inserting after ``facts or circumstances'' the following: ``, including any available facts or circumstances sufficient to identify and locate each involved individual,''; and (ii) in paragraph (2)(A)-- (I) by inserting ``1591 (if the violation involves a minor),'' before ``2251,''; and (II) by striking ``or 2260'' and inserting ``2260, or 2422(b)''; (B) in subsection (b)-- (i) in paragraph (1)-- (I) by inserting ``or location'' after ``identity''; and (II) by striking ``other identifying information,'' and inserting ``other information which may identify or locate the involved individual,''; and (ii) by adding at the end the following: ``(6) Formatting of reports.--When in its discretion a provider voluntarily includes any content described in this subsection in a report to the CyberTipline, the provider shall use best efforts to ensure that the report conforms with the structure of the CyberTipline.''; (C) in subsection (d)(5)(B)-- (i) in clause (i), by striking ``forwarded'' and inserting ``made available''; and (ii) in clause (ii), by striking ``forwarded'' and inserting ``made available''; and (D) in subsection (h)-- (i) in paragraph (1), by striking ``90 days'' and inserting ``180 days''; and (ii) by adding at the end the following: ``(5) Extension of preservation.--A provider of a report to the CyberTipline may voluntarily preserve the contents provided in the report (including any commingled content described in paragraph (2)) for longer than 180 days after the submission to the CyberTipline for the purpose of reducing the proliferation of online child sexual exploitation or preventing the online sexual exploitation of children. ``(6) Method of preservation.--A provider of a report to the CyberTipline shall preserve material under this subsection in a manner that complies with the cybersecurity standards for the protection of data under the cybersecurity framework established by the National Institute of Standards and Technology.''; and (2) in section 2258C-- (A) in the section heading, by striking ``the CyberTipline'' and inserting ``NCMEC''; (B) in subsection (a)-- (i) in paragraph (1)-- (I) by striking ``NCMEC'' and inserting the following: ``(A) Provision to providers.--NCMEC''; (II) in subparagraph (A), as so designated, by inserting ``or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11293(b)(1)(K)(ii))'' after ``CyberTipline report''; and (III) by adding at the end the following: ``(B) Provision to non-profit entities.--NCMEC may provide hash values or similar technical identifiers associated with visual depictions provided in a CyberTipline report or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11293(b)(1)(K)(ii)) to a non-profit entity for the sole and exclusive purpose of preventing and curtailing the online sexual exploitation of children.''; and (ii) in paragraph (2)-- (I) by inserting ``(A)'' after ``(1)''; (II) by inserting ``or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11293(b)(1)(K)(ii))'' after ``CyberTipline report''; and (III) by adding at the end the following: ``The elements authorized under paragraph (1)(B) shall be limited to hash values or similar technical identifiers associated with visual depictions provided in a CyberTipline report or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11293(b)(1)(K)(ii)).''; and (C) in subsection (d), by inserting ``or to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11293(b)(1)(K)(ii))'' after ``CyberTipline''. <all>

Invest in Child Safety Act

To establish the Office to Enforce and Protect Against Child Sexual Exploitation.

Invest in Child Safety Act

Rep. Eshoo, Anna G.

D

CA

S.3789

Native Americans

This bill authorizes grants to Indian tribes, tribal organizations, and Native Hawaiian organizations for activities related to recreational travel and tourism. Specifically, the bill authorizes (1) the Bureau of Indian Affairs to make these grants to and enter into agreements with Indian tribes and tribal organizations; (2) the Office of Native Hawaiian Relations to make these grants to and enter into agreements with Native Hawaiian organizations; and (3) other federal agencies to make these grants to and enter into agreements with tribes, tribal organizations, and Native Hawaiian organizations.

To amend the Native American Tourism and Improving Visitor Experience Act to authorize grants to Indian tribes, tribal organizations, and Native Hawaiian organizations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. NATIVE AMERICAN TOURISM GRANT PROGRAMS.</DELETED> <DELETED> The Native American Tourism and Improving Visitor Experience Act (25 U.S.C. 4351 et seq.) is amended--</DELETED> <DELETED> (1) by redesignating section 6 (25 U.S.C. 4355) as section 7; and</DELETED> <DELETED> (2) by inserting after section 5 (25 U.S.C. 4354) the following:</DELETED> <DELETED>``SEC. 6. NATIVE AMERICAN TOURISM GRANT PROGRAMS.</DELETED> <DELETED> ``(a) Bureau of Indian Affairs Program.--The Director of the Bureau of Indian Affairs may make grants to Indian tribes and tribal organizations to carry out the purposes of this Act, as described in section 2.</DELETED> <DELETED> ``(b) Office of Native Hawaiian Relations.--The Director of the Office of Native Hawaiian Relations may make grants to Native Hawaiian organizations to carry out the purposes of this Act, as described in section 2.</DELETED> <DELETED> ``(c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of the Interior to carry out this section such sums as may be necessary.''.</DELETED> SECTION 1. NATIVE AMERICAN TOURISM GRANT PROGRAMS. The Native American Tourism and Improving Visitor Experience Act (25 U.S.C. 4351 et seq.) is amended-- (1) by redesignating section 6 (25 U.S.C. 4355) as section 7; and (2) by inserting after section 5 (25 U.S.C. 4354) the following: ``SEC. 6. NATIVE AMERICAN TOURISM GRANT PROGRAMS. ``(a) Bureau of Indian Affairs Program.--The Director of the Bureau of Indian Affairs may make grants to and enter into agreements with Indian tribes and tribal organizations to carry out the purposes of this Act, as described in section 2. ``(b) Office of Native Hawaiian Relations.--The Director of the Office of Native Hawaiian Relations may make grants to and enter into agreements with Native Hawaiian organizations to carry out the purposes of this Act, as described in section 2. ``(c) Other Federal Agencies.--The heads of other Federal agencies, including the Secretaries of Commerce, Transportation, Agriculture, Health and Human Services, and Labor, may make grants under this authority to and enter into agreements with Indian tribes, tribal organizations, and Native Hawaiian organizations to carry out the purposes of this Act, as described in section 2. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary.''. Calendar No. 592 117th CONGRESS 2d Session S. 3789 [Report No. 117-234] _______________________________________________________________________

A bill to amend the Native American Tourism and Improving Visitor Experience Act to authorize grants to Indian tribes, tribal organizations, and Native Hawaiian organizations, and for other purposes.

A bill to amend the Native American Tourism and Improving Visitor Experience Act to authorize grants to Indian tribes, tribal organizations, and Native Hawaiian organizations, and for other purposes.

Official Titles - Senate Official Title as Introduced A bill to amend the Native American Tourism and Improving Visitor Experience Act to authorize grants to Indian tribes, tribal organizations, and Native Hawaiian organizations, and for other purposes.

Sen. Schatz, Brian

D

HI

H.R.3212

Housing and Community Development

Marijuana in Federally Assisted Housing Parity Act of 2021 This bill specifies that (1) an individual may not be denied occupancy of federally assisted housing on the basis of using marijuana in compliance with state law, and (2) the Department of Housing and Urban Development may not prohibit or discourage the use of marijuana in federally assisted housing if such use is in compliance with state law.

To provide that an individual who uses marijuana in compliance with State law may not be denied occupancy of federally assisted housing, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Marijuana in Federally Assisted Housing Parity Act of 2021''. SEC. 2. AMENDMENTS TO UNITED STATES HOUSING ACT OF 1937. The United States Housing Act of 1937 is amended as follows: (1) Drug-related criminal activity defined.--In section 3(b)(9) (42 U.S.C. 1437a(b)(9)), by inserting before the period at the end the following: ``, except that such term shall not include any such manufacture, sale, distribution, use, or possession of marihuana (as such term is defined in such section) that is in compliance with the law of the State in which such manufacture, sale, distribution, use, or possession takes place''. (2) Currently engaging in the illegal use of a controlled substance and drug-related criminal activity defined.--In section 6 (42 U.S.C. 1437d)-- (A) in subsection (l), in the last sentence after paragraph (9)-- (i) by striking ``paragraph (5)'' and inserting ``paragraph (6)''; and (ii) by inserting before the period at the end the following: ``, except that such term shall not include any such manufacture, sale, distribution, use, or possession of marihuana (as such term is defined in such section) that is in compliance with the law of the State in which such manufacture, sale, distribution, use, or possession takes place''; and (B) in subsection (t)(7)(C), by inserting before the period at the end the following: ``, except that such term shall not include the use, distribution, possession, sale, or manufacture of marihuana (as such term is defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) that is in compliance with the law of the State in which such use, distribution, possession, sale, or manufacture takes place''. (3) Drug-related criminal activity defined.--In section 8(f)(5) (42 U.S.C. 1437f(f)(5)), by inserting before the period at the end the following: ``, except that such term shall not include any such manufacture, sale, distribution, use, or possession of marihuana (as such term is defined in such section) that is in compliance with the law of the State in which such manufacture, sale, distribution, use, or possession takes place''. SEC. 3. AMENDMENTS TO QUALITY HOUSING AND WORK RESPONSIBILITY ACT OF 1998. Subtitle F of title V of the Quality Housing and Work Responsibility Act of 1998 is amended-- (1) in section 576 (42 U.S.C. 13661)-- (A) in subsection (b)-- (i) in paragraph (1), by striking ``Notwithstanding'' and inserting ``Except as provided in paragraph (3) and notwithstanding''; (ii) in paragraph (2), by inserting ``other than the use of marihuana described in paragraph (3),'' after ``controlled substance'' each place such term appears; and (iii) by adding at the end the following new paragraph: ``(3) State law exception.--A public housing agency or an owner of federally assisted housing may not establish standards prohibiting admission to the program or federally assisted housing to any household with a member who engages in the use, distribution, possession, sale, or manufacture of marihuana (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) in compliance with the law of the State in which such use, distribution, possession, sale, or manufacture takes place.''; and (B) in subsection (c), by adding after and below paragraph (2) the following flush matter: ``For the purposes of this subsection, the term `criminal activity' shall not include the use, distribution, possession, sale, or manufacture of marihuana (as such term is defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) that is in compliance with the law of the State in which such use, distribution, possession, sale, or manufacture takes place.''; (2) in section 577 (42 U.S.C. 13662), by adding at the end the following new subsection: ``(c) State Law Exception.--For the purposes of this section, the term `illegal use of a controlled substance' shall not include the use, distribution, possession, sale, or manufacture of marihuana (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) that is in compliance with the law of the State in which such use, distribution, possession, sale, or manufacture takes place.''; (3) in section 579, by adding at the end the following new paragraph: ``(4) State.--The term `State' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the territories and possessions of the United States, and the Trust Territory of the Pacific Islands.''; and (4) by adding at the end the following new section: ``SEC. 580. ENFORCEMENT; SMOKE-FREE ZONES. ``(a) Enforcement.--The Secretary may not prohibit or otherwise discourage any activity involving the use, distribution, possession, sale, or manufacture of marihuana in federally assisted housing that is in compliance with the law of the State in which such activity takes place. ``(b) HUD Smoke-Free Zones.--Not later than 90 days after the date of the enactment of the Marijuana in Federally Assisted Housing Parity Act of 2021, the Secretary shall issue regulations that restrict smoking marihuana in federally assisted housing in the same manner and same locations as the Secretary restricts smoking tobacco in public housing under subpart G of title 24, Code of Federal Regulations (or any successor regulation). ``(c) Marihuana Defined.--In this section, the term `marihuana' has the meaning given such term in section 102 of the Controlled Substances Act (21 U.S.C. 802).''. <all>

Marijuana in Federally Assisted Housing Parity Act of 2021

To provide that an individual who uses marijuana in compliance with State law may not be denied occupancy of federally assisted housing, and for other purposes.

Marijuana in Federally Assisted Housing Parity Act of 2021

Del. Norton, Eleanor Holmes

D

DC

S.3857

International Affairs

This bill revokes certain waivers of sanctions relating to Iran's nuclear activity, including for (1) the modernization or redesign of the Arak reactor, and (2) the preparation or modification of centrifuge cascades at the Fordow facility. The bill also prohibits the President from issuing a new waiver relating to such activities.

To terminate certain waivers of sanctions with respect to Iran issued in connection with the Joint Comprehensive Plan of Action, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TERMINATION OF CERTAIN WAIVERS OF SANCTIONS WITH RESPECT TO NUCLEAR ACTIVITIES IN OR WITH IRAN. (a) In General.--Effective on the date of the enactment of this Act, any waiver of the application of sanctions provided for under sections 1244, 1245, 1246, and 1247 of the Iran Freedom and Counter- Proliferation Act of 2012 (22 U.S.C. 8803, 8804, 8805, and 8806) for or to enable an activity described in subsection (b) is terminated, and the President may not issue a new such waiver for such an activity on or after such date of enactment. (b) Activities Described.--An activity described in this subsection is an activity in or with Iran with respect to which a waiver described in subsection (a) was issued in connection with the Joint Comprehensive Plan of Action, including the following: (1) Modernization or redesign of the Arak reactor. (2) Preparation or modification of centrifuge cascades at the Fordow facility for stable isotope production. (3) Operations, training, or services related to the Bushehr Nuclear Power Plant, including fuel delivery and take- back. (4) Transfer of uranium into or outside Iran, including natural uranium, enriched uranium, or nuclear fuel scrap. (5) Transfer or storage of Iranian heavy water, inside or outside of Iran. (c) Joint Comprehensive Plan of Action Defined.--In this section, the term ``Joint Comprehensive Plan of Action'' means the Joint Comprehensive Plan of Action signed at Vienna on July 14, 2015, by Iran and by France, Germany, the Russian Federation, the People's Republic of China, the United Kingdom, and the United States, and all implementing materials and agreements related to the Joint Comprehensive Plan of Action. <all>

A bill to terminate certain waivers of sanctions with respect to Iran issued in connection with the Joint Comprehensive Plan of Action, and for other purposes.

A bill to terminate certain waivers of sanctions with respect to Iran issued in connection with the Joint Comprehensive Plan of Action, and for other purposes.

Official Titles - Senate Official Title as Introduced A bill to terminate certain waivers of sanctions with respect to Iran issued in connection with the Joint Comprehensive Plan of Action, and for other purposes.

Sen. Cruz, Ted

R

TX

H.R.9305

Labor and Employment

Justice for Local Communities and Workers Act This bill expands the notification requirement for plant closures and mass layoffs under the Worker Adjustment and Retraining Notification Act to include notices to Members of Congress. The bill provides that an employer's notice of a plant closing or mass layoff shall not be considered valid unless the employer, prior to serving such notice, covers the cost of an economic impact study to assess the economic impact of such an order. An employer who is not experiencing economic hardship and who orders a plant closing or mass layoff must make payments to the Impacted Workers Fund, created by this bill, to cover the financial losses of states resulting from such an order.

To amend the Worker Adjustment and Retraining Notification Act to require employers who are ordering a plant closing or mass layoff to cover the cost of an economic impact study in each impacted unit of local 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 ``Justice for Local Communities and Workers Act''. SEC. 2. DEFINITIONS. Section 2(a) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101(a)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by inserting before the semicolon at the end the following: ``, without regard to the number of employees employed within a single site of employment''; and (B) in subparagraph (B), by inserting before the semicolon at the end the following: ``, without regard to the number of employees employed within a single site of employment''; (2) in paragraph (2)-- (A) by striking ``means the permanent'' and inserting the following: ``means-- ``(A) the permanent''; (B) in subparagraph (A), as so designated by this paragraph, by striking ``50 or more employees excluding any part-time employees'' and inserting ``25 or more full-time employees or 75 or more full-time or part- time employees; or''; and (C) by adding at the end the following: ``(B) a permanent or temporary shutdown of a single site of employment of multiple employers, if such employers contract with a common employer of the affected employees and if such shutdown results in a combined employment loss during any 30-day period for 50 or more employees, excluding any part-time employees.''; and (3) in paragraph (3)(B), by striking clauses (i) and (ii) and inserting the following: ``(i) at least 33 percent of the employees (excluding any part-time employees); and ``(ii) 25 or more full-time employees or 75 or more full-time or part-time employees.''. SEC. 3. NOTIFICATION. Section 3(a) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102) is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) in paragraph (2)-- (A) by inserting ``the State representatives for such State,'' before ``and the chief''; and (B) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(3) to each Member of Congress representing such State or the Congressional district in which such unit is located.''. SEC. 4. ECONOMIC IMPACT STUDY. Section 3 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102) is amended by adding at the end the following: ``(e) Economic Impact Study.-- ``(1) In general.--A notice served by an employer under subsection (a) before ordering a plant closing or mass layoff shall not be considered valid unless, not less than 30 days prior to serving such notice, the employer covers the cost of, and ensures that each unit of local government within which such closing or layoff is to occur completes (directly or through a contract), an economic impact study to assess the economic impact of such order during the 1-year period beginning on the first day of such closure or layoff on such unit, which shall include-- ``(A) a review of the finances of the employer to determine if the employer is financially viable (as such term is defined by the Secretary of the Treasury) to make the payments described in paragraph (2), which determination shall include whether the employer is experiencing economic hardship; and ``(B) in a case in which an employer is not experiencing economic hardship, an assessment of direct and indirect financial losses (including impact on local businesses (such as downstream job and supply chain loss and decreases in customer base), and impact on tax revenue) that will be experienced by such unit. ``(2) Payment by employer.-- ``(A) In general.--In the case of an employer that is not experiencing an economic hardship and that orders a plant closing or mass layoff, the employer not later than 30 days prior to such closure or mass layoff, shall-- ``(i) pay to the Impacted Workers Fund established under section 505 of the Public Works and Economic Development Act of 1965 (if such a Fund has been established) of the State in which each county is located that, in accordance with paragraph (1)(B), will experience financial losses as a result of such order, an amount equal to such financial losses to be dispersed in accordance with such section; or ``(ii) in a case in which the Fund described in clause (i) has not been established, pay to the workforce development system (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)) of the State in which each county is located that, in accordance with paragraph (1)(B), will experience financial losses as a result of such order, an amount equal to such financial losses to be dispersed in accordance with such section. ``(B) Private right of action.--A unit of local government aggrieved by an employer that violates subparagraph (A), may sue in any district court of the United States for any district in which the violation is alleged to have occurred, or in which the employer transacts business. ``(3) Guidance by the secretary.--Not later than 6 months after the date of enactment of the Justice for Local Communities and Workers Act, the Secretary of Labor shall issue guidance on conducting the economic impact studies. ``(4) Grants to cover the cost of economic impact studies.-- ``(A) In general.--The Secretary of Labor shall award grants to employers subject to the requirements of paragraph (1) the cost an economic impact study required under such paragraph. ``(B) Application.--To receive a grant under this paragraph, an employer shall submit to the Secretary of Labor an application at such time, in such manner, and containing such information as the Secretary may require.''. SEC. 5. ADMINISTRATION AND ENFORCEMENT OF REQUIREMENTS. Section 5 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2104) is amended-- (1) in subsection (a)(1)(A)(i), by inserting ``twice'' before ``the average regular''; and (2) in subsection (b), by striking ``The remedies'' and inserting ``Except as otherwise provided in section 3(e)(2)(B), the remedies''. SEC. 6. COOPERATIVE AGREEMENTS TO ESTABLISH IMPACTED WORKERS FUNDS. (a) In General.--The Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.) is amended by inserting after section 504 the following: ``SEC. 505. COOPERATIVE AGREEMENTS TO ESTABLISH IMPACTED WORKERS FUNDS. ``(a) In General.--To be eligible to receive funds described in section 3(e)(2) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102(e)(2)) a State shall enter into a cooperative agreement with the Secretary under this section. ``(b) Cooperative Agreement Contents.--A cooperative agreement entered into under subsection (a) shall require a participating State to-- ``(1) establish and administer an Impacted Workers Fund (in this Act referred to as a `Fund') to receive amounts pursuant to section 3(e)(2) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102(e)(2)); and ``(2) ensure that amounts deposited into the fund are used to support only the jurisdiction of the unit of local government for which such amounts are deposited (as determined by an economic impact study under section 3(e) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102(e))), including for workforce training, income assistance, and wage insurance.''. (b) Conforming Amendment.--The table of contents in section 1(b) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 note) is amended by inserting after the item related to section 504 the following: ``Sec. 505. Cooperative agreements to establish Impacted Workers Funds.''. <all>

Justice for Local Communities and Workers Act

To amend the Worker Adjustment and Retraining Notification Act to require employers who are ordering a plant closing or mass layoff to cover the cost of an economic impact study in each impacted unit of local government, and for other purposes.

Justice for Local Communities and Workers Act

Rep. DeSaulnier, Mark

D

CA

S.1226

Government Operations and Politics

This bill designates the U.S. courthouse at 1501 North 6th Street in Harrisburg, Pennsylvania, as the Sylvia H. Rambo United States Courthouse.

[117th Congress Public Law 119] [From the U.S. Government Publishing Office] [[Page 136 STAT. 1186]] Public Law 117-119 117th Congress An Act To designate the United States courthouse located at 1501 North 6th Street in Harrisburg, Pennsylvania, as the ``Sylvia H. Rambo United States Courthouse'', and for other purposes. <<NOTE: May 10, 2022 - [S. 1226]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SYLVIA H. RAMBO UNITED STATES COURTHOUSE. (a) Designation.--The United States courthouse located at 1501 North 6th Street in Harrisburg, Pennsylvania, shall be known and designated as the ``Sylvia H. Rambo United States Courthouse''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse referred to in subsection (a) shall be deemed to be a reference to the ``Sylvia H. Rambo United States Courthouse''. Approved May 10, 2022. LEGISLATIVE HISTORY--S. 1226: --------------------------------------------------------------------------- CONGRESSIONAL RECORD: Vol. 167 (2021): Oct. 7, considered and passed Senate. Vol. 168 (2022): Mar. 30, considered and passed House. <all>

A bill to designate the United States courthouse located at 1501 North 6th Street in Harrisburg, Pennsylvania, as the "Sylvia H. Rambo United States Courthouse", and for other purposes.

A bill to designate the United States courthouse located at 1501 North 6th Street in Harrisburg, Pennsylvania, as the "Sylvia H. Rambo United States Courthouse", and for other purposes.

Official Titles - Senate Official Title as Introduced A bill to designate the United States courthouse located at 1501 North 6th Street in Harrisburg, Pennsylvania, as the "Sylvia H. Rambo United States Courthouse", and for other purposes.

Sen. Casey, Robert P., Jr.

D

PA

S.4754

Energy

This bill requires the Department of Energy to study the ability to meet aggregate electricity demand using supply- and demand-side resources. The study must address matters including (1) the effects of recent retirements of baseload electric generation on regional electric grids; and (2) uncertainty in future electricity demand trajectories from climate change, decarbonization, and other factors.

To require the Secretary of Energy to conduct a study and submit a report on national resource adequacy, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. STUDY AND REPORT ON NATIONAL RESOURCE ADEQUACY. (a) Definitions.--In this section: (1) Resource adequacy.--The term ``resource adequacy'' means the ability of supply side and demand-side resources to meet aggregate electricity demand (including losses). (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Study.--The Secretary shall conduct a comprehensive study on national resource adequacy to determine-- (1) how recent retirements of baseload electric generation have affected the regional firm capacity available for all regional electric grids; (2) the effects that planned retirements of baseload electric generation and the increased need for peaking capacity have or would have on energy shortfalls; (3) how the variable nature of certain sources of energy production and forecasting errors may impact resource adequacy and capacity accreditation; (4)(A) a range of potential future electricity demand trajectories that captures the uncertainty represented by a changing climate, decarbonization, and macroeconomic factors; and (B) whether that future electricity demand requires increasing firm capacity or interregional transmission to load match with regional peak power demand during all hours of the year; and (5) the extent to which variable generation technologies in concert with other technical and nontechnical solutions can provide adequate capacity to meet a range of potential future electricity demand trajectories. (c) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the results of the study conducted under subsection (b), including recommendations for Congress to ensure that the United States maintains necessary resource adequacy to meet forecasted demand. <all>

A bill to require the Secretary of Energy to conduct a study and submit a report on national resource adequacy, and for other purposes.

A bill to require the Secretary of Energy to conduct a study and submit a report on national resource adequacy, and for other purposes.

Official Titles - Senate Official Title as Introduced A bill to require the Secretary of Energy to conduct a study and submit a report on national resource adequacy, and for other purposes.

Sen. Braun, Mike

R

IN

S.4306

Health

Improving Access to Behavioral Health Integration Act This bill reauthorizes through FY2027 and expands a program that supports mental and behavioral health education and training for health care providers. Specifically, the bill expands the program by establishing grants for primary care practices to hire behavioral health providers or otherwise facilitate the adoption of models to integrate behavioral health and primary care. The Department of Health and Human Services must develop reporting requirements and metrics to measure the uptake of such models by primary care practices.

To support behavioral health integration into primary care practices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Access to Behavioral Health Integration Act''. SEC. 2. PROGRAM TO SUPPORT BEHAVIORAL HEALTH INTEGRATION. Section 760 of the Public Health Service Act (42 U.S.C. 294k) is amended-- (1) in the section heading, by striking ``training demonstration program'' and inserting ``program to support behavioral health integration''; (2) in subsection (a)-- (A) in paragraph (2), by striking ``; and'' and inserting a semicolon; (B) in paragraph (3)(B), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(4) supporting primary care practices in implementing evidence-based behavioral health integration programs that involve professionals whose primary job function is the direct screening, diagnosis, treatment, or recovery support of patients with or in recovery from a behavioral health disorder, such as physicians, psychiatric nurses, social workers, marriage and family therapists, mental health counselors, occupational therapists, psychologists, and peer support specialists.''; (3) by adding at the end of subsection (b) the following: ``(4) Behavioral health integration programs.--A recipient of a grant under subsection (a)(4) shall use the grant funds to-- ``(A) hire physicians, psychiatric nurses, social workers, marriage and family therapists, mental health counselors, occupational therapists, psychologists, or peer support specialists to provide behavioral health services; ``(B) identify and enter into contractual relationships with health care providers or vendors offering care management and behavioral health consultation to facilitate the adoption of behavioral health integration models; or ``(C) for such other purposes as the Secretary determines appropriate.''; (4) by adding at the end of subsection (c) the following: ``(4) Behavioral health integration programs.--To be eligible to receive a grant under subsection (a)(4), an entity shall be a primary care practice, including adult primary care practices and pediatric primary care practices.''; (5) by adding at the end of subsection (d) the following: ``(3) Behavioral health integration programs.--In awarding grants under subsection (a)(4), the Secretary shall give priority to eligible entities that-- ``(A) demonstrate a pathway to financially sustain the behavioral health integration program beyond the initial grant period, such as participation in value- based behavioral health integration models; ``(B) have the capacity to expand access to mental health and substance use disorder services in areas with demonstrated need, as determined by the Secretary, such as Tribal, rural, or other medically underserved communities; or ``(C) are practices that are eligible for technical assistance under section 1848(q)(11) of the Social Security Act on the basis of the number of professionals.''; (6) in subsection (f)-- (A) by striking ``demonstration program'' each place such term appears and inserting ``program''; (B) in paragraph (2)-- (i) in subparagraph (B), by striking ``; and'' and inserting a semicolon; (ii) by redesignating subparagraph (C) as subparagraph (D); and (iii) by inserting after subparagraph (B) the following: ``(C) an analysis of the uptake of behavioral health integration models in primary care practices; and''; and (C) by adding at the end the following: ``(3) Metrics for measuring the uptake of behavioral health integration models.--For purposes of the reporting requirement under paragraph (2)(C), the Secretary shall develop evidence- based metrics and reporting requirements to measure the uptake of behavioral health integration models by primary care practices, including by measuring the increase in provider capacity, patient access to behavioral health care, and patient outcomes. The Secretary shall consult with primary care and behavioral health professionals, and patient advocates when developing measures and performance metrics. ``(4) Publication of data.--The Secretary shall make public aggregate evaluation results collected through the study under paragraph (1) to facilitate identifying best practices and promising models for scale with respect to behavioral health integration programs.''; and (7) by amending subsection (g) to read as follows: ``(g) Authorization of Appropriations.--There are authorized to be appropriated, for each of fiscal years 2023 through 2027-- ``(1) to carry out the grant programs under paragraphs (1), (2), and (3) of subsection (a), $10,000,000; and ``(2) to carry out the grant program under subsection (a)(4), $30,000,000.''. <all>

Improving Access to Behavioral Health Integration Act

A bill to support behavioral health integration into primary care practices, and for other purposes.

Improving Access to Behavioral Health Integration Act

Sen. Smith, Tina

D

MN

S.3404

Public Lands and Natural Resources

This bill gives the consent of Congress for the amendment to the Constitution of New Mexico proposed by House Resolution 1 of the 55th Legislature of the State of New Mexico, First Session, 2021, titled A Joint Resolution Proposing an Amendment to Article 12, Section 7 of the Constitution of New Mexico to Provide for Additional Annual Distributions of the Permanent School Fund for Enhanced Instruction for Students at Risk of Failure, Extending the School Year, Teacher Compensation and Early Childhood Education; Requiring Congressional Approval for Distributions for Early Childhood Education.

To provide the consent of Congress to an amendment to the Constitution of the State of New Mexico. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CONSENT OF CONGRESS TO AMENDMENT TO THE CONSTITUTION OF THE STATE OF NEW MEXICO. Congress consents to the amendment to the Constitution of the State of New Mexico proposed by House Joint Resolution 1 of the 55th Legislature of the State of New Mexico, First Session, 2021, entitled ``A Joint Resolution Proposing an Amendment to Article 12, Section 7 of the Constitution of New Mexico to Provide for Additional Annual Distributions of the Permanent School Fund for Enhanced Instruction for Students at Risk of Failure, Extending the School Year, Teacher Compensation and Early Childhood Education; Requiring Congressional Approval for Distributions for Early Childhood Education''. Calendar No. 537 117th CONGRESS 2d Session S. 3404 [Report No. 117-186] _______________________________________________________________________

A bill to provide the consent of Congress to an amendment to the Constitution of the State of New Mexico.

A bill to provide the consent of Congress to an amendment to the Constitution of the State of New Mexico.

Official Titles - Senate Official Title as Introduced A bill to provide the consent of Congress to an amendment to the Constitution of the State of New Mexico.

Sen. Heinrich, Martin

D

NM

H.R.4644

Immigration

Fairness for High-Skilled Americans Act of 2021 This bill eliminates the Optional Practical Training Program or any successor program, unless Congress expressly authorizes such a program. (The program provides an F-1 student visa holder temporary employment authorization before or after completion of the student's studies, or both.)

To amend the Immigration and Nationality Act to eliminate the Optional Practical Training 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 ``Fairness for High-Skilled Americans Act of 2021''. SEC. 2. ELIMINATING THE OPTIONAL PRACTICAL TRAINING PROGRAM. Section 274A(h) of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended by adding at the end the following: ``(4) Employment authorization for aliens no longer engaged in full-time study in the united states.--Notwithstanding any other provision of law, no alien present in the United States as a nonimmigrant under section 101(a)(15)(F)(i) may be provided employment authorization in the United States pursuant to the Optional Practical Training Program, or any such successor program, without an express Act of Congress authorizing such a program.''. <all>

Fairness for High-Skilled Americans Act of 2021

To amend the Immigration and Nationality Act to eliminate the Optional Practical Training Program, and for other purposes.

Fairness for High-Skilled Americans Act of 2021

Rep. Gosar, Paul A.

R

AZ

H.R.3953

Commerce

Unsubscribe Act of 2021 This bill requires that certain consumer protections are included in negative option agreements (i.e., an agreement under which a consumer's failure to take an affirmative action is considered approval to be charged for goods or services). These agreements are prohibited unless the terms provide the consumer with a way to cancel the agreement, in the same manner by which the agreement was entered, before incurring further or increased charges. Further, under free-to-pay conversion contracts, where a consumer is charged a nominal introductory rate and an increased rate after the introductory period ends, the provider of the good or service must require the consumer to perform an additional action, like clicking a confirmation button, before the increased rate takes effect. The bill also requires that certain notifications are provided to consumers in the context of other forms of negative option agreements online, such as notice between two and seven days before an automatic renewal. The bill provides for enforcement of these requirements by the Federal Trade Commission and state attorneys general.

To increase consumer protection with respect to negative option agreements entered in all media, including on and off the internet, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Unsubscribe Act of 2021''. SEC. 2. INCREASED CONSUMER PROTECTION WITH RESPECT TO NEGATIVE OPTION AGREEMENTS ENTERED INTO ON THE INTERNET. (a) Cancellation of Negative Option Agreements.--No person may enter into a negative option agreement with any consumer, unless the negative option agreement provides the consumer with a mechanism to cancel the agreement in the same manner, and by the same means, into which the agreement was entered. (b) Requirements for Free-To-Pay Conversion Contracts.-- (1) In general.--It shall be unlawful for any person to charge or attempt to charge any consumer's credit card, debit card, bank account, or other financial account for any good or service sold in a free-to-pay conversion contract, unless-- (A) before obtaining the consumer's billing information, the person has obtained the consumer's express informed consent to enter into the contract and has provided the consumer with a notification of the terms of the contract, including the fact that-- (i) for an introductory period, the consumer will receive the good or service at no charge or for a nominal charge; and (ii) after the introductory period, the consumer will be charged or charged an increased amount for the good or service; and (B) before the initial charge or initial increase after the introductory period, the person requires the consumer to perform an additional affirmative action, such as clicking on a confirmation button or checking a box, which indicates the consumer's consent to be charged the amount disclosed. (2) Mandatory notifications.--After the introductory period in a free-to-pay conversion contract between any person and any consumer, and on a quarterly basis while the contract remains in effect, the person shall provide the consumer with a copy of the notification of the terms of the contract. (c) Mandatory Notifications With Respect to Other Negative Option Agreements.-- (1) Automatic renewal contracts.--With respect to an automatic renewal contract between any person and any consumer-- (A) between 2 and 7 days before the end of the initial fixed period in the contract, the person shall provide the consumer with a notification of the terms of the contract; and (B) after the initial fixed period in the contract, and on a quarterly basis while the contract remains in effect, the person shall provide the consumer with a copy of the notification of the terms of the contract. (2) Continuity plan contracts.--With respect to a continuity plan contract entered into between any person and any consumer, the person shall provide the consumer with a copy of the notification of the terms of the contract on a quarterly basis while the contract remains in effect. (d) Mandatory Notifications With Respect to Material Changes in Terms of Negative Option Agreements.--In the case of a material change in the terms of a negative option agreement between any person and a consumer, the person shall provide the consumer with a notification of the terms of the agreement as changed before the change takes effect. (e) Regulations.--The Federal Trade Commission may prescribe regulations under section 553 of title 5, United States Code, to carry out this Act. SEC. 3. ENFORCEMENT. (a) By Federal Trade Commission.-- (1) In general.--A violation of this Act or any regulation prescribed under this Act shall be treated as a violation of a rule issued under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (2) Penalties.--Any person who violates this Act or any regulation prescribed under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated in and made part of this Act. (b) By State Attorneys General.-- (1) In general.--Except as provided in paragraph (5), the attorney general of a State or other authorized State officer alleging a violation of this Act or any regulation prescribed under this Act that affects or may affect the State or the residents of the State may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found, resides, or transacts business, or wherever venue is proper under section 1391 of title 28, United States Code, to obtain appropriate injunctive relief. (2) Notice to commission required.--A State shall provide prior written notice to the Federal Trade Commission of any civil action brought under paragraph (1) with a copy of the complaint for the civil action, except that if providing such prior notice is not feasible for the State, the State shall provide notice immediately upon instituting the civil action. (3) Intervention by the commission.--The Federal Trade Commission may intervene in a civil action brought under paragraph (1) and upon intervening-- (A) may be heard on all matters arising in the civil action; and (B) may file petitions for appeal of a decision in the civil action. (4) Construction.--Nothing in this subsection shall be construed-- (A) to prevent the attorney general of a State or other authorized State officer from exercising the powers conferred on the attorney general or other authorized State officer by the laws of the State; or (B) to prohibit the attorney general of a State or other authorized State officer from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. (5) Limitation.--An action may not be brought under this subsection if, at the time the action is brought, the same alleged violation is the subject of a pending action by the Federal Trade Commission or the United States. SEC. 4. PREEMPTION OF DIRECTLY CONFLICTING STATE LAW. This Act supersedes any State law to the extent such law directly conflicts with the provisions of this Act, or a standard, rule, or regulation promulgated under this Act, and then only to the extent of such direct conflict. Any State law, rule, or regulation shall not be considered in direct conflict if it affords a greater level of protection to individuals protected under this Act. SEC. 5. DEFINITIONS. In this Act: (1) Automatic renewal contract.--The term ``automatic renewal contract'' means a contract between any person and any consumer for a good or service that is automatically renewed after an initial fixed period, unless the consumer instructs otherwise. (2) Continuity plan contract.--The term ``continuity plan contract'' means a contract between any person and any consumer under which the consumer agrees to incur charges in exchange for periodic shipments of goods or the provision of services, unless the consumer instructs otherwise. (3) Free-to-pay conversion contract.--The term ``free-to- pay conversion contract'' means a contract between any person and any consumer under which-- (A) for an introductory period, the consumer receives a good or service at no charge or for a nominal charge; and (B) after the introductory period, the consumer is charged or charged an increased amount for the good or service. (4) Negative option agreement.--The term ``negative option agreement'' means-- (A) an automatic renewal contract; (B) a continuity plan contract; (C) a free-to-pay conversion contract; (D) a pre-notification negative option plan contract; or (E) any combination of the contracts described in subparagraphs (A) through (D). (5) Notification.--The term ``notification'', when used with respect to the terms of a contract, means a written notification that clearly, conspicuously, and concisely states all material terms of the contract, including information regarding the cancellation process. (6) Pre-notification negative option plan contract.--The term ``pre-notification negative option plan contract'' means a contract between any person and any consumer under which the consumer receives periodic notices offering goods and, unless the consumer specifically rejects the offer, the consumer automatically receives the goods and incurs a charge for such goods. SEC. 6. EFFECTIVE DATE. This Act shall apply with respect to contracts entered into after the date that is 1 year after the date of the enactment of this Act. <all>

Unsubscribe Act of 2021

To increase consumer protection with respect to negative option agreements entered in all media, including on and off the internet, and for other purposes.

Unsubscribe Act of 2021

Rep. Takano, Mark

D

CA

H.R.8601

Public Lands and Natural Resources

Dolores River National Conservation Area and Special Management Area Act This bill establishes the Dolores River National Conservation Area and the Dolores River Special Management Area in Colorado. A management plan must be developed for each area. The bill allows for the continued use of the areas by members of Indian tribes for traditional ceremonies and as a source of traditional plants and other materials. The Department of the Interior shall establish the Dolores River National Conservation Area Advisory Council. The bill releases the areas from further study for designation for potential addition to the Wild and Scenic Rivers System.

To establish the Dolores River National Conservation Area and the Dolores River Special Management Area in the State of Colorado, to protect private water rights in the State, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Dolores River National Conservation Area and Special Management Area 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. TITLE I--DOLORES RIVER NATIONAL CONSERVATION AREA Sec. 101. Establishment of Dolores River National Conservation Area. Sec. 102. Management of Conservation Area. Sec. 103. Dolores River National Conservation Area Advisory Council. TITLE II--DOLORES RIVER SPECIAL MANAGEMENT AREA Sec. 201. Designation of Dolores River Special Management Area. Sec. 202. Management of Special Management Area. TITLE III--TECHNICAL MODIFICATIONS TO POTENTIAL ADDITIONS TO NATIONAL WILD AND SCENIC RIVERS SYSTEM Sec. 301. Purpose. Sec. 302. Release of Dolores River study area. Sec. 303. Applicability of continuing consideration provision. TITLE IV--GENERAL PROVISIONS Sec. 401. Management of covered land. Sec. 402. Protection of water rights and other interests. Sec. 403. Effect on private property and regulatory authority. Sec. 404. Tribal rights and traditional uses. SEC. 2. DEFINITIONS. In this Act: (1) Conservation area.--The term ``Conservation Area'' means the Dolores River National Conservation Area established by section 101(a). (2) Council.--The term ``Council'' means the Dolores River National Conservation Area Advisory Council established under section 103(a). (3) Covered land.--The term ``covered land'' means-- (A) the Conservation Area; and (B) the Special Management Area. (4) Dolores project.--The term ``Dolores Project'' has the meaning given the term in section 3 of the Colorado Ute Indian Water Rights Settlement Act of 1988 (Public Law 100-585; 102 Stat. 2974). (5) Map.--The term ``Map'' means the map prepared by the Bureau of Land Management entitled ``Proposed Dolores River National Conservation Area and Special Management Area'' and dated July 13, 2022. (6) 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). (7) Secretary.--The term ``Secretary'' means-- (A) in title I, the Secretary of the Interior; (B) in title II, the Secretary of Agriculture; and (C) in title IV-- (i) the Secretary of the Interior, with respect to land under the jurisdiction of the Secretary of the Interior; and (ii) the Secretary of Agriculture, with respect to land under the jurisdiction of the Secretary of Agriculture. (8) Special management area.--The term ``Special Management Area'' means the Dolores River Special Management Area established by section 201(a). (9) State.--The term ``State'' means the State of Colorado. (10) Unreasonably diminish.--The term ``unreasonably diminish'' is within the meaning of the term used in section 7(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1278(a)) and has the meaning of the term as applied in appendix D of the Technical Report of the Interagency Wild and Scenic Rivers Coordinating Council entitled ``Wild & Scenic Rivers: Section 7'' and dated October 2004. (11) Water resource project.--The term ``water resource project'' means any dam, irrigation and pumping facility, reservoir, water conservation work, aqueduct, canal, ditch, pipeline, well, hydropower project, and transmission and other ancillary facility, and other water diversion, storage, and carriage structure. TITLE I--DOLORES RIVER NATIONAL CONSERVATION AREA SEC. 101. ESTABLISHMENT OF DOLORES RIVER NATIONAL CONSERVATION AREA. (a) Establishment.-- (1) In general.--Subject to valid existing rights, there is established the Dolores River National Conservation Area in the State. (2) Area included.--The Conservation Area shall consist of approximately 53,187 acres of Bureau of Land Management land in the State, as generally depicted on the Map. (b) Purpose.--The purpose of the Conservation Area is to conserve, protect, and enhance the native fish, whitewater boating, recreational, scenic, cultural, archaeological, natural, geological, historical, ecological, watershed, wildlife, educational, and scientific resources of the Conservation Area. (c) Map and Legal Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Conservation Area with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (2) Effect.--The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct minor errors in the map or legal description. (3) Public availability.--A copy of the map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. SEC. 102. MANAGEMENT OF CONSERVATION AREA. (a) In General.--The Secretary shall manage the Conservation Area in accordance with-- (1) this Act; (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (3) other applicable laws. (b) Uses.--Subject to the provisions of this Act, the Secretary shall allow only such uses of the Conservation Area as are consistent with the purpose described in section 101(b). (c) Management Plan.-- (1) Plan required.-- (A) In general.--Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a management plan for the long-term protection, management, and monitoring of the Conservation Area. (B) Review and revision.--The management plan under subparagraph (A) shall, from time to time, be subject to review and revision, in accordance with-- (i) this Act; (ii) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (iii) other applicable laws. (2) Consultation and coordination.--The Secretary shall prepare and revise the management plan under paragraph (1)-- (A) in consultation with-- (i) the State; (ii) units of local government; (iii) the public; (iv) the Council; and (v) the Native Fish Monitoring and Recommendation Team, as described in section 402(b)(1); and (B) in coordination with the Secretary of Agriculture, with respect to the development of the separate management plan for the Special Management Area, as described in section 202(c). (3) Recommendations.--In preparing and revising the management plan under paragraph (1), the Secretary shall take into consideration any recommendations from the Council. (4) Treaty rights.--In preparing and revising the management plan under paragraph (1), taking into consideration the rights and obligations described in section 402, the Secretary shall ensure that the management plan does not alter or diminish-- (A) the treaty rights of any Indian Tribe; (B) any rights described in the Colorado Ute Indian Water Rights Settlement Act of 1988 (Public Law 100- 585; 102 Stat. 2973); or (C) the operation or purposes of the Dolores Project. (d) Incorporation of Acquired Land and Interests.--Any land or interest in land located within the boundary of the Conservation Area that is acquired by the United States in accordance with section 401(c) after the date of enactment of this Act shall-- (1) become part of the Conservation Area; and (2) be managed as provided in this section. (e) Department of Energy Leases.-- (1) In general.--Nothing in this title affects valid leases or lease tracts existing on the date of enactment of this Act issued under the uranium leasing program of the Department of Energy within the boundaries of the Conservation Area. (2) Management.-- (A) In general.--Subject to subparagraph (B), land designated for the program described in paragraph (1) shall be-- (i) exempt from section 401(b); and (ii) managed in a manner that allow the leases to fulfill the purposes of the program, consistent with the other provisions of this title and title IV. (B) Designation.--Land subject to a lease described in paragraph (1) shall be considered part of the Conservation Area and managed in accordance with other provisions of this title on a finding by the Secretary that-- (i)(I) the lease has expired; and (II) the applicable lease tract has been removed from the leasing program by the Secretary of Energy; and (ii) the land that was subject to the lease is suitable for inclusion in the Conservation Area. (C) Effect.--Nothing in subparagraph (B) prevents the Secretary of Energy from extending any lease described in paragraph (1). SEC. 103. DOLORES RIVER NATIONAL CONSERVATION AREA ADVISORY COUNCIL. (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an advisory council, to be known as the ``Dolores River National Conservation Area Advisory Council''. (b) Duties.--The Council shall advise-- (1) the Secretary with respect to the preparation, implementation, and monitoring of the management plan prepared under section 102(c); and (2) the Secretary of Agriculture with respect to the preparation, implementation, and monitoring of the management plan prepared under section 202(c). (c) Applicable Law.--The Council shall be subject to-- (1) the Federal Advisory Committee Act (5 U.S.C. App.); (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (3) this Act. (d) Membership.-- (1) In general.--The Council shall include 13 members to be appointed by the Secretary, of whom, to the extent practicable-- (A) 2 members shall represent agricultural water user interests in the Conservation Area or the Dolores River watershed, of whom 1 shall represent the Dolores Water Conservancy District; (B) 2 members shall represent conservation interests in the Conservation Area; (C) 2 members shall represent recreation interests in the Conservation Area, 1 of whom shall represent whitewater boating interests; (D) 1 member shall be a representative of Dolores County, Colorado; (E) 1 member shall be a representative of San Miguel County, Colorado; (F) 1 member shall be a representative of Montezuma County, Colorado; (G) 1 member shall be a private landowner that owns land in immediate proximity to the Conservation Area; (H) 1 member shall be a representative of Colorado Parks and Wildlife; (I) 1 member shall be a holder of a grazing- allotment permit in the Conservation Area; and (J) 1 member shall be a representative of the Ute Mountain Ute Tribe. (2) Representation.-- (A) In general.--The Secretary shall ensure that the membership of the Council is fairly balanced in terms of the points of view represented and the functions to be performed by the Council. (B) Requirements.-- (i) In general.--The members of the Council described in subparagraphs (B) and (C) of paragraph (1) shall be residents that live within reasonable proximity to the Conservation Area. (ii) County representatives.--The members of the Council described in subparagraphs (D) and (E) of paragraph (1) shall be-- (I) residents of the respective counties referred to in those subparagraphs; and (II) capable of representing the interests of the applicable board of county commissioners. (e) Terms of Office.-- (1) In general.--The term of office of a member of the Council shall be 5 years. (2) Reappointment.--A member may be reappointed to the Council on completion of the term of office of the member. (f) Compensation.--A member of the Council-- (1) shall serve without compensation for service on the Council; but (2) may be reimbursed for qualified expenses of the member. (g) Chairperson.--The Council shall elect a chairperson from among the members of the Council. (h) Meetings.-- (1) In general.--The Council shall meet at the call of the chairperson-- (A) not less frequently than quarterly until the management plan under section 102(c) is developed; and (B) thereafter, at the call of the Secretary. (2) Public meetings.--Each meeting of the Council shall be open to the public. (3) Notice.--A notice of each meeting of the Council shall be published in advance of the meeting. (i) Technical Assistance.--The Secretary shall provide, to the maximum extent practicable in accordance with applicable law, any information and technical services requested by the Council to assist in carrying out the duties of the Council. (j) Renewal.--The Secretary shall ensure that the Council charter is renewed as required under applicable law. (k) Duration.--The Council-- (1) shall continue to function for the duration of existence of the Conservation Area; but (2) on completion of the management plan, shall only meet-- (A) at the call of the Secretary; or (B) in the case of a review or proposed revision to the management plan. TITLE II--DOLORES RIVER SPECIAL MANAGEMENT AREA SEC. 201. DESIGNATION OF DOLORES RIVER SPECIAL MANAGEMENT AREA. (a) Establishment.-- (1) In general.--Subject to valid existing rights, there is established the Dolores River Special Management Area in the State. (2) Area included.--The Special Management Area shall consist of approximately 15,664 acres of Federal land in the San Juan National Forest in the State, as generally depicted on the Map. (b) Purpose.--The purpose of the Special Management Area is to conserve, protect, and enhance the native fish, whitewater boating, recreational, scenic, cultural, archaeological, natural, geological, historical, ecological, watershed, wildlife, educational, and scientific resources of the Special Management Area. (c) Map and Legal Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Special Management Area with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (2) Effect.--The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct minor errors in the map or legal description. (3) Public availability.--A copy of the map and legal description shall be on file and available for public inspection in the appropriate offices of the Forest Service. SEC. 202. MANAGEMENT OF SPECIAL MANAGEMENT AREA. (a) In General.--The Secretary shall manage the Special Management Area in accordance with-- (1) this Act; (2) the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.); and (3) other applicable laws. (b) Uses.--The Secretary shall allow only such uses of the Special Management Area as the Secretary determines would further the purpose of the Special Management Area, as described in section 201(b). (c) Management Plan.-- (1) Plan required.-- (A) In general.--Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a management plan for the long-term protection, management, and monitoring of the Special Management Area. (B) Review and revision.--The management plan under subparagraph (A) shall, from time to time, be subject to review and revision in accordance with-- (i) this Act; (ii) the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.); and (iii) other applicable laws. (2) Consultation and coordination.--The Secretary shall prepare and revise the management plan under paragraph (1)-- (A) in consultation with-- (i) the State; (ii) units of local government; (iii) the public; (iv) the Council; and (v) the Native Fish Monitoring and Recommendation Team, as described in section 402(b)(1); and (B) in coordination with the Secretary of the Interior, with respect to the development of the separate management plan for the Conservation Area, as described in section 102(c). (3) Recommendations.--In preparing and revising the management plan under paragraph (1), the Secretary shall take into consideration any recommendations from the Council. (4) Treaty rights.--In preparing and revising the management plan under paragraph (1), taking into consideration the rights and obligations described in section 402, the Secretary shall ensure that the management plan does not alter or diminish-- (A) the treaty rights of any Indian Tribe; (B) any rights described in the Colorado Ute Indian Water Rights Settlement Act of 1988 (Public Law 100- 585; 102 Stat. 2973); or (C) the operation or purposes of the Dolores Project. (d) Incorporation of Acquired Land and Interests.--Any land or interest in land located within the boundary of the Special Management Area that is acquired by the United States in accordance with section 401(c) after the date of enactment of this Act shall-- (1) become part of the Special Management Area; and (2) be managed as provided in this section. TITLE III--TECHNICAL MODIFICATIONS TO POTENTIAL ADDITIONS TO NATIONAL WILD AND SCENIC RIVERS SYSTEM SEC. 301. PURPOSE. The purpose of this title is to release portions of the Dolores River and certain tributaries from designation for potential addition under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) or from further study under that Act. SEC. 302. RELEASE OF DOLORES RIVER STUDY AREA. Section 5(a)(56) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)(56)) is amended by inserting ``and the segments of the Dolores River located in the Dolores River National Conservation Area designated by the Dolores River National Conservation Area and Special Management Area Act'' before the period at the end. SEC. 303. APPLICABILITY OF CONTINUING CONSIDERATION PROVISION. Section 5(d)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(d)(1)) shall not apply to-- (1) the Conservation Area; or (2) the Special Management Area. TITLE IV--GENERAL PROVISIONS SEC. 401. MANAGEMENT OF COVERED LAND. (a) Motorized Vehicles.-- (1) In general.--Except in cases in which motorized vehicles are needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the covered land shall be permitted only on designated routes. (2) Road construction.--Except as necessary for administrative purposes, protection of public health and safety, or providing reasonable access to private property, the Secretary shall not construct any permanent or temporary road within the covered land after the date of enactment of this Act. (b) Withdrawals.--Subject to valid existing rights, all public land within the covered land, including any land or interest in land that is acquired by the United States within the covered land after the date of enactment of this Act, is withdrawn from-- (1) entry, appropriation or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws, except as provided in section 102(e). (c) Willing Sellers.--Any acquisition of land or interests in land under this Act shall be only by purchase from willing sellers, donation, or exchange. (d) Grazing.--The Secretary shall issue and administer any grazing leases or permits and trailing permits and administer allotments in the covered land in accordance with the laws (including regulations) applicable to the issuance and administration of leases and permits on other land under the jurisdiction of the Bureau of Land Management or Forest Service, as applicable. (e) Access to Private Land.--To ensure reasonable use and enjoyment of private property (whether in existence on the date of enactment of this Act or in an improved state), the Secretary shall grant reasonable and feasible access through the covered land to any private property that is located within or adjacent to the covered land, if other routes to the private property are blocked by physical barriers, such as the Dolores River or the cliffs of the Dolores River. (f) Easements.--The Secretary may lease or acquire easements on private land from willing lessors, donors, or sellers for recreation, access, conservation, or other permitted uses, to the extent necessary to fulfill the purposes of the Conservation Area or Special Management Area, as applicable. (g) Wildfire, Insect, and Disease Management.--The Secretary may take any measures that the Secretary determines to be necessary to control fire, insects, and diseases in the covered land (including, as the Secretary determines to be appropriate, the coordination of the measures with the State or a local agency). (h) Management of Ponderosa Gorge.-- (1) In general.--The Secretary shall manage the areas of the Conservation Area and Special Management Area identified on the Map as ``Ponderosa Gorge'' in a manner that maintains the wilderness character of those areas as of the date of enactment of this Act. (2) Prohibited activities.--Subject to paragraph (3), in the areas described in paragraph (1), the following activities shall be prohibited: (A) New permanent or temporary road construction or the renovation of nonsystem roads in existence on the date of enactment of this Act. (B) The use of motor vehicles, motorized equipment, or mechanical transport, except as necessary to meet the minimum requirements for the administration of the Federal land, to protect public health and safety, or to conduct ecological restoration activities to improve the aquatic habitat of the Dolores River channel. (C) Projects undertaken for the purpose of harvesting commercial timber (other than activities relating to the harvest of merchantable products that are byproducts of activities conducted for ecological restoration or to further the purposes of this Act). (3) Utility corridor.--Nothing in this subsection affects the operation, maintenance, or location of the utility right- of-way within the corridor, as depicted on the Map. (i) Effect.--Nothing in this Act prohibits the Secretary from issuing a new permit and right-of-way within the covered land for a width of not more than 150 feet for a right-of-way that serves a transmission line in existence on the date of enactment of this Act, on the condition that the Secretary shall relocate the right-of-way in a manner that furthers the purposes of this Act. (j) Climatological Data Collection.--Subject to such terms and conditions as the Secretary may require, nothing in this Act precludes the installation and maintenance of hydrologic, meteorological, or climatological collection devices in the covered land if the facilities and access to the facilities are essential to public safety, flood warning, flood control, water reservoir operation activities, or the collection of hydrologic data for water resource management purposes. SEC. 402. PROTECTION OF WATER RIGHTS AND OTHER INTERESTS. (a) Dolores Project.-- (1) Operation.--The Dolores Project and the operation of McPhee Reservoir shall continue to be the responsibility of, and be operated by, the Secretary, in cooperation with the Dolores Water Conservancy District, in accordance with applicable laws and obligations. (2) Effect.--Nothing in this Act affects the Dolores Project or the operation of McPhee Reservoir, in accordance with-- (A) the reclamation laws; (B) any applicable-- (i) Dolores Project water contract, storage contract, or carriage contract; or (ii) allocation of Dolores Project water; (C) the environmental assessment and finding of no significant impact prepared by the Bureau of Reclamation Upper Colorado Region and approved August 2, 1996; (D) the operating agreement entitled ``Operating Agreement, McPhee Dam and Reservoir, Contract No. 99- WC-40-R6100, Dolores Project, Colorado'' and dated April 25, 2000 (or any subsequent renewal or revision of that agreement); (E) mitigation measures for whitewater boating, including any such measure described in-- (i) the document entitled ``Dolores Project Colorado Definite Plan Report'' and dated April 1977; (ii) the Dolores Project final environmental statement dated May 9, 1977; or (iii) a document referred to in subparagraph (C) or (D); (F) applicable Federal or State laws relating to the protection of the environment, including-- (i) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (ii) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (iii) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and (G) the Colorado Ute Indian Water Rights Settlement Act of 1988 (Public Law 100-585; 102 Stat. 2973). (b) Management of Flows.-- (1) In general.--In managing available flows below McPhee Dam to conserve, protect, and enhance the resources described in sections 101(b) and 201(b) of the Dolores River within the covered land, including native fish and whitewater boating resources, the Secretary shall seek to provide regular and meaningful consultation and collaboration with interested stakeholders, including the Native Fish Monitoring and Recommendation Team, which includes water management entities, affected counties, conservation interests, whitewater boating interests, Colorado Parks and Wildlife, and the Ute Mountain Ute Tribe, during the process of decisionmaking. (2) Annual report.--Beginning on the date that is 1 year after the date of enactment of this Act and annually thereafter, the Commissioner of Reclamation shall prepare and make publically available a report that describes any progress with respect to the conservation, protection, and enhancement of native fish in the Dolores River. (c) Water Resource Projects.-- (1) In general.--Subject to valid existing rights and paragraph (2), after the date of enactment of this Act, the Secretary or any other officer, employee, or agent of the United States may not assist by loan, grant, license, or otherwise in the construction or modification of any water resource project-- (A) located on the covered land that would-- (i) affect the free-flowing character of any stream within the covered land; or (ii) unreasonably diminish the resource values described in sections 101(b) and 201(b) of the Dolores River within the covered land; or (B) located outside the covered land that would unreasonably diminish the resource values described in sections 101(b) and 201(b) of the Dolores River within the covered land. (2) Limitations.--Subject to the requirements of this section, nothing in paragraph (1)-- (A) prevents, outside the covered land-- (i) the construction of small diversion dams or stock ponds; (ii) new minor water developments in accordance with existing decreed water rights; or (iii) minor modifications to structures; or (B) affects access to, or operation, maintenance, repair, or replacement of, existing water resource projects. (d) Effect.--Nothing in this Act-- (1) affects-- (A) any water right that is-- (i) decreed under the laws of the State; and (ii) in existence on the date of enactment of this Act; (B) the use, allocation, ownership, or control, in existence on the date of enactment of this Act, of any water or water right; (C) any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States; (D) any interstate water compact in existence on the date of enactment of this Act; or (E) State jurisdiction over any water law, water right, or adjudication or administration relating to any water resource; (2) imposes-- (A) any mandatory streamflow requirement within the covered land; or (B) any Federal water quality standard within, or upstream of, the covered land that is more restrictive than would be applicable if the covered land had not been designated as the Conservation Area or Special Management Area under this Act; or (3) constitutes an express or implied reservation by the United States of any reserved or appropriative water right within the covered land. SEC. 403. EFFECT ON PRIVATE PROPERTY AND REGULATORY AUTHORITY. (a) Effect.--Nothing in this Act-- (1) affects valid existing rights; (2) requires any owner of private property to bear any costs associated with the implementation of the management plan under this Act; (3) affects the jurisdiction or responsibility of the State with respect to fish and wildlife in the State; (4) requires a change in or affects local zoning laws of the State or a political subdivision of the State; or (5) affects-- (A) the jurisdiction over, use, or maintenance of county roads in the covered land; or (B) the administration of the portion of the road that is not a county road and that is commonly known as the ``Dolores River Road'' within the Conservation Area, subject to the condition that the Secretary shall not improve the road beyond the existing primitive condition of the road. (b) Adjacent Management.-- (1) No buffer zones.--The designation of the Conservation Area and the Special Management Area by this Act shall not create any protective perimeter or buffer zone around the Conservation Area or Special Management Area, as applicable. (2) Private land.--Nothing in this Act requires the prohibition of any activity on private land outside the boundaries of the Conservation Area or the Special Management Area that can be seen or heard from within such a boundary. SEC. 404. TRIBAL RIGHTS AND TRADITIONAL USES. (a) Treaty Rights.--Nothing in this Act affects the treaty rights of any Indian Tribe, including rights under the Agreement of September 13, 1873, ratified by the Act of April 29, 1874 (18 Stat. 36, chapter 136). (b) Traditional Tribal Uses.--Subject to any terms and conditions as the Secretary determines to be necessary and in accordance with applicable law, the Secretary shall allow for the continued use of the covered land by members of Indian Tribes-- (1) for traditional ceremonies; and (2) as a source of traditional plants and other materials. <all>

Dolores River National Conservation Area and Special Management Area Act

To establish the Dolores River National Conservation Area and the Dolores River Special Management Area in the State of Colorado, to protect private water rights in the State, and for other purposes.

Dolores River National Conservation Area and Special Management Area Act

Rep. Boebert, Lauren

R

CO

S.27

Science, Technology, Communications

See Something, Say Something Online Act of 2021 This bill requires an interactive computer service (e.g., a social media company) that detects a suspicious transmission to submit a suspicious transmission activity report (STAR) describing the suspicious transmission. A suspicious transmission is any post, message, comment, tag, or other user-generated content or transmission that commits, facilitates, incites, promotes, or otherwise assists the commission of a major crime. Each STAR must be submitted to the Department of Justice and contain (1) the name, location, and other identification information submitted by the user; (2) the date and nature of the user-generated content or transmission detected for suspicious activity; and (3) any relevant text, information, and metadata related to the suspicious transmission. Any provider of an interactive computer service that fails to report a known suspicious transmission shall not be immune from liability for such transmission and may be held liable as a publisher for the related suspicious transmission.

To require reporting of suspicious transmissions in order to assist in criminal investigations and counterintelligence activities relating to international terrorism, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``See Something, Say Something Online Act of 2021''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) section 230 of the Communications Act of 1934 (47 U.S.C. 230) (commonly known as the ``Communications Decency Act of 1996'') was never intended to provide legal protection for websites or interactive computer services that do nothing after becoming aware of instances of individuals or groups planning, committing, promoting, and facilitating terrorism, serious drug offenses, and violent crimes; (2) it is not the intent of this Act to remove or strip all liability protection from websites or interactive computer services that are proactively working to resolve these issues; and (3) should websites or interactive service providers fail to exercise due care in the implementation, filing of the suspicious transmission activity reports, and reporting of major crimes, Congress intends to look at removing liability protections under the Communications Decency Act of 1996 in its entirety. SEC. 3. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of Justice. (2) Interactive computer service.--The term ``interactive computer service'' has the meaning given the term in section 230 of the Communications Act of 1934 (47 U.S.C. 230). (3) Known suspicious transmission.--The term ``known suspicious transmission'' is any suspicious transmission that an interactive computer service should have reasonably known to have occurred or have been notified of by a director, officer, employ, agent, interactive computer service user, or State or Federal law enforcement agency. (4) Major crime.--The term ``major crime'' means a Federal criminal offense-- (A) that is a crime of violence (as defined in section 16 of title 18, United States Code); (B) relating to domestic or international terrorism (as those terms are defined in section 2331 of title 18, United States Code); and (C) that is a serious drug offense (as defined in section 924(e) of title 18, United States Code). (5) STAR.--The term ``STAR'' means a suspicious transmission activity report required to be submitted under section 3. (6) Suspicious transmission.--The term ``suspicious transmission'' means any public or private post, message, comment, tag, transaction, or any other user-generated content or transmission that commits, facilitates, incites, promotes, or otherwise assists the commission of a major crime. SEC. 4. REPORTING OF SUSPICIOUS ACTIVITY. (a) Mandatory Reporting of Suspicious Transmissions.-- (1) In general.--If a provider of an interactive computer service detects a suspicious transmission, the interactive computer service, including any director, officer, employee, agent, or representative of such provider, shall submit to the Department a STAR describing the suspicious transmission in accordance with this section. (2) Requirements.-- (A) In general.--Except as provided in subparagraph (C), a STAR required to be submitted under paragraph (1) shall be submitted not later than 30 days after the date on which the interactive computer service-- (i) initially detects the suspicious transmission; or (ii) is alerted to the suspicious transmission on the platform of such service. (B) Immediate notification.--In the case of a suspicious transmission that requires immediate attention, such as an active sale or solicitation of sale of drugs or a threat of terrorist activity, the provider of an interactive computer service shall-- (i) immediately notify, by telephone, an appropriate law enforcement authority; and (ii) file a STAR in accordance with this section. (C) Delay of submission.--The 30-day period described in subparagraph (A) may be extended by 30 days if the provider of an interactive computer service provides a valid reason to the agency designated or established under subsection (b)(2). (b) Reporting Process.-- (1) In general.--The Attorney General shall establish a process by which a provider of an interactive computer service may submit STARs under this section. (2) Designated agency.-- (A) In general.--In carrying out this section, the Attorney General shall designate an agency within the Department, or, if the Attorney General determines appropriate, establish a new agency within the Department, to which STARs should be submitted under subsection (a). (B) Consumer reporting.--The agency designated or established under subparagraph (A) shall establish a centralized online resource, which may be used by individual members of the public to report suspicious activity related to major crimes for investigation by the appropriate law enforcement or regulatory agency. (C) Cooperation with industry.--The agency designated or established under subparagraph (A)-- (i) may conduct training for enforcement agencies and for providers of interactive computer services on how to cooperate in reporting suspicious activity; (ii) may develop relationships for promotion of reporting mechanisms and resources available on the centralized online resource required to be established under subparagraph (B); and (iii) shall coordinate with the National White Collar Crime Center to convene experts to design training programs for State and local law enforcement agencies, which may include using social media, online ads, paid placements, and partnering with expert non- profit organizations to promote awareness and engage with the public. (c) Contents.--Each STAR submitted under this section shall contain, at a minimum-- (1) the name, location, and other such identification information as submitted by the user to the provider of the interactive computer service; (2) the date and nature of the post, message, comment, tag, transaction, or other user-generated content or transmission detected for suspicious activity such as time, origin, and destination; and (3) any relevant text, information, and metadata related to the suspicious transmission. (d) Retention of Records and Nondisclosure.-- (1) Retention of records.--Each provider of an interactive computer service shall-- (A) maintain a copy of any STAR submitted under this section and the original record equivalent of any supporting documentation for the 5-year period beginning on the date on which the STAR was submitted; (B) make all supporting documentation available to the Department and any appropriate law enforcement agencies upon request; and (C) not later than 30 days after the date on which the interactive computer service submits a STAR under this section, take action against the website or account reported unless the provider of an interactive computer service receives a notification from a law enforcement agency that the website or account should remain open. (2) Nondisclosure.--Except as otherwise prescribed by the Attorney General, no provider of an interactive computer service, or officer, director, employee, or agent of such a provider, subject to an order under subsection (a) may disclose the existence of, or terms of, the order to any person. (e) Disclosure to Other Agencies.-- (1) In general.--Subject to paragraph (2), the Attorney General shall-- (A) ensure that STARs submitted under this section and reports from the public submitted under subsection (b)(2)(B) are referred as necessary to the appropriate Federal, State, or local law enforcement or regulatory agency; (B) make information in a STAR submitted under this section available to an agency, including any State financial institutions supervisory agency or United States intelligence agency, upon request of the head of the agency; and (C) develop a strategy to disseminate relevant information in a STAR submitted under this section in a timely manner to other law enforcement and government agencies, as appropriate, and coordinate with relevant nongovernmental entities, such as the National Center for Missing and Exploited Children. (2) Limitation.--The Attorney General may only make a STAR available under paragraph (1) for law enforcement purposes. (f) Compliance.--Any provider of an interactive computer service that fails to report a known suspicious transmission shall not be immune from civil or criminal liability for such transmission under section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)). (g) Application of FOIA.--Any STAR submitted under this section, and any information therein or record thereof, shall be exempt from disclosure under section 552 of title 5, United States Code, or any similar State, local, Tribal, or territorial law. (h) Rulemaking Authority.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall promulgate regulations to carry out this section. (i) Report.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall submit to Congress a report describing the plan of the Department for implementation of this Act, including a breakdown of the costs associated with implementation. (j) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this Act. SEC. 5. AMENDMENT TO COMMUNICATIONS DECENCY ACT. Section 230(e) of the Communications Act of 1934 (47 U.S.C. 230(e)) is amended by adding at the end the following: ``(6) Loss of liability protection for failure to submit suspicious transmission activity report.-- ``(A) Requirement.--Any provider of an interactive computer service shall take reasonable steps to prevent or address unlawful users of the service through the reporting of suspicious transmissions. ``(B) Failure to comply.--Any provider of an interactive computer service that fails to report a known suspicious transmission may be held liable as a publisher for the related suspicious transmission. ``(C) Rule of construction.--Nothing in this paragraph shall be construed to impair or limit any claim or cause of action arising from the failure of a provider of an interactive computer service to report a suspicious transmission.''. <all>

See Something, Say Something Online Act of 2021

A bill to require reporting of suspicious transmissions in order to assist in criminal investigations and counterintelligence activities relating to international terrorism, and for other purposes.

See Something, Say Something Online Act of 2021

Sen. Manchin, Joe, III

D

WV

H.R.9061

Crime and Law Enforcement

Facial Recognition Act of 2022 This bill places limitations on the use of facial recognition technology by law enforcement agencies and officers.

To regulate law enforcement use of facial recognition technology, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Facial Recognition Act of 2022''. SEC. 2. INELIGIBILITY FOR CERTAIN FUNDS. In the case of a State or unit of local government that received a grant award under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), if the State or unit of local government fails to substantially to comply with the requirements under this Act for a fiscal year, the Attorney General shall reduce the amount that would otherwise be awarded to that State or unit of local government under such grant program in the following fiscal year by 15 percent. SEC. 3. DEFINITIONS. In this Act: (1) Arrest photo database.--The term ``arrest photo database'' means a database populated primarily by booking or arrest photographs or photographs of persons encountered by an investigative or law enforcement officer. (2) Candidate list.--The term ``candidate list'' means the top images that a facial recognition system determines to most closely match a probe image. (3) Derived.--The term ``derived'' means that a Federal or State government would not have possessed the information or evidence but for the use of facial recognition, regardless of any claim that the information or evidence is attenuated from such recognition, and would inevitably have been discovered or obtained the information or evidence through other means. (4) Facial recognition.--The term ``facial recognition'' means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body, to infer emotion, associations, activities, or the location of an individual. (5) Face surveillance.--The term ``face surveillance'' means the use of facial recognition with real-time or stored video footage to track, observe, or analyze the movements, behavior, data, or actions of an individual or groups of individuals. (6) Illegitimately obtained information.--The term ``illegitimately obtained information'' means personal data or information that was obtained-- (A) in a manner that violates Federal, State, or Tribal law; (B) in a manner that violates a service agreement between a provider of an electronic communication service to the public or a provider of a remote computing service and customers or subscribers of that provider; (C) in a manner that is inconsistent with the privacy policy of a provider described in subparagraph (B), if applicable; (D) by deceiving a person whose information was obtained; (E) through the unauthorized access of an electronic device or online account; (F) in violation of a contract, court settlement, or other binding legal agreement; or (G) from unlawful or unconstitutional practices by any government official or entity. (7) Investigative or law enforcement officer.--The term ``investigative or law enforcement officer'' means-- (A) any officer of a State or a political subdivision thereof, or of the United States, who is empowered by law to conduct investigations of or to make arrests for civil or criminal offenses or violations of Federal or State law and any attorney authorized by law to prosecute or participate in the prosecution of such offenses; and (B) does not include any officer, employee, or contractor of a State department of motor vehicles. (8) Law enforcement agency.--The term ``law enforcement agency'' means any agency of the United States authorized to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of civil or criminal law. (9) Probe image.--The term ``probe image'' means an image of a person that is searched against a database of known, identified persons or an unsolved photo file. (10) Prosecutor.--The term ``prosecutor'' means the principal prosecuting attorney of a State or any political subdivision thereof and any attorney for the Government (as such term is defined for the purposes of the Federal Rules of Criminal Procedure). (11) Operational testing.--The term ``operational testing'' means testing that evaluates a complete facial recognition system as it is used in the field, including measuring false positive and false negative error rates for field uses of the system on operational or operationally representative data and under the environmental conditions and technical product settings and configurations typically used, as well as assessing the variability of system use by different users. (12) Reference photo database.--The term ``reference photo database'' means a database populated with photos of individuals that have been identified, including databases composed of driver's licenses, passports, or other documents made or issued by or under the authority of the United States Government, a State, a political subdivision thereof, databases operated by third parties, and arrest photo databases. (13) State.--The term ``State'' means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. TITLE I--USE OF FACIAL RECOGNITION BY LAW ENFORCEMENT SEC. 101. FACIAL RECOGNITION. (a) Reference Photo Databases.-- (1) In general.--An investigative or law enforcement officer may only use or request facial recognition in conjunction with a reference photo database pursuant to an order issued under subsection (b) and the emergencies and exceptions under subsection (c). (2) Maintenance.-- (A) In general.--Beginning on 180 days after the date of the enactment of this Act, and every six months thereafter, with respect to an arrest photo database used in conjunction with facial recognition, the custodian of such arrest photo database shall remove from such database all photos of each person who-- (i) has not attained 18 years of age; (ii) has been released without a charge; (iii) has been released after charges are dropped or dismissed; or (iv) was acquitted of the charged offense. (B) Rule of construction.--Nothing in this paragraph shall be construed to prohibit an investigative or law enforcement officer from using a database for other investigative procedures, such as finger printing, and shall only apply to the use of a reference photo database for the use of facial recognition. (3) Procedures.--Any agency responsible for maintaining and operating an arrest photo database shall establish procedures to ensure compliance with paragraph (3). (b) Orders.-- (1) Approval.--An application for a warrant to use a reference photo database may not be submitted for consideration by a court unless the head of a law enforcement agency (or a designee) approves such an application. (2) Authority.--Except as provided by subsection (d), the principal prosecutor of a State or any political subdivision thereof and any attorney for the Government (as such term is defined for the purposes of the Federal Rules of Criminal Procedure), may make an application to a court of competent jurisdiction for, in conformity with paragraph (3), an order authorizing the use of facial recognition in conjunction with a reference photo database within the jurisdiction of that judge. (3) Application.--Except as provided in subsection (c), a court of competent jurisdiction may issue an order authorizing the use of facial recognition in conjunction with a reference photo database if a prosecutor submits an application to that court that establishes the following: (A) The identity of the investigative or law enforcement officer making the application, and the officer authorizing the application. (B) As full and complete a description as possible of the person that the officer seeks to identify. (C) The photos or video portraying the person that will be used to search the reference photo database. (D) Any details regarding other investigative measures taken to identify such person and an explanation for why such measures failed or are reasonably unlikely to succeed. (E) Any other investigative procedures to identify such person have been tried and failed or are reasonably unlikely to succeed. (F) Probable cause to believe that such person has committed or is committing a particular offense or offenses enumerated in section 3559(c)(2)(F) of title 18, United States Code. (4) Contents of order.--The order described in this paragraph shall include the following: (A) All information required to be included in the application pursuant to such paragraph (3). (B) A prohibition on the use, for purposes of a search of a reference photo database, other than pursuant to another order under this Act, of any photo or video not specifically listed in the order. (C) A time period within which the search shall be made not more than 7 days, and after which no such search may be made, except pursuant to another order under this Act. (D) The authority under which the search is to be made. (5) Notice to the public.-- (A) In general.--Each State department of motor vehicles shall post notices in conspicuous locations at each department office, make written information available to all applicants at each office, and provide information on the department website regarding State investigative or law enforcement officers' searches of driver's license and ID photos through facial recognition. The notices, written information, and online information must describe how officers use and access facial recognition in criminal investigations. (B) Language requirement.--Notices required under subparagraph (A) shall be posted, as necessary and reasonable, in Spanish or any language common to a significant portion of the department's customers, if they are not fluent in English. The department shall provide translations of the poster and an electronic link that leads to the department's website upon request. (6) Conforming amendments.--Section 2721 of title 18, United States Code, is amended-- (A) in subsection (a)-- (i) in paragraph (1), by striking the ``or'' at the end; (ii) in paragraph (2), by striking the period at the end and inserting ``; or''; and (iii) by inserting after paragraph (2) the following: ``(3) a department operated facial recognition system, except as provided in subsection (e) of this section.''; (B) in subsection (b)(1), by inserting before the period at the end the following: ``but if the personal information or highly restricted personal information to be disclosed is a person's photograph to be used or enrolled in a law enforcement facial recognition system, only on a case-by-case basis that does not involve the bulk transfer of persons' photographs to a State or Federal law enforcement agency or a qualified third party entity that will allow law enforcement to access those photographs for the purposes of facial recognition''; and (C) by adding at the end the following: ``(e) Law Enforcement Access to Facial Recognition Systems.--A State department of motor vehicles, and any officer, employee, or contractor thereof, may make available a department-operated facial recognition system to a State or Federal law enforcement agency, or perform searches of such a system on behalf of the agency, only pursuant to an order issued under section 101 of the `facial recognition Act of 2022'.''. (c) Emergencies and Exceptions.-- (1) Initial use.--Notwithstanding subsections (a) and (b), an investigative or law enforcement officer may use or request facial recognition in conjunction with a reference photo database-- (A) to assist in identifying any person who is deceased, incapacitated or otherwise physically unable of identifying himself, or the victim of a crime, whom the officer determines, in good faith, cannot be identified through other means; (B) to assist in identifying a person whom the officer believes, in good faith, is the subject of an alert through an AMBER Alert communications network, as that term is used in section 301 of the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 (34 U.S.C. 20501); (C) to assist in identifying any person who has been lawfully arrested, during the process of booking that person after an arrest or during that person's custodial detention; or (D) to assist in identifying any person-- (i) if the appropriate prosecutor determines that an emergency situation exists-- (I) that involves immediate danger of death or serious physical injury to any person; or (II) that requires the use of facial recognition in conjunction with a reference photo database to occur before an order authorizing such use can, with due diligence, be obtained; and (ii) there are grounds upon which an order could be entered under this section to authorize such use. (2) Subsequent authorization.--If an investigative or law enforcement officer uses facial recognition pursuant to paragraph (1)(D), the prosecutor shall apply for an order approving the use under subsection (b) within 12 hours after the use occurred. The use shall immediately terminate when the application for approval is denied, or in the absence of an application, within 12 hours. In cases where an order is not obtained or denied, the officer shall destroy all information obtained as a result of the search. (3) Affidavit required.--With respect to use of facial recognition pursuant to paragraph (1)(D), an appropriate prosecutor shall submit an affidavit to the court identifying specific details on why they believe that an emergency situation under clause (i) exists. (d) State Law Preserved.--The authorities provided by subsections (b) and (c) do not authorize access reference photo databases maintained by a State, or a political subdivision of a State, unless State law expressly and unambiguously authorizes an investigative or law enforcement officer to-- (1) access driver's license and identification document photos; and (2) use facial recognition to conduct searches of those photos. SEC. 102. CIVIL RIGHTS AND CIVIL LIBERTIES. (a) In General.--An investigative or law enforcement officer may not-- (1) use facial recognition to create a record describing how any individual exercises rights guaranteed by the Constitution, including free assembly, association, and speech; (2) rely on actual or perceived race, ethnicity, national origin, religion, disability, gender, gender identity, or sexual orientation in selecting which person to subject to facial recognition, except when there is trustworthy information, relevant to the locality and time frame, in the context of a particular area and for a particular period of time, that links a person with a particular characteristic described in this subsection to an identified criminal incident or scheme; or (3) use facial recognition to enforce the immigration laws of the United States or share facial recognition data with other agencies for the purposes of enforcing the immigration laws of the United States. (b) Prohibition on Use With Body Cameras.--Any investigative or law enforcement officer may not use or request facial recognition in conjunction with any image obtained from a body camera worn by that or any other officer, dashboard camera, or any aircraft camera, including a drone. (c) Prohibition on Certain Facial Recognition.--Any investigative or law enforcement officer may not use or request facial recognition for the purpose of face surveillance. (d) Ensuring Corroboration and Preventing Over Reliance on Matches.--A facial recognition match may not be the sole basis upon which probable cause is established for a search, arrest, or other law enforcement action. Any investigative and law enforcement officers using information obtained from the use of facial recognition shall examine results with care and consider the possibility that matches could be inaccurate. (e) Prohibition on Illegitimately Obtained Information.--An investigative or law enforcement office may not use facial recognition in conjunction with a database that contains illegitimately obtained information. SEC. 103. LOGGING OF SEARCHES. A law enforcement agency whose investigative or law enforcement officers use facial recognition shall log its use of the facial recognition to the extent necessary to comply with the public reporting and audit requirements of sections 104 and 105 of this Act. SEC. 104. REPORTING. (a) State Reporting Required.-- (1) State judiciary.--Not later than the last day of the first January after the date of the enactment of this Act, and each January thereafter, each State judge who has issued a court order authorizing or approving facial recognition in conjunction with a reference photo database shall report to a State agency (as determined by the chief executive of the State) the following information: (A) The number of orders or extensions was applied for. (B) Whether the order or extension was issued pursuant to section 101(b) or section 102(c). (C) Whether the order or extension was granted as applied for, was modified, or was denied. (D) The offense specified in the order or application, or extension of an order. (E) The identity of the applying investigative or law enforcement officer and agency making the application and the person authorizing the application. (F) For orders issued pursuant to section 101(c), the reference photo database that was searched. (2) Prosecutors.--Not later than the last day of the first January after the date of the enactment of this Act, and each January thereafter, each State prosecutor, or a prosecutor of a political subdivision thereof, who has requested a court order authorizing or approving facial recognition in conjunction with a reference photo database shall report to a State agency (as determined by the chief executive of the State) the following information with respect to the use of facial recognition in conjunction with an reference photo database: (A) The number of such searches run. (B) The offenses that those searches were used to investigate, and for each offense, the number of searches run. (C) The arrests that such searches contributed to, and the offenses for which the arrests were made, disaggregated by race, ethnicity, gender, and age. (D) The number of convictions that such searches contributed to and the offenses for which the convictions were obtained, disaggregated by race, ethnicity, gender, and age. (E) The number of motions to suppress made with respect to those searches, and the number granted or denied. (F) The types and names of databases that were used and the number of photos removed with respect to arrest photo databases that were confirmed to have been removed in accordance with this section. (3) Report to bureau of justice assistance.--Not later than 90 days after such report is submitted under paragraph (1), and annually thereafter, the State agency shall report the information collected under paragraph (1) to the Director of the Bureau of Justice Assistance. (4) Report to administrative office of the united states courts.--Not later than 90 days after such report is submitted under paragraph (2), and annually thereafter, the State agency shall report the information collected under paragraph (2) to the Director of the Administrative Office of the United States Courts. (b) Federal Reporting Required.--Not later than the last day of the first January after the date of the enactment of this Act, and each January thereafter-- (1) each Federal judge who has issued a court order authorizing or approving facial recognition in conjunction with a reference photo database shall submit to the Director of the Administrative Office of the United States Courts a report including the information under subparagraphs (A) through (F) of subsection (a)(1); and (2) and a Federal prosecutor who requested such order, shall submit to the Director of the Administrative Office of the United States Courts a report including the information under subparagraphs (A) through (G) of subsection (a)(2). (c) Public Reporting.--In June of each year the Director of the Administrative Office of the United States Courts shall release to the public, post online, and transmit to the Congress a full and complete report concerning the use of facial recognition in conjunction with reference photo databases, including the information reported to the Director pursuant to subsections (a) and (b). (d) Rules.--The Director of the Bureau of Justice Assistance and the Director of the Administrative Office of the United States Courts shall issue rules with respect to the content and form of the reports required to be filed under subsections (a) through (c) of this section and sections 105 and 106 of this Act. SEC. 105. AUDITS. (a) Federal Level Audit.-- (1) In general.--Any Federal law enforcement agency whose investigative or law enforcement officers use facial recognition, regardless of whether they use a system operated by that agency or another agency, shall annually submit data with respect to their use of facial recognition for audit by the Government Accountability Office to prevent and identify misuse and to ensure compliance with sections 101, 102, and 103 of this Act, including-- (A) a summary of the findings of the audit, including the number and nature of violations identified; and (B) information about the procedures used by the law enforcement agency to remove arrest photos from databases in accordance with this Act. (2) Suspension.-- (A) In general.--If a violation is uncovered by the audit conducted under paragraph (1), the Federal law enforcement agency shall cease using facial recognition until such time that all violations have been corrected. (B) Public notice.--If use of facial recognition is suspended pursuant to subparagraph (A), the Federal law enforcement agency shall notify the public of such suspension. (b) State Level Audit.-- (1) In general.--Any State or local law enforcement agency whose investigative or law enforcement officers use facial recognition, regardless of whether they use a system operated by that agency or another agency, shall annually submit data with respect to their use of facial recognition to an independent State agency (as determined by the chief executive of the State) to prevent and identify misuse and to ensure compliance with sections 101, 102, and 103 of this Act. Such independent State agency shall report-- (A) a summary of the findings of the audit, including the number and nature of violations identified, to Director of the Administrative Office of the United States Courts, and subsequently release that information to the public and post it online; (B) information about the procedures used by the law enforcement agency to remove arrest photos from databases in accordance with this section; and (C) any violations identified by the independent State agency. (2) Suspension.-- (A) In general.--If a violation is uncovered by the audit conducted under paragraph (1), the State or local law enforcement agency shall cease using facial recognition until such time that all violations have been corrected. (B) Public notice.--If use of facial recognition is suspended pursuant to subparagraph (A), the State or local law enforcement agency shall notify the public of such suspension. (c) Disaggregated Data.--Data collected pursuant to subsection (a) or (b) shall, when feasible, be collected in a manner that allows such data to be disaggregated by race, ethnicity, gender, and age. SEC. 106. ACCURACY AND BIAS TESTING. (a) Benchmark Testing.--No investigative or law enforcement officers may use a facial recognition system or information derived from it unless that system is annually submitted to the National Institute of Standards and Technology's benchmark facial recognition test for law enforcement to determine-- (1) the accuracy of the system; and (2) whether the accuracy of the system varies significantly on the basis of race, ethnicity, gender or age. (b) Benchmark Testing for New Systems.--No investigative or law enforcement officers may begin using a new facial recognition system or information derived from it unless that system is first submitted to independent testing to determine-- (1) the accuracy of the system; and (2) whether the accuracy of the system varies significantly on the basis of race, ethnicity, gender, or age. (c) Prohibition.--Any investigative or law enforcement officer may not use facial recognition that has not achieved a sufficiently high level of accuracy, including in terms of overall accuracy and variance on the basis of race, ethnicity, gender, or age, as determined by the National Institute of Standards and Technology, on its annual benchmark test for law enforcement use. (d) Operational Testing.--No investigative or law enforcement agencies may use a facial recognition system or information derived from it unless that system is annually submitted to operational testing conducted by an independent entity, in accordance with National Institute of Standards and Technology's training protocol for operational testing, to determine-- (1) the accuracy of the system; (2) the impact of human reviewers on system accuracy; and (3) whether the accuracy of the system varies significantly on the basis of race, ethnicity, gender, or age. (e) Reporting.--A summary of the findings of the tests required by subsection (a) or (d) shall be submitted to the Director of the Administrative Office of the United States Courts and posted on the internet website of the Administrative Office of the United States Courts. (f) Rulemaking Required.--The Assistant Attorney General of the Department of Justice Civil Rights Division shall issue a rule that establishes what is a sufficiently high level of accuracy for a facial recognition system used by law enforcement, including in terms of overall accuracy and variance on the basis of race, ethnicity, gender, and age. The Assistant Attorney General of the Department of Justice Civil Rights Division shall consult with outside experts in civil rights, civil liberties, racial justice, data privacy, bioethics, law enforcement, public defense, and forensic science and other relevant areas of expertise in drafting the proposed rule. (g) Effective Date.--This section shall take effect 18 months after the date of enactment of this Act. SEC. 107. ENFORCEMENT. (a) Suppression.--In the case that the use of facial recognition has occurred, no results from the use and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof if the use of facial recognition violated this Act or if the use was conducted in an emergency under section 101 and the officer or agency did not subsequently obtain an order for that use as required under such section. (b) Administrative Discipline.--If a court or law enforcement agency determines that an investigative or law enforcement officer has violated any provision of this Act, and the court or agency finds that the circumstances surrounding the violation raise serious questions about whether or not the officer acted intentionally with respect to the violation, the agency shall promptly initiate a proceeding to determine whether disciplinary action against the officer is warranted. (c) Civil Action.-- (1) In general.--Any person who is subject to identification or attempted identification through facial recognition in violation of this Act may bring a civil action in the appropriate court to recover such relief as may be appropriate from the investigative or law enforcement officer or the State or Federal law enforcement agency which engaged in that violation. (2) Relief.--In an action under this subsection, appropriate relief includes-- (A) such preliminary and other equitable or declaratory relief as may be appropriate; (B) damages under paragraph (3) and punitive damages in appropriate cases; and (C) a reasonable attorney's fee and other litigation costs reasonably incurred. (3) Computation of damages.--The court may assess as damages whichever is the greater of-- (A) any profits made with respect to the violation suffered by the plaintiff; or (B) $50,000 for each violation. (4) Defense.--A good faith reliance on-- (A) a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization; or (B) a good faith determination that section 101 permitted the conduct complained of, is a complete defense against any civil action brought under this Act. (5) Limitation.--A civil action under this section may not be commenced later than two years after the date upon which the claimant first has a reasonable opportunity to discover the violation. (d) Civil Action for Disparate Impact.--An individual may bring a civil action when use of facial recognition or face surveillance by a law enforcement agency, or any technological element, criteria, method, or design feature thereof acting individually or in concert, results in disparate treatment or adverse impact against an individual or class of individuals on the basis of race, ethnicity, gender, or age. SEC. 108. NOTICE REQUIREMENT. (a) Notice Requirement.--A law enforcement agency that uses facial recognition to attempt to identify an individual who is arrested shall, at minimum, provide to the individual-- (1) a notice of-- (A) the name the law enforcement agency that operated the facial recognition system used; and (B) the name of the database, if any, that was used to identify the individual; and (2) a copy of-- (A) the order that authorized the use of facial recognition; (B) accuracy or bias reports required under this Act; (C) each probe image that was used by the agency; (D) any modifications made to the probe image; (E) the candidate list, in rank order, produced by the facial recognition system; and (F) any other police documentation related to the use of facial recognition in the law enforcement investigation. (b) Language Requirement.--The information required under subsection (a) shall be provided to such individual in an appropriate language for such individual if the individual is not fluent or literate in English. TITLE II--CERTAIN REQUIREMENTS AND LIMITATIONS ON FACIAL RECOGNITION SYSTEMS AND RESEARCH SEC. 201. NATIONAL INSTITUTE FOR STANDARDS AND TECHNOLOGY ASSISTANCE. (a) In General.--The National Institute of Standards and Technology (hereinafter in this section referred to as ``NIST'') shall-- (1) develop best practices for law enforcement agencies to evaluate the accuracy and fairness of their facial recognition systems; (2) develop and offer an ongoing benchmark facial recognition test for law enforcement that-- (A) conducts evaluations of actual algorithms used by law enforcement agencies; (B) uses the types of probe images, including in terms of quality, actually used by law enforcement agencies in its testing; (C) evaluates algorithms on larger databases that reflect the size of databases actually used by law enforcement; and (D) evaluates whether the accuracy of a facial recognition algorithm varies on the basis of race, ethnicity, gender, or age and assessments of bias in facial recognition systems; (3) develop an operational testing protocol that independent testers and law enforcement agencies may implement for annual operational testing to determine-- (A) the accuracy of the facial recognition system; (B) the impact of human reviewers on facial recognition system accuracy; and (C) whether the accuracy of the facial recognition system varies significantly on the basis of race, ethnicity, gender, or age; and (4) study and develop training standards for human operators reviewing the results of facial recognition searches to ensure accuracy and prevent bias. (b) Authorization of Appropriations.--There is authorized to be appropriated to the National Institute of Standards and Technology to carry out subsection (a) $5,000,000 for each of the fiscal years 2023 through 2026. SEC. 202. RULE OF CONSTRUCTION WITH RESPECT TO STATE AND LOCAL PRIVACY PROTECTIONS. (a) Rule of Construction.--Nothing in this Act shall be construed to preempt concurrent or more stringent limitations on the use of facial recognition, or any other privacy, civil rights, and civil liberties laws and rules, by the Federal Government, a State, or a political subdivision of a State. (b) Use of Facial Recognition.--Nothing in this Act shall be construed to authorize the use of facial recognition by a State, or a political subdivision of a State, unless the laws of that State or political subdivision expressly and unambiguously authorizes such use. SEC. 203. POLICY ON USE OF FACIAL RECOGNITION SYSTEMS REQUIRED. Not later than 90 days after the date of the enactment of this Act, each agency covered by this statute shall establish and make publicly available on the internet website of such agency a policy governing the agency's use of facial recognition systems to ensure investigative or law enforcement officer compliance with the requirements of this Act. SEC. 204. LIMITATION ON LIABILITY. A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in Federal or State court of competent jurisdiction for a violation of this Act. In any action against a State for a violation of the requirements of this Act, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State. <all>

Facial Recognition Act of 2022

To regulate law enforcement use of facial recognition technology, and for other purposes.

Facial Recognition Act of 2022

Rep. Lieu, Ted

D

CA

H.R.252

Crime and Law Enforcement

Presidential Pardon Transparency Act of 2021 This bill requires certain information about presidential pardons and reprieves to be made public. Specifically, the President must publish the issue date, recipient, and full text of each pardon or reprieve granted.

To require the publication of the name of any person pardoned by the President, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Pardon Transparency Act of 2021''. SEC. 2. PUBLICATION OF PARDONS. Not later than 3 days after the date on which the President grants any reprieve or pardon for an offence against the United States, the Attorney General shall publish in the Federal Register and on the official website of the President the following: (1) The name of the person. (2) The date on which the reprieve or pardon was issued. (3) The full text of the reprieve or pardon. <all>

Presidential Pardon Transparency Act of 2021

To require the publication of the name of any person pardoned by the President, and for other purposes.

Presidential Pardon Transparency Act of 2021

Rep. Krishnamoorthi, Raja

D

IL

S.966

Environmental Protection

Climate Change Education Act This bill declares that the evidence for human-induced climate change is overwhelming and undeniable. The National Oceanic and Atmospheric Administration (NOAA) must establish a Climate Change Education Program to NOAA must also establish a grant program for climate change education.

To require the Administrator of the National Oceanic and Atmospheric Administration to establish a Climate Change Education 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 ``Climate Change Education Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The evidence for human-induced climate change is overwhelming and undeniable. (2) Atmospheric carbon can be significantly reduced through conservation, by shifting to renewable energy sources such as solar, wind, tidal, and geothermal, and by increasing the efficiency of buildings, including domiciles, and transportation. (3) Providing clear information about climate change, in a variety of forms, can remove the fear and the sense of helplessness, and encourage individuals and communities to take action. (4) Implementation of measures that promote energy efficiency, conservation, and renewable energy will greatly reduce human impact on the environment. (5) Informing people of new technologies and programs as they become available will ensure maximum understanding and maximum effect of those measures. (6) More than 3,000,000 students graduate from high schools and colleges in the United States each year, armed with attitudes, skills, and knowledge about the climate that inform their actions. (7) The effect on the climate, positive or negative, of each of those 3,000,000 students lasts beyond a lifetime. (8) Those students need to be prepared to implement changes in professional and personal practices, to support and help develop new technology and policy, and to address the coming social and economic challenges and opportunities arising from a changing climate. (9) It has been demonstrated that the people of the United States overwhelmingly support teaching students about the causes, consequences, and potential solutions to climate change in all 50 States and more than 3,000 counties across the United States. (10) Only 30 percent of middle school and 45 percent of high school science teachers understand the extent of the scientific consensus on climate change. SEC. 3. DEFINITIONS. In this Act: (1) Climate change education.--The term ``climate change education'' means nonformal and formal interdisciplinary learning at all age levels about-- (A) climate change, climate adaptation and mitigation, climate resilience, and climate justice; and (B) the effects of climate change, climate adaptation and mitigation, climate resilience, and climate justice on the environmental, energy, social, and economic systems of the United States. (2) Climate literacy.--The term ``climate literacy'' means competence or knowledge of climate change, its causes and impacts, and the technical, scientific, economic, and social dynamics of promising solutions. (3) Climate justice.--The term ``climate 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 policies and projects to ensure that each person enjoys the same degree of protection from the adverse effects of climate change. (4) 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. (5) Environmental justice community.--The term ``environmental justice community'' means a community with significant representation of communities of color, low-income communities, or Tribal and indigenous communities that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects as compared to other communities. (6) Green economy.--The term ``green economy'' means an economy that results in improved human and economic well-being and social equity by significantly reducing environmental risks and ecological scarcities. (7) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (8) Local educational agency; state educational agency.-- The terms ``local educational agency'' and ``State educational agency'' have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (9) Nonformal.--The term ``nonformal'' means, with respect to learning, out-of-school educational programming carried out by nonprofit organizations and public agencies. (10) Nonprofit organization.--The term ``nonprofit organization'' means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code. SEC. 4. CLIMATE CHANGE EDUCATION PROGRAM. The Administrator of the National Oceanic and Atmospheric Administration shall establish a Climate Change Education Program to-- (1) increase the climate literacy of the United States by broadening the understanding of climate change, including possible long-term and short-term consequences, disproportionate impacts of those consequences, and potential solutions; (2) apply the latest scientific and technological discoveries, including through the use of the scientific assets of the Administration, to provide formal and nonformal learning opportunities to individuals of all ages, including individuals of diverse cultural and linguistic backgrounds; and (3) emphasize actionable information to help people understand and promote implementation of new technologies, programs, and incentives related to climate change, climate adaptation and mitigation, climate resilience, climate justice, and environmental justice. SEC. 5. GRANT PROGRAM. (a) In General.--As part of the Climate Change Education Program established under section 4, the Administrator of the National Oceanic and Atmospheric Administration shall establish a program to make grants to the following: (1) State educational agencies, in partnership with local educational agencies and local nonprofit organizations, for the implementation of aspects of State climate literacy plans for grades 4 through 12 formal and informal climate change education that-- (A) are aligned with State education standards; (B) ensure that students graduate from high school with climate literacy; and (C) include at least 1 of the following: (i) Relevant teacher training and professional development. (ii) Integration of key climate change concepts into State education standards for science, technology, engineering, and mathematics (STEM), civics and social studies, and other relevant subject areas during the next revision of such standards. (iii) Development of climate change education educational frameworks and model curricula and curation and dissemination of existing climate change curriculum materials. (iv) Creation of applied learning project- based models, such as models making optimum use of green features improvements to school facilities, such as energy systems, lighting systems, water management, waste management, and school grounds improvements. (v) Incorporation of climate change mitigation and green technologies into new and existing career and technical education career tracks and work-based learning experiences, including development of partnerships with labor organizations, trade organizations, and apprenticeship programs. (2) Institutions of higher education and networks or partnerships of such institutions to engage teams of faculty and students to develop applied climate research and deliver to local communities direct services related to local climate mitigation and adaptation issues, with priority given to projects that-- (A) foster long-term campus-community partnerships; (B) show potential to scale work beyond the grant term; (C) are inclusive for all segments of the population; and (D) promote equitable and just outcomes. (3) Professional associations and academic disciplinary societies for projects that build capacity at the State and national levels for continuing education by practicing professionals and the general public in green economy fields. (4) Youth corps organizations to engage in community-based climate mitigation and adaptation work that includes a substantive educational component. (b) Climate Change Education Office.-- (1) In general.--There shall be, within the Office of Education of the National Oceanic and Atmospheric Administration, an Office of Climate Change Education to administer the grant program required by subsection (a). (2) Consultation.--The Office of Climate Change Education shall annually consult with other relevant agencies of the Federal Government to determine ways in which grant making under subsection (a) can enhance and support other national climate education and training and environmental justice goals. (3) Environmental justice communities.--The Office of Climate Change Education shall ensure that 40 percent of all funds appropriated for grants under paragraphs (2) and (4) of subsection (a) are directed into environmental justice communities. (4) Communities of practice.--The Office of Climate Change Education shall establish communities of practice with respect to each of paragraphs (1) through (4) of subsection (a) in order to accelerate learning. SEC. 6. REPORT. Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Administrator of the National Oceanic and Atmospheric Administration shall submit to Congress a report that evaluates the scientific merits, educational effectiveness, and broader effects of activities carried out under this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out this Act $50,000,000 for each of fiscal years 2021 through 2026. (b) Allocation of Amounts for Grant Program.-- (1) In general.--Amounts appropriated to carry out the grant program required by section 5(a) shall be allocated as follows: (A) 50 percent for grants made under paragraph (1) of such section. (B) 30 percent for grants made under paragraph (2) of such section. (C) 10 percent for grants made under paragraph (3) of such section. (D) 10 percent for grants made under paragraph (4) of such section. (2) Exception.--If amounts appropriated to carry out the grant program required by section 5(a) do not exceed $5,000,000 in any fiscal year, the National Oceanic and Atmospheric Administration may use in that fiscal year-- (A) 60 percent of such amounts for grants made under paragraph (1) of such section; and (B) 40 percent of such amounts for grants made under paragraph (2) of such section. <all>

Climate Change Education Act

A bill to require the Administrator of the National Oceanic and Atmospheric Administration to establish a Climate Change Education Program, and for other purposes.

Climate Change Education Act

Sen. Markey, Edward J.

D

MA

H.R.2099

Public Lands and Natural Resources

Secure Rural Schools Reauthorization Act of 2021 This bill extends through FY2023 payments made to states and eligible counties containing certain federal land under the Secure Rural Schools and Community Self-Determination Act of 2000. The Department of the Interior and the Department of Agriculture shall carry out a pilot program to allow the Chief of the Forest Service or the Director of the Bureau of Land Management to nominate members of resource advisory committees. County funds may be used to provide or expand access to (1) broadband telecommunications services at local schools, or (2) the technology and connectivity necessary for students to use a digital learning tool at or outside of a local school campus. Any county funds that were obligated by a county before October 1, 2017, but are unspent on October 1, 2020, may be used by the county for any authorized use and shall be available for projects initiated after October 1, 2020. No county funds may be used for lobbying activity, regardless of the purpose for which the funds are obligated on or before the enactment of this bill.

To extend the Secure Rural Schools and Community Self-Determination Act of 2000. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Rural Schools Reauthorization Act of 2021''. SEC. 2. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF- DETERMINATION ACT OF 2000. (a) Definition of Full Funding Amount.--Section 3(11) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7102(11)) is amended by striking subparagraphs (D) and (E) and inserting the following: ``(D) for fiscal year 2017, the amount that is equal to 95 percent of the full funding amount for fiscal year 2015; ``(E) for each of fiscal years 2018 through 2020, the amount that is equal to 95 percent of the full funding amount for the preceding fiscal year; and ``(F) for fiscal year 2021 and each fiscal year thereafter, the amount that is equal to the full funding amount for fiscal year 2017.''. (b) Secure Payments for States and Counties Containing Federal Land.-- (1) Secure payments.--Section 101 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7111) is amended, in subsections (a) and (b), by striking ``2015, 2017, 2018, 2019, and 2020'' each place it appears and inserting ``2015 and 2017 through 2023''. (2) Distribution of payments to eligible counties.--Section 103(d)(2) of the Secure Rural Schools and Community Self- Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is amended by striking ``2020'' and inserting ``2023''. (c) Pilot Program To Streamline Nomination of Members of Resource Advisory Committees.--Section 205 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125) is amended by striking subsection (g) and inserting the following: ``(g) Resource Advisory Committee Appointment Pilot Programs.-- ``(1) Definitions.--In this subsection: ``(A) Applicable designee.--The term `applicable designee' means the applicable regional forester. ``(B) National pilot program.--The term `national pilot program' means the national pilot program established under paragraph (4)(A). ``(C) Regional pilot program.--The term `regional pilot program' means the regional pilot program established under paragraph (3)(A). ``(2) Establishment of pilot programs.--In accordance with paragraphs (3) and (4), the Secretary concerned shall carry out 2 pilot programs to appoint members of resource advisory committees. ``(3) Regional pilot program.-- ``(A) In general.--The Secretary concerned shall carry out a regional pilot program to allow an applicable designee to appoint members of resource advisory committees. ``(B) Geographic limitation.--The regional pilot program shall only apply to resource advisory committees chartered in-- ``(i) the State of Montana; and ``(ii) the State of Arizona. ``(C) Responsibilities of applicable designee.-- ``(i) Review.--Before appointing a member of a resource advisory committee under the regional pilot program, an applicable designee shall conduct the review and analysis that would otherwise be conducted for an appointment to a resource advisory committee if the regional pilot program was not in effect, including any review and analysis with respect to civil rights and budgetary requirements. ``(ii) Savings clause.--Nothing in this paragraph relieves an applicable designee from any requirement developed by the Secretary concerned for making an appointment to a resource advisory committee that is in effect on December 20, 2018, including any requirement for advertising a vacancy. ``(4) National pilot program.-- ``(A) In general.--The Secretary concerned shall carry out a national pilot program to allow the Chief of the Forest Service or the Director of the Bureau of Land Management, as applicable, to submit to the Secretary concerned nominations of individuals for appointment as members of resource advisory committees. ``(B) Appointment.--Under the national pilot program, subject to subparagraph (C), not later than 30 days after the date on which a nomination is transmitted to the Secretary concerned under subparagraph (A), the Secretary concerned shall-- ``(i) appoint the nominee to the applicable resource advisory committee; or ``(ii) reject the nomination. ``(C) Automatic appointment.--If the Secretary concerned does not act on a nomination in accordance with subparagraph (B) by the date described in that subparagraph, the nominee shall be deemed appointed to the applicable resource advisory committee. ``(D) Geographic limitation.--The national pilot program shall apply to a resource advisory committee chartered in any State other than-- ``(i) the State of Montana; or ``(ii) the State of Arizona. ``(E) Savings clause.--Nothing in this paragraph relieves the Secretary concerned from any requirement relating to an appointment to a resource advisory committee, including any requirement with respect to civil rights or advertising a vacancy. ``(5) Termination of effectiveness.--The authority provided under this subsection terminates on October 1, 2023. ``(6) Report to congress.--Not later 180 days after the date described in paragraph (5), the Secretary concerned shall submit to Congress a report that includes-- ``(A) with respect to appointments made under the regional pilot program compared to appointments made under the national pilot program, a description of the extent to which-- ``(i) appointments were faster or slower; and ``(ii) the requirements described in paragraph (3)(C)(i) differ; and ``(B) a recommendation with respect to whether Congress should terminate, continue, modify, or expand the pilot programs.''. (d) Extension of Authority To Conduct Special Projects on Federal Land.-- (1) Existing advisory committees.--Section 205(a)(4) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125(a)(4)) is amended by striking ``December 20, 2021'' each place it appears and inserting ``December 20, 2023''. (2) Extension of authority.--Section 208 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7128) is amended-- (A) in subsection (a), by striking ``2022'' and inserting ``2025''; and (B) in subsection (b), by striking ``2023'' and inserting ``2026''. (e) Access to Broadband and Other Technology.--Section 302(a) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7142(a)) is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(5) to provide or expand access to-- ``(A) broadband telecommunications services at local schools; or ``(B) the technology and connectivity necessary for students to use a digital learning tool at or outside of a local school campus.''. (f) Extension of Authority To Expend County Funds.--Section 304 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7144) is amended-- (1) in subsection (a), by striking ``2022'' and inserting ``2025''; and (2) in subsection (b), by striking ``2023'' and inserting ``2026''. (g) Amounts Obligated but Unspent; Prohibition on Use of Funds.-- Title III of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7141 et seq.) is amended-- (1) by redesignating section 304 as section 305; and (2) by inserting after section 303 the following: ``SEC. 304. AMOUNTS OBLIGATED BUT UNSPENT; PROHIBITION ON USE OF FUNDS. ``(a) Amounts Obligated but Unspent.--Any county funds that were obligated by the applicable participating county before October 1, 2017, but are unspent on October 1, 2020-- ``(1) may, at the option of the participating county, be deemed to have been reserved by the participating county on October 1, 2020, for expenditure in accordance with this title; and ``(2)(A) may be used by the participating county for any authorized use under section 302(a); and ``(B) on a determination by the participating county under subparagraph (A) to use the county funds, shall be available for projects initiated after October 1, 2020, subject to section 305. ``(b) Prohibition on Use of Funds.--Notwithstanding any other provision of law, effective beginning on the date of enactment of the Secure Rural Schools Reauthorization Act of 2021, no county funds made available under this title may be used by any participating county for any lobbying activity, regardless of the purpose for which the funds are obligated on or before that date.''. <all>

Secure Rural Schools Reauthorization Act of 2021

To extend the Secure Rural Schools and Community Self-Determination Act of 2000.

Secure Rural Schools Reauthorization Act of 2021

Rep. Neguse, Joe

D

CO

H.R.618

Housing and Community Development

Promoting Access to Credit for Homebuyers Act of 2021 This bill requires Freddie Mac, Fannie Mae, and the Department of Housing and Urban Development to purchase or insure single-family mortgages originated on or after February 1, 2020, on the same terms as they otherwise would despite a borrower entering into, or inquiring about, forbearance due to a COVID-19 (i.e., coronavirus disease 2019) related hardship. This requirement begins 5 days after enactment of this bill and ends 60 days after the end of the period of time a borrower may request a COVID-19 related forbearance. The Federal Housing Finance Agency may not increase fees or otherwise restrict access to credit during the COVID-19 emergency without congressional notice. The Government Accountability Office must report on COVID-19-related assistance to consumers by Freddie Mac, Fannie Mae, and the Federal Housing Administration mortgage insurance programs.

To promote access to mortgage credit during the COVID-19 pandemic by preventing restrictions on providing Federal backing for single-family mortgage loans in forbearance, and for other purposes. Be it enacted by the Senate 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 Access to Credit for Homebuyers Act of 2021''. SEC. 2. FANNIE MAE AND FREDDIE MAC. (a) Purchase Requirements.--During the period that begins 5 days after the date of the enactment of this Act and ends 60 days after the covered period with respect to the mortgage, notwithstanding any other provision of law, an enterprise may not refuse to purchase any single- family mortgage originated on or after February 1, 2020, that otherwise would have been eligible for purchase by such enterprise, solely due to the fact that the borrower has, for the borrower's previous mortgage or on the mortgage being purchased-- (1) entered into forbearance as a result of a financial hardship due, directly or indirectly, to the COVID-19 emergency; (2) requested forbearance as a result of a financial hardship due, directly or indirectly, to the COVID-19 emergency; or (3) inquired as to options related to forbearance as a result of a financial hardship due, directly or indirectly, to the COVID-19 emergency. (b) Prohibition on Restrictions.--With respect to purchase of single-family mortgages described in subsection (a) and specified in any of paragraphs (1) through (3) of such subsection, an enterprise may not-- (1) establish additional restrictions that are not applicable to similarly situated mortgages under which the borrower is not in forbearance; (2) charge a higher guarantee fee (within the meaning provided such term in section 1327 of the Housing and Community Development Act of 1992 (12 U.S.C. 4547)), or loan level pricing adjustment, or otherwise alter pricing for such mortgages, relative to similarly situated mortgages under which the borrower is not in forbearance; (3) apply repurchase requirements to such mortgages that are more restrictive than repurchase requirements applicable to similarly situated mortgages under which the borrower is not in forbearance; or (4) require lender indemnification of such mortgages, solely due to the fact that the borrower is in forbearance. (c) Fraud Detection.--This section may not be construed to prevent an enterprise from conducting oversight and review of single-family mortgages purchased when a borrower is in forbearance on the borrower's previous mortgage, or on the mortgage being purchased, for purposes of detecting fraud. An enterprise shall report any fraud detected to the Director. (d) Enterprise Capital.--During the period that begins 5 days after the date of the enactment of this Act and ends 60 days after the covered period with respect to a mortgage, notwithstanding any other provision of law, a forbearance on such mortgage shall not be considered to be a delinquency under such mortgage for purposes of calculating capital of an enterprise for any purpose under title XIII of the Housing and Community Development Act of 1992 (12 U.S.C. 4501 et seq.). (e) Rules of Construction.-- (1) Purchase parameters.--This section may not be construed to require an enterprise to purchase single-family mortgages that do not meet existing or amended purchase parameters, other than parameters related to borrower forbearance, established by such enterprise. (2) Employment; income.--This section may not be construed to prevent an enterprise from establishing additional requirements to ensure that a borrower has not lost their job or income prior to a mortgage closing. (f) Implementation.--The Director may issue any guidance, orders, and regulations necessary to carry out this section. SEC. 3. FHA. (a) Prohibition on Restrictions.--During the period that begins 5 days after the date of the enactment of this Act and ends 60 days after the covered period with respect to the mortgage, notwithstanding any other provision of law, the Secretary of Housing and Urban Development may not deny the provision of mortgage insurance for a single-family mortgage originated on or after February 1, 2020, may not implement additional premiums or otherwise alter pricing for such a mortgage, may not require mortgagee indemnification, and may not establish additional restrictions on such a mortgagor, solely due to the fact that the borrower has-- (1) entered into forbearance as a result of a financial hardship due, directly or indirectly, to the COVID-19 emergency; (2) requested forbearance as a result of a financial hardship due, directly or indirectly, to the COVID-19 emergency; or (3) inquired as to options related to forbearance as a result of a financial hardship due, directly or indirectly, to the COVID-19 emergency. (b) Rules of Construction.-- (1) Insurance.--This section may not be construed to require the Secretary of Housing and Urban Development to provide insurance on single-family mortgages that do not meet existing or amended insurance parameters, other than parameters related to borrower forbearance, established by the Secretary. (2) Employment; income.--This section may not be construed to prevent the Secretary of Housing and Urban Development from establishing additional requirements regarding insurance on single-family mortgages to ensure that a borrower has not lost their job or income prior to a mortgage closing. SEC. 4. REPORTING REQUIREMENTS. (a) FHFA Actions.--During the COVID-19 emergency, the Director may not increase guarantee fees, loan level pricing adjustments, or any other fees or implement any restrictions on access to credit unless the Director provides 48-hour advance notice of such increase or restrictions to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate together with a detailed report of the policy rationale for the decision, including any and all data considered in making such decision. (b) Quarterly Reports by Enterprises and FHA.-- (1) Requirement.--Each enterprise and the Secretary of Housing and Urban Development, with respect to the FHA mortgage insurance programs, shall provide reports to the Congress, and make such reports publicly available, not less frequently than quarterly regarding the impact of COVID-19 pandemic on the such enterprises' and program's ability to meet their charter requirements, civil rights responsibilities, mandates under the CARES Act (Public Law 116-136), and other laws enacted in response to the COVID-19 pandemic, and other requirements under law. The first such report shall be submitted not later than the expiration of the 3-month period beginning upon the date of the enactment of this Act and the requirement under this paragraph to submit such reports shall terminate upon the expiration of the 2-year period beginning upon the termination of the COVID-19 emergency. (2) Content.--Each report required under paragraph (1) shall include the following information for the most recent quarter for which data is available: (A) Enterprises.--For each report required by an enterprise: (i) The number of single-family and multi- family residential mortgage loans purchased by the enterprise and the unpaid principal balance of such mortgage loans purchased, disaggregated by-- (I) mortgage loans made to low- and moderate-income borrowers; (II) mortgage loans made for properties in low- and moderate-income census tracts; and (III) mortgage loans made for properties in central cities, rural areas, and underserved areas. (ii) In the single-family residential mortgage market-- (I) the total number, unpaid principal balance, and length of forbearances provided to borrowers, including whether or not the forbearance was requested by the borrower; (II) a detailed breakdown of the loan modifications offered to borrowers and whether the borrowers accepted the offer including the total number and unpaid principal balance of loan modifications ultimately made to borrowers; (III) a detailed breakdown of the home retention options offered to borrowers and whether the borrowers accepted the offer including the total number and unpaid principal balance of other home retention options ultimately made to borrowers; (IV) the total number of outcomes that included short-sales, deed-in-lieu of foreclosure, and foreclosure sales; and (V) the total number of delinquent mortgage loans. (iii) A description of any efforts by the enterprise to provide assistance and support to consumers who are not proficient in English. (iv) A description of any other efforts by the enterprise to provide assistance to low- and moderate-income communities, central cities, rural areas, and other underserved areas, such as financial literacy and education or support of fair housing and housing counseling agencies. (v) A description of any other assistance provided by the enterprise to consumers in response to the COVID-19 pandemic. (B) FHA.--For each report required with respect to the FHA mortgage insurance programs: (i) The number and unpaid principal balance for all residential mortgage loans, disaggregated by type, insured under such programs. (ii) The total number, unpaid principal balance, and length of forbearances provided to borrowers, including whether or not the forbearance was requested by the borrower. (iii) A detailed breakdown of the loan modifications offered to borrowers and whether the borrowers accepted the offer including the total number and unpaid principal balance of loan modifications ultimately made to borrowers. (iv) A detailed breakdown of the home retention options offered to borrowers and whether the borrowers accepted the offer including the total number and unpaid principal balance of other home retention options ultimately made to borrowers. (v) A description of any efforts under such programs to provide assistance and support to consumers who are not proficient in English. (vi) A description of any other efforts under such programs to provide assistance to low- and moderate-income communities, central cities, rural areas, and other underserved areas, such as financial literacy and education or support of fair housing and housing counseling agencies. (vii) A description of any other assistance provided under such programs to consumers in response to the COVID-19 pandemic. (viii) The total number of delinquent mortgage loans. (C) Provisions to be included in all reports.--Each report required under paragraph (1) shall include, to the degree reasonably possible, the following information: (i) An analysis of all loan level data required by subparagraphs (A) and (B) disaggregated by race, national origin, gender, disability status, whether or not the borrower seeking or obtaining assistance speaks English as a second language, the preferred language of the borrower, debt-to-income level of the borrower, loan-to-value ratio of the loan, and credit score of the borrower. (ii) A geographical analysis at the census tract level, but if information is not available at the census tract level for any of the items required by subparagraphs (A) and (B), the geographical analysis shall be provided at the zip code level for the item for which a census tract analysis was not possible. (iii) A description of any policy changes made by the enterprise or Secretary of Housing and Urban Development, as appropriate, in response to the COVID-19 pandemic and analysis of actions taken to ensure that such policy changes were in compliance with all relevant civil rights responsibilities, including the Fair Housing Act, including the Affirmatively Furthering Fair Housing provision, the Equal Credit Opportunity Act, the Community Reinvestment Act of 1977, the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, the Housing and Economic Recovery Act of 2008, Federal Home Loan Bank Act, Executive Orders 11063 and 12892, the Federal National Mortgage Association Charter Act, and the Federal Home Loan Mortgage Corporation Act. (c) Report by GAO.--Not later than the expiration of the 120-day period that begins upon the termination of the COVID-19 emergency, the Comptroller General of the United States shall submit to the Congress and make publicly available a report on-- (1) the extent to which the enterprises and the FHA mortgage insurance programs provided loan products, forbearances, loan modifications, and COVID-19-related assistance to consumers and the total number of delinquent mortgage loans under such programs; (2) the availability and type of any such assistance provided post-forbearance; and (3) the overall ability of the enterprises and the FHA mortgage insurance programs to successfully meet their charter requirements, civil rights responsibilities, and other requirements under law. The report shall also include an analysis of all loan level data required by this subsection disaggregated by race, national origin, gender, disability status, whether or not the borrower seeking or obtaining assistance speaks English as a second language, the preferred language of the borrower, debt-to-income level of the borrower, loan- to-value ratio of the loan, and credit score of the borrower. SEC. 5. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Covered period.--The term ``covered period'' means, with respect to a federally backed mortgage loan, the period of time during which the borrower under such loan may request forbearance on the loan under section 4022(b) of the CARES Act (15 U.S.C. 9056; Public Law 116-136; 134 Stat. 490). (2) COVID-19 emergency.--The term ``COVID-19 emergency'' has the meaning given such term in section 4022 of the CARES Act (15 U.S.C. 9056; Public Law 116-136; 134 Stat. 490). (3) Director.--The term ``Director'' means the Director of the Federal Housing Finance Agency. (4) Enterprise.--The term ``enterprise'' has the meaning given such term in section 1303 of the Housing and Community Development Act of 1992 (12 U.S.C. 4502). <all>

Promoting Access to Credit for Homebuyers Act of 2021

To promote access to mortgage credit during the COVID-19 pandemic by preventing restrictions on providing Federal backing for single-family mortgage loans in forbearance, and for other purposes.

Promoting Access to Credit for Homebuyers Act of 2021

Rep. Vargas, Juan

D

CA

H.R.9159

Finance and Financial Sector

Bank Privacy Reform Act This bill eliminates provisions that require financial institutions to report certain financial information to specified government agencies. Currently, financial institutions are required to report certain financial transactions for the purpose of detecting illicit activity, such as money laundering or the financing of terrorism. Under the bill, such records are only obtainable through a search warrant. The bill also eliminates reporting requirements related to the beneficial ownership of certain corporate entities.

To make reforms to the Bank Secrecy 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 ``Bank Privacy Reform Act''. SEC. 2. BANK SECRECY ACT REFORMS. (a) Right to Financial Privacy Act of 1978.--The Right to Financial Privacy Act of 1978 (12 U.S.C. 3401 et seq.) is amended-- (1) by amending section 1102 to read as follows: ``SEC. 1102. CONFIDENTIALITY OF RECORDS--GOVERNMENT AUTHORITIES. ``Except as provided by subsection (c) or (d) of section 1103 or section 1113, no Government authority may have access to or obtain copies of, or the information contained in the financial records of any customer from a financial institution unless the financial records are reasonably described and such financial records are disclosed in response to a search warrant which meets the requirements of section 1106.''; (2) by striking sections 1104, 1105, 1107, 1108, and 1114; (3) in section 1109(a), by striking ``section 1104(c), 1105(2), 1106(c), 1107(2), 1108(4),'' and inserting ``section 1106(c)''; and (4) in section 1113, by striking subsections (c) through (r). (b) Title 31.--Chapter 53 of title 31, United States Code, is amended-- (1) by amending section 5311 to read as follows: ``Sec. 5311. Declaration of purpose ``It is the purpose of this subchapter to require financial institutions to retain transaction records that include information identified with or identifiable as being derived from the financial records of particular customers.''; (2) in section 5312(a)-- (A) in paragraph (3)-- (i) in subparagraph (B), by adding ``and'' at the end; (ii) by striking subparagraph (C); and (iii) by redesignating subparagraph (D) as subparagraph (C); and (B) by amending paragraph (4) to read as follows: ``(4) `nonfinancial trade or business' means any entity engaged in trade or business other than a financial institution.''; (3) by striking sections 5313, 5314, 5315, 5316, 5317, 5318A, 5324, 5326, 5331, 5332, and 5336; (4) in section 5318-- (A) in subsection (a)-- (i) by striking ``(except under section 5315 of this title and regulations prescribed under section 5315)''; (ii) by striking paragraph (2); and (iii) by redesignating paragraphs (3) through (7) as paragraphs (2) through (6), respectively; (B) in subsection (k)-- (i) in paragraph (1)(C), by striking ``has the same meaning as in section 5318A(e)(1)(B)'' and inserting ``means an account established to receive deposits from, make payments on behalf of a foreign financial institution, or handle other financial transactions related to such institution''; and (ii) in paragraph (3)(A)(i)-- (I) in subclause (II), by adding ``or'' at the end; (II) in subclause (III), by striking ``; or'' and inserting a period; and (III) by striking subclause (IV); (5) in section 5321-- (A) in subsection (a)-- (i) in paragraph (1), by striking ``(except sections 5314, 5315, and 5336 of this title or a regulation prescribed under sections 5314, 5315, and 5336)''; (ii) by striking paragraphs (2), (3), (4), and (5); (iii) in paragraph (6), by striking ``(except section 5336)'' each place such term appears; (iv) in paragraph (7), by striking ``or any special measures imposed under section 5318A''; and (v) by redesignating paragraphs (6) and (7) as paragraphs (2) and (3), respectively; (B) by striking subsection (c); and (C) by redesignating subsections (d) through (g) as subsection (c) through (f), respectively; (6) in section 5322-- (A) by striking ``(except section 5315, 5324, or 5336 of this title or a regulation prescribed under section 5315, 5324, or 5336)'' each place such term appears; and (B) in subsection (d)-- (i) by striking ``, or any special measures imposed under section 5318A,''; and (ii) by striking ``or section 5318A''; (7) in section 5325(a), by inserting after ``$3,000'' the following: ``(as such amount is annually adjusted by the Secretary to reflect the percentage change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor)''; (8) in section 5330(d)(1)-- (A) in subparagraph (A), by adding ``and'' at the end; (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B); (9) in section 5335-- (A) by striking subsection (c); and (B) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively; (10) by striking subchapter III; and (11) in the table of contents in chapter 53, by striking the items relating to-- (A) sections 5313, 5314, 5315, 5316, 5317, 5318A, 5324, 5326, 5331, 5332, and 5336; and (B) subchapter III. <all>

Bank Privacy Reform Act

To make reforms to the Bank Secrecy Act, and for other purposes.

Bank Privacy Reform Act

Rep. Rose, John W.

R

TN

H.R.4989

Health

Human Trafficking and Exploitation Prevention Training Act This bill establishes demonstration grants to train students, teachers, and school personnel how to better understand, recognize, prevent, and respond to human trafficking and the exploitation of children and youth. Eligible grantees include nonprofits, state and local educational agencies, and elementary and secondary schools. The Office on Trafficking in Persons within the Administration for Children and Families must award the grants.

To amend the Public Health Service Act to provide for the implementation of curricula for training students, teachers, and school personnel to understand, recognize, prevent, and respond to signs of human trafficking and exploitation in children and youth, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Human Trafficking and Exploitation Prevention Training Act''. SEC. 2. FINDINGS. Congress finds the following: (1) According to the National Human Trafficking Hotline, operated by the National Human Trafficking Resource Center, there is no single profile for trafficking survivors-- trafficking survivors include adults and minors from rural, suburban, and urban communities across the country. Survivors of human trafficking have diverse socioeconomic backgrounds, varied levels of education, and may be documented or undocumented. According to the 2018 Trafficking In Persons Report produced by the Department of State, the Department of Justice, the National Human Trafficking Resource Center, and Youth.gov, vulnerable populations and risk factors for human trafficking include-- (A) children in the child welfare and juvenile justice systems; (B) runaway youth; (C) homeless youth; (D) youth forced to leave home by parents or caregivers with no alternate care arranged; (E) unaccompanied children; (F) American Indians and Alaska Natives; (G) migrant laborers, including undocumented workers and individuals with temporary visas; (H) recent migration or relocation; (I) persons with disabilities; (J) LGBTI individuals; (K) people of color; (L) those with limited-English proficiency; (M) low literacy; (N) substance abuse; (O) mental health issues; (P) past trauma or violence; (Q) stigma or discrimination; (R) family conflict, disruption, or dysfunction; (S) community-level risk factors such as peer pressure, social norms, social isolation, gang involvement, and living in an under-resourced school, neighborhood, or community; and (T) society-level risk factors such as lack of awareness of commercial exploitation and human trafficking, sexualization of children, and lack of resources. (2) According to the National Human Trafficking Resource Center, human trafficking survivors have been identified in cities, suburbs, and rural areas in all 50 States, and in Washington, DC. The 3 States with the highest incidents of human trafficking cases reported via phone calls, emails, and online tips to the National Human Trafficking Hotline in 2018 were California, Texas, and Florida, respectively. (3) According to the National Human Trafficking Resource Center, the top recruitment methods used by sex traffickers based on self-reported data from survivors involve an intimate partner or marriage proposition, family members, individuals posing as a benefactor, offers of employment, or individuals perpetrating fraud or offering false promises. (4) According to the National Center on Safe Supportive Learning Environments, traffickers may systematically target vulnerable children by frequenting locations where children congregate--malls, schools, bus and train stations, and group homes, among other locations. Traffickers also use peers or classmates who befriend the target and slowly groom the child for the trafficker by bringing the child along to parties and other activities. According to Common Sense Media, nearly all children age 8 and under live in a home with some type of mobile device and use it every day. This is especially concerning given that traffickers often recruit through social media platforms and other websites. (5) Those within vulnerable populations are often exploited or groomed for entry into human trafficking at a very young age. According to a 2005 clinical report, ``The Evaluation of Sexual Abuse in Children'', published by the American Academy of Pediatrics, studies have suggested that each year approximately 739,000 children experience some form of sexual abuse, resulting in the sexual victimization of 12 percent to 25 percent of girls and 8 percent to 10 percent of boys before the age of 18. (6) Sex trafficking and exploitation can take many harmful forms, including a lesser-known but just as damaging form of uncoerced exploitation referred to as ``survival sex'', meaning the exchange of sex for basic needs including clothing, food, shelter, or other basic necessities. Survival sex does not involve a third-party trafficker or exploiter, and often affects youth, including those who are homeless, runaways, or housing-insecure, who lack the financial resources, job readiness, support system, or opportunity to afford or access these basic necessities. (7) Training students, teachers, and school personnel to understand, recognize, and respond to signs of human trafficking and exploitation in children and youth is invaluable in the effort to identify and prevent human trafficking and exploitation before it occurs. According to the National Human Trafficking Resource Center, the widespread lack of awareness and understanding of human trafficking leads to low levels of survivor identification by the people who most often encounter them. Survivors of human trafficking are often forced to work or provide commercial sex against their will in legal and legitimate business settings or underground markets. It is often the case that those who are being exploited or trafficked are in plain view and may interact with community members, underscoring the urgent need for the expansion of training programs to increase awareness and prevention activities in communities across the United States. SEC. 3. DEMONSTRATION PROJECT TO TRAIN STUDENTS, TEACHERS, AND SCHOOL PERSONNEL TO UNDERSTAND, RECOGNIZE, PREVENT, AND RESPOND TO SIGNS OF HUMAN TRAFFICKING AND CHILD EXPLOITATION. Section 582 of the Public Health Service Act (42 U.S.C. 290hh-1) is amended-- (1) by resdesignating subsections (j) and (k) as subsections (k) and (l), respectively; (2) by inserting after subsection (i) the following: ``(j) Demonstration Project To Train Students, Teachers, and School Personnel To Understand, Recognize, Prevent, and Respond to Signs of Human Trafficking and Child Exploitation.-- ``(1) In general.--The Director of the Office on Trafficking in Persons of the Administration for Children and Families (in this subsection referred to as the `Director') shall carry out a demonstration project for training students, teachers, and school personnel at elementary schools and secondary schools to understand, recognize, prevent, and respond to signs of human trafficking and exploitation in children and youth. ``(2) Project activities.--In carrying out the demonstration project under this subsection, the Director shall-- ``(A) approve vendors pursuant to paragraph (3); ``(B) award grants pursuant to paragraph (4); ``(C) develop a reliable methodology for vendors and grantees to collect, and report to the Director, in a manner that prevents disclosure of individually identifiable information consistent with all applicable privacy laws and regulations, data on the number of human trafficking survivors identified and served pursuant to this subsection, the number of students in elementary school or secondary school identified as being at risk of being trafficked or exploited, and the demographics of such survivors and students at risk; and ``(D) assist entities that are eligible for grants under paragraph (4) in developing proper protocols and procedures to-- ``(i) work with law enforcement to report, and facilitate communication with, human trafficking survivors and exploited children; and ``(ii) refer human trafficking survivors and exploited children to appropriate social or survivor service agencies or organizations. ``(3) Vendors.-- ``(A) In general.--In carrying out the demonstration project under this subsection, the Director shall approve a list of nonprofit organizations as verified vendors-- ``(i) to develop or make available curricula for the training described in paragraph (1); and ``(ii) to implement such training in accordance with such curricula. ``(B) Considerations.--In approving vendors under this subsection, the Director shall give consideration to whether the nonprofit organization-- ``(i) engages stakeholders, including survivors of human trafficking, and Federal, State, local, and Tribal partners, to develop the curricula; and ``(ii) has a demonstrated expertise in-- ``(I) developing human trafficking and exploitation prevention curricula for students, teachers, or school personnel in elementary school and secondary school that is-- ``(aa) age-appropriate; ``(bb) culturally competent; ``(cc) evidence based; ``(dd) validated by university research partners; ``(ee) inclusive of K-12 students; ``(ff) adaptive to all regions; ``(gg) inclusive of all children; and ``(hh) based on vetted and proven materials that have been tested over a 3-year run of success; ``(II) training students, teachers, or school personnel in identification and proper response to human trafficking described in paragraph (1); and ``(III) creating a scalable, repeatable `Train the Trainer' program (defined as a program that trains instructors who can teach material to other instructors) that employs appropriate technology tools and methodologies, including measurement and training curricula. ``(4) Grants.-- ``(A) In general.--In carrying out the demonstration project under this subsection, the Director shall award grants to eligible entities to implement the training described in paragraph (1) in accordance with the curricula developed and made available by verified vendors pursuant to paragraph (3). ``(B) Diversity of grants.--In awarding grants under this subsection, the Director shall-- ``(i) consult with the Director of the Bureau of Justice Assistance, the Administrator for the Office of Juvenile Justice and Delinquency Prevention, the Director of the Office for Victims of Crime, and the head of the Office of Partnership and Engagement of the Department of Homeland Security to identify the geographic areas in the United States with the highest prevalence of reported human trafficking instances for children, aged 5 through 17; ``(ii) consult, as appropriate, with the Secretary of Education, the Secretary of Housing and Urban Development, the Secretary of Labor, and the Attorney General of the United States to identify the geographic areas in the United States with the highest prevalence of at risk, vulnerable, or underserved populations, including homeless youth, foster youth, youth involved in the child welfare system, and runaways; and ``(iii) give priority to eligible entities located in, or primarily serving, one or more areas identified pursuant to clause (i) or (ii). ``(C) Allocation of grant funding.--The Director shall ensure that all grant funds under this subsection are awarded to applicants who serve K-12 students. ``(D) Definition.--In this paragraph, the term `eligible entity' includes a nonprofit organization, an elementary school, a local educational agency, a secondary school, and a State educational agency. ``(5) Data collection and reporting.-- ``(A) In general.--The Director shall collect, and report to the Congress, data on the following: ``(i) The total number of entities that received a grant under this subsection. ``(ii) The total number of elementary and secondary schools that established proper protocols and procedures through program development. ``(iii) The total number and geographic distribution of students, teachers, and school personnel trained pursuant to this subsection. ``(iv) The results of pretraining and posttraining surveys to gauge increased understanding and recognition of signs of human trafficking and exploitation in children and youth. ``(v) The number of human trafficking survivors and exploited children identified and served by vendors and grantees under this subsection, excluding any individually identifiable information about such survivors and children. ``(vi) The number of students in elementary school or secondary school identified by vendors and grantees under this subsection as being at risk of being trafficked or exploited, excluding any individually identifiable information about such survivors. ``(vii) The demographics of human trafficking survivors, exploited children, and students at risk of being trafficked or exploited described in clauses (v) and (vi), excluding any individually identifiable information about such survivors, children, and students. ``(viii) Any best practices identified by the grantees under this subsection. ``(B) Annual report.--The Director shall-- ``(i) submit a report under subparagraph (A) not later than 1 year after the date of enactment of this subsection and annually thereafter; and ``(ii) prepare and submit each such report in a manner that prevents the disclosure of individually identifiable information consistent with all applicable privacy laws and regulations. ``(6) Definitions.--In this subsection: ``(A) The terms `elementary school', `local educational agency', `middle grades', `secondary school', and `State educational agency' have the meanings given to those terms in section 8101 of the Elementary and Secondary Education Act of 1965. ``(B) The term `school personnel' includes school resource officers, school nurses, school counselors, school principals, school administrators, and other school leadership.''; and (3) in subsection (k) (authorizing appropriations), as redesignated by paragraph (1)-- (A) by striking ``There is authorized to be appropriated to carry out this section'' and inserting the following: ``(1) In general.--There is authorized to be appropriated to carry out this section (other than subsection (j))''; and (B) by adding at the end the following: ``(2) Demonstration project funding.--There is authorized to be appropriated to carry out subsection (j) $15,000,000 for each of fiscal years 2022 through 2026.''. <all>

Human Trafficking and Exploitation Prevention Training Act

To amend the Public Health Service Act to provide for the implementation of curricula for training students, teachers, and school personnel to understand, recognize, prevent, and respond to signs of human trafficking and exploitation in children and youth, and for other purposes.

Human Trafficking and Exploitation Prevention Training Act

Rep. Buchanan, Vern

R

FL

S.3001

Health

Easy Enrollment in Health Care Act This bill revises the procedures related to enrollment in health insurance affordability programs, including Medicaid, the Children's Health Insurance Program (CHIP), and state-operated Basic Health Programs. The bill provides funding to support the changes. Specifically, the bill permits individuals who do not have minimum essential coverage to, in conjunction with filing their tax return, determine whether any members of their household are eligible for an insurance affordability program and enroll in minimum essential coverage. The bill makes individuals eligible for Medicaid or CHIP based on a prior finding of eligibility for the Temporary Assistance for Needy Families program or the Supplemental Nutrition Assistance Program. It also revises the continuous coverage standards under Medicaid and CHIP. Additionally, the bill provides access to certain information to support enrollment in insurance affordability programs.

To streamline enrollment in health insurance affordability programs and minimum essential coverage, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Easy Enrollment in Health Care Act''. SEC. 2. DEFINITIONS. In this Act: (1) CHIP program.--The term ``CHIP program'' means a State plan for child health assistance under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.), including any waiver of such a plan. (2) Exchange.--The term ``Exchange'' means an American Health Benefit Exchange established under subtitle D of title I of the Patient Protection and Affordable Care Act (42 U.S.C. 18021 et seq.). (3) Group health plan.--The term ``group health plan'' has the meaning given such term in section 5000(b)(1) of the Internal Revenue Code of 1986. (4) Household income.--The term ``household income'' has the meaning given such term in section 36B(d) of the Internal Revenue Code of 1986. (5) Household member.--The term ``household member'' means the taxpayer, the taxpayer's spouse, and any dependent of the taxpayer. (6) Family size.--The term ``family size'' has the meaning given such term in section 36B(d) of the Internal Revenue Code of 1986. (7) Insurance affordability program.--The term ``insurance affordability program'' means any of the following: (A) A Medicaid program. (B) A CHIP program. (C) The program under title I of the Patient Protection and Affordable Care Act (42 U.S.C. 18001 et seq.) for the enrollment in qualified health plans offered through an Exchange, including the premium tax credits under section 36B of the Internal Revenue Code of 1986, cost-sharing reductions under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071), and the advance payment of such credits and reductions under section 1412(a)(3) of the Patient Protection and Affordable Care Act (42 U.S.C. 18082(a)(3)). (D) A State basic health program under section 1331 of the Patient Protection and Affordable Care Act (42 U.S.C. 18051). (E) Any other Federal, State, or local program that provides assistance for some or all of the cost of minimum essential coverage and requires eligibility for such program to be based in whole or in part on income, including such a program carried out through a waiver under section 1332 of the Patient Protection and Affordable Care Act (42 U.S.C. 18052) or a State program supplementing the advanced payment of tax credits and cost-sharing reductions under section 1412(a)(3) of such Act. (8) Medicaid program.--The term ``Medicaid program'' means a State plan for medical assistance under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), including any waiver of such a plan. (9) Minimum essential coverage.--The term ``minimum essential coverage'' has the meaning given such term in section 5000A(f) of the Internal Revenue Code of 1986. (10) Modified adjusted gross income.--The term ``modified adjusted gross income'' has the meaning given such term in section 36B(d)(2)(B) of the Internal Revenue Code of 1986. (11) Net premium.--The term ``net premium'', with respect to a health plan or other form of minimum essential coverage-- (A) except as provided in subparagraph (B), means the payment from or on behalf of an individual required to enroll in such plan or coverage, after application of the premium tax credit under section 36B of the Internal Revenue Code of 1986, the advance payment of such credit under section 1412(a)(3) of the Patient Protection and Affordable Care Act (42 U.S.C. 18082(a)(3)), and any other assistance provided by an insurance affordability program; and (B) does not include any amounts described in section 36B(b)(3)(D) of the Internal Revenue Code of 1986 or section 1303(b)(2) of the Patient Protection and Affordable Care Act (42 U.S.C. 18023(b)(2)). (12) Poverty line.--The term ``poverty line'' has the meaning given such term in section 36B(d)(3) of the Internal Revenue Code of 1986. (13) Qualified health plan.--The term ``qualified health plan'' has the meaning given such term in section 1301(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18021(a)). (14) Relevant return information.--The term ``relevant return information'' means, with respect to a taxpayer, any return information, as defined in section 6103(b)(2) of the Internal Revenue Code of 1986, which may be relevant, as determined by the Secretary of the Treasury in consultation with the Secretary of Health and Human Services, with respect to-- (A) determining, or facilitating determination of, the eligibility of any household member of the taxpayer for any insurance affordability program, either directly or through enabling access to additional information potentially relevant to such eligibility; or (B) enrolling, or facilitating the enrollment of, such individual in minimum essential coverage. (15) Single, streamlined application.--The term ``single, streamlined application'' means the form described in section 1413(b)(1)(A) of the Patient Protection and Affordable Care Act (42 U.S.C. 18083(b)(1)(A)). (16) Tax return preparer.--The term ``tax return preparer'' has the meaning given such term in section 7701(a)(36) of the Internal Revenue Code of 1986. (17) Zero net premium.--The term ``zero net premium'', with respect to a health plan or other form of minimum essential coverage, means a net premium of $0.00 for such plan coverage. SEC. 3. FEDERAL INCOME TAX RETURNS USED TO FACILITATE ENROLLMENT INTO INSURANCE AFFORDABILITY PROGRAMS. (a) In General.--Not later than January 1, 2024, the Secretary shall establish a program which allows any taxpayer who is not covered under minimum essential coverage at the time their return of tax for the taxable year is filed, as well as any other household member who is not covered under such coverage, to, in conjunction with the filing of their return of tax for any taxable year which begins after December 31, 2022, elect to-- (1) have a determination made as to whether the household member who is not covered under such coverage is eligible for an insurance affordability program; and (2) have such household member enrolled into minimum essential coverage, provided that-- (A) such coverage is provided through a zero-net- premium plan, and (B) the taxpayer does not-- (i) opt out of coverage through the zero- net-premium plan, or (ii) select a different plan. (b) Taxpayer Requirements and Consent.-- (1) In general.--Pursuant to the program established under subsection (a), the taxpayer may, in conjunction with the filing of their return of tax for the taxable year-- (A) identify any household member who is not covered under minimum essential coverage at the time of such filing; and (B) with respect to each household member identified under subparagraph (A), elect whether to-- (i) in accordance with section 6103(l)(23) of the Internal Revenue Code of 1986 (as added by subsection (f)), consent to the disclosure and transfer to the applicable Exchange of any relevant return information for purposes of determining whether such household member may be eligible for any insurance affordability program and facilitating enrollment into such program and minimum essential coverage, including any further disclosure and transfer by the Exchange to any other entity as is deemed necessary to accomplish such purposes; and (ii) in the case consent is provided under clause (i) with respect to such household member, enroll such household member in any minimum essential coverage that is available with a zero net premium, if-- (I) the member is eligible for such coverage through an insurance affordability program; and (II) the member does not, by the end of the special enrollment period described in section 4(c)(1)(A)-- (aa) select a different plan offering minimum essential coverage; or (bb) opt out of such coverage that is available with a zero net premium. (2) Establishment of options for taxpayer consent and election.--For purposes of paragraph (1)(B), the Secretary, in consultation with the Secretary of Health and Human Services, may provide the elections under such paragraph as a single election or as 2 elections. (3) Supplemental form.-- (A) In general.--In the case of a taxpayer who has consented to disclosure and transfer of relevant return information pursuant to paragraph (1)(B)(i), such taxpayer shall be enrolled in the insurance affordability program only if the taxpayer submits a supplemental form which is designed to collect additional information necessary (as determined by the Secretary of Health and Human Services) to establish eligibility for and enrollment in an insurance affordability program, which may include (except as provided in subparagraph (B)), with respect to each individual described in paragraph (1)(A), the following: (i) State of residence. (ii) Date of birth. (iii) Employment and the availability of benefits under a group health plan at the time the return of tax is filed. (iv) Any changed circumstances described in section 1412(b)(2) of the Patient Protection and Affordable Care Act; (42 U.S.C. 18082(b)(2)). (v) Solely for the purpose of facilitating automatic renewal of coverage and eligibility redeterminations under section 1413(c)(3)(A) of such Act (42 U.S.C. 18083(c)(3)(A)), authorization for the Secretary to disclose relevant return information for subsequent taxable years to insurance affordability programs. (vi) Any methods preferred by the taxpayer or household member for the purpose of being contacted by the applicable Exchange or insurance affordability program with respect to any eligibility determination for, or enrollment in, an insurance affordability program or minimum essential coverage, such as an email address or a phone number for calls or text messages. (vii) Information about household composition that-- (I) may affect eligibility for an insurance affordability program, and (II) is not otherwise included on the return of tax. (viii) Such other information as the Secretary, in consultation with the Secretary of Health and Human Services, may require, including information requested on the single, streamlined application. (B) Limitations.--The information obtained through the form described in subparagraph (A) may not include any request for information with respect to citizenship, immigration status, or health status of any household member. (C) Additional information.--The form described in subparagraph (A) and the accompanying tax instructions may provide the taxpayer with additional information about insurance affordability programs, including information provided to applicants on the single, streamlined application. (D) Accessibility.-- (i) In general.--The Secretary shall ensure that the form described in subparagraph (A) is made available to all taxpayers without discrimination based on language, disability, literacy, or internet access. (ii) Rule of construction.--Nothing in clause (i) shall be construed as diminishing, reducing, or otherwise limiting any other legal obligation for the Secretary to avoid or to prevent discrimination. (4) Return language.--The Secretary, in consultation with the Secretary of Health and Human Services, shall, with respect to any items described in this subsection which are to be included in a taxpayer's return of tax, develop language for such items which is as simple and clear as possible (such as referring to ``insurance affordability programs'' as ``free or low-cost health insurance''). (c) Tax Return Preparers.-- (1) In general.--With respect to any information submitted in conjunction with a tax return solely for purposes of the program described in subsection (a), any tax return preparer involved in preparing the return containing such information shall not be obligated to assess the accuracy of such information as provided by the taxpayer. (2) Submission of information.--As part of the program described in subsection (a), the Secretary shall establish methods to allow for the immediate transfer of any relevant return information to the applicable Exchange and insurance affordability programs in order to increase the potential for immediate determinations of eligibility for and enrollment in insurance affordability programs and minimum essential coverage. (d) Transfer of Information Through Secure Interface.-- (1) In general.--As part of the program established under subsection (a), the Secretary shall develop a secure, electronic interface allowing an exchange of relevant return information with the applicable Exchange in a manner similar to the interface described in section 1413(c)(1) of the Patient Protection and Affordable Care Act (42 U.S.C. 18083(c)(1)). Upon receipt of such information, the applicable Exchange may convey such information to any other entity as needed to facilitate determination of eligibility for an insurance affordability program or enrollment into minimum essential coverage. (2) Transfer by treasury or tax preparers.-- (A) In general.--The interface described in paragraph (1) shall allow, for any taxpayer who has provided consent pursuant to subsection (b)(1)(B)(i), for relevant return information, along with confirmation that the Secretary has accepted the return filing as meeting applicable processing criteria, to be transferred to an applicable Exchange by-- (i) the Secretary; or (ii) pursuant to such requirements and standards as are established by the Secretary (in consultation with the Secretary of Health and Human Services)-- (I) if the Secretary is not able to transfer such information to the applicable Exchange, the taxpayer; or (II) the tax return preparer who prepared the return containing such information. (B) Transfer requirements.--As soon as is practicable after the filing of a return described in subsection (a) in which the taxpayer has provided consent pursuant to subsection (b)(1)(B)(i), the Secretary shall provide for all relevant return information to be transferred to the applicable Exchange. (C) Data security.--Any transfer of relevant return information described in this subsection shall be conducted-- (i) pursuant to interagency agreements that ensure data security and maintain privacy in a manner that satisfies the requirements under section 1942(b) of the Social Security Act (42 U.S.C. 1396w-2(b)); and (ii) in the case of any taxpayer filing their tax return electronically, in a manner that maximizes the opportunity for such taxpayer, as part of the process of filing such return, to immediately-- (I) obtain a determination with respect to the eligibility of any household member for any insurance affordability program; and (II) enroll in minimum essential coverage. (e) Errors That Affect Eligibility for Insurance Affordability Programs.--The Secretary of Health and Human Services, in consultation with the Secretary, shall establish procedures for addressing instances in which an error in relevant return information that was transferred to an Exchange under subsection (d) may have resulted in a determination that an individual is eligible for more or less assistance under an insurance affordability program than the assistance for which the individual would otherwise have been eligible without the error. Such procedures shall include procedures for-- (1) the reporting of such error to the individual, the Secretary of Health and Human Services, and the applicable Exchange and insurance affordability program, regardless of whether such error was included in an amendment to the tax return; and (2) correcting, as soon as practicable, the individual's eligibility status for insurance affordability programs, subject to, in the case of reduced eligibility for assistance, any right of notice and appeal under laws governing the applicable insurance affordability program, including section 1411(f) of the Patient Protection and Affordable Care Act (42 U.S.C. 18081(f)). (f) Disclosure of Return Information for Determining Eligibility for Insurance Affordability Programs and Enrollment Into Minimum Essential Health Coverage.-- (1) In general.--Section 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(23) Disclosure of return information for determining eligibility for insurance affordability programs and enrollment into minimum essential health coverage.-- ``(A) In general.--In the case of any taxpayer who has consented to the disclosure and transfer of any relevant return information with respect to any household member pursuant to section 3(b) of the Easy Enrollment in Health Care Act, the Secretary shall disclose such information to the applicable Exchange. ``(B) Restriction on disclosure.--Return information disclosed under subparagraph (A) may be-- ``(i) used by an Exchange only for the purposes of, and to the extent necessary in-- ``(I) determining eligibility for an insurance affordability program, or ``(II) facilitating enrollment into minimum essential coverage, and ``(ii) further disclosed by an Exchange to any other person only for the purposes of, and to the extent necessary, to carry out subclauses (I) and (II) of clause (i). ``(C) Definitions.--For purposes of this paragraph, the terms `relevant return information', `Exchange', `insurance affordability program', and `minimum essential coverage' have the same meanings given such terms under section 2 of the Easy Enrollment in Health Care Act.''. (2) Safeguards.--Section 6103(p)(4) of the Internal Revenue Code of 1986 is amended by inserting ``or any Exchange described in subsection (l)(23),'' after ``or any entity described in subsection (l)(21),'' each place it appears. (g) Applications for Insurance Affordability Programs Without Reliance on Federal Income Tax Returns.-- (1) Rule of construction.--Nothing in this Act shall be construed as requiring any individual, as a condition of applying for an insurance affordability program, to-- (A) file a return of tax for any taxable year for which filing a return of tax would not otherwise be required for such taxable year; or (B) consent to disclosure of relevant return information under subsection (b)(1)(B)(i). (2) Methods and procedures.--Any agency administering an insurance affordability program shall implement methods and procedures, as prescribed by the Secretary of Health and Human Services, in consultation with the Secretary, through which, in the case of an individual applying for an insurance affordability program without filing a return of tax or consenting to disclosure of relevant return information under subsection (b)(1)(B)(i), the program determines household income and family size for-- (A) a calendar year described in section 1902(e)(14)(D)(vii)(I) of the Social Security Act (42 U.S.C. 1396a), as added by section 5(b); and (B) an applicable taxable year, as defined in section 36B(c)(5) of the Internal Revenue Code of 1986 (as added by section 5(c)). (h) Secretary.--In this section, the term ``Secretary'' means the Secretary of the Treasury, or the Secretary's delegate. SEC. 4. EXCHANGE USE OF RELEVANT RETURN INFORMATION. (a) In General.--An Exchange that receives relevant return information under section 3(d) with respect to a taxpayer who has provided consent under section 3(b)(1)(B) shall-- (1) minimize additional information (if any) that is required to be provided by such taxpayer for a household member to qualify for any insurance affordability program by, whenever feasible, qualifying such household member for such program based on-- (A) relevant information provided on the tax return filed by the taxpayer, including information on the supplemental form described in section 3(b)(3); and (B) information from other reliable third-party data sources that is relevant to eligibility for such program but not available from the return, including information obtained through data matching based on social security numbers, other identifying information, and other items obtained from such return; (2) determine the eligibility of any household member for the CHIP program and, where eligibility is determined based on modified adjusted gross income, the Medicaid program, as required under section 1413 of the Patient Protection and Affordable Care Act (42 U.S.C. 18083) and section 1943 of the Social Security Act (42 U.S.C. 1396w-3), subject to any right of notice and appeal under laws governing such programs, including section 1411(f) of the Patient Protection and Affordable Care Act (42 U.S.C. 18081(f)); (3) to the extent that any additional information is necessary for determining the eligibility of any household member for an insurance affordability program, obtain such information in the manner that-- (A) imposes the lowest feasible procedural burden to the taxpayer, including-- (i) in the case of a taxpayer filing their tax return electronically, online collection of such information at or near the time of such filing; and (ii) prior to a denial of eligibility or enrollment due to failure to provide such information, attempting to contact the taxpayer multiple times using the preferred contact methods described in section 3(b)(3)(A)(vi); and (B) provides the individual with all procedural protections that would otherwise be available in applying for such program, including the reasonable opportunity period described in section 1137(d)(4)(A) of the Social Security Act (42 U.S.C. 1320b- 7(d)(4)(A)); and (4) when an individual is found eligible for an insurance affordability program other than the Medicaid program-- (A) enable such individual, through procedures prescribed by the Secretary of Health and Human Services, to seek coverage under the Medicaid program or CHIP program by providing additional information demonstrating potential eligibility for such program, with any resulting determination subject to rights of notice and appeal under laws governing insurance affordability programs, including section 1411(f) of the Patient Protection and Affordable Care Act (42 U.S.C. 18081(f)); and (B) provide such individual with notice of such procedures. (b) Medicaid and CHIP.-- (1) State options.-- (A) In general.--In a State for which the Secretary of Health and Human Services is determining eligibility for individuals who apply for insurance affordability programs at the Exchange serving residents of the individual's State, the Secretary of Health and Human Services shall present the State with not less than 3 sets of options for verification procedures and business rules that the Exchange serving residents of such State shall use in determining eligibility for the State Medicaid program and CHIP program with respect to individuals who are household members described in section 3(b)(1)(B). Notwithstanding any other provision of law, the Secretary of Health and Human Services may present each State with the same 3 sets of options, provided that each set can be customized to reflect each State's decisions about optional eligibility categories and criteria for the Medicaid program and CHIP program. (B) Business rules.--The business rules described in subparagraph (A) shall specify detailed eligibility determination rules and procedures for processing initial applications and renewals, including-- (i) the Secretary's use of data from State agencies and other sources described in subsection (c)(3)(A)(ii) of section 1413 of the Patient Protection and Affordable Care Act (42 U.S.C. 18083); and (ii) the circumstances for administrative renewal of eligibility for the Medicaid program and the CHIP program, based on data showing probable continued eligibility. (C) Default.--In the case of a State described in subparagraph (A) that does not select an option from the set presented under such subparagraph within a timeframe specified by the Secretary of Health and Human Services, the Secretary of Health and Human Services shall determine the option that the Exchange shall use for such State for the purposes described in such subparagraph. (D) Rule of construction.--Nothing in this paragraph shall be construed as requiring a State to provide benefits under title XIX or XXI of the Social Security Act (42 U.S.C. 1396 et seq., 1397aa et seq.) to a category of individuals, or to set an income eligibility threshold for benefits under such titles at a certain level, if the State is not otherwise required to do so under such titles. (2) Enrollment.-- (A) In general.--If the Exchange in a State determines that an individual described in paragraph (1)(A) is eligible for benefits under the State Medicaid program or CHIP program, the Exchange shall send the relevant information about the individual to the State and, if consent has been given under section 3(b)(1)(B) to enrollment in a health plan or other form of minimum essential coverage with a zero net premium, the State shall enroll such individual in the State Medicaid program or CHIP program (as applicable) as soon as practicable, except as provided in subparagraphs (B) and (D). (B) Exception.--A State shall not enroll an individual in coverage under the State Medicaid program or CHIP program without the affirmative consent of the individual if the individual would be required to pay a premium for such coverage. (C) Managed care.--If the State Medicaid program or CHIP program requires an individual enrolled under subparagraph (A) to receive coverage through a managed care organization or entity, the State shall use a procedure for assigning the individual to such an organization or entity (including auto-assignment procedures) that is commonly used in the State when an individual who is found eligible for such program does not affirmatively select a particular organization or entity. (D) Opt-out procedures.--Notwithstanding subparagraph (A), an individual described in such subparagraph shall be given one or more opportunities to opt out of coverage under a State Medicaid program or CHIP program, using procedures prescribed by the Secretary of Health and Human Services. (c) Advance Premium Tax Credits for Qualified Health Plans.-- (1) In general.--In the case where a taxpayer has filed their return of tax for a taxable year on or before the date specified under section 6072(a) of the Internal Revenue Code of 1986 with respect to such year and has provided consent described in section 3(b)(1)(B)(i), if the Exchange has determined that an applicable household member has not qualified for the Medicaid program or the CHIP program, such Exchange shall-- (A) in addition to any such period that may otherwise be available, provide a special enrollment period that begins on the date the taxpayer has provided such consent; and (B) determine-- (i) whether the taxpayer would, pursuant to section 1412 of the Patient Protection and Affordable Care Act (42 U.S.C. 18082), be eligible for advance payment of the premium assistance tax credit under section 36B of the Internal Revenue Code of 1986 if such household member of the taxpayer were enrolled in a qualified health plan; and (ii) if the taxpayer has made the election described in section 3(b)(1)(B)(ii), whether such household member has one or more options to enroll in a qualified health plan with a zero net premium. (2) Enrollment in a qualified health plan with a zero net premium.-- (A) In general.--In the case that a household member described in paragraph (1) has one or more options to enroll in a qualified health plan with a zero net premium, and consent has been given under section 3(b)(1)(B) for enrollment of such household member in a qualified health plan with a zero net premium-- (i) the Exchange shall identify a set of options (as described in subparagraph (B)) for qualified health plans offering a zero net premium; and (ii) from such set, select a qualified health plan as the default enrollment choice for the household member in accordance with subparagraph (C). (B) Option sets.-- (i) In general.--In the case that multiple qualified health plans with a zero net premium are available with more than 1 actuarial value, the Exchange shall limit the set of options under subparagraph (A)(i) to such qualified health plans with the highest available actuarial value. (ii) Further restrictions.--In the case described in clause (i), the Exchange may further limit the set of options under subparagraph (A)(i), among the qualified health plans that have the highest available actuarial value as described in clause (i), based on the generosity of such plans' coverage of services not subject to a deductible. (iii) Definition of highest actuarial value.--For purposes of this subparagraph, the term ``highest actuarial value'' means the highest actuarial value among-- (I) the levels of coverage described in paragraph (1) of section 1302(d) of the Patient Protection and Affordable Care Act (42 U.S.C. 18022(d)), without regard to allowable variance under paragraph (3) of such section; and (II) as applicable, the levels of coverage that result from the application of cost-sharing reductions under section 1402 of such Act (42 U.S.C. 18071). (C) Selecting a default option.--The Secretary of Health and Human Services shall establish procedures that Exchanges may use in selecting, from the set of options described in subparagraph (B), the default enrollment choice under subparagraph (A)(ii). Such procedures shall include-- (i) State options for randomization among health insurance issuers; and (ii) factors that may be used to weight such randomization. (D) Notification of default enrollment.--As soon as possible after an Exchange has identified a default enrollment choice for an individual under subparagraph (A)(ii), the Exchange shall provide the individual with notice of such selection. The notice shall include-- (i) a description of coverage provided by the selected qualified health plan; (ii) encouragement to learn about all available qualified health plan options before the end of the special enrollment period under paragraph (1)(A) and to select a plan that best meets the needs of the individual and the individual's family; (iii) an explanation that, if the individual does not select a qualified health plan by the end of such special enrollment period or opt out of default enrollment in accordance with the process described in clause (iv), the Exchange will enroll the individual in such selected qualified health plan in accordance with subparagraph (E); (iv) an explanation of the opt-out process preceding implementation of default enrollment, which shall meet standards prescribed by the Secretary of Health and Human Services; and (v) information on options for assistance with enrollment and plan choice, including publicly funded navigators and private brokers and agents approved by the Exchange. (E) Default enrollment.-- (i) In general.--Subject to subparagraph (F), an Exchange shall enroll in a default enrollment choice any individual who-- (I) is sent a notice under subparagraph (D); and (II) fails to select a different qualified health plan, or opt out of default enrollment under this paragraph, by the end of the special enrollment period described in paragraph (1)(A). (ii) Updated notice.--At the time of the default enrollment described in clause (i), the Exchange shall send a notice to the individual explaining that default enrollment has occurred, describing the plan into which the individual has been enrolled, and explaining the reconsideration procedures described in subparagraph (F). (F) Reconsideration.-- (i) In general.--Not later than 30 days after receiving a notice under subparagraph (E)(ii), the individual receiving such notice may use a method provided by the Exchange to indicate-- (I) the individual's decision to disenroll from the qualified health plan selected under subparagraph (A)(ii); or (II) in the case of a household member for whom the selected qualified health plan under such subparagraph is a high cost-sharing qualified health plan, the individual's decision to enroll in a specified lower cost- sharing qualified health plan, identified by the Exchange, that is offered by the same health insurance issuer that sponsors the qualified health plan that was selected under such subparagraph. (ii) Definitions.--For purposes of this subparagraph: (I) High cost-sharing qualified health plan.--The term ``high cost- sharing qualified health plan'' means-- (aa) in the case of a household member with a household income at or below 200 percent of the poverty line, a qualified health plan that is not at the silver level; or (bb) in the case of a household member with a household income above 200 percent of the poverty line, a qualified health plan that is not at the gold or platinum level. (II) Specified lower cost-sharing qualified health plan.--The term ``specified lower cost-sharing qualified health plan'' means-- (aa) in the case of a household member with a household income at or below 200 percent of the poverty line, the lowest-premium qualified health plan offered by the health insurance issuer that is at the silver level; or (bb) in the case of a household member with a household income above 200 percent of the poverty line, the lowest-premium qualified health plan offered by the health insurance issuer that is at the gold level. SEC. 5. MODERNIZING ELIGIBILITY CRITERIA FOR INSURANCE AFFORDABILITY PROGRAMS. (a) Improving the Stability and Predictability of Medicaid and CHIP Coverage.-- (1) In general.--Section 1902(e) of the Social Security Act (42 U.S.C. 1396a(e)) is amended by striking paragraph (12) and inserting the following: ``(12) Continuous eligibility.-- ``(A) Continuous eligibility option for children.-- At the option of the State, the plan may provide that an individual who is under an age specified by the State (not to exceed 19 years of age) and who is determined to be eligible for benefits under a State plan approved under this title under subsection (a)(10)(A) shall remain eligible for those benefits until the earlier of-- ``(i) the end of a period (not to exceed 12 months) following the determination; or ``(ii) the time that the individual exceeds that age. ``(B) Continuous coverage for certain eligible individuals subject to modified adjusted gross income criteria.-- ``(i) In general.--At the option of the State, the State may provide that an individual who is determined to be eligible for benefits under the State plan (or a waiver of such plan), who is under such age as the State may specify, and whose eligibility is based on satisfaction of modified adjusted gross income requirements shall remain eligible for those benefits until the end of a period specified by the State (not to exceed 12 months) following such determination. ``(ii) Requirement to provide continuous coverage from 2023 to 2030.--During the period beginning on January 1, 2023, and ending on December 31, 2030, clause (i) shall be applied-- ``(I) by substituting `The State shall provide' for `At the option of the State, the State may provide'; ``(II) by striking `, who is under such age as the State may specify,'; and ``(III) by substituting `the 12 month period' for `a period specified by the State (not to exceed 12 months)'. ``(C) Eligibility category flexibility.--A State shall ensure that, notwithstanding the application of a continuous coverage period under this paragraph, an individual who is enrolled under the State plan (or a waiver of such plan) shall be permitted to change the eligibility category under which the individual is enrolled during such a period if the new eligibility category would result in the individual receiving greater benefits under the plan (or waiver) or in a reduction to the premiums or cost-sharing imposed on the individual under the plan (or waiver).''. (2) Application to chip.--Section 2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1)) is amended-- (A) by redesignating subparagraphs (H) through (T) as subparagraphs (I) through (U), respectively; and (B) by inserting after subparagraph (G) the following new subparagraph: ``(H) Section 1902(e)(12) (relating to the provision of continuous coverage), except that, in addition to ensuring that an individual may change the eligibility category under which the individual is enrolled under this title during a continuous coverage period under such section, the State shall also ensure that an individual shall be permitted during such period to enroll in the State plan under title XIX (or a waiver of such plan).''. (3) Effective date.--The amendments made by this subsection shall take effect on October 1, 2021. (b) Income Eligibility Determinations for Medicaid and CHIP.-- (1) In general.--Section 1902(e)(14)(D) of the Social Security Act (42 U.S.C. 1396a(e)(14)(D)) is amended by adding at the end the following new clauses: ``(vi) SNAP and tanf eligibility findings.-- ``(I) In general.--Subject to subclause (III), a State shall provide that an individual for whom a finding has been made as described in clause (II) shall meet applicable eligibility for assistance under the State plan or a waiver of the plan involving financial eligibility, citizenship or satisfactory immigration status, and State residence. A State shall rely on such a finding both for the initial determination of eligibility for medical assistance under the plan or waiver and any subsequent redetermination of eligibility. ``(II) Findings described.--A finding described in this subclause is a determination made within a reasonable period (as determined by the Secretary) by a State agency responsible for administering the Temporary Assistance for Needy Families program under part A of title IV or the Supplemental Nutrition Assistance Program established under the Food and Nutrition Act of 2008 that an individual is eligible for benefits under such program. ``(III) Limitation.--A State shall be required to rely on the findings of the State agency responsible for administering the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 only in the case of-- ``(aa) an individual who is under 19 years of age; or ``(bb) an individual who is described in subsection (a)(10)(A)(i)(VIII). ``(IV) State option.--A State may rely on the findings of the State agency responsible for administering the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 in the case of an individual not described in subclause (III). ``(vii) Recent annual income establishing eligibility.-- ``(I) In general.--For purposes of determining the income eligibility for medical assistance of an individual whose eligibility is determined based on the application of modified adjusted gross income under subparagraph (A), a State shall provide that an individual whose eligibility date occurs in January, February, March, or April of a calendar year shall be financially eligible if the individual's modified adjusted gross income for the preceding calendar year satisfies the income eligibility requirement applicable to the individual. ``(II) Definition.--For purposes of this clause, an `eligibility date' means-- ``(aa) in the case of an individual who is not receiving medical assistance when the individual applies for an insurance affordability program (as defined in section 2 of the Easy Enrollment in Health Care Act), whether such application takes place through section 3(b) of such Act or otherwise, the date on which such individual applies for such program; and ``(bb) in the case of an individual who is receiving medical assistance and whose continued eligibility for such assistance is being redetermined, the date on which the individual is determined to satisfy all eligibility requirements applicable to the individual other than income eligibility. ``(III) Rules of construction.-- ``(aa) Eligibility determinations during may through december.--Nothing in subclause (I) shall be construed as diminishing, reducing, or otherwise limiting the State's obligation to grant eligibility, under circumstances other than those described in such subclause, based on data that include income shown on an individual's tax return, including the obligation under section 1413(c)(3)(A) of the Patient Protection and Affordable Care Act (42 U.S.C. 18083(c)(3)(A)). ``(bb) Alternative grounds for eligibility.--Nothing in subclause (I) shall be construed as diminishing, reducing, or otherwise limiting grounds for eligibility other than those described in such subclause, including eligibility based on income as of the point in time at which an application for medical assistance under the State plan or a waiver of the plan is processed. ``(cc) Qualifying for additional assistance.-- Notwithstanding subclause (I), a State shall use an individual's modified adjusted gross income as determined as of the point in time at which the individual's application for medical assistance is processed or, in the case of redetermination of eligibility, projected annual income, to determine the individual's eligibility for medical assistance if using the individual's modified adjusted gross income, as so determined, would result in the individual being eligible for greater benefits under the State plan (or a waiver of such plan) or in the imposition of lower premiums or cost-sharing on the individual under the plan (or waiver) than if the individual's eligibility was determined using the modified adjusted gross income of the individual as shown on the individual's tax return for the preceding calendar year.''. (2) Conforming amendment.--Section 1902(e)(14)(H)(i) of the Social Security Act (42 U.S.C. 1396a(e)(14)(H)(i)) is amended by inserting ``except as provided in subparagraph (D)(vii)(I),'' before ``the requirement''. (3) Effective date.--The amendments made by this subsection shall take effect on January 1, 2023. (c) Improving the Stability and Predictability of Exchange Coverage.-- (1) Internal revenue code of 1986.--Section 36B of the Internal Revenue Code of 1986 is amended-- (A) in subsection (b)-- (i) in paragraph (2)(B)(ii), by striking ``taxable year'' and inserting ``applicable tax year'', and (ii) in paragraph (3)-- (I) in subparagraph (A)-- (aa) in clause (i), by striking ``taxable year'' and inserting ``applicable taxable year'', and (bb) in clause (ii)(I), by inserting ``(or, in the case of applicable taxable years beginning in any calendar year after 2023)'' after ``2014'', and (II) in subparagraph (B)-- (aa) in clause (ii)(I)(aa), by striking ``the taxable year'' each place it appears and inserting ``the applicable taxable year'', and (bb) in the flush matter at the end-- (AA) striking ``files a joint return and no credit is allowed'' and inserting ``filed a joint return during the applicable taxable year and no credit was allowed'', and (BB) striking ``unless a deduction is allowed under section 151 for the taxable year'' and inserting ``unless a deduction was allowed under section 151 for the applicable taxable year'', (B) in subsection (c)-- (i) in paragraph (1)-- (I) in subparagraphs (A) and (C), by striking ``taxable year'' each place it appears and inserting ``applicable taxable year'', and (II) in subparagraph (D), by striking ``is allowable'' and all that follows through the period and inserting ``was allowable to another taxpayer for the applicable taxable year.'', (ii) in paragraph (2)(C), by adding at the end the following: ``(v) Time period.-- ``(I) In general.--Except as provided under subclause (II), eligibility for minimum essential coverage under this subparagraph shall be based on the individual's eligibility for employer-sponsored minimum essential coverage during the open enrollment period (or during a special enrollment period for an individual who enrolls or who changes their qualified health plan during a special enrollment period), as determined by the applicable Exchange. ``(II) Exception.--An individual shall be considered eligible for minimum essential coverage under clause (iii) for a month for which such Exchange has determined, subject to rights of notice and appeal under laws governing the applicable insurance affordability program (including section 1411(f) of the Patient Protection and Affordable Care Act (42 U.S.C. 18081(f))), that the individual is covered by an eligible employer- sponsored plan.'', and (iii) by adding at the end the following: ``(5) Applicable taxable year.--The term `applicable taxable year' means-- ``(A) with respect to a coverage month that is January, February, March, April, or May, the most recent taxable year that ended at least 12 months before January 1 of the plan year, and ``(B) with respect to any coverage month not described in subparagraph (A), the most recent taxable year that ended before January 1 of the plan year. ``(6) Exchange.--The term `Exchange' means an American Health Benefit Exchange established under subtitle D of title I of the Patient Protection and Affordable Care Act (42 U.S.C. 18021 et seq.). ``(7) Open enrollment period.--The term `open enrollment period' means an open enrollment period described in subsection (c)(6)(B) of section 1311 of the Patient Protection and Affordable Care Act (42 U.S.C. 18031).'', (C) in subsection (d)-- (i) in paragraph (1)-- (I) by striking ``is allowed'' and inserting ``was allowed'', and (II) by inserting ``applicable'' before ``taxable year'', (ii) in paragraph (3)(B), by inserting ``applicable'' before ``taxable year'', (D) in subsection (e)(1)-- (i) by striking ``is allowed'' and inserting ``was allowed'', and (ii) by inserting ``applicable'' before ``taxable year'', and (E) in subsection (f)(2)-- (i) in subparagraph (A), by striking ``If'' and inserting ``Except as provided in subparagraphs (B) and (C), if'', and (ii) by inserting at the end the following: ``(C) Safe harbor.-- ``(i) Income and family size.--No increase under subparagraph (A) shall be imposed if the advance payments do not exceed amounts that are consistent with income and family size, either-- ``(I) as shown on the return of tax for the applicable plan year, provided such return was accepted by the Secretary as meeting applicable processing criteria, or ``(II) as determined by the applicable Exchange under subsection (b)(4) of section 1412 of the Patient Protection and Affordable Care Act (42 U.S.C. 18082). ``(ii) Employer-sponsored minimum essential coverage.--No increase under subparagraph (A) shall be imposed based on eligibility for minimum essential coverage under subsection (c)(2)(C) if the applicable Exchange-- ``(I) determined, under clause (v)(I) of such subsection, that the individual was ineligible for employer- sponsored minimum essential coverage, and ``(II) did not determine, under clause (v)(II) of such subsection, that the individual was covered through employer-sponsored minimum essential coverage. ``(iii) Exception.--Clauses (i) and (ii) shall not apply to the extent that any determination described in such clauses was based on a false statement by the taxpayer which-- ``(I) was intentional or grossly negligent, and ``(II) was-- ``(aa) made on a return of tax, or ``(bb) provided or caused to be provided to an Exchange by the taxpayer.''. (2) Patient protection and affordable care act.--Section 1412(b) of the Patient Protection and Affordable Care Act (42 U.S.C. 18082(b)) is amended-- (A) in paragraph (1)(B), by striking ``the most recent'' and all that follows through the period at the end and inserting ``the applicable taxable year, as defined in section 36B(c)(5) of the Internal Revenue Code of 1986.''; (B) in paragraph (2)(B), by striking ``second preceding taxable year'' and inserting ``applicable taxable year, as defined in such section 36B(c)(5)''; and (C) by adding at the end the following: ``(3) Change form.--If, after the submission of an individual's application form, the individual experiences changes in circumstances as described in paragraph (2), the individual may, by submitting a change form as prescribed by the Secretary, apply for an increased amount of advance payments of the premium tax credit under section 36B of the Internal Revenue Code of 1986, increased cost-sharing reductions under section 1402, increased assistance under the basic health program under section 1331, and coverage through a State Medicaid program or CHIP program. ``(4) Eligibility for additional assistance.-- ``(A) In general.--The Secretary, in consultation with the Secretary of the Treasury, shall establish a process through which-- ``(i) an Exchange determines, through data sources and procedures described in sections 1411 and 1413 (42 U.S.C. 18081; 42 U.S.C. 18083), whether each individual who has submitted a change form under paragraph (3) has experienced substantial changes in circumstances that warrant additional assistance through an insurance affordability program, as defined in section 2 of the Easy Enrollment in Health Care Act; ``(ii) in the case the Exchange determines an individual has experienced substantial changes in circumstances as described in clause (i), the Exchange conveys such determination to the Secretary of the Treasury under section 36B(f) of the Internal Revenue Code of 1986 and to the administrator of an insurance affordability program for which the individual may qualify under that determination; and ``(iii) in the case the Exchange determines an individual has experienced substantial changes in circumstances described in clause (i), the individual may qualify without delay for additional advance premium tax credits under section 36B of the Internal Revenue Code of 1986, increased cost-sharing reductions under section 1402, additional basic health program assistance under section 1331, or coverage through a State Medicaid program or CHIP program. ``(B) Rights to notice and appeal.--A determination made by an Exchange under this paragraph shall be subject to any applicable rights of notice and appeal, including such rights under section 1411(f).''. (3) Effective dates.--The amendments made by this subsection shall take effect on January 1, 2024, and continue in effect through December 31, 2030. SEC. 6. STRENGTHENING DATA INFRASTRUCTURE FOR ELIGIBILITY FOR INSURANCE AFFORDABILITY PROGRAMS. (a) Insurance Affordability Program Access to National Directory of New Hires.--Section 453(i) of the Social Security Act (42 U.S.C. 653(i)) is amended by adding at the end the following new paragraphs: ``(5) Administration of insurance affordability programs.-- ``(A) In general.--The Secretary shall provide access to insurance affordability programs (as such term is defined in section 2 of the Easy Enrollment in Health Care Act) to information in the National Directory of New Hires that involves-- ``(i) identity, employer, quarterly wages, and unemployment compensation, to the extent such information is potentially relevant to determining the eligibility or scope of coverage of an individual for benefits provided by such a program; and ``(ii) new hires, to the extent such information is potentially relevant to determining whether an individual is offered minimum essential coverage through a group health plan, as defined in section 5000(b)(1) of the Internal Revenue Code of 1986. ``(B) Reimbursement of hhs costs.--Insurance affordability programs shall reimburse the Secretary, in accordance with subsection (k)(3), for the additional costs incurred by the Secretary in furnishing information under this paragraph.''. (b) Use of Information From the National Directory of New Hires.-- Notwithstanding any other provision of law-- (1) in determining an individual's eligibility for advance payment of premium tax credits under section 1412(a)(3) of the Patient Protection and Affordable Care Act (42 U.S.C. 18082(a)(3)), and cost-sharing reductions under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071), and a basic health program under section 1331 of the Patient Protection and Affordable Care Act (42 U.S.C. 18051), an Exchange may use information about identity, employer, quarterly wages, and unemployment compensation in the National Directory of New Hires, and information about new hires to determine whether an individual is offered minimum essential coverage through a group health plan, as defined in section 5000(b)(1) of the Internal Revenue Code of 1986, subject to notice and appeal rights for any resulting eligibility determination, including the rights described in section 1411(f) of the Patient Protection and Affordable Care Act (42 U.S.C. 18081(f)); and (2) Medicaid programs and CHIP programs may use information in the National Directory of New Hires about identity, employer, quarterly wages, and unemployment compensation to determine eligibility and to implement third-party liability procedures or premium assistance programs otherwise permitted or mandated under Federal law, and use information about new hires to implement such procedures and policies, subject to notice and appeal rights for any resulting determination, including those available under title XIX or title XXI of the Social Security Act or under section 1411(f) of the Patient Protection and Affordable Care Act (42 U.S.C. 18081(f)). (c) Use of Information About Eligibility for or Receipt of Group Health Coverage.--Notwithstanding any other provision of Federal or State law: (1) In general.--Subject to the requirements described in paragraph (2), for purposes of determining eligibility and, in the case of a Medicaid program, for purposes of determining the applicability of third-party liability procedures or premium assistance policies otherwise permitted or mandated under Federal law, an insurance affordability program shall have access to any source of information, maintained by or accessible to a public entity, about receipt or offers of coverage through a group health plan, as defined in section 2 of the Easy Enrollment in Health Care Act. Such sources shall include-- (A) information maintained by or accessible to the Secretary of Health and Human Services for purposes of implementing section 1862(b) of the Social Security Act (42 U.S.C. 1395y(b)); (B) information maintained by or accessible to a State Medicaid program for purposes of implementing subsections (a)(25) or (a)(60) of section 1902 of the Social Security Act (42 U.S.C. 1396a); and (C) information reported under sections 6055 and 6056 of the Internal Revenue Code of 1986. (2) Requirements.--An insurance affordability program shall obtain the information described in paragraph (1) pursuant to an interagency or other agreement, consistent with standards prescribed by the Secretary of Health and Human Services, in consultation with the Secretary, that prevents the unauthorized use, disclosure, or modification of such information and otherwise protects privacy and data security. (d) Authorization To Receive Relevant Information.-- (1) In general.--Notwithstanding any other provision of law, a Federal or State agency or private entity in possession of the sources of data potentially relevant to eligibility for an insurance affordability program is authorized to convey such data or information to the insurance affordability program, and such program is authorized to receive the data or information and to use it in determining eligibility. (2) Application of requirements and penalties.--A conveyance of data to an insurance affordability program under this subsection shall be subject to the same requirements that apply to a conveyance of data to a State Medicaid plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) under section 1942 of such Act (42 U.S.C. 1396w-2), and the penalties that apply to a violation of such requirements, including penalties that apply to a private entity making a conveyance. (e) Electronic Transmission of Information.--In determining an individual's eligibility for an insurance affordability program, the program shall-- (1) with respect to verifying an element of eligibility that is based on information from an Express Lane Agency (as defined in section 1902(e)(13)(F) of the Social Security Act (42 U.S.C. 1396a(e)(13)(F))), from another public agency, or from another reliable source of relevant data, waive any otherwise applicable requirement that the individual must verify such information, provide an attestation as to the subject of such information, or provide a signature for attestations that include that subject, before the individual is enrolled into minimum essential coverage; and (2) satisfy any otherwise applicable signature requirement with respect to an individual's enrollment in an insurance affordability program through an electronic signature (as defined in section 1710(1) of the Government Paperwork Elimination Act (44 U.S.C. 3504 note)). (f) Rule of Construction.--Nothing in this section shall be construed as diminishing, reducing, or otherwise limiting the legal authority for an insurance affordability program to grant eligibility, in whole or in part, based on an attestation alone, without requiring verification through data matches or other sources. SEC. 7. FUNDING FOR INFORMATION TECHNOLOGY DEVELOPMENT AND OPERATIONS. (a) In General.--Out of amounts in the Treasury not otherwise appropriated, there are appropriated to the Secretary of Health and Human Services such sums as may be necessary to establish information exchange and processing infrastructure and operate all information exchange and processing procedures described in this Act, including for the costs of staff and contractors. (b) Agencies Receiving Funding.--The Secretary of Health and Human Services may, as necessary and in accordance with the procedures described in subsection (c), transfer amounts appropriated under subsection (a) to entities that include the following for the purposes described in such subsection: (1) The Secretary of the Treasury, including the Internal Revenue Service. (2) The Office of Child Support Enforcement of the Department of Health and Human Services. (3) A State-administered insurance affordability program, including a Medicaid or CHIP program and a State basic health program under section 1331 of the Patient Protection and Affordable Care Act (42 U.S.C. 18051). (4) An entity operating an Exchange. (5) A third-party data source, which may be a public or private entity. (c) Procedures.--The Secretary of Health and Human Services, in consultation with the Secretary of the Treasury, shall establish procedures for the entities described in subsection (b) to request a transfer of funding from the amounts appropriated under subsection (a), including procedures for reviewing such requests, modifying and approving such requests, appealing decisions about transfers, and auditing such transfers. SEC. 8. CONFORMING STATUTORY CHANGES. (a) State Income and Eligibility Verification Systems.--Section 1137 of the Social Security Act (42 U.S.C. 1320b-7) is amended-- (1) in subsection (a)(1), by inserting ``(in the case of an individual who has consented to the disclosure and transfer of relevant return information that includes the individual's social security account number pursuant to section 3(b)(1)(B) of the Easy Enrollment in Health Care Act, the State shall deem such individual to have satisfied the requirement to furnish such account number to the State under this paragraph)'' before the semicolon; and (2) in subsection (d)-- (A) in paragraph (1)(A), by striking ``The State shall require'' and inserting ``Subject to paragraph (6), the State shall require''; and (B) by adding at the end the following new paragraph: ``(6) Satisfaction of requirement through reliable data matches.--In the case of an individual applying for the program described in paragraph (2) or the Children's Health Insurance Program under title XXI of this Act, the program shall not require an individual to make the declaration described in paragraph (1)(A) if the procedures established pursuant to section 3(a)(1) of the Easy Enrollment in Health Care Act or section 1413(c)(2)(B)(ii)(II) of the Patient Protection and Affordable Care Act (42 U.S.C. 18083(c)(2)(B)(ii)(II)) were used to verify the individual's citizenship, based on the individual's social security number as well as other identifying information, which may include such facts as name and date of birth, that increases the accuracy of matches with applicable sources of citizenship data.''. (b) Eligibility Determinations Under PPACA.--Section 1411(b) of the Patient Protection and Affordable Care Act (42 U.S.C. 18081(b)) is amended-- (1) in paragraph (3), by striking subparagraph (A) and inserting the following: ``(A) Information regarding income and family size.--The information described in paragraphs (21) and (23) of section 6103(l) of the Internal Revenue Code of 1986 for the applicable tax year, as defined in section 36B(c)(5) of such Code.''; and (2) by adding at the end the following: ``(6) Receipt of information.--The requirements for providing information under this subsection may be satisfied through data submitted to the Exchange through reliable data matches, rather than by the applicant providing information. In the case described in paragraph (2)(A), data matches shall not be used for this purpose unless they meet the requirements described in section 1137(b)(6) of the Social Security Act (42 U.S.C. 1320b-7(b)(6)).''. SEC. 9. ADVISORY COMMITTEE. (a) In General.--The Secretary of the Treasury, in conjunction with the Secretary of Health and Human Services, shall establish an advisory committee to provide guidance to both Secretaries in carrying out this Act. The members of the committee shall include-- (1) national experts in behavioral economics, other behavioral science, insurance affordability programs, enrollment and retention in health programs and other benefit programs, public benefits for immigrants, public benefits for other historically marginalized or disadvantaged communities, and Federal income tax policy and operations; and (2) representatives of all relevant stakeholders, including-- (A) consumers; (B) health insurance issuers; (C) health care providers; and (D) tax return preparers. (b) Purview.--The advisory committee established under subsection (a) shall be solicited for advice on any topic chosen by the Secretary of the Treasury or the Secretary of Health and Human Services, including (at a minimum) all matters as to which a provision in this Act, other than subsection (a), requires a consultation between the Secretary of the Treasury and the Secretary of Health and Human Services. SEC. 10. STUDY. (a) In General.--The Secretary of Health and Human Services shall conduct a study analyzing the impact of this Act and making recommendations for-- (1) State pilot projects to test improvements to this Act, including an analysis of policies that automatically enroll eligible individuals into group health plans; (2) modifying open enrollment periods for exchanges and plan years so that open enrollment coincides with filing of Federal income tax returns; and (3) other steps to improve outcomes achieved by this Act. (b) Report.--Not later than July 1, 2026, the Secretary of Health and Human Services shall deliver a report on the study and recommendations under subsection (a) to the Committee on Ways and Means, the Committee on Education and Labor, and the Committee on Energy and Commerce of the House of Representatives and to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate. SEC. 11. APPROPRIATIONS. Out of amounts in the Treasury not otherwise appropriated, there are appropriated, in addition to the amounts described in section 7 and any amounts otherwise made available, to carry out the purposes of this Act, such sums as may be necessary to the Secretary of the Treasury, and such sums as may be necessary to the Secretary of Health and Human Services, to remain available until expended. <all>

Easy Enrollment in Health Care Act

A bill to streamline enrollment in health insurance affordability programs and minimum essential coverage, and for other purposes.

Easy Enrollment in Health Care Act

Sen. Van Hollen, Chris

D

MD

S.803

Taxation

Home Defense and Competitive Shooting Act of 2021 This bill removes short-barreled rifles (barrels of less than 16 inches in length) from the definition of firearms for purposes of the National Firearms Act. It also eliminates the prohibition on the transportation of such rifles in interstate commerce and treats persons who acquire or possess a short-barreled rifle as meeting the registration or licensing requirements for such rifle 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 rifles. The Department of Justice must destroy records relating to the registration of  certain rifles within one year after the enactment of this bill.

To amend the Internal Revenue Code of 1986 to remove short-barreled rifles 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 ``Home Defense and Competitive Shooting Act of 2021''. SEC. 2. SHORT-BARRELED RIFLES. (a) In General.--Section 5845(a) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``(3) a rifle'' and all that follows through ``(5) any other weapon'' and inserting ``(3) any other weapon'', and (2) by redesignating paragraphs (6), (7), and (8) as paragraphs (4), (5), and (6), respectively. (b) 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 RIFLES 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, or short-barreled rifle'' and inserting ``or short-barreled shotgun''. SEC. 4. TREATMENT OF SHORT-BARRELED RIFLES 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 Rifle Requirements Determined by Reference.-- In the case of any short-barreled rifle 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 rifle 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 rifle.''. SEC. 5. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO SHORT-BARRELED RIFLES. 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 rifle in or affecting interstate or foreign commerce, or imposes a marking, recordkeeping or registration requirement with respect to such a rifle, 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 rifle 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 rifle, and any application to make filed under section 5822 of the Internal Revenue Code of 1986 that identifies the maker of an applicable rifle. (b) Applicable Rifle.--For purposes of this section, the term ``applicable rifle'' means a rifle, or weapon made from a rifle, described in paragraph (3) or (4) of section 5845(a) of such Code (as in effect on the day before the enactment of the Home Defense and Competitive Shooting Act of 2021). <all>

Home Defense and Competitive Shooting Act of 2021

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

Home Defense and Competitive Shooting Act of 2021

Sen. Marshall, Roger

R

KS

H.R.2079

Taxation

Eliminating the Provider Relief Fund Tax Penalties Act of 2021 This bill excludes from gross income, for income tax purposes, any grant or other assistance provided by the CARES Act Provider Relief Fund under the Coronavirus Aid, Relief, and Economic Security Act or the CARES Act.

To provide that CARES Act Provider Relief Fund payments are not includible in gross income, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Eliminating the Provider Relief Fund Tax Penalties Act of 2021''. SEC. 2. CARES ACT PROVIDER RELIEF FUND PAYMENTS EXCLUDED FROM GROSS INCOME. (a) In General.--For purposes of the Internal Revenue Code of 1986, any CARES Act Provider Relief Fund payment shall not be included in the gross income of the recipient of such payment. (b) Clarification of Treatment of Certain Expenses.--For purposes of the Internal Revenue Code of 1986 and notwithstanding any other provision of law, any deduction and the basis of any property shall be determined without regard to whether any amount is excluded from gross income under subsection (a). (c) CARES Act Provider Relief Fund Payment.--For purposes of this section, the term ``CARES Act Provider Relief Fund payment'' means any grant or similar assistance provided by the Secretary of Health and Human Services under the CARES Act Provider Relief Fund program (including any amounts made available to carry out such program by the Paycheck Protection Program and Health Care Enhancement Act, the Consolidated Appropriations Act, 2021, or any other provision of law enacted after the date of the enactment of such Acts). (d) Effective Date.--The provisions of this section shall apply to taxable years ending after the date of the enactment of the CARES Act. <all>

Eliminating the Provider Relief Fund Tax Penalties Act of 2021

To provide that CARES Act Provider Relief Fund payments are not includible in gross income, and for other purposes.

Eliminating the Provider Relief Fund Tax Penalties Act of 2021

Rep. Axne, Cynthia

D

IA

H.R.2210

Health

Fairness to Kids with Cancer Act of 2021 This bill requires the share of federal funds for cancer research that is allocated to pediatric cancer research to equal the percentage of the U.S. population that is under the age of 18.

To ensure that a fair percentage of Federal cancer research funds are dedicated to pediatric cancer research. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness to Kids with Cancer Act of 2021''. SEC. 2. PERCENTAGE OF FEDERAL CANCER RESEARCH FUNDS REQUIRED TO BE USED FOR PEDIATRIC CANCER RESEARCH. (a) In General.--For fiscal year 2022 and each subsequent fiscal year, the President shall ensure that, of the total amount of Federal funds obligated for cancer research, the percentage obligated for pediatric cancer research is equal to the percentage described in subsection (b). (b) Percentage.--The percentage described in this subsection is the percentage constituted by the ratio of the number of individuals who are under the age of 18 residing in the United States at the end of the fiscal year preceding the fiscal year to which subsection (a) is being applied, to the total number of individuals residing in the United States at such time, as determined by the Bureau of the Census. <all>

Fairness to Kids with Cancer Act of 2021

To ensure that a fair percentage of Federal cancer research funds are dedicated to pediatric cancer research.

Fairness to Kids with Cancer Act of 2021

Rep. Fitzpatrick, Brian K.

R

PA

H.R.7051

Health

Access to Prescription Digital Therapeutics Act of 2022 This bill provides for Medicare and Medicaid coverage of prescription digital therapeutics (i.e., software applications that are used to prevent, manage, or treat medical conditions). The Centers for Medicare & Medicaid Services must establish a Medicare payment methodology for payments to manufacturers that takes into account certain factors (e.g., ongoing use); manufacturers must report specified information about private payors, subject to civil penalties.

To amend titles XVIII and XIX of the Social Security Act to provide for coverage of prescription digital therapeutics under such titles, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Prescription Digital Therapeutics Act of 2022''. SEC. 2. COVERAGE AND PAYMENT OF PRESCRIPTION DIGITAL THERAPEUTICS UNDER THE MEDICARE PROGRAM. (a) Prescription Digital Therapeutic Defined.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``(lll) Prescription Digital Therapeutic.--The term `prescription digital therapeutic' means a product, device, internet application, or other technology that-- ``(1) is cleared or approved under section 510(k), 513(f)(2), or 515 of the Federal Food, Drug, and Cosmetic Act; ``(2) has a cleared or approved indication for the prevention, management, or treatment of a medical disease, condition, or disorder; ``(3) primarily uses software to achieve its intended result; and ``(4) is a device that is exempt from section 502(f)(1) of the Federal Food, Drug, and Cosmetic Act under section 801.109 of title 21 of the Code of Federal Regulations (or any successor regulation).''. (b) Coverage as Medical and Other Health Service.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (GG), by striking ``and'' at the end; (2) in subparagraph (HH), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(II) prescription digital therapeutics furnished on or after January 1, 2023;''. (c) Requirements for Prescription Digital Therapeutics Under Medicare.--Part B of the Social Security Act (42 U.S.C. 1395j et seq.) is amended by inserting after section 1834A the following new section: ``SEC. 1834B. REQUIREMENTS FOR PRESCRIPTION DIGITAL THERAPEUTICS. ``(a) Payment.-- ``(1) In general.--Not later than 1 year after the date of enactment of this section, the Secretary shall establish a payment methodology for manufacturers of prescription digital therapeutics, which may consist of a one-time payment or periodic payments, as determined appropriate by the Secretary. ``(2) Considerations for payment methodology.--For purposes of establishing the payment methodology under paragraph (1), the Secretary shall consider-- ``(A) the actual list charge of such prescription digital therapeutic; ``(B) the weighted median (calculated by arraying the distribution of all payment rates reported for the most recent period for which such rates were reported under subsection (c)(1) for each prescription digital therapeutic weighted by volume for each payor and each manufacturer) for such prescription digital therapeutic; ``(C) in the case of a prescription digital therapeutic that requires ongoing use, the amount for such ongoing use; and ``(D) other factors as determined by the Secretary. ``(b) Coding.-- ``(1) In general.--Not later than 2 years after the date of enactment of this section, the Secretary shall establish product-specific HCPCS codes for prescription digital therapeutic covered under this title. ``(2) Temporary code.--The Secretary shall adopt temporary product-specific HCPCS codes for purposes of providing payment under this title until a permanent product-specific HCPCS code has been established under paragraph (1). ``(c) Manufacturer Reporting.-- ``(1) In general.--Beginning on January 1, 2023, each manufacturer of a prescription digital therapeutic covered under this title shall submit to the Secretary, at such time and in such manner as specified by the Secretary, and annually thereafter, a report describing-- ``(A) the payment rate that was paid by each private payor for each prescription digital therapeutic during the period specified by the Secretary; ``(B) the volume of such prescription digital therapeutic distributed to each such payor for such period; and ``(C) the number of individual users of such prescription digital therapeutic for such period. ``(2) Treatment of discounts.--The payment rate reported by a manufacturer in accordance with paragraph (1)(A) shall reflect all discounts, rebates, coupons, and other price concessions, including those described in section 1847A(c)(3). ``(3) Civil monetary penalty.-- ``(A) In general.--If the Secretary determines that a manufacturer has failed to report, or made a misrepresentation or omission in reporting, information under this subsection with respect to a prescription digital therapeutic, the Secretary may apply a civil money penalty in an amount of up to $10,000 per day for each failure to report or each such misrepresentation or omission. ``(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 they apply to a civil money penalty or proceeding under section 1128A(a). ``(4) Confidentiality.--Information reported under this subsection shall be treated in the same manner in which information is disclosed by a manufacturer or a wholesaler of a covered outpatient is treated under section 1927(b)(3)(D). ``(d) Definitions.--For purposes of this section: ``(1) Actual list charge.--The term `actual list charge' means the publicly available payment rate for a prescription digital therapeutic on the first day that such prescription digital therapeutic is available for purchase by a private payor. ``(2) HCPCS.--The term `HCPCS' means, with respect to an item, the code under the Healthcare Common Procedure Coding System (HCPCS) (or a successor code) for such item. ``(3) Manufacturer.--The term `manufacturer' has the meaning given such term by section 820.3(o) of title 21, Code of Federal Regulations (or any successor regulation). ``(4) Prescription digital therapeutic.--The term `prescription digital therapeutic' has the meaning given such term in section 1861(lll). ``(5) Private payor.--The term `private payor' has the meaning given such term in section 1834A(a)(8).''. SEC. 3. COVERAGE OF PRESCRIPTION DIGITAL THERAPEUTICS UNDER THE MEDICAID PROGRAM. Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended-- (1) in paragraph (30), by striking ``; and'' and inserting a semicolon; (2) by redesignating paragraph (31) as paragraph (32); and (3) by inserting the following paragraph after paragraph (30): ``(31) prescription digital therapeutics (as defined in section 1861(lll)); and''. <all>

Access to Prescription Digital Therapeutics Act of 2022

To amend titles XVIII and XIX of the Social Security Act to provide for coverage of prescription digital therapeutics under such titles, and for other purposes.

Access to Prescription Digital Therapeutics Act of 2022

Rep. Thompson, Mike

D

CA

H.R.7838

Transportation and Public Works

Paycheck Protection Program Fairness for Engineering Services Act This bill exempts until June 30, 2025, certain contractors that receive federal highway or public transportation funding from having to adjust costs associated with their contracts to account for loan forgiveness through the Paycheck Protection Program (PPP). (The PPP provided small businesses with loans for payroll and other costs to respond to the COVID-19 emergency with loan forgiveness under certain conditions.) Under current law, a contractor with a cost-reimbursable contract must reduce costs or provide cash refunds to the Department of Transportation (or a state department of transportation) if the contractor receives or accrues any income, rebate, allowance, or other credit relating to an allowable contract cost, which includes PPP loan forgiveness.

To ensure that no cost reduction or cash refund is due under certain transportation cost-reimbursement contracts on the basis of the forgiveness of certain covered 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 ``Paycheck Protection Program Fairness for Engineering Services Act''. SEC. 2. TREATMENT OF PAYCHECK PROTECTION PROGRAM LOAN FORGIVENESS OF PAYROLL COSTS UNDER HIGHWAY AND PUBLIC TRANSPORTATION PROJECT COST-REIMBURSEMENT CONTRACTS. (a) In General.--Notwithstanding section 31.201-5 of title 48, Code of Federal Regulations (or successor regulations), for the purposes of any cost-reimbursement contract awarded in accordance with section 112 of title 23, United States Code, or section 5325 of title 49, United States Code, or any subcontract under such a contract, no cost reduction or cash refund (including through a reduced indirect cost rate) shall be due to the Department of Transportation or to a State transportation department, transit agency, or other recipient of assistance under chapter 1 of title 23, United States Code, or chapter 53 of title 49, United States Code, on the basis of forgiveness of the payroll costs of a covered loan (as those terms are defined in section 7A(a) of the Small Business Act (15 U.S.C. 636m(a))) issued under the paycheck protection program under section 7(a)(36) of that Act (15 U.S.C. 636(a)(36)). (b) Saving Provision.--Nothing in this section amends or exempts the prohibitions and liabilities under section 3729 of title 31, United States Code. (c) Termination.--This section ceases to be effective on June 30, 2025. <all>

Paycheck Protection Program Fairness for Engineering Services Act

To ensure that no cost reduction or cash refund is due under certain transportation cost-reimbursement contracts on the basis of the forgiveness of certain covered loans, and for other purposes.

Paycheck Protection Program Fairness for Engineering Services Act

Rep. Brown, Anthony G.

D

MD

H.R.8061

Crime and Law Enforcement

Eliminating Limits to Justice for Child Sex Abuse Victims Act of 2022 This bill eliminates the statute of limitations for a minor victim of a human trafficking offense or federal sex offense to file a civil action to recover damages.

To amend title 18, United States Code, to eliminate the statute of limitations for the filing of a civil claim for any person who, while a minor, was a victim of a violation of section 1589, 1590, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of such title. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Eliminating Limits to Justice for Child Sex Abuse Victims Act of 2022''. SEC. 2. ELIMINATION OF THE STATUTE OF LIMITATIONS. Section 2255 of title 18, United States Code, is amended by striking subsection (b) and inserting the following: ``(b) Statute of Limitations.--There shall be no time limit for the filing of a complaint commencing an action under this section.''. SEC. 3. EFFECTIVE DATE; APPLICABILITY. This Act and the amendments made by this Act shall-- (1) take effect on the date of enactment of this Act; and (2) apply to-- (A) any claim or action that, as of the date described in paragraph (1), would not have been barred under section 2255(b) of title 18, United States Code, as it read on the day before the date of enactment of this Act; and (B) any claim or action arising after the date of enactment of this Act. <all>

Eliminating Limits to Justice for Child Sex Abuse Victims Act of 2022

To amend title 18, United States Code, to eliminate the statute of limitations for the filing of a civil claim for any person who, while a minor, was a victim of a violation of section 1589, 1590, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of such title.

Eliminating Limits to Justice for Child Sex Abuse Victims Act of 2022

Rep. Ross, Deborah K.

D

NC

H.R.9654

Social Welfare

Protecting Foster Youth Resources to Promote Self-Sufficiency Act This bill addresses matters concerning Social Security benefit and Supplemental Security Income (SSI) payments for children in foster care, including by (1) prohibiting states from using payments that are received on behalf of a child in foster care to recoup or recover costs associated with the child's foster care, and (2) excluding any support received by a child in foster care from income calculations for purposes of SSI.

To ensure that foster children are able to use their Social Security and Supplemental Security Income benefits to address their needs and improve their lives. Be it enacted by the Senate 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 Foster Youth Resources to Promote Self-Sufficiency Act''. SEC. 2. LIMITATION ON USE OF SOCIAL SECURITY OR SUPPLEMENTAL SECURITY INCOME BENEFITS PAID TO REPRESENTATIVE PAYEES ON BEHALF OF FOSTER CHILDREN FOR STATE COSTS. (a) Amendments to Title II.--Section 205(j)(9) of the Social Security Act (42 U.S.C. 405(j)(9)) is amended-- (1) by inserting ``(A)'' after ``(9)''; and (2) by adding at the end the following: ``(B)(i) A State or local government agency serving in any State as a representative payee under this subsection with respect to an individual who is in foster care under the responsibility of the State shall not use any benefits paid to the representative payee pursuant to paragraph (1) of this subsection to reimburse the State for-- ``(I) foster care maintenance payments made pursuant to section 472, or ``(II) other payments made by the State or political subdivision of the State to cover any other cost or expense for an individual who is in foster care under the responsibility of the State. ``(ii) An expense described in paragraph (4)(A)(i) of this subsection or section 1631(a)(2)(D) shall not be considered a cost or expense for purposes of clause (i) of this subparagraph.''. (b) Amendments to Title XVI.--Section 1631(a)(2)(A)(iv) of such Act (42 U.S.C. 1383(a)(2)(A)(iv)) is amended-- (1) by inserting ``(I)'' after ``(iv)''; (2) by adding ``and'' at the end; and (3) by adding after and below the end the following: ``(II) A State or local government agency serving in any State as a representative payee under this subsection with respect to an eligible individual who is in foster care under the responsibility of the State shall not use any benefits paid to the representative payee pursuant to clause (ii) of this subparagraph to reimburse the State for-- ``(aa) foster care maintenance payments made pursuant to section 472; or ``(bb) other payments made by a State or political subdivision of a State to cover any other cost or expense for an individual who is in foster care under the responsibility of the State. ``(III) An expense described in subparagraph (D) of this paragraph or section 205(j)(4)(A)(i) shall not be considered a cost or expense for purposes of subclause (II) of this clause.''. SEC. 3. SCREENING OF FOSTER CHILDREN FOR ELIGIBILITY FOR SOCIAL SECURITY AND SUPPLEMENTAL SECURITY INCOME BENEFITS. (a) State Plan Requirement.--Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended-- (1) by striking ``and'' at the end of paragraph (36)(D); (2) by striking the period at the end of paragraph (37) and inserting ``; and''; and (3) by adding at the end the following: ``(38) provides that, not later than the beginning of the first calendar quarter that begins after the 3-year period that begins with the date of the enactment of this paragraph, the State agency referred to in paragraph (2) of this subsection shall-- ``(A) develop and implement procedures to ensure that, within 60 days after the status of a child who is in foster care under the responsibility of the State is first reviewed pursuant to section 475(5)(B), and after any material change in the circumstances of the child that could affect the potential eligibility of the child for such benefits, the child is screened to determine the potential eligibility of the child for benefits under title II and for supplemental security income benefits under title XVI; ``(B) if the screening results in a determination that the child is potentially eligible for any of such benefits-- ``(i) provide the child with assistance in applying for, and (if necessary) appealing any decisions made with respect to, the benefits; and ``(ii) if there is no other suitable candidate available, apply to become the representative payee for the child with respect to the benefits; and ``(C) develop and implement procedures to ensure that any such child who is potentially eligible for, or is a recipient of, benefits under title II or supplemental security income benefits under title XVI, is assisted with applying for such benefits not later than 120 days (or, if the child has attained 17 years of age, 1 year) before the child exits foster care.''. (b) GAO Study.-- (1) In general.--Within 4 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study to determine whether the States have substantially complied with the amendments made by this section, including specifically whether the States have-- (A) established successful procedures that screen all foster children under the responsibility of the States for their potential eligibility for benefits under title II of the Social Security Act and for supplemental security income benefits under title XVI of such Act; (B) provided all such potentially eligible foster children assistance in applying for, and appealing decisions made with respect to, the benefits; and (C) implemented procedures to identify suitable nongovernmental candidates to serve as representative payees for children in foster care with respect to the benefits. (2) Report to the congress.--Within 1 year after completing the study required by paragraph (1), the Comptroller General shall submit to the Congress a written report that contains the results of the study. SEC. 4. NOTICE TO ATTORNEY OR GUARDIAN AD LITEM FOR FOSTER CHILD OF DETERMINATION TO PAY SOCIAL SECURITY OR SUPPLEMENTAL SECURITY INCOME BENEFITS TO REPRESENTATIVE PAYEE. (a) Amendment to Title II.--Section 205(j)(2)(E)(ii) of the Social Security Act (42 U.S.C. 405(j)(2)(E)(ii)) is amended by inserting ``, except that, in the case of an individual who is in foster care under the responsibility of a State or in a legal guardianship, such notice shall also be provided to the attorney or guardian ad litem appointed to represent the individual pursuant to section 106(b)(2)(B)(xiii) of the Child Abuse Prevention and Treatment Act and, if the individual has attained 14 years of age, to the individual'' before the period. (b) Amendment to Title XVI.--Section 1631(a)(2)(B)(xii) of such Act (42 U.S.C. 1383(a)(2)(B)(xii)) is amended by inserting ``, except that, in the case of an individual who is in foster care under the responsibility of a State or in a legal guardianship, such notice shall also be provided to the attorney or guardian ad litem appointed to represent the individual pursuant to section 106(b)(2)(B)(xiii) of the Child Abuse Prevention and Treatment Act and, if the individual has attained 14 years of age, to the individual'' before the period. SEC. 5. MANAGEMENT OF SOCIAL SECURITY AND SUPPLEMENTAL SECURITY INCOME BENEFITS FOR FOSTER CHILDREN. (a) Plan for Achieving Self-Support.--Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as amended by section 3(a) of this Act, is amended-- (1) by striking ``and'' at the end of paragraph (37); (2) by striking the period at the end of paragraph (38) and inserting ``; and''; and (3) by adding at the end the following: ``(39) provides that, with respect to each child in foster care under the responsibility of the State and on whose behalf the State receives benefits under title II or supplemental security income benefits under title XVI, the State agency shall-- ``(A) develop a plan, developed specifically for the child, which is designed to best meet the current and future needs of the individual and enable the child to achieve self-support after leaving foster care, in accordance with the following: ``(i)(I) The plan shall set forth a strategy to conserve benefits not necessary for the immediate needs of the child, determined as provided for pursuant to clause (ii) of this subparagraph, in a manner that best meets the future needs and educational and employment interests of the child, and for the placement of any such benefits in-- ``(aa) an account of the type described in section 1631(a)(2)(F) of this Act; ``(bb) an ABLE account established under section 529A of the Internal Revenue Code of 1986; ``(cc) an individual development account established pursuant to Federal or State law; or ``(dd) such other account in which benefits for the child may be conserved in a manner that the State determines, consistent with this paragraph, is in the best interests of the child. ``(II) The plan shall provide for a determination as to whether the child has immediate needs for which the benefits should be used to serve the best interests of the child consistent with sections 205(j)(10)(B) and 1631(a)(2)(A)(iv)(II). ``(III) The plan shall provide for a determination of any additional assets to which the child may be entitled, including civil judgments, inheritances, or earnings, and shall provide for the assets to be conserved as part of the plan as described in clause (i). ``(IV) Any funds conserved in accordance with the plan shall be used to supplement and not supplant any other Federal funds or programs that may be available for the benefit of the child. ``(V) The plan shall provide that any assets set aside under the plan shall be conserved and inaccessible to the child (except for a use of funds described in items (aa) through (gg) of section 1631(a)(2)(F)(ii)(II), or for another use approved by the Secretary as being in the best interests of the child), and placed in an account described in clause (i) of this subparagraph, until the later of the date the child attains 18 years of age or ceases to be under the responsibility of the State. ``(ii) The State agency shall-- ``(I) develop and implement the plan in collaboration with the child (on an age-appropriate basis), the social worker for the child, the person acting as the representative payee for the child pursuant to section 205(j) or 1631(a)(2) of this Act, and the attorney or guardian ad litem appointed to represent the child pursuant to section 106(b)(2)(B)(xiii) of the Child Abuse Prevention and Treatment Act; and ``(II) in developing and implementing the plan, make reasonable efforts to seek input from the parents and caretakers of the child. ``(iii)(I) Within 60 days after the status of the child is first reviewed pursuant to section 475(5)(B), the State agency shall complete the plan. ``(II) The State agency shall ensure that each subsequent such review of such status shall include consideration of an updated version of the plan and a report on the progress made in implementing the plan. ``(iv)(I) Not later than 30 days before the status of the child is first reviewed pursuant to section 475(5)(B) of this Act after completion of the plan, the State agency shall provide a copy of the plan to the attorney or guardian ad litem appointed to represent the child pursuant to section 106(b)(2)(B)(xiii) of the Child Abuse Prevention and Treatment Act. ``(II) Not later than 30 days before each subsequent such review, the State agency shall provide an updated copy of the plan to the attorney or guardian ad litem so appointed. ``(v)(I) The child may request the plan to be modified in a review of the status of the child pursuant to section 475(5)(B), in a separate hearing, or in a permanency hearing pursuant to section 475(5)(C). ``(II) The plan shall not be treated, in any administrative or judicial review proceeding, as meeting the requirements of this paragraph with respect to a child unless the plan is determined by the reviewer to be the best available means of meeting the current and future needs and educational and employment interests of the child; ``(B) assist the child in developing a plan to manage the benefits so as to meet the current and future needs of the child; and ``(C) provide the child financial literacy training, including regarding budgeting, saving, investing, managing credit, student loans, consumer debt and installment purchasing (including credit scoring, managing credit debt, and completing a loan application), banking (including balancing a checkbook, opening a deposit account, and the use of interest rates), State and Federal income taxation, personal insurance policies, identity theft security, and home ownership (including the basic process of obtaining a mortgage and the concepts of fixed and adjustable rate mortgages, subprime loans, and predatory lending).''. (b) Provisions Relating to Representative Payees.-- (1) Amendments to title ii.--Section 205(j) of such Act (42 U.S.C. 405(j)) (as amended by the preceding provisions of this Act) is amended further-- (A) by redesignating paragraphs (8), (9), (10), (11), and (12) as paragraphs (9), (10), (11), (12), and (13), respectively; and (B) by inserting after paragraph (7) the following new paragraph: ``(8) A representative payee who is a State shall manage the benefits paid to the representative payee under paragraph (1) on behalf of an individual who is in foster care under the responsibility of the State, in accordance with the plan developed for the child pursuant to section 471(a)(39).''. (2) Amendment to title xvi.--Section 1631(a)(2) of such Act (42 U.S.C. 1383(a)(2)) is amended by adding at the end the following: ``(J) A representative payee who is a State shall manage the benefits paid to the representative payee under subparagraph (A)(ii) of this paragraph on behalf of an individual who is in foster care under the responsibility of the State, in accordance with the plan developed for the child pursuant to section 471(a)(39).''. (c) Exclusion From Resources Under the SSI Program.--Section 1613(a) of such Act (42 U.S.C. 1382b(a)) is amended-- (1) by striking ``and'' at the end of paragraph (16); (2) by striking the period at the end of paragraph (17) and inserting ``; and''; and (3) by inserting after paragraph (17) the following: ``(18) any assets managed on behalf of an eligible individual in accordance with a plan developed for the individual pursuant to section 471(a)(39).''. SEC. 6. SUPPORT AND MAINTENANCE FURNISHED IN CASH OR IN KIND DISREGARDED IN DETERMINING INCOME OF FOSTER CHILDREN UNDER THE SUPPLEMENTAL SECURITY INCOME PROGRAM. Section 1612(a)(2)(A) of the Social Security Act (42 U.S.C. 1382a(a)(2)(A)) is amended-- (1) by striking ``and'' at the end of clause (ii); and (2) by inserting ``, and (iv) clause (i) shall not apply in the case of a child who is in foster care under the responsibility of a State'' before the last semicolon. SEC. 7. TECHNICAL ASSISTANCE FOR CHILD WELFARE AGENCIES. (a) In General.--On request of a State agency responsible for administering, or supervising the administration of, a State program authorized by part E of title IV of the Social Security Act, the Secretary of Health and Human Services shall provide the State agency with technical assistance in carrying out the amendments made by this Act, including guidance for informing non-State representative payees of children in foster care under the responsibility of the State who are recipients of benefits under title II of such Act or supplemental security income benefits under title XVI of such Act of the availability of appropriate savings vehicles for any part of the benefits not required to meet the immediate needs of the children. (b) Limitations on Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $4,500,000 for fiscal year 2023, and such sums as may be necessary for each of fiscal years 2024 through 2028. SEC. 8. EFFECTIVE DATES. (a) In General.--Except as provided in subsection (b) of this section, the amendments made by this Act (other than by section 3(a)) shall apply to benefits payable for months beginning after the date of the enactment of this Act. (b) State Plan Requirements Relating to Plans for Achieving Self- Support.-- (1) In general.--The amendments made by section 5(a) of this Act shall take effect on the first day of the first calendar quarter beginning after the date of the enactment of this Act, and shall apply to payments under part E of title IV of the Social Security Act for calendar quarters beginning after such first day. (2) Delay permitted if state legislation required.--If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan approved under part E of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by section 5(a) of this Act, the plan shall not be regarded as failing to meet any of the additional requirements before the first day of the first calendar quarter beginning after the first regular session of the State legislature that begins after the date of the enactment of this Act. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. <all>

Protecting Foster Youth Resources to Promote Self-Sufficiency Act

To ensure that foster children are able to use their Social Security and Supplemental Security Income benefits to address their needs and improve their lives.

Protecting Foster Youth Resources to Promote Self-Sufficiency Act

Rep. Davis, Danny K.

D

IL

S.4814

Science, Technology, Communications

Orbital Sustainability Act of 2022 or the ORBITS Act of 2022 This bill directs specified agencies to take actions to remediate orbital debris (human-made space objects that are no longer in use and can harm orbiting satellites and on-orbit activities). First, the National Aeronautics and Space Administration (NASA) must NASA (and other relevant agencies) may also contract for remediation services to support the commercial availability of such services. Second, the National Space Council must update the Orbital Debris Mitigation Standard Practices within 90 days of the enactment of the bill and update them periodically thereafter. The updates must address matters including satellite constellations and other planned space systems, collision risks, and disposal of space systems after missions. The updates must inform (1) regulations of other agencies concerning orbital debris, and (2) bilateral and multilateral discussions with other countries concerning certain space activities. Third, the Department of Commerce must facilitate the development of standard practices to coordinate on-orbit space traffic. Upon completion of the practices, Commerce and other federal departments must promote their adoption and use for space missions.

To establish a demonstration program for the active remediation of orbital debris and to require the development of uniform orbital debris standard practices in order to support a safe and sustainable orbital environment, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Orbital Sustainability Act of 2022'' or the ``ORBITS Act of 2022''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress makes the following findings: (1) The safety and sustainability of operations in low- Earth orbit and nearby orbits in outer space have become increasingly endangered by a growing amount of orbital debris. (2) Exploration and scientific research missions and commercial space services of critical importance to the United States rely on continued and secure access to outer space. (3) Efforts by nongovernmental space entities to apply lessons learned through standards and best practices will benefit from government support for implementation both domestically and internationally. (b) Sense of Congress.--It is the sense of Congress that to preserve the sustainability of operations in space, the United States Government should-- (1) to the extent practicable, develop and carry out programs, establish or update regulations, and commence initiatives to minimize orbital debris, including initiatives to demonstrate active debris remediation of orbital debris generated by the United States Government; (2) lead international efforts to encourage other spacefaring countries to mitigate and remediate orbital debris under their jurisdiction and control; and (3) encourage space system operators to continue implementing best practices for space safety when deploying satellites and constellations of satellites, such as transparent data sharing and designing for system reliability, so as to limit the generation of future orbital debris. SEC. 3. DEFINITIONS. In this Act: (1) Active debris remediation.--The term ``active debris remediation''-- (A) means the deliberate process of facilitating the de-orbit, repurposing, or other disposal of orbital debris, which may include moving orbital debris to a safe position, using an object or technique that is external or internal to the orbital debris; and (B) does not include de-orbit, repurposing, or other disposal of orbital debris by passive means. (2) Administrator.--The term ``Administrator'' means the Administrator of the National Aeronautics and Space Administration. (3) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Appropriations, the Committee on Commerce, Science, and Transportation, and the Committee on Armed Services of the Senate; and (B) the Committee on Appropriations, the Committee on Science, Space, and Technology, and the Committee on Armed Services of the House of Representatives. (4) Demonstration program.--The term ``demonstration program'' means the active orbital debris remediation demonstration program carried out under section 4(b). (5) Eligible entity.--The term ``eligible entity'' means-- (A) a United States-based-- (i) non-Federal, commercial entity; (ii) institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))); or (iii) nonprofit organization; (B) any other United States-based entity the Administrator considers appropriate; and (C) a partnership of entities described in subparagraphs (A) and (B). (6) Orbital debris.--The term ``orbital debris'' means any human-made space object orbiting Earth that-- (A) no longer serves an intended purpose; and (B)(i) has reached the end of its mission; or (ii) is incapable of safe maneuver or operation. (7) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (8) Space traffic coordination.--The term ``space traffic coordination'' means the planning, coordination, and on-orbit synchronization of activities to enhance the safety and sustainability of operations in the space environment. SEC. 4. ACTIVE DEBRIS REMEDIATION. (a) Prioritization of Orbital Debris.-- (1) List.--Not later than 90 days after the date of the enactment of this Act, the Administrator, in consultation with the Secretary, the Secretary of Defense, the National Space Council, and representatives of the commercial space industry, academia, and nonprofit organizations, shall publish a list of identified orbital debris that pose the greatest immediate risk to the safety and sustainability of orbiting satellites and on- orbit activities. (2) Contents.--The list required under paragraph (1)-- (A) shall be developed using appropriate sources of data and information derived from governmental and nongovernmental sources, including space situational awareness data obtained by the Office of Space Commerce, to the extent practicable; (B) shall include, to the extent practicable-- (i) a description of the approximate age, location in orbit, size, tumbling state, post- mission passivation actions taken, and national jurisdiction of each orbital debris identified; and (ii) data required to inform decisions regarding potential risk and feasibility of safe remediation; and (C) may include orbital debris that poses a significant risk to terrestrial people and assets, including risk resulting from potential environmental impacts from the uncontrolled reentry of the orbital debris identified. (3) Public availability; periodic updates.-- (A) In general.--Subject to subparagraph (B), the list required under paragraph (1) shall be published in unclassified form on a publicly accessible internet website of the National Aeronautics and Space Administration. (B) Exclusion.--The Administration may not include on the list published under subparagraph (A) data acquired from nonpublic sources. (C) Periodic updates.--Such list shall be updated periodically. (4) Research and development.--With respect to orbital debris identified under paragraph (1), the Administrator shall, to the extent practicable and subject to the availability of appropriations, carry out the additional research and development activities necessary, in consultation with the commercial space industry, to mature technologies that close commercial capability gaps and enable potential future remediation missions for such orbital debris. (5) Acquisition, access, use, and handling of data or information.--In carrying out the activities under this subsection, the Administrator-- (A) shall acquire, access, use, and handle data or information in a manner consistent with applicable provisions of law and policy, including laws and policies providing for the protection of privacy and civil liberties, and subject to any restrictions required by the source of the information; (B) shall have access, upon written request, to all information, data, or reports of any executive agency that the Administrator determines necessary to carry out the activities under this subsection, provided that such access is-- (i) conducted in a manner consistent with applicable provisions of law and policy of the originating agency, including laws and policies providing for the protection of privacy and civil liberties; and (ii) consistent with due regard for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters; and (C) may obtain commercially available information that may not be publicly available. (b) Active Orbital Debris Remediation Demonstration Program.-- (1) Establishment.--Not later than 180 days after the date of the enactment of this Act, subject to the availability of appropriations, the Administrator, in consultation with the head of each relevant Federal department or agency, shall establish a demonstration program to make competitive awards for the development of technologies leading to the remediation of selected orbital debris identified under subsection (a)(1). (2) Purpose.--The purpose of the demonstration program shall be to enable eligible entities to pursue the phased development and demonstration of technologies and processes required for active debris remediation. (3) Procedures and criteria.--In establishing the demonstration program, the Administrator shall-- (A) establish-- (i) eligibility criteria for participation; (ii) a process for soliciting proposals from eligible entities; (iii) criteria for the contents of such proposals; (iv) program compliance and evaluation metrics; and (v) program phases and milestones; (B) identify government-furnished data or equipment; and (C) develop a plan for National Aeronautics and Space Administration participation in technology development, as appropriate, and intellectual property rights. (4) Proposal evaluation.--In evaluating proposals for the demonstration program, the Administrator shall-- (A) consider the safety, feasibility, cost, benefit, and maturity of the proposed technology; (B) consider the potential for the proposed demonstration to successfully remediate orbital debris and to advance the commercial state of the art with respect to active debris remediation; (C) carry out a risk analysis of the proposed technology that takes into consideration the potential casualty risk to humans in space or on the Earth's surface; (D) in an appropriate setting, conduct thorough testing and evaluation of the proposed technology and each component of such technology or system of technologies; and (E) consider the technical and financial feasibility of using the proposed technology to conduct multiple remediation missions. (5) Demonstration mission.-- (A) In general.--The Administrator shall consult with the head of each relevant Federal department or agency in advance of each demonstration mission. (B) Active debris remediation demonstration mission.--It is the sense of Congress that the Administrator should consider maximizing competition for, and use best practices to engage commercial entities in, an active debris remediation demonstration mission. (C) Spectrum considerations.--The Administrator shall convey any potential spectrum allocations and licensing needs for active debris remediation demonstration missions to the Federal Communications Commission through the National Telecommunications and Information Administration as soon as practicable after any such spectrum allocation or licensing need has been identified. (6) Reports.-- (A) Recommendations.--Not later than 1 year after the date on which the first demonstration mission is carried out under this subsection, the Administrator, in consultation with the head of each relevant Federal department or agency, shall submit to Congress a report that provides legislative, regulatory, and policy recommendations to improve active debris remediation missions, as applicable. (B) Technical analysis.-- (i) In general.--To inform decisions regarding the acquisition of active debris remediation services by the Federal Government, not later than 180 days after the completion of the demonstration program, the Administrator shall submit to Congress a report that-- (I) summarizes a technical analysis of technologies developed under the demonstration program; (II) identifies any technology gaps addressed by the demonstration program and any remaining technology gaps; and (III) provides, as applicable, any further legislative, regulatory, and policy recommendations to enable active debris remediation missions. (ii) Availability.--The Administration shall make the report submitted under clause (i) available to the Secretary, the Secretary of Defense, and other relevant Federal departments and agencies, as determined by the Administrator. (7) International cooperation.-- (A) In general.--In carrying out the demonstration program, the Administrator, in consultation with the National Space Council and in collaboration with the Secretary of State, may pursue a cooperative relationship with one or more partner countries to enable the remediation of orbital debris that is under the jurisdiction of such partner countries. (B) Arrangement or agreement with partner country.--Any arrangement or agreement entered into with a partner country under subparagraph (A) shall be-- (i) concluded-- (I) in the interests of the United States Government; and (II) without prejudice to any contractual arrangement among commercial parties that may be required to complete the active debris remediation mission concerned; and (ii) consistent with the international obligations of the United States under the international legal framework governing outer space activities. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator to carry out this section $150,000,000 for the period of fiscal years 2023 through 2027. SEC. 5. ACTIVE DEBRIS REMEDIATION SERVICES. (a) In General.--To foster the competitive development, operation, improvement, and commercial availability of active debris remediation services, and in consideration of the economic analysis required by subsection (b) and the reports under section 4(b)(6), the Administrator and the head of each relevant Federal department or agency may acquire services for the remediation of orbital debris, whenever practicable, through fair and open competition for contracts that are well-defined, milestone-based, and in accordance with the Federal Acquisition Regulation. (b) Economic Analysis.--Based on the results of the demonstration program, the Secretary, acting through the Office of Space Commerce, shall publish an assessment of the estimated Federal Government and private sector demand for orbital debris remediation services for the 10-year period beginning in 2024. SEC. 6. UNIFORM ORBITAL DEBRIS STANDARD PRACTICES FOR UNITED STATES SPACE ACTIVITIES. (a) In General.--Not later than 90 days after the date of the enactment of this Act, and every 5 years thereafter, the National Space Council, in coordination with the Secretary, the Administrator of the Federal Aviation Administration, the Secretary of Defense, the Federal Communications Commission, and the Administrator, shall initiate an update to the Orbital Debris Mitigation Standard Practices that-- (1) considers planned space systems, including satellite constellations; and (2) addresses-- (A) collision risk; (B) casualty probability; (C) post-mission disposal of space systems; (D) time to disposal or de-orbit; (E) spacecraft collision avoidance and automated identification capability; and (F) the ability to track orbital debris of decreasing size. (b) Consultation.--In developing the update under subsection (a), the National Space Council, or a designee of the National Space Council, shall seek advice and input on commercial standards and best practices from representatives of the commercial space industry, academia, and nonprofit organizations, including through workshops and, as appropriate, advance public notice and comment processes under chapter 5 of title 5, United States Code. (c) Publication.--Not later than 1 year after the date of the enactment of this Act, such update shall be published in the Federal Register and posted to the relevant Federal Government websites. (d) Regulations.--To promote uniformity and avoid duplication in the regulation of space activity, including licensing by the Federal Aviation Administration, the National Oceanic and Atmospheric Administration, and the Federal Communications Commission, such update, after publication, shall be used to inform the further development and promulgation of Federal regulations relating to orbital debris. (e) International Promotion.--To encourage effective and nondiscriminatory standards, best practices, rules, and regulations implemented by other countries, such update shall inform bilateral and multilateral discussions focused on the authorization and continuing supervision of nongovernmental space activities. SEC. 7. STANDARD PRACTICES FOR SPACE TRAFFIC COORDINATION. (a) In General.--The Secretary, in coordination with members of the National Space Council and the Federal Communications Commission, shall facilitate the development of standard practices for on-orbit space traffic coordination based on existing guidelines and best practices used by Government and commercial space industry operators. (b) Consultation.--In facilitating the development of standard practices under subsection (a), the Secretary, through the Office of Space Commerce, in consultation with the National Institute of Standards and Technology, shall engage in frequent and routine consultation with representatives of the commercial space industry, academia, and nonprofit organizations. (c) Promotion of Standard Practices.--On completion of such standard practices, the Secretary, the Secretary of State, the Secretary of Transportation, the Administrator, and the Secretary of Defense shall promote the adoption and use of the standard practices for domestic and international space missions. Passed the Senate December 21, 2022. Attest: Secretary. 117th CONGRESS 2d Session S. 4814 _______________________________________________________________________

ORBITS Act of 2022

A bill to establish a demonstration program for the active remediation of orbital debris and to require the development of uniform orbital debris standard practices in order to support a safe and sustainable orbital environment, and for other purposes.

ORBITS Act of 2022 Orbital Sustainability Act of 2022 ORBITS Act of 2022 Orbital Sustainability Act of 2022

Sen. Hickenlooper, John W.

D

CO

H.R.9041

Foreign Trade and International Finance

Domestic Reinvestment Act of 2022 This bill prohibits the Department of Homeland Security (DHS) or any other person from requiring any repayment, recoupment, or offset of certain antidumping and countervailing duties. The bill also requires DHS, within 90 days, to (1) refund any repayment or recoupment of these payments, and (2) fully distribute any antidumping or countervailing duties withheld as an offset by U.S. Customs and Border Protection.

To prohibit the Secretary of Homeland Security, or any other person, from requiring repayment, recoupment, or offset of certain antidumping duties and countervailing duties paid under section 754 of the Tariff Act of 1930, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Reinvestment Act of 2022''. SEC. 2. TERMINATION OF ALL EFFORTS TO CLAWBACK PAYMENTS OF CERTAIN ANTIDUMPING DUTIES AND COUNTERVAILING DUTIES. (a) In General.--Notwithstanding any other provision of law, neither the Secretary of Homeland Security nor any other person may-- (1) require repayment of, or attempt in any other way to recoup, any payment described in subsection (b); or (2) offset any past, current, or future distributions of antidumping duties or countervailing duties assessed on any imports in an attempt to recoup any payment described in subsection (b). (b) Payments Described.--Payments described in this subsection are payments of antidumping duties or countervailing duties made pursuant to section 754 of the Tariff Act of 1930 (19 U.S.C. 1675c (repealed by subtitle F of title VII of the Deficit Reduction Act of 2005 (Public Law 109-171; 120 Stat. 154))) that were-- (1) assessed and paid with respect to imports of goods from any country; and (2) distributed on or after January 1, 2001. (c) Payment of Funds Collected or Withheld.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall-- (1) refund any repayment or other recoupment of any payment described in subsection (b); and (2) fully distribute any antidumping duties or countervailing duties that the Commissioner of U.S. Customs and Border Protection is withholding as an offset as described in subsection (a)(2). (d) Limitation.--Nothing in this section shall be construed to prevent the Secretary of Homeland Security, or any other person, from requiring repayment of, or attempting to otherwise recoup, any payment described in subsection (b) as a result of-- (1) a finding of false statements, other misconduct, or insufficient verification of a certification by a recipient of such a payment; or (2) the issuance of a refund to an importer or surety pursuant to a settlement, court order, or reliquidation of an entry with respect to which such a payment was made. <all>

Domestic Reinvestment Act of 2022

To prohibit the Secretary of Homeland Security, or any other person, from requiring repayment, recoupment, or offset of certain antidumping duties and countervailing duties paid under section 754 of the Tariff Act of 1930, and for other purposes.

Domestic Reinvestment Act of 2022

Rep. Clyburn, James E.

D

SC

H.R.9523

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

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

Rep. Womack, Steve

R

AR

S.253

Crime and Law Enforcement

Cannabidiol and Marihuana Research Expansion Act This bill establishes a new, separate registration process to facilitate research on marijuana. Specifically, the bill directs the Drug Enforcement Administration (DEA) to follow specified procedures to register (1) practitioners to conduct marijuana research, and (2) manufacturers to supply marijuana for the research. The bill allows certain registered entities (including institutions of higher education, practitioners, and manufacturers) to manufacture, distribute, dispense, or possess marijuana or cannabidiol (CBD) for the purposes of medical research. Additionally, the bill directs the DEA to register manufacturers and distributors of CBD or marijuana for the purpose of commercial production of an approved drug that contains marijuana or its derivative. Finally, the bill includes various other provisions, including provisions that

To expand research on the cannabidiol and marihuana. 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 ``Cannabidiol and Marihuana Research Expansion 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. TITLE I--REGISTRATIONS FOR MARIHUANA RESEARCH Sec. 101. Marihuana research applications. Sec. 102. Research protocols. Sec. 103. Applications to manufacture marihuana for research. Sec. 104. Adequate and uninterrupted supply. Sec. 105. Security requirements. Sec. 106. Prohibition against reinstating interdisciplinary review process for non-NIH-funded researchers. TITLE II--DEVELOPMENT OF FDA-APPROVED DRUGS USING CANNABIDIOL AND MARIHUANA Sec. 201. Medical research on cannabidiol. Sec. 202. Registration for the commercial production and distribution of Food and Drug Administration-approved drugs. Sec. 203. Importation of cannabidiol for research purposes. TITLE III--DOCTOR-PATIENT RELATIONSHIP Sec. 301. Doctor-patient relationship. TITLE IV--FEDERAL RESEARCH Sec. 401. Federal research. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``appropriately registered'' means that an individual or entity is registered under the Controlled Substances Act (21 U.S.C. 801 et seq.) to engage in the type of activity that is carried out by the individual or entity with respect to a controlled substance on the schedule that is applicable to cannabidiol or marihuana, as applicable; (2) the term ``cannabidiol'' means-- (A) the substance, cannabidiol, as derived from marihuana that has a delta-9-tetrahydrocannabinol level that is greater than 0.3 percent; and (B) the synthetic equivalent of the substance described in subparagraph (A); (3) the terms ``controlled substance'', ``dispense'', ``distribute'', ``manufacture'', ``marihuana'', and ``practitioner'' have the meanings given such terms in section 102 of the Controlled Substances Act (21 U.S.C. 802), as amended by this Act; (4) the term ``covered institution of higher education'' means an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that-- (A)(i) has highest or higher research activity, as defined by the Carnegie Classification of Institutions of Higher Education; or (ii) is an accredited medical school or an accredited school of osteopathic medicine; and (B) is appropriately registered under the Controlled Substances Act (21 U.S.C. 801 et seq.); (5) the term ``drug'' has the meaning given the term in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)); (6) the term ``medical research for drug development'' means medical research that is-- (A) a preclinical study or clinical investigation conducted in accordance with section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) or otherwise permitted by the Department of Health and Human Services to determine the potential medical benefits of marihuana or cannabidiol as a drug; and (B) conducted by a covered institution of higher education, practitioner, or manufacturer that is appropriately registered under the Controlled Substances Act (21 U.S.C. 801 et seq.); and (7) the term ``State'' means any State of the United States, the District of Columbia, and any territory of the United States. TITLE I--REGISTRATIONS FOR MARIHUANA RESEARCH SEC. 101. MARIHUANA RESEARCH APPLICATIONS. Section 303(f) of the Controlled Substances Act (21 U.S.C. 823(f)) is amended-- (1) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively; (2) by striking ``(f) The Attorney General'' and inserting ``(f)(1) The Attorney General''; (3) by striking ``Registration applications'' and inserting the following: ``(2)(A) Registration applications''; (4) by striking ``Article 7'' and inserting the following: ``(3) Article 7''; and (5) by inserting after paragraph (2)(A), as so designated, the following: ``(B)(i) The Attorney General shall register a practitioner to conduct research with marihuana if-- ``(I) the applicant's research protocol-- ``(aa) has been reviewed and allowed-- ``(AA) by the Secretary of Health and Human Services under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)); ``(BB) by the National Institutes of Health or another Federal agency that funds scientific research; or ``(CC) pursuant to sections 1301.18 and 1301.32 of title 21, Code of Federal Regulations, or any successors thereto; and ``(II) the applicant has demonstrated to the Attorney General that there are effective procedures in place to adequately safeguard against diversion of the controlled substance for legitimate medical or scientific use pursuant to section 105 of the Cannabidiol and Marihuana Research Expansion Act, including demonstrating that the security measures are adequate for storing the quantity of marihuana the applicant would be authorized to possess. ``(ii) The Attorney General may deny an application for registration under this subparagraph only if the Attorney General determines that the issuance of the registration would be inconsistent with the public interest. In determining the public interest, the Attorney General shall consider the factors listed in-- ``(I) subparagraphs (B) through (E) of paragraph (1); and ``(II) subparagraph (A) of paragraph (1), if the applicable State requires practitioners conducting research to register with a board or authority described in such subparagraph (A). ``(iii)(I) Not later than 60 days after the date on which the Attorney General receives a complete application for registration under this subparagraph, the Attorney General shall-- ``(aa) approve the application; or ``(bb) request supplemental information. ``(II) For purposes of subclause (I), an application shall be deemed complete when the applicant has submitted documentation showing that the requirements under clause (i) are satisfied. ``(iv) Not later than 30 days after the date on which the Attorney General receives supplemental information as described in clause (iii)(I)(bb) in connection with an application described in this subparagraph, the Attorney General shall approve or deny the application. ``(v) If an application described in this subparagraph is denied, the Attorney General shall provide a written explanation of the basis of denial to the applicant.''. SEC. 102. RESEARCH PROTOCOLS. (a) In General.--Paragraph (2)(B) of section 303(f) of the Controlled Substances Act (21 U.S.C. 823(f)), as amended by section 101 of this Act, is further amended by adding at the end the following: ``(vi)(I) If the Attorney General grants an application for registration under clause (i), the registrant may amend or supplement the research protocol without reapplying if the registrant does not change-- ``(aa) the quantity or type of drug; ``(bb) the source of the drug; or ``(cc) the conditions under which the drug is stored, tracked, or administered. ``(II)(aa) If a registrant under clause (i) seeks to change the type of drug, the source of the drug, or conditions under which the drug is stored, tracked, or administered, the registrant shall notify the Attorney General via registered mail, or an electronic means permitted by the Attorney General, not later than 30 days before implementing an amended or supplemental research protocol. ``(bb) A registrant may proceed with an amended or supplemental research protocol described in item (aa) if the Attorney General does not explicitly object during the 30-day period beginning on the date on which the Attorney General receives the notice under item (aa). ``(cc) The Attorney General may only object to an amended or supplemental research protocol under this subclause if additional security measures are needed to safeguard against diversion or abuse. ``(dd) If a registrant under clause (i) seeks to address additional security measures identified by the Attorney General under item (cc), the registrant shall notify the Attorney General via registered mail, or an electronic means permitted by the Attorney General, not later than 30 days before implementing an amended or supplemental research protocol. ``(ee) A registrant may proceed with an amended or supplemental research protocol described in item (dd) if the Attorney General does not explicitly object during the 30-day period beginning on the date on which the Attorney General receives the notice under item (dd). ``(III)(aa) If a registrant under clause (i) seeks to change the quantity of marihuana needed for research and the change in quantity does not impact the factors described in item (bb) or (cc) of subclause (I) of this clause, the registrant shall notify the Attorney General via registered mail or using an electronic means permitted by the Attorney General. ``(bb) A notification under item (aa) shall include-- ``(AA) the Drug Enforcement Administration registration number of the registrant; ``(BB) the quantity of marihuana already obtained; ``(CC) the quantity of additional marihuana needed to complete the research; and ``(DD) an attestation that the change in quantity does not impact the source of the drug or the conditions under which the drug is stored, tracked, or administered. ``(cc) The Attorney General shall ensure that-- ``(AA) any registered mail return receipt with respect to a notification under item (aa) is submitted for delivery to the registrant providing the notification not later than 3 days after receipt of the notification by the Attorney General; and ``(BB) notice of receipt of a notification using an electronic means permitted under item (aa) is provided to the registrant providing the notification not later than 3 days after receipt of the notification by the Attorney General. ``(dd)(AA) On and after the date described in subitem (BB), a registrant that submits a notification in accordance with item (aa) may proceed with the research as if the change in quantity has been approved on such date, unless the Attorney General notifies the registrant of an objection described in item (ee). ``(BB) The date described in this subitem is the date on which a registrant submitting a notification under item (aa) receives the registered mail return receipt with respect to the notification or the date on which the registrant receives notice that the notification using an electronic means permitted under item (aa) was received by the Attorney General, as the case may be. ``(ee) A notification submitted under item (aa) shall be deemed to be approved unless the Attorney General, not later than 10 days after receiving the notification, explicitly objects based on a finding that the change in quantity-- ``(AA) does impact the source of the drug or the conditions under which the drug is stored, tracked, or administered; or ``(BB) necessitates that the registrant implement additional security measures to safeguard against diversion or abuse. ``(IV) Nothing in this clause shall limit the authority of the Secretary of Health and Human Services over requirements related to research protocols, including changes in-- ``(aa) the method of administration of marihuana; ``(bb) the dosing of marihuana; and ``(cc) the number of individuals or patients involved in research.''. (b) Regulations.--Not later than 1 year after the date of enactment of this Act, the Attorney General shall promulgate regulations to carry out the amendment made by this section. SEC. 103. APPLICATIONS TO MANUFACTURE MARIHUANA FOR RESEARCH. (a) In General.--Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended-- (1) by redesignating subsections (c) through (k) as subsections (d) through (l), respectively; (2) by inserting after subsection (b) the following: ``(c)(1)(A) As it relates to applications to manufacture marihuana for research purposes, if the Attorney General places a notice in the Federal Register to increase the number of entities registered under this Act to manufacture marihuana to supply appropriately registered researchers in the United States, the Attorney General shall, not later than 60 days after the date on which the Attorney General receives a completed application-- ``(i) approve the application; or ``(ii) request supplemental information. ``(B) For purposes of subparagraph (A), an application shall be deemed complete when the applicant has submitted documentation showing each of the following: ``(i) The requirements designated in the notice in the Federal Register are satisfied. ``(ii) The requirements under this Act are satisfied. ``(iii) The applicant will limit the transfer and sale of any marihuana manufactured under this subsection-- ``(I) to researchers who are registered under this Act to conduct research with controlled substances in schedule I; and ``(II) for purposes of use in preclinical research or in a clinical investigation pursuant to an investigational new drug exemption under 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)). ``(iv) The applicant will transfer or sell any marihuana manufactured under this subsection only with prior, written consent for the transfer or sale by the Attorney General. ``(v) The applicant has completed the application and review process under subsection (a) for the bulk manufacture of controlled substances in schedule I. ``(vi) The applicant has established and begun operation of a process for storage and handling of controlled substances in schedule I, including for inventory control and monitoring security in accordance with section 105 of the Cannabidiol and Marihuana Research Expansion Act. ``(vii) The applicant is licensed by each State in which the applicant will conduct operations under this subsection, to manufacture marihuana, if that State requires such a license. ``(C) Not later than 30 days after the date on which the Attorney General receives supplemental information requested under subparagraph (A)(ii) with respect to an application, the Attorney General shall approve or deny the application. ``(2) If an application described in this subsection is denied, the Attorney General shall provide a written explanation of the basis of denial to the applicant.''; (3) in subsection (h)(2), as so redesignated, by striking ``subsection (f)'' each place it appears and inserting ``subsection (g)''; (4) in subsection (j)(1), as so redesignated, by striking ``subsection (d)'' and inserting ``subsection (e)''; and (5) in subsection (k), as so redesignated, by striking ``subsection (f)'' each place it appears and inserting ``subsection (g)''. (b) Technical and Conforming Amendments.-- (1) The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended-- (A) in section 102 (21 U.S.C. 802)-- (i) in paragraph (52)(B)-- (I) by striking ``303(f)'' each place it appears and inserting ``303(g)''; and (II) in clause (i), by striking ``(d), or (e)'' and inserting ``(e), or (f)''; and (ii) in paragraph (54), by striking ``303(f)'' each place it appears and inserting ``303(g)''; (B) in section 302(g)(5)(A)(iii)(I)(bb) (21 U.S.C. 822(g)(5)(A)(iii)(I)(bb)), by striking ``303(f)'' and inserting ``303(g)''; (C) in section 304 (21 U.S.C. 824), by striking ``303(g)(1)'' each place it appears and inserting ``303(h)(1)''; (D) in section 307(d)(2) (21 U.S.C. 827(d)(2)), by striking ``303(f)'' and inserting ``303(g)''; (E) in section 309A(a)(2) (21 U.S.C. 829a(a)(2)), in the matter preceding subparagraph (A), by striking ``303(g)(2)'' and inserting ``303(h)(2)''; (F) in section 311(h) (21 U.S.C. 831(h)), by striking ``303(f)'' each place it appears and inserting ``303(g)''; (G) in section 401(h)(2) (21 U.S.C. 841(h)(2)), by striking ``303(f)'' each place it appears and inserting ``303(g)''; (H) in section 403(c)(2)(B) (21 U.S.C. 843(c)(2)(B)), by striking ``303(f)'' and inserting ``303(g)''; and (I) in section 512(c)(1) (21 U.S.C. 882(c)(1)) by striking ``303(f)'' and inserting ``303(g)''. (2) Section 1008(c) of the Controlled Substances Import and Export Act (21 U.S.C. 958(c)) is amended-- (A) in paragraph (1), by striking ``303(d)'' and inserting ``303(e)''; and (B) in paragraph (2)(B), by striking ``303(h)'' and inserting ``303(i)''. (3) Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is amended-- (A) in section 520E-4(c) (42 U.S.C. 290bb-36d(c)), by striking ``303(g)(2)(B)'' and inserting ``303(h)(2)(B)''; and (B) in section 544(a)(3) (42 U.S.C. 290dd-3(a)(3)), by striking ``303(g)'' and inserting ``303(h)''. (4) Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended-- (A) in section 1833(bb)(3)(B) (42 U.S.C. 1395l(bb)(3)(B)), by striking ``303(g)'' and inserting ``303(h)''; (B) in section 1834(o)(3)(C)(ii) (42 U.S.C. 1395m(o)(3)(C)(ii)), by striking ``303(g)'' and inserting ``303(h)''; and (C) in section 1866F(c)(3)(C) (42 U.S.C. 1395cc- 6(c)(3)(C)), by striking ``303(g)'' and inserting ``303(h)''. (5) Section 1903(aa)(2)(C)(ii) of the Social Security Act (42 U.S.C. 1396b(aa)(2)(C)(ii)) is amended by striking ``303(g)'' each place it appears and inserting ``303(h)''. SEC. 104. ADEQUATE AND UNINTERRUPTED SUPPLY. On an annual basis, the Attorney General shall assess whether there is an adequate and uninterrupted supply of marihuana, including of specific strains, for research purposes. SEC. 105. SECURITY REQUIREMENTS. (a) In General.--An individual or entity engaged in researching marihuana or its components shall store it in a securely locked, substantially constructed cabinet. (b) Requirements for Other Measures.--Any other security measures required by the Attorney General to safeguard against diversion shall be consistent with those required for practitioners conducting research on other controlled substances in schedules I and II in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) that have a similar risk of diversion and abuse. SEC. 106. PROHIBITION AGAINST REINSTATING INTERDISCIPLINARY REVIEW PROCESS FOR NON-NIH-FUNDED RESEARCHERS. The Secretary of Health and Human Services may not-- (1) reinstate the Public Health Service interdisciplinary review process described in the guidance entitled ``Guidance on Procedures for the Provision of Marijuana for Medical Research'' (issued on May 21, 1999); or (2) require another review of scientific protocols that is applicable only to research on marihuana or its components. TITLE II--DEVELOPMENT OF FDA-APPROVED DRUGS USING CANNABIDIOL AND MARIHUANA SEC. 201. MEDICAL RESEARCH ON CANNABIDIOL. Notwithstanding any provision of the Controlled Substances Act (21 U.S.C. 801 et seq.), the Safe and Drug-Free Schools and Communities Act (20 U.S.C. 7101 et seq.), chapter 81 of title 41, United States Code, or any other Federal law, an appropriately registered covered institution of higher education, a practitioner, or a manufacturer may manufacture, distribute, dispense, or possess marihuana or cannabidiol if the marihuana or cannabidiol is manufactured, distributed, dispensed, or possessed, respectively, for purposes of medical research for drug development or subsequent commercial production in accordance with section 202. SEC. 202. REGISTRATION FOR THE COMMERCIAL PRODUCTION AND DISTRIBUTION OF FOOD AND DRUG ADMINISTRATION-APPROVED DRUGS. The Attorney General shall register an applicant to manufacture or distribute cannabidiol or marihuana for the purpose of commercial production of a drug containing or derived from marihuana that is approved by the Secretary of Health and Human Services under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), in accordance with the applicable requirements under subsection (a) or (b) of section 303 of the Controlled Substances Act (21 U.S.C. 823). SEC. 203. IMPORTATION OF CANNABIDIOL FOR RESEARCH PURPOSES. The Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.) is amended-- (1) in section 1002(a) (21 U.S.C. 952(a))-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2)(C), by inserting ``and'' after ``uses,''; and (C) inserting before the undesignated matter following paragraph (2)(C) the following: ``(3) such amounts of marihuana or cannabidiol (as defined in section 2 of the Cannabidiol and Marihuana Research Expansion Act) as are-- ``(A) approved for medical research for drug development (as such terms are defined in section 2 of the Cannabidiol and Marihuana Research Expansion Act), or ``(B) necessary for registered manufacturers to manufacture drugs containing marihuana or cannabidiol that have been approved for use by the Commissioner of Food and Drugs under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.),''; and (2) in section 1007 (21 U.S.C. 957), by amending subsection (a) to read as follows: ``(a)(1) Except as provided in paragraph (2), no person may-- ``(A) import into the customs territory of the United States from any place outside thereof (but within the United States), or import into the United States from any place outside thereof, any controlled substance or list I chemical, or ``(B) export from the United States any controlled substance or list I chemical, unless there is in effect with respect to such person a registration issued by the Attorney General under section 1008, or unless such person is exempt from registration under subsection (b). ``(2) Paragraph (1) shall not apply to the import or export of marihuana or cannabidiol (as defined in section 2 of the Cannabidiol and Marihuana Research Expansion Act) that has been approved for-- ``(A) medical research for drug development authorized under section 201 of the Cannabidiol and Marihuana Research Expansion Act; or ``(B) use by registered manufacturers to manufacture drugs containing marihuana or cannabidiol that have been approved for use by the Commissioner of Food and Drugs under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).''. TITLE III--DOCTOR-PATIENT RELATIONSHIP SEC. 301. DOCTOR-PATIENT RELATIONSHIP. It shall not be a violation of the Controlled Substances Act (21 U.S.C. 801 et seq.) for a State-licensed physician to discuss-- (1) the currently known potential harms and benefits of marihuana derivatives, including cannabidiol, as a treatment with the legal guardian of the patient of the physician if the patient is a child; or (2) the currently known potential harms and benefits of marihuana and marihuana derivatives, including cannabidiol, as a treatment with the patient or the legal guardian of the patient of the physician if the patient is a legal adult. TITLE IV--FEDERAL RESEARCH SEC. 401. FEDERAL RESEARCH. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, in coordination with the Director of the National Institutes of Health and the heads of other relevant Federal agencies, shall submit to the Caucus on International Narcotics Control, the Committee on the Judiciary, and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce and the Committee on the Judiciary of the House of Representatives a report on-- (1) the potential therapeutic effects of cannabidiol or marihuana on serious medical conditions, including intractable epilepsy; (2) the potential effects of marihuana, including-- (A) the effect of increasing delta-9- tetrahydrocannabinol levels on the human body and developing adolescent brains; and (B) the effect of various delta-9- tetrahydrocannabinol levels on cognitive abilities, such as those that are required to operate motor vehicles or other heavy equipment; and (3) the barriers associated with researching marihuana or cannabidiol in States that have legalized the use of such substances, which shall include-- (A) recommendations as to how such barriers might be overcome, including whether public-private partnerships or Federal-State research partnerships may or should be implemented to provide researchers with access to additional strains of marihuana and cannabidiol; and (B) recommendations as to what safeguards must be in place to verify-- (i) the levels of tetrahydrocannabinol, cannabidiol, or other cannabinoids contained in products obtained from such States is accurate; and (ii) that such products do not contain harmful or toxic components. (b) Activities.--To the extent practicable, the Secretary of Health and Human Services, either directly or through awarding grants, contacts, or cooperative agreements, shall expand and coordinate the activities of the National Institutes of Health and other relevant Federal agencies to better determine the effects of cannabidiol and marihuana, as outlined in the report submitted under paragraphs (1) and (2) of subsection (a). Passed the Senate March 24, 2022. Attest: Secretary. 117th CONGRESS 2d Session S. 253 _______________________________________________________________________

Cannabidiol and Marihuana Research Expansion Act

A bill to expand research on the cannabidiol and marihuana.

Cannabidiol and Marihuana Research Expansion Act Cannabidiol and Marihuana Research Expansion Act

Sen. Feinstein, Dianne

D

CA

S.4702

Government Operations and Politics

Preventing a Patronage System Act of 2022 or the PPSA Act of 2022 This bill prohibits executive agency positions in the competitive service from being placed in the excepted service, unless such positions are placed in Schedules A through E as in effect on September 30, 2020. The bill also prohibits positions in the excepted service from being placed in any schedule other than the aforementioned schedules. On October 21, 2020, former President Donald Trump issued an executive order titled Creating Schedule F in the Excepted Service. The order placed executive agency positions that are of a confidential, policy-determining, policy-making, or policy-advocating character, and that are not normally subject to change as a result of a presidential transition, under a new schedule in the excepted service (Schedule F) instead of the competitive service. The order also required any such positions in the excepted service to be reclassified to Schedule F. The order was revoked by President Joe Biden on January 22, 2021.

To impose limits on excepting competitive service positions from the competitive service, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing a Patronage System Act of 2022'' or the ``PPSA Act of 2022''. SEC. 2. LIMITATIONS ON EXCEPTION OF COMPETITIVE SERVICE POSITIONS. (a) In General.--Notwithstanding section 3302 of title 5, United States Code, no position in the competitive service (as defined in section 2102 of that title) may be excepted from the competitive service unless that position is placed-- (1) in any of schedules A through E, as described in section 6.2 of title 5, Code of Federal Regulations, as in effect on September 30, 2020; and (2) under the terms and conditions under part 6 of title 5, Code of Federal Regulations, as in effect on September 30, 2020. (b) Subsequent Transfers.--Notwithstanding section 3302 of title 5, United States Code, no position in the excepted service (as defined in section 2103 of that title) may be placed in any schedule other than a schedule described in subsection (a)(1). <all>

PPSA Act of 2022

A bill to impose limits on excepting competitive service positions from the competitive service, and for other purposes.

PPSA Act of 2022 Preventing a Patronage System Act of 2022

Sen. Kaine, Tim

D

VA

H.R.4175

Armed Forces and National Security

United States and Republic of Korea Alliance Support Act This bill prohibits the Department of Defense (DOD) from reducing below 22,000 the number of active-duty service members deployed to South Korea unless DOD makes specified reports and certifications, including that such a reduction is in the interest of national security.

To limit the use of funds to reduce the total number of members of the Armed Forces serving on active duty who are deployed to the Republic of Korea, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``United States and Republic of Korea Alliance Support Act''. SEC. 2. LIMITATION ON USE OF FUNDS TO REDUCE THE TOTAL NUMBER OF MEMBERS OF THE ARMED FORCES SERVING ON ACTIVE DUTY WHO ARE DEPLOYED TO THE REPUBLIC OF KOREA. (a) Sense of Congress.--It is the sense of Congress that-- (1) it is in the United States national interest to maintain treaty alliances and its forward military presence in the Indo-Pacific region to deter conflict and preserve peace and security; (2) the United States fully stands behind commitments to its allies in Northeast Asia as articulated in the Mutual Defense Treaty Between the United States and the Republic of Korea and the Treaty of Mutual Cooperation and Security between the United States and Japan; (3) the alliances between the United States and the Republic of Korea and between the United States and Japan form the bedrock of regional stability in the Indo-Pacific region, including with respect to the threat posed by North Korea; (4) the withdrawal or significant reduction of United States Armed Forces from the Republic of Korea may risk upsetting the military balance in that region; and (5) Congress should be consulted in advance of any significant changes to the status quo on the Korean Peninsula. (b) Limitation.--None of the funds made available to the Department of Defense for fiscal year 2022 may be used to reduce the total number of members of the United States Armed Forces serving on active duty who are deployed to the Republic of Korea below 22,000 unless-- (1) the Secretary of Defense first submits to the appropriate congressional committees a report on-- (A) the effect of such reduction on preserving deterrence on the Korean Peninsula; (B) the anticipated reaction of North Korea to such reduction; (C) the effect of such reduction on increasing incentives for the Republic of Korea to develop an independent nuclear deterrent; (D) the effect of such reduction on the long-term military and economic partnership between the United States and the Republic of Korea and the United States and Japan, respectively; and (E) the effect of such reduction on the military balance between the United States and the People's Republic of China and between the United States and the Russian Federation; (2) the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, first certifies to the appropriate congressional committees that-- (A) such a reduction is in the national security interest of the United States and will not significantly undermine the security of United States allies in the region; (B) the Secretary has appropriately consulted with allies of the United States, including the Republic of Korea and Japan, regarding such a reduction; and (C) the Republic of Korea would be fully capable of defending itself and deterring a conflict on the Korean Peninsula following such a reduction; and (3) such a reduction supports and is consistent with the most current national defense strategy under section 113 of title 10, United States Code. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Armed Services of the Senate. <all>

United States and Republic of Korea Alliance Support Act

To limit the use of funds to reduce the total number of members of the Armed Forces serving on active duty who are deployed to the Republic of Korea, and for other purposes.

United States and Republic of Korea Alliance Support Act

Rep. Gallagher, Mike

R

WI

H.R.3495

Labor and Employment

National Signing Bonus Act of 2021 This bill replaces existing Federal Pandemic Unemployment Compensation payments for unemployed individuals with two-time signing bonuses for newly employed individuals. Specifically, the bill allows states to provide up to two direct payments to individuals who are eligible for Federal Pandemic Unemployment Compensation prior to commencing employment with a new employer. The individual must continue employment with the new employer for at least four weeks before July 4, 2021, to be eligible for the first $1,212 payment under the bill and for at least eight weeks before July 4, 2021, to be eligible for the final $1,212 payment. The bill otherwise eliminates federal reimbursement for Federal Pandemic Unemployment Compensation payments.

To support both workers and recovery by converting expanded Federal unemployment payments into signing bonuses. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Signing Bonus Act of 2021''. SEC. 2. NATIONAL SIGNING BONUSES. (a) In General.--Section 2104(b) of the CARES Act (15 U.S.C. 9023(b)) is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: ``(4) Back-to-work bonuses.-- ``(A) In general.--Any agreement under this section may also provide that the State agency of the State may make up to 2 lump-sum payments (in this paragraph referred to as the `first lump-sum payment' and the `second lump-sum payment') to each individual who-- ``(i) was eligible for Federal Pandemic Unemployment Compensation under paragraph (1) for-- ``(I) any week beginning after the date of enactment of the National Signing Bonus Act of 2021; and ``(II) at least the 8 weeks immediately preceding the week under subclause (I); ``(ii) is no longer eligible for Federal Pandemic Unemployment Compensation under paragraph (1) (as determined by the State), as a result of earnings due to commencing employment with an employer by whom the individual has not been employed during the preceding 6 months; and ``(iii) as verified by the individual's employer pursuant to subparagraph (E)-- ``(I) has been employed by a non- governmental employer throughout-- ``(aa) in the case of the first lump-sum payment, the individual's first qualifying period; and ``(bb) in the case of the second lump-sum payment, the individual's second qualifying period; and ``(II) remains employed with an intent to continue such employment. ``(B) Amount.-- ``(i) First lump-sum payment.--With respect to the first qualifying period, a payment made to an individual under this paragraph shall be paid in a lump sum amount of $1,212. ``(ii) Second lump-sum payment.--With respect to the second qualifying period, a payment made to an individual under this paragraph shall be paid in a lump sum amount of $1,212. ``(C) Qualifying periods.-- ``(i) First qualifying period.--For purposes of this paragraph, the term `first qualifying period' means, with respect to an individual, a period-- ``(I) beginning on the date the individual commenced employment as described in subparagraph (A)(ii); and ``(II) extending at least 4 consecutive weeks from such date. ``(ii) Second qualifying period.--For purposes of this paragraph, the term `second qualifying period' means, with respect to an individual, a period-- ``(I) beginning on the date the individual commenced employment as described in subparagraph (A)(ii) (with the same employer with whom the individual qualified for the first lump-sum payment under this paragraph); and ``(II) extending at least 8 consecutive weeks from such date. ``(D) Duration.--A first or second lump-sum payment may not be made to any individual under this paragraph with respect to a first or second qualifying period beginning on or after July 4, 2021. ``(E) Employer verification required for both lump- sum payments.--Before making the first and second lump- sum payment to an individual pursuant to this paragraph, a State agency shall require verification from the individual's employer-- ``(i) of the individual's employment status; ``(ii) of the wages paid to the individual during the applicable qualifying period; and ``(iii) of the hours worked by the individual during the applicable qualifying period. ``(F) Limitation.--A State may not provide more than one first lump-sum payment and one second lump-sum payment under this paragraph to an individual. ``(G) Special rule.--Payments made pursuant to an agreement under this paragraph shall not be considered to violate the withdrawal requirements of section 303(a)(5) of the Social Security Act (42 U.S.C. 503(a)(5)) or section 3304(a)(4) of the Internal Revenue Code of 1986.''. (b) Conforming Amendments.--Section 2104 of the CARES Act (15 U.S.C. 9023) is amended-- (1) in subsections (d) and (f), by inserting ``, payments under subsection (b)(4),'' after ``Federal Pandemic Unemployment Compensation'' each place it appears; and (2) in subsection (g)-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(3) the purposes of the preceding provisions of this section, as such provisions apply with respect to payments under subsection (b)(4), shall be applied with respect to unemployment benefits described in subsection (i)(2) to the same extent and in the same manner as if those benefits were regular compensation.''. <all>

National Signing Bonus Act of 2021

To support both workers and recovery by converting expanded Federal unemployment payments into signing bonuses.

National Signing Bonus Act of 2021

Rep. Gallagher, Mike

R

WI

H.R.1562

Finance and Financial Sector

American Financial Markets Integrity and Security Act This bill generally prohibits investments in certain Chinese military companies and entities reasonably believed to be involved in activities contrary to the national security or foreign policy interests of the United States. These entities may not sell securities to U.S. markets. Investment companies, insurance companies, and retirement plans are prohibited from investing in these entities. The bill also prohibits the use of federal funds to enter into or renew a contract with these entities. Furthermore, the Department of Commerce and the Office of the Director of National Intelligence—in addition to the Department of Defense as under current law—are allowed to add entities to the list of Chinese military companies.

To prohibit the trading of the securities of certain Communist Chinese military companies 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 ``American Financial Markets Integrity and Security Act''. SEC. 2. PROHIBITIONS RELATING TO CERTAIN COMMUNIST CHINESE MILITARY COMPANIES. (a) Definitions.--In this section: (1) Commission.--The term ``Commission'' means the Securities and Exchange Commission. (2) Control; insurance company.--The terms ``control'' and ``insurance company'' have the meaning given the terms in section 2(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-2(a)). (3) Covered entity.-- (A) In general.--The term ``covered entity''-- (i) means an entity on-- (I) the list of Communist Chinese military companies required by section 1237(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 50 U.S.C. 1701 note); or (II) the entity list maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of the title 15, Code of Federal Regulations; and (ii) includes a parent, subsidiary, or affiliate of, or an entity controlled by, an entity described in clause (i). (B) Grace period.--For the purposes of this Act, and the amendments made by this Act, an entity shall be considered to be a covered entity beginning on the date that is 1 year after the date on which the entity first qualifies under the applicable provision of subparagraph (A). (4) Exchange; security.--The terms ``exchange'' and ``security'' have the meanings given those terms in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)). (b) Prohibitions.-- (1) Listing on exchange.--Beginning on the date that is 1 year after the date of enactment of this Act, the Commission shall prohibit a covered entity from offering to sell or selling on an exchange (or through any other method that is within the jurisdiction of the Commission to regulate, including through the method of trading that is commonly referred to as the ``over-the-counter'' trading of securities) securities issued by the covered entity, including pursuant to an exemption to section 5 of the Securities Act of 1933 (15 U.S.C. 77e). (2) Investments; limitation on actions.-- (A) In general.--The Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.) is amended-- (i) in section 12(d) (15 U.S.C. 80a-12(d)), by adding at the end the following: ``(4)(A) It shall be unlawful for any investment company, or any person that would be an investment company but for the application of paragraph (1) or (7) of section 3(c), to invest in a covered entity. ``(B) In this paragraph, the term `covered entity' has the meaning given the term in section 2(a) of the American Financial Markets Integrity and Security Act.''; and (ii) in section 13(c)(1) (15 U.S.C. 80a- 13(c)(1))-- (I) in subparagraph (A), by striking ``or'' at the end; (II) in subparagraph (B), by striking the period at the end and inserting ``or''; and (III) by adding at the end the following: ``(C) are covered entities, as that term is defined in section 12(d)(4)(B).''. (B) Effective date.--The amendments made by subparagraph (A) shall take effect on the date that is 1 year after the date of enactment of this Act. (3) Federal funds.-- (A) In general.--Except as provided in subparagraph (B), on and after the date that is 180 days after the date of enactment of this Act, no Federal funds may be used to enter into, extend, or renew a contract or purchasing agreement with a covered entity. (B) Waiver.--The head of a Federal agency may issue a national security waiver to the prohibition in subparagraph (A) for a period of not more than 2 years with respect to a covered entity if the agency head submits to Congress a notification that includes-- (i) a written justification for the waiver; and (ii) a plan for a phase-out of the goods or services provided by the covered entity. (4) Investments by insurance companies.-- (A) In general.--On and after the date of enactment of this Act, an insurance company may not invest in a covered entity. (B) Certification of compliance.-- (i) In general.--Each insurance company shall, on an annual basis, submit to the Secretary of the Treasury a certification of compliance with subparagraph (A). (ii) Responsibilities of the secretary.-- The Secretary of the Treasury shall create a form for the submission required under clause (i) in such a manner that minimizes the reporting burden on an insurance company making the submission. (C) Sharing information.--The Secretary of the Treasury, acting through the Federal Insurance Office, shall share the information received under subparagraph (B) and coordinate verification of compliance with State insurance offices. (c) Qualified Trusts, etc.-- (1) In general.--Subsection (a) of section 401 of the Internal Revenue Code of 1986 is amended by inserting after paragraph (38) the following new paragraph: ``(39) Prohibited investments.--A trust which is part of a plan shall not be treated as a qualified trust under this subsection unless the plan provides that no part of the plan's assets will be invested in any covered entity (as defined in section 12(d)(6)(B) of the Investment Company Act of 1940).''. (2) IRAs.--Paragraph (3) of section 408(a) of such Code is amended by striking ``contracts'' and inserting ``contracts or in any covered entity (as defined in section 12(d)(6)(B) of the Investment Company Act of 1940)''. (3) Fiduciary duty.--Section 404 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104) is amended by adding at the end the following new subsection: ``(f) Prohibited Investments.--No fiduciary shall cause any assets of a plan to be invested in any covered entity (as defined in section 12(d)(6)(B) of the Investment Company Act of 1940 (15 U.S.C. 80a- 12(d)(6)(B)).''. (4) Effective date.-- (A) In general.--Except as provided in subparagraph (B), the amendments made by this subsection shall apply to plan years beginning after the date which is 180 days after the date of the enactment of this Act. (B) Plan amendments.--If subparagraph (C) applies to any retirement plan or contract amendment-- (i) such plan or contract shall not fail to be treated as being operated in accordance with the terms of the plan during the period described in subparagraph (C)(ii) solely because the plan operates in accordance with the amendments made by this subsection, and (ii) except as provided by the Secretary of the Treasury (or the Secretary's delegate), such plan or contract shall not fail to meet the any requirements of the Internal Revenue Code of 1986 or the Employee Retirement Income Security Act of 1974 by reason of such amendment. (C) Amendments to which paragraph applies.-- (i) In general.--This subparagraph shall apply to any amendment to any plan or annuity contract which-- (I) is made pursuant to the provisions of this section, and (II) is made on or before the last day of the first plan year beginning on or after the date which is 2 years after the date of the enactment of this Act (4 years after such date of enactment, in the case of a governmental plan). (ii) Conditions.--This subparagraph shall not apply to any amendment unless-- (I) during the period beginning on the date which is 180 days after the date of the enactment of this Act, and ending on the date described in clause (i)(II) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect, and (II) such plan or contract amendment applies retroactively for such period. (D) Subsequent amendments.--Rules similar to the rules of subparagraphs (B) and (C) shall apply in the case of any amendment to any plan or annuity contract made pursuant to any update of the list of Communist Chinese military companies required by section 1237(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 50 U.S.C. 1701 note) which is made after the effective date of the amendments made by this subsection. SEC. 3. MODIFICATION OF REQUIREMENTS FOR LIST OF COMMUNIST CHINESE MILITARY COMPANIES. Section 1237(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 50 U.S.C. 1701 note) is amended-- (1) by striking paragraph (2) and inserting the following: ``(2) Revisions to the list.-- ``(A) Additions.--The Secretary of Defense, the Secretary of Commerce, or the Director of National Intelligence may add a person to the list required by paragraph (1) at any time. ``(B) Removals.--A person may be removed from the list required by paragraph (1) if the Secretary of Defense, the Secretary of Commerce, and the Director of National Intelligence agree to remove the person from the list. ``(C) Submission of updates to congress.--Not later than February 1 of each year, the Secretary of Defense shall submit a version of the list required in paragraph (1), updated to include any additions or removals under this paragraph, to the committees and officers specified in paragraph (1).''; (2) by striking paragraph (3) and inserting the following: ``(3) Consultation.--In carrying out paragraphs (1) and (2), the Secretary of Defense, the Secretary of Commerce, and the Director of National Intelligence shall consult with each other, the Attorney General, and the Director of the Federal Bureau of Investigation.''; and (3) in paragraph (4), in the matter preceding subparagraph (A), by striking ``making the determination required by paragraph (1) and of carrying out paragraph (2)'' and inserting ``this section''. SEC. 4. ANALYSIS OF FINANCIAL AMBITIONS OF THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA. (a) Analysis Required.--The Director of the Office of Commercial and Economic Analysis of the Air Force shall conduct an analysis of-- (1) the strategic importance to the Government of the People's Republic of China of inflows of United States dollars through capital markets to the People's Republic of China; (2) the methods by which that Government seeks to manage such inflows; (3) how the inclusion of the securities of Chinese entities in stock or bond indexes affects such inflows and serves the financial ambitions of that Government; and (4) how the listing of the securities of Chinese entities on exchanges in the United States assists in-- (A) meeting the strategic goals of that Government, including defense, surveillance, and intelligence goals; and (B) the fusion of the civilian and military components of that Government. (b) Submission to Congress.--The Director of the Office of Commercial and Economic Analysis of the Air Force shall submit to Congress a report-- (1) setting forth the results of the analysis conducted under subsection (a); and (2) based on that analysis, making recommendations for best practices to mitigate any national security and economic risks to the United States relating to the financial ambitions of the Government of the People's Republic of China. <all>

American Financial Markets Integrity and Security Act

To prohibit the trading of the securities of certain Communist Chinese military companies on a national securities exchange, and for other purposes.

American Financial Markets Integrity and Security Act

Rep. Gallagher, Mike

R

WI

S.2052

Armed Forces and National Security

Facial Recognition and Biometric Technology Moratorium Act of 2021 This bill imposes limits on the use of biometric surveillance systems, such as facial recognition systems, by federal and state government entities. A federal agency or official may not in an official capacity acquire, possess, or use in the United States any such system or information obtained by such a system unless Congress passes an act that specifically authorizes such a use. Such an act of Congress must contain certain provisions, such as provisions naming the specific authorized entity and auditing requirements relating to the system. Information obtained in violation of this bill shall not be admissible by the federal government in any proceeding or investigation, except in a proceeding alleging a violation of this bill. An individual aggrieved by a violation of these restrictions shall have the right to sue. Any state officer authorized to sue on behalf of the state's residents shall also have the right to sue on behalf of the state's aggrieved residents. A state or local government unit shall not receive certain federal law enforcement grants unless the government unit complies with a law or policy that is substantially similar to this bill's restrictions on acquiring and using biometric surveillance systems.

To prohibit biometric surveillance by the Federal Government without explicit statutory authorization and to withhold certain Federal public safety grants from State and local governments that engage in biometric surveillance. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Facial Recognition and Biometric Technology Moratorium Act of 2021''. SEC. 2. DEFINITIONS. In this Act: (1) Biometric surveillance system.--The term ``biometric surveillance system'' means any computer software that performs facial recognition or other remote biometric recognition in real time or on a recording or photograph. (2) Byrne grant program.--The term ``Byrne grant program'' means the grant program authorized under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.), whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise. (3) Facial recognition.--The term ``facial recognition'' means an automated or semi-automated process that-- (A) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the physical characteristics of the individual's face; or (B) logs characteristics of an individual's face, head, or body to infer emotion, associations, activities, or the location of an individual. (4) Federal official.--The term ``Federal official'' means any officer, employee, agent, contractor, or subcontractor of the Federal Government. (5) In the united states.--The term ``in the United States'' means all areas within the external boundary of the United States, its territories and possessions, including airports, ports of entry, and border zones. (6) Other remote biometric recognition.--The term ``other remote biometric recognition''-- (A) means an automated or semi-automated process that-- (i) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the characteristics of the individual's gait or other immutable characteristic ascertained from a distance; (ii) uses voice recognition technology; or (iii) logs such characteristics to infer emotion, associations, activities, or the location of an individual; and (B) does not include identification based on fingerprints or palm prints. (7) Voice recognition technology.--The term ``voice recognition technology'' means the automated or semi-automated process that assists in identifying or verifying an individual based on the characteristics of an individual's voice. SEC. 3. PROHIBITION ON FEDERAL GOVERNMENT USE OF BIOMETRIC SURVEILLANCE. (a) In General.--Except as provided in subsection (b), it shall be unlawful for any Federal agency or Federal official, in an official capacity, to acquire, possess, access, or use in the United States-- (1) any biometric surveillance system; or (2) information derived from a biometric surveillance system operated by another entity. (b) Exception.--The prohibition set forth in subsection (a) does not apply to activities explicitly authorized by an Act of Congress that describes, with particularity-- (1) the entities permitted to use the biometric surveillance system, the specific type of biometric authorized, the purposes for such use, and any prohibited uses; (2) standards for use and management of information derived from the biometric surveillance system, including data retention, sharing, access, and audit trails; (3) auditing requirements to ensure the accuracy of biometric surveillance system technologies, standards for minimum accuracy rates, and accuracy rates by gender, skin color, and age; (4) rigorous protections for due process, privacy, free speech and association, and racial, gender, and religious equity; and (5) mechanisms to ensure compliance with the provisions of the Act. (c) Judicial Investigations and Proceedings.-- (1) Admissibility.--Except in a judicial investigation or proceeding alleging a violation of this section, information obtained in violation of this section is not admissible by the Federal Government in any criminal, civil, administrative, or other investigation or proceeding. (2) Cause of action.-- (A) In general.--A violation of this section constitutes an injury to any individual aggrieved by a violation of this Act. (B) Right to sue.--An individual described in subparagraph (A) may institute proceedings against the Federal Government whose official is alleged to have violated this section for the relief described in subparagraph (D) in any court of competent jurisdiction. (C) Enforcement by state attorneys general.--The chief law enforcement officer of a State, or any other State officer authorized by law to bring actions on behalf of the residents of a State, may bring a civil action, as parens patriae, on behalf of the residents of that State in an appropriate district court of the United States to enforce this Act, whenever the chief law enforcement officer or other State officer has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of this Act. (D) Relief.--In a civil action brought under subparagraph (B) in which the plaintiff prevails, the court may award-- (i) actual damages; (ii) punitive damages; (iii) reasonable attorneys' fees and costs; and (iv) any other relief, including injunctive relief, that the court determines to be appropriate. (d) Civil Penalties.--Any Federal official who is found to have violated this section may be subject to retraining, suspension, termination, or any other penalty, as determined in an appropriate tribunal, subject to applicable due process requirements. (e) Federal Funding.-- (1) In general.--No Federal funds may be obligated or expended by a Federal law enforcement agency for the purchase or use of a biometric surveillance system. (2) Unallocated funds.--No Federal agency may use any unallocated funds appropriated to the agency for the purchase or use of a biometric surveillance system. (f) Rules of Construction.--Nothing in this section may be construed-- (1) to prohibit the National Institute of Standards and Technology (NIST) from testing or researching biometric surveillance systems or other remote biometric recognition technologies in commercial use; or (2) to preempt or supersede any Federal, State, or local law that imposes a more stringent limitation than the limitations described in this section. SEC. 4. MORATORIUM ON STATE AND LOCAL GOVERNMENT USE OF BIOMETRIC SURVEILLANCE SYSTEMS. (a) Federal Financial Assistance.--Beginning on the first day of the first fiscal year beginning after the date of the enactment of this Act, a State or unit of local government is ineligible to receive Federal financial assistance under the Byrne grant program unless the State or unit of local government is complying with a law or policy that is substantially similar to the prohibition set forth in section 3(a). (b) Rule of Construction.--Nothing in this section may be construed to preempt or supersede any Federal, State, or local law that imposes a more stringent limitation than the prohibition set forth in section 3(a). <all>

Facial Recognition and Biometric Technology Moratorium Act of 2021

A bill to prohibit biometric surveillance by the Federal Government without explicit statutory authorization and to withhold certain Federal public safety grants from State and local governments that engage in biometric surveillance.

Facial Recognition and Biometric Technology Moratorium Act of 2021

Sen. Markey, Edward J.

D

MA

H.R.206

Immigration

Paperwork Reduction for Farmers and H-2A Modernization Act This bill expands the H-2A (temporary agricultural worker) visa program to cover additional types of labor, makes various changes to the program, and provides a safe harbor for errors in nonimmigrant worker visa applications in certain instances. The bill makes H-2A visas available to an alien providing temporary labor that falls within the federal government classification categories for (1) grounds maintenance workers; (2) farming, fishing, and forestry occupations; or (3) forest, conservation, and logging workers. The bill authorizes joint employers to file a joint petition for an H-2A alien. The bill allows (1) employers seeking to rehire an H-2A worker to submit a simplified petition, and (2) employers seeking to hire H-2A workers for different time periods during a fiscal year to submit a single petition for such workers. The Department of Labor shall establish an electronic filing and appeals system for H-2A petitions. U.S. Citizenship and Immigration Services (USCIS) shall communicate electronically with an H-2A employer when USCIS requests evidence from the employer, if the employer asks to do so. An employer who uses a third-party service to apply for a nonimmigrant worker visa shall not be civilly or criminally liable for errors in the application if the employer reasonably believed that the application was accurate and complied with statutory requirements.

To streamline the application process for H-2A employers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Paperwork Reduction for Farmers and H-2A Modernization Act''. SEC. 2. H-2A PROGRAM UPDATES. (a) In General.--Section 101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) is amended-- (1) by striking ``an alien (i)(b) subject to'' and inserting the following: ``an alien-- ``(i)(b) subject to''; (2) by striking ``or (ii)(a)'' and all that follows through ``seasonal nature,'' and inserting the following: ``(ii)(a) who has a residence in a foreign country that the alien has no intention of abandoning and is coming temporarily to the United States to perform agricultural labor or services (as defined by the Secretary of Labor, by regulation), of a temporary or seasonal nature, including agricultural labor (as defined in section 3121(g) of the Internal Revenue Act of 1986), agriculture (as defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f))), the pressing of apples for cider on a farm, fish cutting and trimming, including labor or services relating to landscaping and groundskeeping, forestry- and conservation-related services, services relating primarily to the cultivation, installation, and establishment of horticultural commodities (without regard to commodity source or location), labor as a year-round equine worker, labor as a year-round livestock worker (including as a dairy, cattle, or poultry worker), labor in aquaculture, and the processing of wild seafood, and all other labor that falls within Standard Occupational Classification Code 37-3000 (Grounds Maintenance Workers), 45-0000 (Farming, Fishing, and Forestry Occupations), or 45- 4000 (Forest, Conservation, and Logging Workers);''; and (3) by striking ``(iii) having a residence in a foreign country which he has no intention of abandoning who'' and inserting the following: ``(iii) who has a residence in a foreign country that the alien has no intention of abandoning and''. (b) Joint Application; Deficiency Remedy.--Section 214(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(1)) is amended-- (1) by inserting ``(A)'' after ``(1)''; and (2) by adding at the end the following: ``(B) Multiple employers may submit a joint petition under subparagraph (A) to import aliens as nonimmigrants described in section 101(a)(15)(H)(ii)(a). Upon the approval of such petition, each joint employer shall be subject to the provisions under section 218 with respect to each alien listed in such petition. If any individual party to such a joint contract violates any condition for approval with respect to the application or provisions under section 218 with respect to each alien listed in such petition, after notice and opportunity for a hearing, the contract may be modified to remove the party in violation from the contract at no penalty to the remaining parties. ``(C) If a petition to import aliens as nonimmigrants described in section 101(a)(15)(H)(ii)(a) is denied or if the issuance of visas requested through such petition is delayed due to a problem with the petition, the Director of U.S. Citizenship and Immigration Services shall promptly notify the petitioner of the reasons for such denial or delay and provide the petitioner with reasonable time to remedy the problem.''. (c) Labor Certification; Staggered Employment Dates.--Section 218(h) of the Immigration and Nationality Act (8 U.S.C. 1188(h)), as amended by section 3(b), is further amended by adding at the end the following: ``(4) An employer that is seeking to rehire aliens as H-2A workers who previously worked for the employer as H-2A workers may submit a simplified petition, to be developed by the Director of U.S. Citizenship and Immigration Services, in consultation with the Secretary of Labor, which shall include a certification that the employer maintains compliance with all applicable requirements with respect to the employment of such aliens. Such petitions shall be approved upon completion of applicable security screenings. ``(5) An employer that is seeking to hire aliens as H-2A workers during different time periods in a given fiscal year may submit a single petition to U.S. Citizenship and Immigration Services that details the time period during which each such alien is expected to be employed. ``(6) Upon receiving notification from an employer that the employer's H-2A worker has prematurely abandoned employment or has failed to appear for employment and such employer wishes to replace such worker-- ``(A) the Secretary of State shall promptly issue a visa under section 101(a)(15)(H)(ii)(a) to an eligible alien designated by the employer to replace that worker; and ``(B) the Secretary of Homeland Security shall promptly admit such alien into the United States upon completion of applicable security screenings.''. SEC. 3. ELECTRONIC FILING AND APPEALS SYSTEM FOR H-2A PETITIONS. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor shall establish a process for filing petitions for nonimmigrant visas under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) that ensures that-- (1) petitioners may file such petitions through the Department of Labor's website; (2) any software developed to process such petitions indicates to the petitioner any technical deficiency in the application before submission; and (3) any petitioner may file such petition in a paper format if such petitioner prefers such format. (b) Request for Evidence.--Section 218(h) of the Immigration and Nationality Act (8 U.S.C. 1188(h)) is amended by adding at the end the following: ``(3) If U.S. Citizenship and Immigration Services issues a Request for Evidence to an employer-- ``(A) the employer may request such Request for Evidence to be delivered in an online format; and ``(B) if the employer makes the request described in subparagraph (A)-- ``(i) the Request for Evidence shall be provided to the employer in an online format; and ``(ii) not later than 10 business days after the employer submits the requested evidence online, U.S. Citizenship and Immigration Services shall provide an online response to the employer-- ``(I) indicating that the submitted evidence is sufficient; or ``(II) explaining the reasons that such evidence is not sufficient and providing the employer with an opportunity to address any such deficiency.''. SEC. 4. SAFE HARBOR FROM PENALTIES FOR DOCUMENT FRAUD. Section 274C of the Immigration and Nationality Act (8 U.S.C. 1324c) is amended-- (1) by redesignating subsection (c) as subsection (g) and moving such subsection so that it appears immediately following subsection (f); and (2) by inserting after subsection (b) the following: ``(c) Safe Harbor.--Any employer who uses a third-party preparer to file an application for nonimmigrant visas for workers the employer intends to hire shall not be subject to civil or criminal penalties under this section for errors or omissions on such application if the employer reasonably believed that the application was accurate and in compliance with all applicable statutory requirements.''. <all>

Paperwork Reduction for Farmers and H–2A Modernization Act

To streamline the application process for H-2A employers, and for other purposes.

Paperwork Reduction for Farmers and H–2A Modernization Act

Rep. Kelly, Trent

R

MS

H.R.6199

Public Lands and Natural Resources

Ste. Genevieve National Historical Park Boundary Revision Act This bill revises the boundary of the Ste. Genevieve National Historical Park in Missouri. The Department of the Interior may acquire, by donation, the land (including any improvements to the land) owned by the city of Ste. Genevieve, Missouri, and used as the visitor center for the park, as generally identified on the revised map of the park. Upon acquisition of such land, Interior shall revise the boundary of the park to include the acquired land.

To revise the boundary of the Ste. Genevieve National Historical Park in the State of Missouri, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ste. Genevieve National Historical Park Boundary Revision Act''. SEC. 2. STE. GENEVIEVE NATIONAL HISTORICAL PARK BOUNDARY REVISION. (a) Map.--Section 7134(a)(3) of appendix C of the Consolidated Appropriations Act, 2018 (16 U.S.C. 410xxx(a)(3)), is amended by striking ``numbered 571/149,942, and dated December 2018'' and inserting ``numbered 571/177,464, and dated September 2021''. (b) Authority To Correct Errors in Map.--Section 7134(d) of appendix C of the Consolidated Appropriations Act, 2018 (16 U.S.C. 410xxx(d)), is amended-- (1) by striking ``The Map'' and inserting the following: ``(1) In general.--The Map''; and (2) by adding at the end the following: ``(2) Authority to correct errors.--The Secretary may correct any clerical or typographical errors in the Map.''. (c) Visitor Center.--Section 7134(e) of appendix C of the Consolidated Appropriations Act, 2018 (16 U.S.C. 410xxx(e)), is amended by adding at the end the following: ``(3) Visitor center.--The Secretary-- ``(A) may acquire, by donation, the land (including any improvements to the land) owned by the city of Ste. Genevieve, Missouri, and used as the visitor center for the Historical Park, as generally depicted on the Map as `Proposed Boundary Addition'; and ``(B) on acquisition of the land described in subparagraph (A), shall revise the boundary of the Historical Park to include the acquired land.''. Union Calendar No. 420 117th CONGRESS 2d Session H. R. 6199 [Report No. 117-579] _______________________________________________________________________

Ste. Genevieve National Historical Park Boundary Revision Act

To revise the boundary of the Ste. Genevieve National Historical Park in the State of Missouri, and for other purposes.

Ste. Genevieve National Historical Park Boundary Revision Act Ste. Genevieve National Historical Park Boundary Revision Act

Rep. Smith, Jason

R

MO

S.1026

Labor and Employment

American Apprenticeship Act This bill authorizes the Department of Labor to make grants to assist states in carrying out projects that defray the cost of instruction associated with pre-apprenticeship and qualified apprenticeship programs. Labor shall (1) establish performance measures and an evaluation system for such grant program; and (2) identify in-demand occupations that lack the use of qualified apprenticeship programs, analyze the use of such program model in those occupations, and report on such analysis to states and Congress.

To assist States in, and pay for the Federal share of the cost of, defraying the cost of pre-apprenticeships or related instruction associated with qualified apprenticeship programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``American Apprenticeship Act''. SEC. 2. PRE-APPRENTICESHIP AND QUALIFIED APPRENTICESHIP PROGRAMS. (a) Definitions.--In this Act: (1) Qualified apprenticeship.--The term ``qualified apprenticeship'', used with respect to a program, means an apprenticeship program that is-- (A) 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.); and (B) concentrated in an industry sector or occupation that represents less than 10 percent of apprenticeable occupations or of the programs under the national apprenticeship system. (2) Postsecondary educational institution.--The term ``postsecondary educational institution'' means an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (3) Pre-apprenticeship.--The term ``pre-apprenticeship'', used with respect to a program, means an initiative or set of strategies that-- (A) is designed to prepare individuals to enter and succeed in a qualified apprenticeship program; (B) is carried out by a sponsor described in paragraph (6)(B) that has a documented partnership with one or more sponsors of qualified apprenticeship programs; and (C) includes each of the following: (i) Training (including a curriculum for the training), aligned with industry standards related to apprenticeships in a qualified apprenticeship program, and reviewed and approved annually by sponsors of such apprenticeships within the documented partnership, that will prepare individuals by teaching the skills and competencies needed to enter one or more qualified apprenticeship programs. (ii) Provision of hands-on training and theoretical education to individuals that-- (I) is carried out in a manner that includes proper observation of supervision and safety protocols; and (II) is carried out in a manner that does not displace a paid employee. (iii) A formal agreement with a sponsor of a qualified apprenticeship program that would enable participants who successfully complete the pre-apprenticeship program to enter directly into the qualified apprenticeship program (if a place in the program is available and if the participant meets the qualifications of the qualified apprenticeship program), and includes agreements concerning earning credit recognized by a postsecondary educational institution for skills and competencies acquired during the pre-apprenticeship program. (4) Related instruction.--The term ``related instruction'' means an organized and systematic form of classroom or web- based instruction designed to provide an apprentice with the knowledge of the theoretical and technical subjects related to the occupation of the apprentice or the instruction needed to prepare an individual to enter and succeed in an qualified apprenticeship program. (5) Secretary.--The term ``Secretary'' means the Secretary of Labor. (6) Sponsor.--The term ``sponsor'' means-- (A) with respect to a qualified apprenticeship program, an employer, joint labor-management partnership, trade association, professional association, labor organization, or other entity, that administers the qualified apprenticeship program; and (B) with respect to a pre-apprenticeship program, a local educational agency, a secondary school, an area career and technical education school, a State board, a local board, a joint labor-management committee, a labor organization, or a community-based organization, with responsibility for the pre-apprenticeship program. (7) Workforce innovation and opportunity act definitions.-- The terms ``area career and technical education school'', ``community-based organization'', ``individual with a barrier to employment'', ``local board'', ``local educational agency'', ``secondary school'', and ``State board'' have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (b) Grants for Tuition Assistance.-- (1) In general.--The Secretary may make grants to States on a competitive basis to assist the States in, and pay for the Federal share of the cost of, defraying the cost of a pre- apprenticeship, or the cost of related instruction, associated with a qualified apprenticeship program. (2) Application.--To be eligible to receive a grant under this subsection, a State shall submit an application to the Secretary for such a project at such time, in such manner, and containing a strategic plan that contains such information as the Secretary may require, including-- (A) information identifying the State agency (referred to in this Act as the ``State entity'') that will administer the grant as determined by the Governor of the State; (B) a description of strategies that the State entity will use to collaborate with key industry representatives, State agencies, postsecondary educational institutions, labor-management entities, and other relevant partners to launch or expand pre- apprenticeships for and apprenticeships in qualified apprenticeship programs; (C) a description of how the State entity will-- (i) coordinate activities carried out under this subsection with activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) and the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) to support pre- apprenticeships for and apprenticeships in qualified apprenticeship programs; (ii) leverage funds provided under the Acts specified in clause (i) to support pre- apprenticeships for and apprenticeships in qualified apprenticeship programs; and (iii) utilize, and encourage individual participants in programs supported under this subsection to utilize, available Federal and State financial assistance, including assistance available under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), education assistance benefits available to veterans, and Federal Pell Grants available under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a), prior to using assistance made available under this Act; (D) a description of strategies to elevate apprenticeships in qualified apprenticeship programs as a workforce solution in nontraditional industries, such as information technology, health care, advanced manufacturing, transportation, and other industries determined to be high-demand by the State board for the State; (E) a description of activities that the State entity will carry out to build awareness about the economic potential of apprenticeships in qualified apprenticeship programs; (F) a description that outlines how the State entity will increase opportunities for pre- apprenticeships for and apprenticeships in qualified apprenticeship programs, among members of minority groups, youth, individuals with disabilities, veterans, and individuals with barriers to employment; (G) a description of-- (i) how the State entity will ensure that the qualified apprenticeship program meets certain performance measures and quality standards, including that the qualified apprenticeship program has been in existence for not fewer than 6 months prior to the application date; (ii) the targeted outreach strategies that the State entity will use for populations previously underserved through apprenticeships; and (iii) any State performance measures that the State will use, at the election of the State, to measure the effectiveness of the project; and (H) in the case of a State that has already received a grant under this subsection for a project, information indicating that the State met the performance measures with respect to the project. (3) Application review process.--A joint team of employees from the Department of Labor and the Department of Education shall-- (A) review such an application; and (B) make recommendations to the Secretary regarding approval of the application. (4) Use of funds.--A State that receives a grant under this subsection shall use the funds made available through the grant to defray any of the following costs of related instruction: (A) Tuition and fees. (B) Cost of textbooks, equipment, curriculum development, and other required educational materials. (C) Costs of any other item or service determined by the State to be necessary. (5) Administrative costs.--The State may use not more than 10 percent of the grant funds for administrative costs relating to carrying out the project described in paragraph (1). (6) Performance and evaluation.--The Secretary, after consultation with the Secretary of Education, shall-- (A) establish performance measures based on indicators set by the Administrator of the Office of Apprenticeship of the Department of Labor; and (B) establish an evaluation system aligned with the performance measures, and reporting requirements for the program carried out under this subsection. (c) Federal Share.-- (1) In general.--The Federal share of the cost described in subsection (b)(1) shall be not less than 20 percent and not more than 50 percent. (2) Non-federal share.--The State may make the non-Federal share available-- (A) in cash or in kind, fairly evaluated, including plant, equipment, or services; and (B) directly or through donations from public or private entities. (d) Report.--The Secretary shall prepare and submit to Congress, not later than September 30, 2026, a report-- (1) detailing the results of the evaluation described in subsection (b)(6)(B); and (2) analyzing the extent to which States have used grant funds effectively under this section. (e) Policy of the United States.--It is the policy of the United States that funds made available under this section should be used to supplement and not supplant other funds available under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) and other Federal and State funds available to the State to support workforce development programs. SEC. 3. IDENTIFYING IN-DEMAND OCCUPATIONS. The Secretary shall-- (1) identify in-demand occupations nationally and regionally that lack the use of apprenticeships in qualified apprenticeship programs; (2) analyze the use of the qualified apprenticeship program model in those identified in-demand occupations; and (3) prepare and submit to States and Congress a report that contains the analysis described in paragraph (2). SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $15,000,000 for each of fiscal years 2022 through 2027. <all>

American Apprenticeship Act

A bill to assist States in, and pay for the Federal share of the cost of, defraying the cost of pre-apprenticeships or related instruction associated with qualified apprenticeship programs, and for other purposes.

American Apprenticeship Act

Sen. Klobuchar, Amy

D

MN

H.R.510

Transportation and Public Works

Support Local Transportation Act This bill revises requirements for the surface transportation block grant program to increase the percentages of program funds required to be allocated to states for each of  FY2022-FY2026 for surface transportation projects in

To amend title 23, United States Code, to modify the percentages of funds to be allocated to certain urbanized areas under the surface transportation block grant program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Support Local Transportation Act''. SEC. 2. SURFACE TRANSPORTATION BLOCK GRANT PROGRAM. Section 133(d)(6) of title 23, United States Code, is amended by striking subparagraphs (A) through (E) and inserting the following: ``(A) for fiscal year 2022, 61 percent; ``(B) for fiscal year 2023, 62 percent; ``(C) for fiscal year 2024, 63 percent; ``(D) for fiscal year 2025, 64 percent; and ``(E) for fiscal year 2026, 65 percent.''. <all>

Support Local Transportation Act

To amend title 23, United States Code, to modify the percentages of funds to be allocated to certain urbanized areas under the surface transportation block grant program.

Support Local Transportation Act

Rep. Brownley, Julia

D

CA

S.5065

Education

Protect Student Borrowers Act of 2022 This bill requires institutions of higher education (IHEs) participating in the William D. Ford Federal Direct Loan program to accept specified risk-sharing requirements for defaulted student loans, which shall include requiring certain IHEs to make payments to address the risk of such defaults. The bill also establishes in the Treasury a separate account for the deposit of such risk-sharing payments.

To provide for institutional risk-sharing in the Federal student loan programs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Student Borrowers Act of 2022''. SEC. 2. PURPOSE. The purpose of this Act is to protect student loan borrowers and taxpayers by requiring institutions of higher education to assume some of the costs of default for student loans under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.). SEC. 3. INSTITUTIONAL REBATES TO THE DEPARTMENT OF EDUCATION FOR DEFAULTED LOANS. Section 454 of the Higher Education Act of 1964 (20 U.S.C. 1087d) is amended-- (1) in subsection (a)-- (A) in paragraph (5), by striking ``and'' after the semicolon; (B) in paragraph (6), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(7) provide that the institution accepts the institutional risk-sharing requirements under subsection (d), if applicable.''; and (2) by adding at the end the following: ``(d) Institutional Risk-Sharing for Student Loan Defaults.-- ``(1) In general.--Subject to paragraph (3), each institution of higher education participating in the direct student loan program under this part for a fiscal year that has a rate of participation in such program for all students enrolled at that institution for such fiscal year that is 33 percent or higher or a cohort repayment rate of 50 percent or lower shall remit, at such times as the Secretary may specify, a risk-sharing payment based on a percentage of the volume of student loans under this part that are in default, as determined under paragraph (2). ``(2) Determination of risk-sharing payments.--Subject to paragraph (3), with respect to each fiscal year, an institution of higher education described in paragraph (1) that has a cohort default rate (as defined in section 435(m))-- ``(A) that is 20 percent or higher for the most recent fiscal year for which data are available, shall pay to the Secretary for the fiscal year an amount that is equal to 20 percent of the total amount owed on loans by borrowers from the covered cohort that are in default; ``(B) that is lower than 20 percent but not lower than 15 percent for the most recent fiscal year for which data are available, shall pay to the Secretary for the fiscal year an amount that is equal to 15 percent of the total amount owed on loans by borrowers from the covered cohort that are in default; ``(C) that is lower than 15 percent but not lower than 10 percent for the most recent fiscal year for which data are available, shall pay to the Secretary for the fiscal year an amount that is equal to 10 percent of the total amount owed on loans by borrowers from the covered cohort that are in default; or ``(D) that is lower than 10 percent but not lower than 5 percent for the most recent fiscal year for which data are available, shall pay to the Secretary for the fiscal year an amount that is equal to 5 percent of the total amount owed on loans by borrowers from the covered cohort that are in default. ``(3) Waiver and reduced risk-sharing payments.-- ``(A) Waiver.--The Secretary shall waive the risk- sharing payments described in paragraph (1) for an institution described in paragraph (2)(D) that meets the requirements of this paragraph. ``(B) Reduced risk-sharing payments.--If an institution has in place a student loan management plan described in subparagraph (D) that is approved by the Secretary, the Secretary shall reduce the total annual amount of risk-sharing payments as follows: ``(i) With respect to an institution with a cohort default rate described in paragraph (2)(A), the risk-sharing payment shall be in an amount that is equal to 15 percent of the total amount owed on loans by borrowers from the covered cohort that are in default. ``(ii) With respect to an institution with a cohort default rate described in paragraph (2)(B), the risk-sharing payment shall be in an amount that is equal to 10 percent of the total amount owed on loans by borrowers from the covered cohort that are in default. ``(iii) With respect to an institution with a cohort default rate described in paragraph (2)(C), the risk-sharing payment shall be in an amount that is equal to 5 percent of the total amount owed on loans by borrowers from the covered cohort that are in default. ``(C) Continuation of waiver or reduced payments.-- An institution that receives a waiver under subparagraph (A) or a reduced risk-sharing payment under subparagraph (B) may receive a waiver or reduced payment for a subsequent fiscal year only if the Secretary determines that the institution is making satisfactory progress in carrying out the student loan management plan described in subparagraph (D), including evidence of the effectiveness of the individualized financial aid counseling for students. ``(D) Student loan management plan.--An institution that seeks a waiver or reduction of its risk-sharing payment, shall develop and carry out a student loan management plan that shall include an analysis of the risk factors correlated with higher student loan defaults that are present at the institution and actions that the institution will take to address such factors. Such plan shall include individualized financial aid counseling for students and strategies to minimize student loan default and delinquency. ``(E) Waiver or reduction for certain institutions.--In addition to the other risk-sharing payment waivers and reductions described in this paragraph, the Secretary may waive or reduce risk- sharing payments if-- ``(i) an institution is eligible under-- ``(I) part A or part B of title III; or ``(II) title V; and ``(ii) the Secretary determines that-- ``(I) the institution is making satisfactory progress in carrying out the institution's student loan management plan described under subparagraph (D); and ``(II) granting a waiver or reduction of risk-sharing payments would be in the best financial interest of students at the institution. ``(4) Prohibition.--An institution of higher education shall not deny admission or financial aid to a student who otherwise meets the admission requirements of the institution based on such student having a risk factor associated with higher student loan default rates, such as those described in section 456(c)(1)(C). ``(5) Fund for the deposit of risk-sharing payments.-- ``(A) In general.--There is established in the Treasury of the United States a separate account for the deposit of risk-sharing payments collected under this subsection for the purpose of reducing student loan debt, delinquency, and default. The Secretary shall deposit any payments collected pursuant to this subsection into such fund. ``(B) Use of funds.--Of the amounts in the fund described in subparagraph (A), for each fiscal year-- ``(i) not more than 50 percent of such amounts shall be made available to the Secretary to enter into contracts or cooperative agreements for delinquency and default prevention or rehabilitation under section 456(c); and ``(ii) the Secretary shall reserve the remainder of such amounts for a Supplemental Federal Grant fund that shall be used to award grants to students-- ``(I) who are eligible for a Federal Pell Grant; and ``(II) who attend an institution-- ``(aa) that participates in the direct student loan program under this part; ``(bb) in which not less than 33 percent of the students enrolled at the institution have received a Federal Pell Grant; and ``(cc) that is not subject to the risk-sharing payments under this subsection. ``(C) Supplemental federal grant.--Eligibility for a Federal Pell Grant, including the duration of eligibility and the amount of a Federal Pell Grant, shall not be affected by receipt of a Supplemental Federal Grant. ``(6) Applicability.--The Secretary shall carry out this subsection beginning with the cohort default rate for the 2024 cohort and the repayment rate for the 2024 cohort. The 2024 cohort shall include current and former students who enter repayment in fiscal year 2024. ``(7) Report to congress.--The Secretary shall report on an annual basis to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives the following information: ``(A) A list of institutions that have been subject to risk-sharing payments in the previous year. ``(B) The required risk-sharing payment from such institutions. ``(C) The amount of risk-sharing payments collected from such institutions. ``(D) A list of the institutions that have received waivers from the risk-sharing payment and the reason for such waiver. ``(E) A list of the institutions that have received reductions in the required risk-sharing payment. ``(F) The use of funds deposited from risk-sharing payments, including-- ``(i) the amount reserved for contracts or cooperative agreements for delinquency and default prevention or rehabilitation; ``(ii) a list of contracts or cooperative agreements entered into for delinquency and default prevention or rehabilitation; ``(iii) information on the performance of such contracts or cooperative agreements; ``(iv) the amount reserved for the Federal Pell Grant program; and ``(v) a list of institutions for which students in attendance at the institution are eligible for the increased maximum Federal Pell Grant under paragraph (5)(B)(ii) and the amount of such increase. ``(8) Definitions.--In this subsection: ``(A) Covered cohort.--In this paragraph, the term `covered cohort' means the cohort with respect to which the cohort default rate was calculated. ``(B) Repayment rate.--The term `repayment rate' means, for any fiscal year, the percentage of student and parent borrowers who have Federal student loans for attendance at the institution who entered repayment on those loans in the second preceding fiscal year who have paid at least $1 of the principle balance of the borrower's Federal student loans received for attendance at the institution within 3 years of entering repayment. In the case of a loan for a student who has attended and borrowed at more than one institution, the borrower (and such borrower's subsequent repayment or default) is attributed to each institution for attendance at which the borrower received a loan that entered repayment in the fiscal year.''. SEC. 4. CONTRACTS AND COOPERATIVE AGREEMENTS. Section 456 of the Higher Education Act of 1965 (20 U.S.C. 1087f) is amended by adding at the end the following: ``(c) Contracts and Cooperative Agreements for Delinquency and Default Prevention and for Default Rehabilitation.--The Secretary may enter into contracts or cooperative agreements for-- ``(1) statewide or institutionally based programs for the prevention of Federal student loan delinquency and default at institutions of higher education that-- ``(A) have a high cohort default rate as defined under section 435(m); ``(B) have a low repayment rate (as defined in section 454(d)); or ``(C) serve large numbers or percentages of student loan borrowers who have a risk factor associated with higher default rates on Federal student loans under this title, such as coming from a low-income family, being a first generation postsecondary education student, not having a secondary school diploma, or having previously defaulted on, and rehabilitated, a loan made under this title; and ``(2) increasing the number of borrowers who successfully repay their loans.''. SEC. 5. FINANCIAL RESPONSIBILITY. Section 498(c)(1) of the Higher Education Act of 1965 (20 U.S.C. 1099c(c)(1)) is amended by striking subparagraph (C) and inserting the following: ``(C) to meet all of its financial obligations, including institutional risk-sharing payments, refunds of institutional charges, and repayments to the Secretary for liabilities and debts incurred in programs administered by the Secretary.''. SEC. 6. COHORT DEFAULT RATE, REPAYMENT RATE, AND OTHER AMENDMENTS. (a) Requirements for Disbursement of Student Loans.--Section 428G of the Higher Education Act of 1965 (20 U.S.C. 1078-7) is amended-- (1) in subsection (a), by striking paragraph (4) and inserting the following: ``(4) Amendments to the special rule.-- ``(A) Prior to fiscal year 2024.--Beginning on October 1, 2011, and ending on September 30, 2023, the special rule under paragraph (3) shall be applied by substituting `15 percent' for `10 percent'. ``(B) Beginning for fiscal year 2024.--Beginning on October 1, 2023, the special rule under paragraph (3) shall be applied by substituting `5 percent' for `10 percent'.''; and (2) in subsection (b), by striking paragraph (3) and inserting the following: ``(3) Amendment to cohort default rate exemption.-- ``(A) Prior to fiscal year 2024.--Beginning on October 1, 2011, and ending on September 30, 2023, the exemption to the requirements of paragraph (1) in the second sentence of such paragraph shall be applied by substituting `15 percent' for `10 percent'. ``(B) Beginning for fiscal year 2024.--Beginning on October 1, 2023, the exemption to the requirements of paragraph (1) in the second sentence of such paragraph shall be applied by substituting `5 percent' for `10 percent'.''. (b) Default Management Plan for Program Participation Agreements.-- Section 487(a)(14)(C) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(14)(C)) is amended by striking ``10 percent'' and inserting ``5 percent'' each place the term appears. (c) Program Review and Data.--Section 498A(a)(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 1099c-1(a)(2)(A)) is amended by striking ``in excess of 25 percent'' and inserting ``in excess of 20 percent''. (d) Definitions for Student Loan Insurance Program.--Section 435 of the Higher Education Act of 1965 (20 U.S.C. 1085) is amended-- (1) in subsection (a)(2)(B)-- (A) in clause (iii), by striking ``and'' after the semicolon; (B) in clause (iv), by striking ``and any succeeding fiscal year.'' and inserting ``through fiscal year 2023; and''; and (C) by adding at the end the following: ``(v) 20 percent for fiscal year 2024 and any succeeding fiscal year.''; and (2) in subsection (m)(1)-- (A) in subparagraph (A), in the first sentence, by inserting ``and beginning for the cohort that enters repayment in 2024, including borrowers who enter repayment on Federal Direct PLUS Loans (including for student and parent borrowers) received for attendance at the institution'' after ``loans under section 428, 428A, or 428H, received for attendance at the institution,''; and (B) by adding at the end the following: ``(D) Beginning for the cohort that enters repayment in 2024, references in this subsection to a student or former student shall be considered to include a parent who is a borrower of a Federal Direct PLUS Loan.''. <all>

Protect Student Borrowers Act of 2022

A bill to provide for institutional risk-sharing in the Federal student loan programs.

Protect Student Borrowers Act of 2022

Sen. Reed, Jack

D

RI

S.4709

Agriculture and Food

Expanding Local Meat Processing Act of 2022 This bill directs the Department of Agriculture to revise its regulations to allow certain packers to hold an ownership interest in, finance, or participate in the management or operation of a market agency selling livestock on a commission basis. The bill applies to packers that have a cumulative slaughter capacity of (1) less than 2,000 animal per day or 700,000 animals per year with respect to cattle or sheep, and (2) less than 10,000 animals per day or 3 million animals per year with respect to hogs.

To direct the Secretary of Agriculture to amend regulations to allow for certain packers to have an interest in market agencies, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Expanding Local Meat Processing Act of 2022''. SEC. 2. ALLOWED INTEREST OF CERTAIN PACKERS IN MARKET AGENCIES. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall revise section 201.67 of title 9, Code of Federal Regulations (as in effect on the date of enactment of this Act), to exempt the packers described in subsection (b) from the prohibition described in that section. (b) Packers Described.--A packer referred to in subsection (a) is a packer that-- (1) with respect to cattle or sheep, has a cumulative slaughter capacity of less than-- (A) 2,000 animals per day; or (B) 700,000 animals per year; and (2) with respect to hogs, has a cumulative slaughter capacity of less than-- (A) 10,000 animals per day; or (B) 3,000,000 animals per year. <all>

Expanding Local Meat Processing Act of 2022

A bill to direct the Secretary of Agriculture to amend regulations to allow for certain packers to have an interest in market agencies, and for other purposes.

Expanding Local Meat Processing Act of 2022

Sen. Lujan, Ben Ray

D

NM

H.R.6611

Public Lands and Natural Resources

This bill authorizes the government of France to establish a commemorative work on federal land in the District of Columbia to honor the contributions of Jean Monnet in restoring peace between European nations and establishing the European Union. Such government shall be responsible for the acceptance of contributions for, and the payment of the expenses of, the establishment and maintenance of the commemorative work. Federal funds may not be used to pay any expense for the establishment of the commemorative work. The commemorative work shall be established in accordance with the Commemorative Works Act, with exceptions.

To authorize the Government of France to establish a commemorative work in the District of Columbia and its environs to honor the extraordinary contributions of Jean Monnet to restoring peace between European nations and establishing the European Union, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK. (a) Definitions.--In this section: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Sponsor.--The term ``Sponsor'' means the Government of France. (b) Authorization.-- (1) In general.--The Sponsor may establish a commemorative work on Federal land in the District of Columbia and its environs to honor the extraordinary contributions of Jean Monnet with respect to-- (A) restoring peace between European nations; and (B) establishing the European Union. (2) Compliance with standards for commemorative works.--The establishment of the commemorative work under this section shall be in accordance with chapter 89 of title 40, United States Code (commonly known as the ``Commemorative Works Act''), except that sections 8902(a)(1) and 8908(b) shall not apply with respect to the commemorative work. (3) Prohibition on the use of federal funds.-- (A) In general.--Federal funds may not be used to pay any expense of the establishment or maintenance of the commemorative work under this section. (B) Acceptance of contributions and payment of expenses.--The Sponsor shall be solely responsible for the acceptance of contributions for, and the payment of the expenses of, the establishment and maintenance of the commemorative work under this section. (4) Deposit of excess funds.-- (A) In general.--If, on payment of all expenses for the establishment of the commemorative work under this section (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the Sponsor shall transmit the amount of the balance to the Secretary for deposit in the account provided for in section 8906(b)(3) of that title. (B) On expiration of authority.--If, on expiration of the authority for the commemorative work under section 8903(e) of title 40, United States Code, there remains a balance of funds received for the establishment of the commemorative work under this section, the Sponsor shall transmit the amount of the balance to a separate account with the National Park Foundation for memorials, to be available to the Secretary or the Administrator of General Services, as appropriate, in accordance with the process provided in paragraph (4) of section 8906(b) of that title for accounts established under paragraph (2) or (3) of that section. (c) 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 Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives December 14, 2022. Attest: CHERYL L. JOHNSON, Clerk. By Kevin F. McCumber, Deputy Clerk.

To authorize the Government of France to establish a commemorative work in the District of Columbia and its environs to honor the extraordinary contributions of Jean Monnet to restoring peace between European nations and establishing the European Union, and for other purposes.

To authorize the Government of France to establish a commemorative work in the District of Columbia and its environs to honor the extraordinary contributions of Jean Monnet to restoring peace between European nations and establishing the European Union, and for other purposes. To authorize the Embassy of France in Washington, DC, to establish a commemorative work in the District of Columbia and its environs to honor the extraordinary contributions of Jean Monnet to restoring peace between European nations and establishing the European Union, and for other purposes.

Official Titles - House of Representatives Official Titles as Amended by House To authorize the Government of France to establish a commemorative work in the District of Columbia and its environs to honor the extraordinary contributions of Jean Monnet to restoring peace between European nations and establishing the European Union, and for other purposes. Official Title as Introduced To authorize the Embassy of France in Washington, DC, to establish a commemorative work in the District of Columbia and its environs to honor the extraordinary contributions of Jean Monnet to restoring peace between European nations and establishing the European Union, and for other purposes.

Rep. Keating, William R.

D

MA

H.R.4265

Health

Eliminating the HHS Discrimination Division Act of 2021 This bill eliminates the Conscience and Religious Freedom Division in the Office of Civil Rights of the Department of Health and Human Services (HHS) and prohibits the use of federal funds to establish or operate a similar entity with respect to HHS programs and activities.

To abolish the Conscience and Religious Freedom Division in the Office of Civil Rights of the Department of Health and Human Services, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Eliminating the HHS Discrimination Division Act of 2021''. SEC. 2. ABOLISHMENT OF CONSCIENCE AND RELIGIOUS FREEDOM DIVISION. (a) In General.--Effective on the date that is 30 days after the date of enactment of this Act, the Conscience and Religious Freedom Division in the Office of Civil Rights of the Department of Health and Human Services is abolished. (b) No Substantially Similar Division.--No Federal funds may be used to establish or operate any substantially similar division, agency, or office with respect to the programs and activities of the Department of Health and Human Services. (c) Transition.--Before the effective date specified in subsection (a), the Secretary of Health and Human Services shall take such actions as may be necessary to transfer the assets, personnel, and liabilities of the Conscience and Religious Freedom Division to other agencies and offices of the Department of Health and Human Services. <all>

Eliminating the HHS Discrimination Division Act of 2021

To abolish the Conscience and Religious Freedom Division in the Office of Civil Rights of the Department of Health and Human Services, and for other purposes.

Eliminating the HHS Discrimination Division Act of 2021

Rep. Hayes, Jahana

D

CT

H.R.3532

Public Lands and Natural Resources

This bill directs the Forest Service to, no less than once every 5 years, complete a wildfire assessment that includes analysis of, among other things, with respect to the previous five years

To require the Secretary of Agriculture to carry out a periodic wildfire assessment, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. WILDFIRE PREPARATION, RESPONSE, AND RECOVERY ASSESSMENT. (a) In General.-- (1) Assessment required.--The Secretary of Agriculture, acting through the Chief of the Forest Service and in consultation with the Secretary of the Interior, shall, not less than once every 5 years, complete a wildfire assessment that includes the analysis described in paragraph (2). (2) Contents of analysis.--The assessment required under paragraph (1), shall, to the maximum extent practicable, with respect to the preceding 5 years, include an analysis of-- (A) the direct costs of wildfire response, preparation, and recovery, including-- (i) wildfire mitigation activities; (ii) wildlife suppression activities; (iii) insured private property losses due to wildfire; (iv) uninsured private property losses due to wildfire; (v) damage due to wildfire and the necessary repairs related to utility infrastructure, including shutoffs; (vi) damage and loss of timber and other agricultural resources due to wildfire; (vii) damage due to wildfire and the necessary restoration of archeological sites; (viii) evacuations and emergency shelters; (ix) labor; (x) human health, including death, injury, and illness; (xi) necessary infrastructure and stabilization repairs; (xii) damage due to wildfire and the necessary rehabilitation of ecosystem services, including watershed impairment, vegetation, and soil impacts; and (xiii) damage due to wildfire and the necessary restoration to wildlife habitat; (B) the indirect costs of wildfire response, preparation, and recovery, including-- (i) diminished tax revenue; (ii) lost business revenue, including supply chain impacts; and (iii) property devaluation and housing market impacts; (C) whether the costs described in subparagraphs (A) and (B) have been or will be paid by-- (i) the Federal government; (ii) State or territory governments; or (iii) county or local governments; (D) a comparison between the analysis under such assessment and the analysis under the preceding assessment (as applicable); and (E) any challenges to ascertaining the costs described in subparagraphs (A), (B), and (C), including unavailable data. (b) Report Required.--Not later than 2 years after the date of the enactment of this section, and once every 5 years thereafter, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall submit to the President, the Committee on Agriculture of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate the most recently completed assessment required under subsection (a)(1). (c) Collaboration.--In carrying out an assessment required under subsection (a)(1), the Secretary of Agriculture may collaborate with relevant Federal agencies, State and local governments, research institutions, utility companies and cooperatives, and non-profit organizations. <all>

To require the Secretary of Agriculture to carry out a periodic wildfire assessment, and for other purposes.

To require the Secretary of Agriculture to carry out a periodic wildfire assessment, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To require the Secretary of Agriculture to carry out a periodic wildfire assessment, and for other purposes.

Rep. O'Halleran, Tom

D

AZ

H.R.9153

Transportation and Public Works

Trucking Workforce Improvement Act This bill repeals the final rule of the Federal Motor Carrier Safety Administration related to minimum training standards for entry-level commercial motor vehicle operators.

To repeal the Federal Motor Carrier Safety Administration's rule titled ``Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Trucking Workforce Improvement Act''. SEC. 2. REPEAL OF RULE. The final rule issued by the Federal Motor Carrier Safety Administration titled ``Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators'' issued on December 8, 2016 (81 Fed. Reg. 88732) shall have no force or effect. <all>

Trucking Workforce Improvement Act

To repeal the Federal Motor Carrier Safety Administration's rule titled "Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators".

Trucking Workforce Improvement Act

Rep. Good, Bob

R

VA

H.R.7019

Agriculture and Food

Rural Prosperity Act of 2022 This bill addresses social, economic, and community well-being and resilience in rural communities. Specifically, the bill establishes, within the Executive Office of the President, the Office of Rural Prosperity to promote and support social and economic prosperity in rural areas. The office, among other duties, must develop (1) a strategy for rural development, and (2) metrics to measure the effectiveness of federal programs on rural areas. Additionally, the bill sets up a council that includes representatives from federal agencies and White House policy offices to ensure collaboration across federal agencies and with other stakeholders concerning the needs of rural areas. The bill also requires the Department of Agriculture to develop, and report on the implementation of, a rural prosperity action plan that addresses structural challenges that affect rural communities.

To establish the Office of Rural Prosperity, and for other purposes. Be it enacted by the Senate 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 Prosperity Act of 2022''. SEC. 2. OFFICE OF RURAL PROSPERITY. (a) In General.--There is established in the Executive Office of the President the Office of Rural Prosperity (referred to in this section as the ``Office''). (b) Purpose.--The purpose of the Office is to address the social, economic, and community well-being and resilience of rural areas in the United States by addressing unique structural challenges experienced by rural communities, including housing, education, healthcare, small business development, and job creation. (c) Chief Rural Advisor.-- (1) In general.--The Office shall be headed by the Chief Rural Advisor, who shall be appointed by the President. (2) Compensation.--The Chief Rural Advisor shall be compensated at the rate provided for level II of the Executive Schedule in section 5313 of title 5, United States Code. (d) Duties.--The Chief Rural Advisor shall-- (1) not later than 1 year after the date of enactment of this Act, develop, and not less frequently than every 3 years thereafter, update, a comprehensive strategy for rural development across the Executive Branch, which shall-- (A) identify the most pressing priorities of the United States to promote rural prosperity in the 10- year period following the date of submission of the report under subsection (f)(2); and (B) describe the policy actions that will be taken by the Federal Government, across Federal agencies and programs, to accelerate and support social and economic prosperity in rural areas; (2) using the metrics developed under subsection (e), develop whole-of-government recommendations to improve the return on investment of Federal resources and engagement relating to the needs of rural areas in the United States; (3) make recommendations to the President on coordinating, streamlining, and leveraging Federal investments in rural areas to increase the impact of Federal dollars to improve economic opportunities and the quality of life in rural areas in the United States; (4) coordinate, and improve community-level outcomes and return on investment of, Federal engagement relating to the needs of rural areas in the United States with stakeholders based in rural communities, including-- (A) agricultural organizations; (B) small businesses; (C) education and training institutions; (D) health care providers; (E) telecommunications services providers; (F) electric service providers; (G) transportation providers; (H) research and land-grant institutions; (I) law enforcement agencies; (J) State, local, and Tribal governments (including a Native village and a Native Corporation, as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)); and (K) nongovernmental organizations; (5) coordinate Federal efforts directed toward the growth and development of rural geographic regions that encompass metropolitan and nonmetropolitan areas; (6) identify and facilitate rural economic opportunities associated with energy transitions, outdoor recreation, and other conservation-related activities; (7) identify common economic and social challenges faced by rural communities that could be overcome through better coordination of existing Federal and non-Federal resources; and (8) convene public hearings (including with the power to call witnesses and request documents from Federal agencies) on the state of rural areas in the United States and the comprehensive strategy for rural development developed under paragraph (1). (e) Metrics.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Chief Rural Advisor shall develop metrics to measure the effect of Federal programs on rural areas in the United States. (2) Requirements.--In developing the metrics under paragraph (1), the Chief Rural Advisor shall-- (A) develop a comprehensive list of federally administered programs that are available to individuals, businesses, nonprofit organizations, units of local government, or other entities located in rural areas in the United States; and (B) develop a comprehensive set of metrics, including-- (i) employment in a rural area; (ii) inequality in a rural area; (iii) economic competitiveness of a rural area; (iv) inflation or deflation in a rural area; (v) housing availability and costs in a rural area; (vi) access to health care or telehealth in a rural area; (vii) the rate of small business startups in a rural area; (viii) educational attainment in a rural area; (ix) workforce participation in a rural area; and (x) other metrics, as determined appropriate by the Chief Rural Advisor. (3) Availability of data of other federal agencies.-- (A) In general.--For purposes of developing metrics under paragraph (1), the head of any other Federal agency shall provide to the Chief Rural Advisor, on request by the Chief Rural Advisor and at no cost to the Office, any data relating to the work of the Office collected by the Federal agency. (B) Privacy and security.--The Chief Rural Advisor shall take any necessary steps to maintain the privacy and security of data provided under subparagraph (A). (f) Reports to Congress.--The Chief Rural Advisor shall-- (1) not later than 1 year after establishing the metrics under subsection (e), and not less frequently than annually thereafter-- (A) prepare a report describing the effect that the programs on the list developed under subsection (e)(2)(A) have on rural areas, based on the metrics developed under subsection (e)(2)(B), with demographic breakdowns by race, age, and geographic region; and (B) submit to the Committee on Agriculture, Nutrition, and Forestry and the Committee on Appropriations of the Senate and the Committee on Agriculture and the Committee on Appropriations of the House of Representatives, and make publicly available, the report prepared under subparagraph (A); and (2) not later than 1 year after the date of enactment of this Act, and not less frequently than every 3 years thereafter, submit to the Committee on Agriculture, Nutrition, and Forestry and the Committee on Appropriations of the Senate and the Committee on Agriculture and the Committee on Appropriations of the House of Representatives the comprehensive strategy for rural development developed under subsection (d)(1). (g) Funding.--This section shall be carried out using existing amounts otherwise available to the Executive Office of the President. (h) Savings Provision.--Nothing in this section authorizes the hiring of additional staff. SEC. 3. RURAL PROSPERITY COUNCIL. (a) In General.--There is established a Rural Prosperity Council (referred to in this section as the ``Council''). (b) Chair.--The Secretary of Agriculture shall serve as the Chair of the Council. (c) Members.--The Council shall be composed of the heads of the following executive branch departments, agencies, and offices: (1) The Office of Rural Prosperity. (2) The Department of Agriculture. (3) The Department of the Treasury. (4) The Department of Defense. (5) The Department of Justice. (6) The Bureau of Indian Affairs. (7) The Department of the Interior. (8) The Department of Commerce. (9) The Economic Development Administration. (10) The Department of Labor. (11) The Department of Health and Human Services. (12) The Department of Housing and Urban Development. (13) The Department of Transportation. (14) The Department of Energy. (15) The Department of Education. (16) The Department of Veterans Affairs. (17) The Department of Homeland Security. (18) The Environmental Protection Agency. (19) The Federal Communications Commission. (20) The Office of Management and Budget. (21) The Office of Science and Technology Policy. (22) The Office of National Drug Control Policy. (23) The Council of Economic Advisers. (24) The Domestic Policy Council. (25) The National Economic Council. (26) The Small Business Administration. (27) The Council on Environmental Quality. (d) Designees.--A member of the Council may designate, to perform the Council functions of the member, a senior-level official who is-- (1) part of the department, agency, or office of the member; and (2) a full-time officer or employee of the Federal Government. (e) Duties.--The Council shall-- (1) ensure coordination among Federal agencies, States, units of local government, nonprofit organizations, and other stakeholders, as appropriate, in addressing the needs of rural areas in the United States; (2) coordinate Federal efforts directed toward the growth and development of rural geographic regions that encompass both metropolitan and nonmetropolitan areas; (3) identify and facilitate rural economic opportunities associated with energy transitions, outdoor recreation, and other conservation-related activities; (4) make recommendations to the President, acting through the Chief Rural Advisor, on streamlining and leveraging Federal investments in rural areas, where appropriate, to increase the impact of Federal dollars and create economic opportunities to improve the quality of life in rural areas in the United States; (5) provide a means for discussion and resolution of disputes between Federal agencies with regard to programs that address the needs of rural areas in the United States; and (6) develop plans and strategies to address the needs of rural areas in the United States. (f) Public Outreach.--Not less frequently than twice annually, the Council shall hold public meetings in a rural community for the purpose of-- (1) soliciting feedback from the public, units of local government, Indian Tribes, and dislocated workers on concerns relating to the social, economic, and community well-being and resilience of rural areas; and (2) soliciting recommendations on actions the departments, agencies, and offices represented on the Council may consider to support the economic development of rural communities. SEC. 4. RURAL PROSPERITY ACTION PLAN. (a) In General.--The Secretary of Agriculture (referred to in this section as the ``Secretary''), in coordination with the Under Secretary for Rural Development, shall develop a rural prosperity action plan (referred to in this section as the ``action plan''), which shall describe the actions to be carried out by the Secretary for the purposes of addressing the social, economic, and community well-being and resilience of rural areas in the United States by addressing unique structural challenges experienced by rural communities. (b) Coordination.--Each activity carried out under this section shall be carried out in coordination with the Office of Rural Prosperity. (c) Administrative Support and Funding.--The Secretary shall provide administrative support and funding in the development of the action plan, to the extent permitted by law and using appropriations available to the Secretary as of the date of enactment of this Act. (d) Activities.--In developing the action plan, the Secretary shall-- (1) examine each rural development activity carried out by the Secretary as of the date of enactment of this Act; and (2) identify regulatory and policy changes that could be made by the Secretary that would accomplish the goals described in subsection (a), including changes that would-- (A) remove barriers to economic prosperity and quality of life in rural areas of the United States; (B) strengthen and expand educational opportunities for students in rural communities, particularly in agricultural education, science, technology, engineering, and mathematics; (C) empower the State, local, and Tribal agencies that implement rural economic development, agricultural, and environmental programs to tailor those programs to relevant regional circumstances; (D) respect the unique circumstances of small businesses that serve rural communities and the unique business structures and regional diversity of farms and ranches; (E) ensure access to a reliable workforce and increase employment opportunities in rural-focused businesses, including agriculture; (F) promote the preservation of family farms as they are passed from generation to generation; (G) ensure that private property rights of water users are not encumbered when the water users attempt to secure permits to operate on Federal land; (H) improve food safety and ensure that regulations and policies implementing Federal food safety laws are based on science and account for the unique circumstances of farms and ranches; (I) encourage the production, export, and use of domestically produced agricultural products; (J) further the energy security of the United States in the rural landscape; (K) address hurdles associated with access to resources on Federal land for rural communities that rely on cattle grazing, timber harvests, mining, recreation, and other multiple uses; (L) identify and facilitate rural economic opportunities associated with energy development, outdoor recreation, and other conservation-related activities; and (M) coordinate and improve the effectiveness of Federal engagement with rural stakeholders, including agricultural organizations, small businesses, education and training institutions, health care providers, telecommunications services providers, research and land-grant institutions, law enforcement, State, local, and Tribal governments, and nongovernmental organizations, regarding the needs of rural areas of the United States. (e) Submission of Action Plan.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit the action plan, including recommendations for regulatory and policy changes identified under subsection (d)(2) that the Secretary considers appropriate, to-- (1) the Chief Rural Advisor; (2) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (3) the Committee on Appropriations of the Senate; (4) the Committee on Agriculture of the House of Representatives; and (5) the Committee on Appropriations of the House of Representatives. (f) Progress Report.--Not later than 1 year after the action plan is submitted in accordance with subsection (e), the Secretary shall submit a report describing the progress of the Secretary in meeting benchmarks described in the action plan to-- (1) the Chief Rural Advisor; (2) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (3) the Committee on Appropriations of the Senate; (4) the Committee on Agriculture of the House of Representatives; and (5) the Committee on Appropriations of the House of Representatives. <all>

Rural Prosperity Act of 2022

To establish the Office of Rural Prosperity, and for other purposes.

Rural Prosperity Act of 2022

Rep. Craig, Angie

D

MN

H.R.8490

Immigration

Protecting an Alien child's Reasonable Expectation of No Trafficking Act of 2022 or the PARENT Act of 2022 This bill requires U.S. Customs and Border Protection to transfer custody of an unaccompanied alien child only to the Department of Health and Human Services or the child's parent or legal guardian.

To direct the Commissioner of U.S. Customs and Border Protection to transfer the care and custody of an unaccompanied alien child to the Secretary of Health and Human Services or such child's parent or legal guardian, and for other purposes. Be it enacted by the Senate 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 an Alien child's Reasonable Expectation of No Trafficking Act of 2022'' or the ``PARENT Act of 2022''. SEC. 2. PROVIDING SAFE AND SECURE PLACEMENTS FOR CHILDREN. Notwithstanding any other provision of law, the Commissioner of U.S. Customs and Border Protection may only transfer the care and custody of an unaccompanied alien child to the Secretary of Health and Human Services or such child's parent or legal guardian. <all>

PARENT Act of 2022

To direct the Commissioner of U.S. Customs and Border Protection to transfer the care and custody of an unaccompanied alien child to the Secretary of Health and Human Services or such child's parent or legal guardian, and for other purposes.

PARENT Act of 2022 Protecting an Alien child’s Reasonable Expectation of No Trafficking Act of 2022

Rep. Burgess, Michael C.

R

TX

H.R.4054

Native Americans

Tribal Tax and Investment Reform Act of 2021 This bill treats Indian tribal governments as states for purposes of the annual allocation of the tax-exempt bond volume cap. It also repeals provisions that limit an Indian tribal government's eligibility to issue tax-exempt bonds or to be exempt from specified excise taxes to transactions involving the exercise of an essential government function customarily performed by state and local governments. The bill (1) treats employee benefit or pension plans maintained by Indian tribes and domestic relations orders issued pursuant to tribal law in the same manner as plans maintained by states and domestic relations orders issued pursuant to state law; and (2) treats tribal charities and foundations in the same manner as charities and foundations funded and controlled by other governmental entities for purposes of the tax-exempt status of, and deduction for contributions to, such organizations. The bill gives Indian tribes or tribal organizations access to the Federal Parent Locator Service if they are eligible for a grant to operate a child support enforcement program. It makes those tribes and tribal organizations eligible to participate in the program that collects past-due support from individual tax refunds. An Indian tribal government may determine whether a child has special needs for the purpose of the tax credit for the adoption of a child with special needs.

To amend the Internal Revenue Code of 1986 to treat Indian tribal governments in the same manner as State governments for certain Federal tax purposes, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal Tax and Investment Reform Act of 2021''. SEC. 2. FINDINGS. The Congress finds the following: (1) There is a unique Federal legal and political relationship between the United States and Indian tribes. (2) Indian tribes have the responsibility and authority to provide governmental programs and services to tribal citizens, develop tribal economies, and build community infrastructure to ensure that Indian reservation lands serve as livable, permanent homes. (3) The United States Constitution, U.S. Federal Court decisions, Executive orders, and numerous other Federal laws and regulations recognize that Indian tribes are governments, retaining the inherent authority to tax and operate as other governments, including (inter alia) financing projects with government bonds and maintaining eligibility for general tax exemptions via their government status. (4) Codifying tax parity with respect to tribal governments is consistent with Federal treaties recognizing the sovereignty of tribal governments. (5) That Indian tribes face historic disadvantages in accessing the underlying capital to build the necessary infrastructure for job creation, and that certain statutory restrictions on tribal governance further inhibit tribes' ability to develop strong governance and economies. (6) Indian tribes are sometimes excluded from the Internal Revenue Code of 1986 in key provisions which results in unfair tax treatment for tribal citizens or unequal enforcement authority for tribal enforcement agencies. (7) Congress is vested with the authority to regulate commerce with Indian tribes, and hereby exercises that authority in a manner which furthers tribal self-governance, and in doing so, further affirms the United States government- to-government relationship with Indian tribes. SEC. 3. TREATMENT OF INDIAN TRIBES AS STATES WITH RESPECT TO BOND ISSUANCE. (a) In General.--Subsection (c) of section 7871 of the Internal Revenue Code of 1986 (relating to Indian tribal governments treated as States for certain purposes) is amended to read as follows: ``(c) Special Rules for Tax-Exempt Bonds.--In applying section 146 to bonds issued by Indian tribal governments (or subdivisions thereof) the Secretary of the Treasury shall annually-- ``(1) establish a national bond volume cap based on the greater of-- ``(A) the State population formula approach in section 146(d)(1)(A) (using national tribal population estimates supplied annually by the Department of the Interior in consultation with the Census Bureau), and ``(B) the minimum State ceiling amount in section 146(d)(1)(B) (as adjusted in accordance with the cost of living provision in section 146(d)(2)), and ``(2) allocate such national bond volume cap among all Indian tribal governments seeking such an allocation in a particular year under regulations prescribed by the Secretary.''. (b) Repeal of Essential Governmental Function Requirements.-- Section 7871 of such Code is further amended by striking subsections (b) and (e). (c) Conforming Amendment.--Subparagraph (B) of section 45(c)(9) of such Code is amended to read as follows: ``(B) Indian tribe.--For purposes of this paragraph, the term `Indian tribe' means any Indian tribe, band, nation, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.''. (d) Effective Date.-- (1) Subsection (a).--The amendment made by subsection (a) shall apply to obligations issued in calendar years beginning after the date of the enactment of this Act. (2) Subsection (b).--The repeals made by subsection (b) shall apply to transactions after, and obligations issued in calendar years beginning after, the date of the enactment of this Act. SEC. 4. TREATMENT OF PENSION AND EMPLOYEE BENEFIT PLANS MAINTAINED BY TRIBAL GOVERNMENTS. (a) Amendments to the Internal Revenue Code of 1986.-- (1) Qualified public safety employee.--Section 72(t)(10)(B) of the Internal Revenue Code of 1986 (defining qualified public safety employee) is amended by-- (A) striking ``or political subdivision of a State'' and inserting ``, political subdivision of a State, or Indian tribe''; and (B) striking ``such State or political subdivision'' and inserting ``such State, political subdivision, or Indian tribe''. (2) Governmental plan.--The last sentence of section 414(d) of such Code (defining governmental plan) is amended to read as follows: ``The term `governmental plan' includes a plan established or maintained for its employees by an Indian tribal government (as defined in section 7701(a)(40)), a subdivision of an Indian tribal government (determined in accordance with section 7871(d)), an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or tribal law which is wholly owned or controlled by any of the foregoing.''. (3) Domestic relations order.--Section 414(p)(1)(B)(ii) of such Code (defining domestic relations order) is amended by inserting ``or tribal'' after ``State''. (4) Exempt governmental deferred compensation plan.-- Section 3121(v)(3) of such Code (defining governmental deferred compensation plan) is amended by inserting ``by an Indian tribal government or subdivision thereof,'' after ``political subdivision thereof,''. (5) Grandfather of certain deferred compensation plans.-- Section 457 of such Code is amended by adding at the end the following new subsection: ``(h) Certain Tribal Government Plans Grandfathered.--Plans established before the date of enactment of this subsection and maintained by an Indian tribal government (as defined in section 7701(a)(40)), a subdivision of an Indian tribal government (determined in accordance with section 7871(d)), an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or tribal law which is wholly owned or controlled by any of the foregoing, in compliance with subsection (b) or (f) shall be treated as if established by an eligible employer under subsection (e)(1)(A).''. (b) Amendments to the Employee Retirement Income Security Act of 1974.-- (1) In general.--The last sentence of section 3(32) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(32)) is amended to read as follows: ``The term `governmental plan' includes a plan established or maintained for its employees by an Indian tribal government (as defined in section 7701(a)(40) of the Internal Revenue Code of 1986), a subdivision of an Indian tribal government (determined in accordance with section 7871(d) of such Code), an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or tribal law which is wholly owned or controlled by any of the foregoing.''. (2) Domestic relations order.--Section 206(d)(3)(B)(ii)(II) of such Act (29 U.S.C. 1056(d)(3)(B)(ii)(II)) is amended by inserting ``or tribal'' after ``State''. (3) Conforming amendments.-- (A) Section 4021(b) of such Act (29 U.S.C. 1321(b)) is amended by striking ``or'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``; or'', and by inserting after paragraph (13) the following new paragraph: ``(14) established or maintained for its employees by an Indian tribal government (as defined in section 7701(a)(40) of the Internal Revenue Code of 1986), a subdivision of an Indian tribal government (determined in accordance with section 7871(d) of such Code), an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or tribal law which is wholly owned or controlled by any of the foregoing.''. (B) Section 4021(b)(2) of such Act (29 U.S.C. 1321(b)(2)) is amended by striking ``, or which is described in the last sentence of section 3(32)'' and inserting a comma. (c) Effective Date.--The amendments made by this section shall apply to years beginning after the date of the enactment of this Act. SEC. 5. TREATMENT OF TRIBAL FOUNDATIONS AND CHARITIES LIKE CHARITIES FUNDED AND CONTROLLED BY OTHER GOVERNMENTAL FUNDERS AND SPONSORS. (a) In General.--Section 170(b)(1)(A) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``For purposes of clause (vi), the term `governmental unit' includes an Indian tribal government (determined in accordance with section 7871(d) of such Code), an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or tribal law which is wholly owned or controlled by any of the foregoing.''. (b) Certain Supporting Organizations.--Section 509(a) of such Code is amended by adding at the end the following: ``For purposes of paragraph (3), an organization described in paragraph (2) shall be deemed to include an Indian tribal government (determined in accordance with section 7871(d) of such Code), an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or tribal law which is wholly owned or controlled by any of the foregoing.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 6. IMPROVING EFFECTIVENESS OF TRIBAL CHILD SUPPORT ENFORCEMENT AGENCIES BY PARITY OF ACCESS TO THE FEDERAL PARENT LOCATOR SERVICE AND FEDERAL TAX REFUND OFFSETS. (a) Access to Federal Parent Locator Service.--Section 453(c) of the Social Security Act (42 U.S.C. 653(c)) is amended-- (1) by striking ``and'' at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting ``; and''; and (3) by adding at the end the following: ``(6) the child support enforcement agency of an Indian tribe or tribal organization that is eligible for a grant under section 455(f).''. (b) Improving the Collection of Past-Due Child Support From Federal Tax Refunds.-- (1) Amendment to the social security act.--Section 464 of the Social Security Act (42 U.S.C. 664) is amended by adding at the end the following: ``(d) Applicability to Indian Tribes and Tribal Organizations Eligible for a Grant Under This Part.--This section, except for the requirement to distribute amounts in accordance with section 457, shall apply to an Indian tribe or tribal organization eligible for a grant under section 455(f) in the same manner in which this section applies to a State with a plan approved under this part.''. (2) Amendment to the internal revenue code.--Subsection (c) of section 6402 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``For purposes of this subsection, any reference to a State shall include a reference to any Indian tribe or tribal organization described in section 464(d) of the Social Security Act.''. SEC. 7. RECOGNIZING INDIAN TRIBAL GOVERNMENTS FOR PURPOSES OF DETERMINING UNDER THE ADOPTION CREDIT WHETHER A CHILD HAS SPECIAL NEEDS. (a) In General.--Section 23(d)(3) of the Internal Revenue Code of 1986 (defining child with special needs) is amended-- (1) in subparagraph (A), by inserting ``or Indian tribal government'' after ``a State''; and (2) in subparagraph (B), by inserting ``or Indian tribal government'' after ``such State''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. <all>

Tribal Tax and Investment Reform Act of 2021

To amend the Internal Revenue Code of 1986 to treat Indian tribal governments in the same manner as State governments for certain Federal tax purposes, and for other purposes.

Tribal Tax and Investment Reform Act of 2021

Rep. Kind, Ron

D

WI

H.R.7394

Crime and Law Enforcement

Women in Criminal Justice Reform Act This bill establishes programs and requirements to address the health and wellness of women in the criminal justice system. For example, the bill requires the Bureau of Prisons to (1) ensure that all incarcerated women have access to basic standards of health care specific to their needs, and (2) develop and implement gender-responsive training for its officers and employees.

To provide for improvements in the treatment of women in the criminal justice system. 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 ``Women in Criminal Justice Reform Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--GENDER-INFORMED ARREST AND LAW ENFORCEMENT PRACTICES Sec. 101. Protection of children at arrest. Sec. 102. Grant program for gender-informed training of local law enforcement officers. TITLE II--FAMILY REUNIFICATION TO REDUCE RECIDIVISM AND PROTECT CHILDREN Sec. 201. Parent-focused bail reform. Sec. 202. Temporary release from imprisonment to maintain community ties. TITLE III--GENDER-INFORMED ALTERNATIVES TO INCARCERATION Sec. 301. Federal pretrial diversion. TITLE IV--CONSPIRACY REFORM ACT--FIXING THE ``GIRLFRIEND PROBLEM'' Sec. 401. Focusing penalties for drug conspiracy. Sec. 402. Increasing judicial discretion to sentence less culpable justice-involved individuals. Sec. 403. Clarifying culpability at sentencing. TITLE V--GENDER-RESPONSIVE AND TRAUMA-INFORMED IMPOSITION OF A SENTENCE Sec. 501. Gender and trauma-informed sentencing. TITLE VI--GENDER-RESPONSIVE PRISON REFORM Sec. 601. Health care needs of incarcerated women in the Bureau of Prisons. Sec. 602. Trauma-informed care. Sec. 603. Trauma-informed and gender-responsive training and staffing. Sec. 604. Improving the Bureau of Prisons Resolve Trauma Therapy Program. Sec. 605. Gender-responsive programs in the Bureau of Prisons. Sec. 606. Gender-responsive prison conditions. Sec. 607. Gender-specific posts. Sec. 608. Female incarcerated person nutritional standards. Sec. 609. Gender-responsive discipline policies. Sec. 610. Expanding access to the Mothers and Infants Nurturing Together Program and the Residential Parenting Program. Sec. 611. Report on failure to comply with the 500 mile rule. Sec. 612. Authorization of appropriations. TITLE VII--GENDER-INFORMED REENTRY REFORM Sec. 701. Focus on women at residential reentry centers and in community confinement. Sec. 702. Focusing supervision on the rehabilitation of women. Sec. 703. Gender-responsive modification of supervised release restrictions. TITLE VIII--DEFINITIONS Sec. 801. Definitions. TITLE I--GENDER-INFORMED ARREST AND LAW ENFORCEMENT PRACTICES SEC. 101. PROTECTION OF CHILDREN AT ARREST. (a) In General.--Chapter 203 of title 18, United States Code, is amended by adding the following new section at the end: ``Sec. 3065. Arrest by Federal law enforcement ``A law enforcement officer who is authorized to make arrests under any Federal law shall permit any person who is arrested and is the custodial parent or guardian of a minor or dependent child the opportunity to make arrangements for such child at the time of arrest, including by permitting access to a telephone and appropriate phone numbers for the purposes of securing care for the child, and shall not refer the child to a child welfare agency, unless the custodial parent or guardian of the minor cannot make arrangements for the child at the time of arrest or to secure care for the child, or unless the arresting officer has reasonable cause to suspect the child is experiencing abuse or neglect. A drug related charge on its own does not constitute sufficient cause to suspect abuse or neglect.''. (b) Conforming Amendment.--The table of contents of chapter 203 of title 18, United States Code, is amended by adding at the end the following: ``3065. Arrest by Federal law enforcement''. SEC. 102. GRANT PROGRAM FOR GENDER-INFORMED TRAINING OF LOCAL LAW ENFORCEMENT OFFICERS. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.), is amended by adding at the end the following: ``PART PP--GRANTS FOR GENDER-RESPONSIVE TRAINING ``SEC. 3051. IN GENERAL. ``The Attorney General may make a grant to a State each fiscal year for purposes of carrying out the requirements of section 3052. The term of such grant shall be 1 year. ``SEC. 3052. TRAINING ON GENDER-INFORMED LAW ENFORCEMENT PRACTICES. ``(a) Training Curricula.--Not later than 180 days after the effective date of this section, the Attorney General shall develop and identify training curricula under this paragraph in consultation with relevant law enforcement agencies of States and units of local government, associations that advocate on issues which disproportionately impact women, medical professionals, professional law enforcement organizations, mental health organizations, and family advocacy organizations. ``(b) Training Requirement.--The requirements of this subsection are as follows: ``(1) A State shall require that all individuals enrolled in an academy of a law enforcement agency in the State and all chief law enforcement officers of the State fulfill a training session on gender-informed policing practices each fiscal year. In the case of individuals attending an academy, such training session shall be for at least 8 hours, and in the case of all other law enforcement officers, the training session shall be for at least 4 hours. ``(2) Gender-informed policing practices shall include-- ``(A) evidence-based training on the circumstances most likely to disproportionately or differently impact women who have contact with law enforcement through traffic stops, street stops, searches, arrests, or any other contact, and may include training on trauma, sexual and physical abuse, family issues, physical and mental health issues, hygiene issues, racial disparities in the arrests of and law enforcement contacts with women, and issues related to the arrest of parents, including the identification and appropriate responses to a child, present or not present, whose parent is arrested in order to help minimize potential trauma and support a child's physical safety and well-being following an arrest; ``(B) training on a proactive, victim-centered approach to be used when responding to domestic violence that utilizes best-practices aimed at reducing risk of imminent or future violence, and strongly discourages dual arrests; ``(C) evidence-based training on proper interrogation techniques for individuals with a history of trauma such as intimate partner violence or sexual assault as well as information on false confessions; ``(D) evidence-based training on how the interaction of race, class, disability, and gender may influence police response as well as behavior of an individual towards law enforcement officers; and ``(E) evidence-based training on the specific needs and appropriate policies and protocols for pregnant persons who have contact with law enforcement through traffic stops, street stops, searches, arrests, or any other contact. ``(3) No later than 2 years after receipt of a grant under this section, a State shall certify to the Attorney General of the United States that such training sessions have been completed. ``(c) Compliance and Ineligibility.-- ``(1) Compliance date.--The period specified under this paragraph is the period beginning 120 days after the date of enactment of this part, to comply with subsection (a), except that-- ``(A) the Attorney General may grant an additional 120 days to a State that is making good faith efforts to comply with such subsection; and ``(B) the Attorney General shall waive the requirements of subsection (a) if compliance by a State would be unconstitutional under the constitution of such State. ``(2) Ineligibility.--A State that is not in compliance with the requirements of subsection (a) during a fiscal year is not eligible to apply for a grant under this part during the next fiscal year. ``SEC. 3053. USE OF FUNDS. ``A grantee may use the grant to-- ``(1) pay for costs associated with carrying out section 3052(b), including attendance by law enforcement officers or professionals at an approved training course, including a course provided by a law enforcement training academy of a State or unit of local government; ``(2) procure training continuing education on 1 or more of the topics described in section 3052(b) from a certified entity; ``(3) in the case of a law enforcement agency of a unit of local government that employs fewer than 50 law enforcement officers (determined on a full-time equivalent basis), pay for the costs of overtime accrued as a result of the attendance of a law enforcement officer or covered professional at an approved training course for which the costs associated with conducting the approved training course are paid using amounts provided under this section; and ``(4) pay for the costs of developing mechanisms to comply with the certification requirement established under section 3052(b)(3), in an amount not to exceed 5 percent of the total amount of the grant award. ``SEC. 3054. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this part $20,000,000 for each of fiscal years 2022 through 2026.''. SEC. 103. REPRESENTATION IN LAW ENFORCEMENT GRANT PROGRAM. (a) Establishment.--There is established a grant program to improve recruitment and retention of women law enforcement officers. (b) Authority.--Not later than 60 days after the date of enactment of this Act, the Director of the Office of Community Oriented Policing Services of the Department of Justice shall make a grant to a law enforcement agency or department eligible for a grant under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968. (c) Eligible Activities.--Amounts from a grant made under this section may be used only for the following: (1) Establishing working groups, committees, or advisory boards to review current hiring practices to include-- (A) recruitment procedures; (B) advertised job descriptions; (C) images used on recruitment materials; (D) the process of reviewing applications; (E) required tests; and (F) the procedures and individuals or groups selected to interview candidates. (2) Producing and distributing recruitment materials with inclusive racial and gender representation as well as language focused on a variety of important skills and/or qualifications for law enforcement officers. (3) Outreach to groups or locations with predominantly women in attendance. (4) Providing on-site child care at law enforcement academies. (5) Improving parental and family leave policies. (6) Establishing mentoring programs. (7) Training recruiters and academy staff on the importance of a diverse workforce, implicit bias, and equal employment opportunity matters. (d) Authorization of Appropriations.--There is authorized to be appropriated $5,000,000 for each of fiscal years 2022 through 2026. TITLE II--FAMILY REUNIFICATION TO REDUCE RECIDIVISM AND PROTECT CHILDREN SEC. 201. PARENT-FOCUSED BAIL REFORM. Section 3142(g)(3)(A) of title 18, United States Code, is amended by inserting ``minor or dependent children and whether detention would negatively impact a child, including through potential loss of custody,'' after ``family ties,''. SEC. 202. TEMPORARY RELEASE FROM IMPRISONMENT TO MAINTAIN COMMUNITY TIES. Title 18, United States Code, is amended by striking section 3622 and inserting: ``Sec. 3622. Temporary release ``(a) Generally.--The Bureau of Prisons and the United States Marshals Service shall release an individual from imprisonment for a limited period if such release is authorized by the warden or a judicial officer under subsection (c) and in accordance with the facility or officer's prescribed conditions, to-- ``(1) visit a designated place for a period not to exceed thirty days without specific authorization, and then return to the same or another facility, for the purpose of-- ``(A) obtaining medical treatment not otherwise available, including access to sexual assault nurse examiners; ``(B) establishing or reestablishing family or community ties; or ``(C) attending court proceedings concerning juvenile custody or dependency of a minor or dependent child; ``(2) visit a designated place for a period not to exceed seven days without specific authorization, and then return to the same or another facility, for the purpose of-- ``(A) visiting a relative who is dying; ``(B) attending a funeral of a relative; ``(C) contacting a prospective employer; or ``(D) engaging in any other significant activity consistent with the public interest; or ``(3) participate in a training or educational program in the community while continuing in official detention at the prison facility; or ``(4) work at paid employment in the community while continuing in official detention at the penal or correctional facility if the rates of pay and other conditions of employment will not be less than those paid or provided for work of a similar nature in the community. ``(b) Definition.--As used in this section, the term `imprisonment' means custodial detention, juvenile official detention, or community supervision, both prior to a trial or a dispositional hearing, and after conviction or adjudication. ``(c) Petition.--Upon petition from a person who is under an order of imprisonment, a judicial officer is authorized to release such person under subsection (a) and may set the least restrictive conditions of release necessary to meet the requirements of safety and justice. Such authorization shall be provided for the purposes listed in subsection (a) if it is consistent with the purpose for which any sentence was imposed if applicable and any pertinent policy statement issued by the Sentencing Commission pursuant to section 994(a)(2) of title 28, United States Code, unless a factual showing is made to the court demonstrating that the release would create an imminent risk of flight or harm to the incarcerated person or others.''. SEC. 203. UPDATING CUSTODY REQUIREMENTS TO PRESERVE FAMILIES. Section 475(5)(E) of the Social Security Act (42 11 U.S.C. 675(5)(E)) is amended-- (1) by striking ``15 of the most recent 22 months'' and inserting ``24 consecutive months and who is not in the care of kin (including fictive kin), the State may consider filing or joining a petition for modification or termination of parental rights only after demonstrating by clear and convincing evidence that the State has provided to the family of the child such services, supports, and time needed to address the reasons for foster care and enable the family to safely reunify, and by demonstrating compelling reasons why the modification or termination is in the best interest of the child, and if the child is living with a kinship (including fictive kinship) caregiver, the State agency shall provide a meaningful opportunity for the kinship (including fictive kinship) caregiver to express whether modification or termination is or is not in the best interests of the child and shall document such in the case plan of the child''; (2) by striking clause (i) and redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively; (3) in clause (ii) (as so redesignated by paragraph (2) of this section), by striking the semicolon and inserting a comma; and (4) by inserting after and below clause (ii) (as so redesignated) the following: ``except that, in the case of a child to whom this subparagraph applies solely because the child has been in foster care under the responsibility of the State for 24 consecutive months and is not in the care of kin (including fictive kin), the State may not file or join such a petition if a parent of the child is actively engaged in services to address the reasons the child entered care (including treatment for substance use disorder, mental health concerns, or parenting skills), if based principally on the incarceration of a parent, or if based principally on the detention of the parent by the Department of Homeland Security or the deportation of the parent;''. TITLE III--GENDER-INFORMED ALTERNATIVES TO INCARCERATION SEC. 301. FEDERAL PRETRIAL DIVERSION. (a) In General.--Chapter 201 of title 18, United States Code, is amended by adding the following new section at the end: ``Sec. 3015. Federal pretrial diversion ``(a) Definitions.--The following terms apply in this section: ``(1) Criminal case.--The term `criminal case' means a Federal criminal offense or Federal juvenile adjudication where a criminal complaint, information or indictment has been filed, or where a criminal complaint, information or indictment has not been filed and the Government has a reasonable belief that a prosecutable Federal offense may be filed. ``(2) Divertee.--The term `divertee' means an adult or juvenile who is accepted to participate in a pretrial diversion program. ``(3) Pretrial diversion.--The term `pretrial diversion' means an alternative to criminal prosecution that diverts a defendant or juvenile away from the traditional criminal justice process into a recidivism reduction plan, and which results in a diversionary disposition to a divertee who successfully completes such recidivism reduction plan. ``(4) Diversionary disposition.--The term `diversionary disposition' means the termination of a criminal case that results in-- ``(A) the Government not filing a criminal complaint, information, indictment or charge in a criminal case; ``(B) dismissal of a criminal complaint, indictment, information or charge against a divertee; or ``(C) a conviction and imposition of a sentence, or a juvenile adjudication and disposition, that does not include a term of incarceration, imprisonment or official detention. ``(5) Recidivism reduction plan.--The term `recidivism reduction plan' means a plan, ordered to be completed by the Court, and that the divertee agrees to complete in exchange for a diversionary disposition which-- ``(A) shall include supervision, at a frequency and level to be determined by the Court; and ``(B) may include classes, treatment, programs, assistance, requirements, restrictions, or other conditions that are gender-responsive, and are tailored specifically to the needs of the divertee, which shall include partnerships with nonprofit community-based organizations, and shall include-- ``(i) assistance with seeking, obtaining, and maintaining employment; ``(ii) placement in job placement programs that partner with private employers; ``(iii) job skills classes, including computer skills, technical skills, vocational skills, and any other job-related skills; ``(iv) assistance with locating and maintaining housing, including family- accessible housing, which may include counseling as to public housing opportunities, assistance with applications for public housing benefits, and locating and/or securing temporary or long-term housing; ``(v) obtaining an identification card or driver's license; ``(vi) registering to vote, and applying for voting rights to be restored, where permitted by law; ``(vii) assistance with, and requirements to apply for and remain in education programs, including assistance with applications for higher education loans and program admission; ``(viii) financial counseling; ``(ix) referrals for legal assistance to pursue record expungement, family law and custody matters, legal aid services, and relevant civil matters including housing and other issues; ``(x) assistance with obtaining transportation, including through provision of transit fare; ``(xi) familial counseling and parenting classes; ``(xii) problem-solving and life-skills assistance or classes; ``(xiii) assistance with communication needs, including providing a mobile phone, mobile phone service or access, or internet access; ``(xiv) assistance with applications for State or Federal Government benefits, where eligible; ``(xv) mentorship, including through programs that facilitate such services by formerly incarcerated or convicted individuals; ``(xvi) physical and emotional trauma- informed treatment, counseling, and therapy; ``(xvii) medical and or mental health services, and cognitive-behavioral programming; ``(xviii) substance use treatment and testing, including family-based residential drug treatment; ``(xix) reactivation, application for and maintaining professional or other licenses; ``(xx) payment of restitution, where appropriate; ``(xxi) restorative justice-based requirements; and ``(xxii) any other needs-based assistance or requirement designed to reduce recidivism. ``(6) Restorative justice.--The term `restorative justice' means a creative solution that focuses on repairing the harm caused by crime and reducing future harm through crime prevention, and which requires justice-involved individuals to take responsibility for their actions, seeks redress for victims, and the healing and reintegration of both within the community. ``(b) Diversion Authorized.--Upon application by a defendant, the Government, United States Probation and Pretrial Services, or sua sponte by the Court, a United States Court with jurisdiction over a criminal case may divert such case into a pretrial diversion program under this section at any time prior to imposition of a sentence or disposition. ``(c) Participation Requirements.--Participation in the program requires-- ``(1) voluntary agreement to participate by the divertee, after being presented with the Court's proposed pretrial diversion order as required under subsection (e); ``(2) a signed waiver by the divertee that waives the right to a speedy trial for as much time as is needed for participation in the diversionary program as determined by the Court, and waiver of presentment of the case within the statute of limitations, if necessary, as determined by the Court; and ``(3) that the divertee be afforded the advice of counsel, and if the divertee cannot afford counsel, that counsel be appointed at no cost to the divertee. ``(d) Pretrial Diversion Determination Application Process.--Upon the application for pretrial diversion of a criminal case, the applicant shall be referred to either the Chief Pretrial Services Officer or the Chief Probation Officer for a report, that shall include-- ``(1) the applicant's criminal history, background and characteristics, and the facts surrounding an applicant's criminal case; ``(2) a recommendation to the Court whether a pretrial diversion program is appropriate for the applicant; and ``(3) a needs-based assessment of the applicant, and a recommendation for a recidivism reduction plan tailored to the needs of the applicant, whether or not a pretrial diversion program is recommended. ``(e) Pretrial Diversion Order.--Upon review of the report described in subsection (e), and any argument, testimony and evidence presented by the Government and the applicant, the Court shall enter an order approving or denying the application of pretrial diversion, such an order shall include-- ``(1) in the case of an order denying the application of pretrial diversion, a statement of reasons for such denial; and ``(2) in the case of an order granting the application of pretrial diversion-- ``(A) the date that the pretrial diversion period begins, and date, whereby, if successful completion is determined by the Court, a diversionary disposition may be entered; ``(B) the recidivism reduction plan which must be successfully completed by the divertee in order to receive a diversionary disposition; ``(C) the type of diversionary disposition that the divertee will receive if the divertee successfully completes the recidivism reduction plan, including opportunities for record expungement, which shall include the approval of the Government where required by law; and ``(D) the alternative disposition of the criminal case if the Court determines the divertee has not successfully completed the recidivism reduction plan. ``(f) Unsuccessful Termination of Pretrial Diversion.--A divertee is entitled to a hearing before the divertee's pretrial diversion may be terminated. Upon breach of a condition of the recidivism reduction plan by the divertee, the U.S. Probation and Pretrial Services Office may so inform the Court, who shall determine whether such breach should warrant termination of diversion. ``(g) Successful Termination of Pretrial Diversion.--If the Court determines that a divertee has successfully completed a recidivism reduction program as provided in the terms of the pretrial diversion order, the Court shall enter a diversionary disposition order, as follows: ``(1) Upon approval of the Government, a criminal complaint, information, indictment or charge in a criminal case shall not be filed, and the Court shall order proceedings terminated. ``(2) Upon approval of the Government, dismissal of a criminal complaint, information, indictment or charge against a divertee shall be ordered and proceedings terminated. ``(3) In the case of a divertee who has agreed to plead guilty to a criminal offense, a judgment of conviction and imposition of a sentence, or a juvenile adjudication shall be ordered, and notwithstanding any mandatory term of imprisonment provided for by law, the Court may order no term of incarceration. The Court is authorized to permit withdrawal of a guilty plea under this subsection. ``(h) Confidentiality.--All information obtained in the course of making the decision to divert a justice-involved individual and all information obtained by treatment providers, class instructors, and other required program providers in the course of completing a recidivism reduction plan shall not be used against the divertee in criminal proceedings or at sentencing, except that in the case of a recommendation for termination of diversion, information regarding the divertee's participation in such program may be used for purposes of termination proceedings. ``(i) Pretrial Diversion Program Preference.--Where authorized by law, pretrial diversion program acceptance shall be prioritized in criminal cases where an applicant demonstrates a history of physical or emotional trauma, sexual or physical abuse, substance abuse, mental illness, or vulnerable circumstances such as pregnancy, disability, homelessness, physical health challenges, or the immediate familial economic needs of an applicant.''. (b) Conforming Amendment.--The table of contents of chapter 201 of title 18, United States Code, is amended by adding at the end the following: ``3015. Federal pretrial diversion''. TITLE IV--CONSPIRACY REFORM ACT--FIXING THE ``GIRLFRIEND PROBLEM'' SEC. 401. FOCUSING PENALTIES FOR DRUG CONSPIRACY. (a) Controlled Substances Act.--Section 406 of the Controlled Substances Act (21 U.S.C. 846) is amended by striking ``subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy'' and inserting ``fined under title 18, United States Code, imprisoned not more than 5 years, or both, except that in no case may the penalty for an offense under this section exceed any penalty for the underlying substantive offense, the commission of which was the object of the attempt or conspiracy''. (b) Controlled Substances Import and Export Act.--Section 1013 of the Controlled Substances Import and Export Act (21 U.S.C. 963) is amended by striking ``subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy'' and inserting ``fined under title 18, United States Code, imprisoned not more than 5 years, or both, except that in no case may the penalty for an offense under this section exceed the penalty for the underlying offense, the commission of which was the object of the attempt or conspiracy''. SEC. 402. INCREASING JUDICIAL DISCRETION TO SENTENCE LESS CULPABLE JUSTICE-INVOLVED INDIVIDUALS. (a) In General.--Section 3553(e) of title 18, United States Code, is amended-- (1) by striking ``Upon motion'' and inserting: ``(1) Motion of the government.--Upon motion''; (2) by striking the second sentence; and (3) by adding at the end the following: ``(2) Motion of a party or the court.--The Court, sua sponte, or on the motion of a party, shall have the authority to impose a sentence below a level established by statute as a minimum sentence if the defendant shows that-- ``(A) the defendant did not provide substantial assistance described in paragraph (1) based on a reasonable fear of serious bodily injury (as such term is defined in section 113) to the defendant, an intimate partner, child, or other family member of the defendant; ``(B) the prosecution fails to demonstrate that the defendant has useful information that could be used by the Government in the investigation or prosecution of another person who has committed an offense; or ``(C) the defendant has provided substantial assistance described in paragraph (1), but the Government has not made a motion under such paragraph. ``(3) Sentencing guidelines.--A sentence under paragraph (1) or (2) shall be imposed in accordance with the guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28, United States Code.''. (b) Counterfeit Controlled Substances.--Section 401 of the Controlled Substances Act (21 U.S.C. 841) is amended by adding at the end the following: ``(i) In the case of a person who conspires to commit an offense under this title, the type and quantity of the controlled or counterfeit substance for the offense that was the object of the conspiracy shall be the type and quantity involved in-- ``(1) the defendant's own unlawful acts; and ``(2) any unlawful act of a co-conspirator that-- ``(A) the defendant agreed to jointly undertake; ``(B) was in furtherance of that unlawful act the defendant agreed to jointly undertake; and ``(C) was known to and intended by the defendant.''. (c) Counterfeit Controlled Substances Import and Export.--Section 1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960) is amended by adding at the end the following: ``(e) In the case of a person who conspires to commit an offense under this title, the type and quantity of the controlled or counterfeit substance for the offense that was the object of the conspiracy shall be the type and quantity involved in-- ``(1) the defendant's own unlawful acts; and ``(2) any unlawful act of a co-conspirator that-- ``(A) the defendant agreed to jointly undertake; ``(B) was in furtherance of that unlawful act the defendant agreed to jointly undertake; and ``(C) was known to and intended by the defendant.''. SEC. 403. CLARIFYING CULPABILITY AT SENTENCING. Section 3661 of title 18, United States Code, is amended by striking the period at the end and inserting the following: ``, except that such a court may not consider, except for purposes of mitigating a sentence-- ``(1) any act with respect to which the person was criminally charged and adjudicated not guilty after trial in a Federal, State, or Tribal, court, or in the case of a juvenile an act that was charged and for which the juvenile was found not responsible after a juvenile adjudication hearing; or ``(2) any act underlying a criminal charge or juvenile information that was dismissed in a Federal court upon a motion for acquittal under rule 29 of the Federal Rules of Criminal Procedure, or in a State or Tribal court upon a motion for acquittal or an analogous motion under the applicable State rule of criminal procedure.''. TITLE V--GENDER-RESPONSIVE AND TRAUMA-INFORMED IMPOSITION OF A SENTENCE SEC. 501. GENDER AND TRAUMA-INFORMED SENTENCING. Section 3553 of title 18, United States Code, is amended in subsection (a)(2)-- (1) in subparagraph (C), by striking ``and''; and (2) by striking subparagraph (D) and inserting the following: ``(D) to reflect any mitigation on behalf of the defendant, including any history of trauma, substance use, or medical and mental health disorders; and ``(E) to provide the defendant with gender- responsive needed educational or vocational training, medical care, trauma-informed mental health care, or other correctional treatment in the most effective manner;''. TITLE VI--GENDER-RESPONSIVE PRISON REFORM SEC. 601. HEALTH CARE NEEDS OF INCARCERATED WOMEN IN THE BUREAU OF PRISONS. (a) In General.--The Director of the Bureau of Prisons, in consultation with the Administrator of the Women and Special Populations Branch, shall ensure that all incarcerated women have access to basic standards of health care specific to their needs. (b) Obstetrics and Gynecology.--The Director shall ensure that all incarcerated persons in need of obstetric or gynecological care have access to a licensed medical professional with specialized training in such care, which shall include, in addition to any medical treatment provided by law and Bureau of Prisons policy-- (1) a screening upon intake into the Bureau of Prisons, and annual screening thereafter, that shall include screening for high-risk factors as provided under subsection (c); (2) testing for Hepatitis A, B, and C; (3) tuberculosis skin testing; (4) testing for sexually transmitted infections, which shall include chlamydia, gonorrhea, syphilis, and human immunodeficiency virus (HIV), and may include testing for other infections if symptoms present; (5) a breast examination screening no less frequently than recommended by medical professionals adhering to guidelines published by the Secretary of Health and Human Services; and (6) a pelvic examination to include a Pap smear and testing for human papillomavirus (HPV) no less than every three years, but within 48 hours if medical history or symptoms require, with the option of being accompanied by a trained medical chaperone during this examination. (c) Human Papillomavirus Vaccine for Juveniles.--The Director shall amend Bureau of Prisons policy for human papillomavirus screening and vaccination to include access for juvenile justice-involved individuals. (d) Dental Care.--The Director shall ensure that dental care for incarcerated persons complies with the standards developed by the Americans with Disabilities Act (ADA), Standards Administration Department, and not later than one year after enactment of this section, the Director, in consultation with the Chief of Dental Programs shall report to the Committees on the Judiciary of the Senate and the House of Representatives and the Subcommittees on Commerce, Justice, Science, and Related Agencies of the Committees on Appropriations of the Senate and the House of Representatives, and such report shall include-- (1) the number of incarcerated persons who have requested dental care, disaggregated by race and gender; (2) the number of incarcerated persons who have received dental care, disaggregated by race and gender; (3) the number of incarcerated persons who are on waitlists for dental care disaggregated by race and gender; and (4) the number of incarcerated persons who have been refused requested dental care, disaggregated by race and gender, and the reasons for such refusals. (e) High-Risk Incarcerated Person Healthcare.--Female incarcerated persons who present with any high-risk factors during any screening, shall be provided with care as follows: (1) Screening for bone density in postmenopausal persons younger than 65 years if any of the following risk factors are noted: (A) Medical history of a fragility fracture. (B) Body weight less than 127 pounds. (C) Medical causes of bone loss (medications or diseases). (D) Parental medical history of hip fracture. (E) Current smoker. (F) Alcoholism. (G) Rheumatoid arthritis. (2) For incarcerated persons with a medical history of preeclampsia who gave birth less than 37\0/7\ weeks of gestation, or who have a medical history of recurrent preeclampsia, a yearly assessment of blood pressure, lipids, fasting blood glucose, and body mass index. (3) Screening for colorectal cancer for incarcerated persons who-- (A) are age 50 and above; (B) have a first-degree relative younger than age 60 or two or more first-degree relatives of any age who have had colorectal cancer; (C) have a family history of familial adenomatous polyposis or hereditary nonpolyposis colon cancer; or (D) have a history of colorectal cancer, adenomatous polyps, inflammatory bowel disease, chronic ulcerative colitis, or Crohn's disease. (4) Diabetes testing for incarcerated persons who-- (A) are overweight or obese; (B) every three years for any incarcerated person who has delivered a baby weighing 9 pounds or more, or was diagnosed with gestational diabetes mellitus (GDM) and normal postpartum screening test results; (C) have been diagnosed with hypertension or are on therapy for hypertension; (D) have been diagnosed with a high cholesterol level or a high triglyceride level; (E) have been diagnosed with polycystic ovary syndrome; (F) have other clinical conditions associated with insulin resistance; or (G) have a history of cardiovascular disease. (5) Hemoglobin level assessments for incarcerated persons who have a history of excessive menstrual flow. (6) Lipid profile assessments for incarcerated persons who-- (A) have a family history suggestive of familial hyperlipidemia; (B) have a family history of premature cardiovascular disease; (C) have a previous personal history of coronary heart disease or noncoronary atherosclerosis, or abdominal aortic aneurysm, peripheral artery disease, or carotid artery stenosis; (D) are obese; (E) have a personal or family history of peripheral vascular disease; (F) have diabetes mellitus; (G) have multiple coronary heart disease risk factors, such as tobacco use and hypertension; (H) an annual lipid assessment for female incarcerated persons who have a medical history of preeclampsia who gave birth preterm, or who have a medical history of recurrent preeclampsia. (7) A mammography and triple negative breast cancer screening for incarcerated persons who-- (A) have had breast cancer or who have a first- degree relative or multiple other relatives who have a history of premenopausal breast or breast and ovarian cancers; (B) have tested positive for BRCA1 or BRCA2 mutations; (C) received thoracic irradiation, a typically as a treatment for lymphoma, between the ages of 10 and 30; and (D) have a personal history of high-risk breast biopsy results, including atypical hyperplasia and lobular carcinoma in situ. (8) Thyroid-stimulating hormone testing for female incarcerated persons with a strong family history of thyroid disease or autoimmune disease. (9) Screening and appropriate treatment for incarcerated persons with diagnosis of sickle cell anemia. (f) Contraceptive Case.--The Director shall ensure access to contraceptive care for an incarcerated person if determined to be medically recommended by a licensed obstetrician-gynecologist. (g) Confidentiality.--All medical reports and health records drafted or stored within the Bureau of Prisons may not be exchanged, transferred, or used for the purpose of any criminal investigation or prosecution federally, or under the laws of any State, local or Tribal government. SEC. 602. TRAUMA-INFORMED CARE. (a) Training.--The Director of the Bureau of Prisons, in collaboration with the Bureau of Prisons Health Services Department, the Bureau of Prisons Women and Special Populations Branch, and the Department of Health & Human Services, shall develop and implement training for Bureau of Prisons officers and employees that complies with national standards on trauma-informed care, and which shall include-- (1) recognition of the impact of trauma on multiple areas of life and different paths to recovery; (2) awareness of the signs and symptoms of trauma, and methods to respond to trauma; (3) training on revised policies and practices that account for and are sensitive to potential trauma histories; (4) methods to prevent retraumatization; and (5) awareness of the high rates of trauma among incarcerated persons and the higher rates of trauma among female incarcerated persons, and the causes of such trauma. (b) Trauma Screening.--The Director of the Bureau of Prisons, in collaboration with the Bureau of Prisons Health Services Department, the Bureau of Prisons Women and Special Populations Branch, and the Department of Health & Human Services, shall develop and implement a trauma-screening program upon intake of all incarcerated persons into the Bureau of Prisons. Such screening shall also be incorporated into the periodic assessments of incarcerated persons under section 101 and section 102 of the First Step Act. (c) Trauma-Informed Therapy and Counseling.--The Director of the Bureau of Prisons, in collaboration with the Bureau of Prisons Health Services Department, the Bureau of Prisons Women and Special Populations Branch, and the Department of Health & Human Services, shall create trauma, and posttraumatic stress disorder, counseling and trauma-informed support programs for incarcerated persons who have experienced trauma, which programs shall be administered by a licensed mental health professional, and shall include-- (1) assistance with methods to cope with trauma, including the development of safety plans and strategies for dealing with triggers; and (2) programs and therapy modalities that directly address trauma within incarcerated populations, which may include-- (A) programs designed for the treatment of individuals with co-occurring post-traumatic stress disorder and substance use symptoms; (B) group intervention programs; (C) individual counseling; (D) gender-responsive programs for female trauma survivors; (E) programs designed for trauma survivors who have severe mental health disorders; (F) Prolonged Exposure Therapy; (G) Eye Movement Desensitization and Reprocessing; (H) peer-to-peer support programming; and (I) any other evidence-based trauma-informed and gender-responsive treatment or therapy. (d) Report.--Beginning on the date that is 2 years after the date of enactment of this title, and annually thereafter, the Bureau of Justice Statistics shall submit a report to the Committees on the Judiciary of the Senate and the House of Representatives and the Subcommittees on Commerce, Justice, Science, and Related Agencies of the Committees on Appropriations of the Senate and the House of Representatives that contains the following: (1) The number of incarcerated persons screened for trauma exposure under this title, and the number of incarcerated persons presenting with a history of exposure to trauma at intake and upon reassessment, including demographic percentages by age, race, and gender. (2) The specific trauma-informed counseling and treatment programs developed under subsection (c). (3) The number of incarcerated persons who participate in each trauma-informed counseling and treatment program developed under subsection (c), including demographic percentages by age, race, and gender. (4) The number of incarcerated persons on a waitlist for such program developed under subsection (c), including demographic percentages by age, race, and gender. The Director of the Bureau of Prisons shall promptly respond to requests from the Bureau of Justice Statistics for access to Bureau of Prisons facilities, personnel, and information, in the completion of this report. SEC. 603. TRAUMA-INFORMED AND GENDER-RESPONSIVE TRAINING AND STAFFING. (a) Gender-Responsive Training.--The Director of the Bureau of Prisons, in collaboration with the Bureau of Prisons Health Services Department, the Bureau of Prisons Women and Special Populations Branch, and the Department of Health & Human Services, shall develop and implement gender-responsive training for Bureau of Prisons officers and employees which shall include incorporating gender-responsive components to all existing training for all correctional officers and employees, and shall include separate training on the unique needs of incarcerated women for all correctional officers and employees in facilities that house women and female juveniles, and all such trainings shall include training on-- (1) common characteristics of female incarcerated persons, including data on the numbers of women in Bureau of Prisons custody, and generally the race, charges, age, and common sentences of women in the criminal justice system; (2) reasons why women enter the criminal justice system, and gender-responsive policy and practice that target women's pathways to criminality by providing effective interventions that address the intersecting issues of substance abuse, trauma, mental health, and economic marginality; (3) the high rates of trauma that justice involved women are exposed to; (4) the high rates of mental health diagnosis among women justice-involved individuals; (5) the menstrual needs, general health, and reproductive health care needs, of women; (6) the high rates of motherhood amongst female incarcerated persons, and their ongoing roles as mothers and community members; and (7) the low risk to public safety created by the typical offenses committed by justice-involved women. (b) Staffing.--The Director of the Bureau of Prisons shall ensure that correctional employees dedicated to the Women And Special Populations Branch be-- (1) sufficient to ensure consistent, professional supervision of female incarcerated persons; (2) sufficient to ensure proper gender-responsive implementation of Bureau of Prisons polices and legislative mandates; (3) sufficient to properly evaluate programming needs, develop, and administer programs for all eligible female incarcerated persons; (4) sufficient to ensure that women prisoners in the Bureau of Prisons are healthy and safe from harm; and (5) shall not be less than twelve full time employees. SEC. 604. IMPROVING THE BUREAU OF PRISONS RESOLVE TRAUMA THERAPY PROGRAM. (a) Generally.--The Director shall ensure that the Resolve Trauma Therapy Program is offered at all institutions that house female incarcerated persons, and that all female incarcerated persons who seek treatment through the Resolve Trauma Therapy Program have access to such program beginning during the first twelve months of the incarcerated person's sentence. (b) Resolve Program Prerequisite Notice and Access.--The Director shall ensure that all female incarcerated persons are provided notice of the Resolve Program and the prerequisites for admittance into the program. Any such prerequisites, which may include a Trauma in Life seminar and psychological screening test, shall be offered to all female incarcerated persons to begin within 60 days of intake into the Bureau of Prisons. (c) Resolve Program Staffing.--The Director shall ensure that sufficient correctional employees are employed at each facility that houses female incarcerated persons, in order to comply with this section, which shall include, at minimum, one Resolve Coordinator at each location and one Treatment Specialist, but may include any number of correctional employees as needed. (d) Spanish Language Resolve Program.--The Director shall ensure that the Resolve Program is offered in Spanish and accessible for all Spanish-speaking female incarcerated persons. (e) Report.--Beginning on the date that is 1 year after the date of enactment of this title, and annually thereafter, the Attorney General shall submit a report to the Committees on the Judiciary of the Senate and the House of Representatives and the Subcommittees on Commerce, Justice, Science, and Related Agencies of the Committees on Appropriations of the Senate and the House of Representatives that contains the following: (1) The number of female incarcerated persons who complete the Trauma in Life seminar and psychological screening test prerequisites for access to the Resolve Program, and whether each incarcerated person began such Resolve Program prerequisites within 60 days of intake into the Bureau of Prisons, and if not within 60 days of intake when they began program prerequisites. (2) The number of female incarcerated persons who complete the Resolve Program, annually, and whether such program participation began within 1 year of intake into the Bureau of Prisons, and if not, how soon such program participation began and was completed. (3) The number of individuals on waitlists, if any, for Resolve Program access. (4) The number of full-time correctional employees dedicated to work within the Resolve Program and vacancies during the previous calendar year. (5) The number of female incarcerated persons who complete the Resolve Program in Spanish, and the number of Spanish- speaking female incarcerated persons who are on waitlists for program access. (6) The number of female incarcerated persons who qualify for Resolve Program access but were not afforded participation in the program before release. SEC. 605. GENDER-RESPONSIVE PROGRAMS IN THE BUREAU OF PRISONS. (a) Generally.--The Director, in consultation with the Director of the Women and Special Populations Branch, shall ensure that all incarcerated person programs and services are gender-responsive and all programs shall-- (1) consider the national profile of women who enter the criminal justice system, which is most often disproportionately women of color, and women who are likely to have been convicted of a drug or drug-related offense, have fragmented family histories, with other family members also involved with the criminal justice system, are survivors of physical and/or sexual abuse as children and adults, have significant substance abuse problems, have multiple physical and mental health problems, are mothers and legal guardians of minor children, and have limited vocational training and sporadic work histories; (2) be evidence-based, and responsive to data concerning the distinguishing aspects of different genders of justice- involved individuals; (3) address substance misuse, trauma, and mental health issues through comprehensive, integrated, services; (4) provide opportunities through education and training to provide women with opportunities to improve socioeconomic conditions; (5) have a relational component wherever possible, and goals to promote healthy connections to children, family, significant others, and the community; (6) consider the pattern of emotional, physical, and sexual abuse that many female justice-involved individuals have experienced, and mitigate against an abusive environment and traumatization; and (7) be otherwise gender-responsive based on empirical evidence and research. (b) Ensuring First Step Act Early Release Programs Are Gender- Responsive.--Section 3635(3) of title 18, United States Code, is amended-- (1) in subparagraph (B), by striking ``and''; (2) by redesignating subparagraph (C) as subparagraph (D); and (3) by inserting the following after subparagraph (B): ``(C) are gender-responsive, in compliance with section 5 of title VI of the Gender-Informed Justice Act; and''. SEC. 606. GENDER-RESPONSIVE PRISON CONDITIONS. (a) Generally.--The Director shall ensure all institutions that house female incarcerated persons maintain the same minimum standard of care and conditions as institutions that house male incarcerated persons. Lack of resources shall not be sufficient reason for failing to meet minimum standards of treatment or conditions where such failure constitutes a violation of incarcerated persons' constitutional or statutory rights. (b) Minimum Standard of Conditions.--The term ``standard of conditions'' means the provision of adequate care and treatment in compliance with the United States Constitution and laws of the United States, and shall at minimum include-- (1) safe and orderly conditions in all correctional institutions; (2) a goal to prepare prisoners to live law-abiding lives upon release, and to facilitate prisoners' reintegration into free society by implementing appropriate conditions of confinement and by sustained planning for such reintegration; (3) protection of incarcerated persons from harm, with restrictions placed on incarcerated persons only that are necessary and proportionate to the legitimate objectives for which those restrictions are imposed; (4) a respect of the human rights and dignity of incarcerated persons, with no incarcerated person being subjected to cruel, inhuman, or degrading treatment or conditions; (5) for a convicted individual, loss of liberty and separation from society should be the sole punishments imposed by imprisonment; (6) appropriate levels of correctional officers and employees; (7) implementation of internal processes for continually assessing and improving each correctional facility; (8) humane and healthful living conditions; (9) necessary health care; (10) freedom from staff harassment and invidious discrimination; (11) freedom of religion and substantial freedom of expression; (12) equal conditions conducive to maintaining healthy relationships with families; (13) equal opportunities to participate in constructive activity and rehabilitative programs; (14) access to gender-responsive and comprehensive community-based reentry programs and planning, including family reunification legal clinics within correctional facilities where present; (15) all Bureau of Prisons physical facilities shall-- (A) be adequate to protect and promote the health and safety of incarcerated persons and staff; (B) be clean and well-maintained; (C) include appropriate housing, laundry, health care, food service, visitation, recreation, education, and program space; (D) have appropriate heating and ventilation systems; (E) not deprive prisoners or staff of natural light, of light sufficient to permit reading throughout prisoners' housing areas, and of reasonable darkness during the sleeping hours; (F) be free from tobacco smoke and excessive noise; (G) allow unrestricted access for prisoners to potable drinking water and to adequate, clean, reasonably private, and functioning toilets and washbasins; and (H) comply with health, safety, and building codes, subject to regular inspection; (16) all Bureau of Prisons facility housing conditions shall-- (A) include living quarters of adequate size, with single-occupancy cells as the preferred form of housing, but facilities that must use multiple-person living quarters should provide sufficient staffing, supervision, and personal space to ensure safety for persons and security for their belongings, and to ensure that all living quarters and personal hygiene areas are designed to facilitate adequate and appropriate supervision of incarcerated persons and to allow such persons privacy consistent with their security classification; (B) at a minimum, include a bed and mattress off the floor for each incarcerated person, a writing area and seating, an individual secure storage compartment sufficient in size to hold personal belongings and legal papers, a source of natural light, and light sufficient to permit reading; and (C) sufficient access to showers at an appropriate temperature to enable each incarcerated person to shower as frequently as necessary, and allowing for gender appropriate separation, to maintain general hygiene; (17) living quarters and associated common areas shall be maintained in a sanitary condition; (18) correctional authorities should provide prisoners with clean, appropriately sized clothing suited to the season and facility temperature and to the prisoner's work assignment and gender identity, in quantities sufficient to allow for a daily change of clothing and permitting incarcerated persons opportunities to mend and machine launder their clothing if the facility does not provide these services; (19) to the extent practicable and consistent with safety concerns, correctional authorities should minimize the periods during the day in which prisoners are required to remain in their cells; (20) incarcerated persons shall be provided daily opportunities for significant out-of-cell time and for recreation at appropriate hours that allows them to maintain physical health and, for incarcerated persons not otherwise prohibited by specific health or safety concerns, to socialize with other incarcerated persons, and at minimum all incarcerated persons shall be offered the opportunity for at least one hour per day of exercise, in the open air if the weather permits; and (21) incarcerated persons should be permitted, whenever practicable, to eat in a congregate setting, whether that is a specialized room or a housing area dayroom, absent an individualized decision that a congregate setting is inappropriate for a particular individual, and incarcerated persons shall be allowed an adequate time to eat each meal. (c) Incarcerated Person Conditions During Menstruation.--The Director, in consultation with the Director of the Women and Special Populations Branch, shall ensure that incarcerated persons during the time of menstruation are treated with dignity and respect, and that such incarcerated persons are given appropriate medical and hygienic care, including as necessary for pain relief. This shall include free and adequate supply of menstrual materials as well as sufficient access to toilet paper SEC. 607. GENDER-SPECIFIC POSTS. The Director shall ensure that ensure the assignment of female staff at locations in female institutions where incarcerated person searches are common, such that Bureau of Prisons is in compliance with the Prison Rape Elimination Act of 2003 without requiring female Correctional Officers to leave other assigned posts. SEC. 608. FEMALE INCARCERATED PERSON NUTRITIONAL STANDARDS. (a) Nutritional Standards for Female Incarcerated Persons.--The Director shall revise the Bureau of Prisons standards for nutrition to ensure they are gender-specific, and that women receive a healthy diet consistent with national dietary guidelines for women. (b) Nutraloaf Prohibited.--The Director shall ensure that food quantity, type, or the prohibition of food, shall never be used as a means of discipline, and the Bureau of Prisons shall never provide as meals to incarcerated persons ``Nutraloaf'', ground up leftovers, or any similar meal. (c) Pregnant and Lactating Incarcerated Persons.--For pregnant and lactating incarcerated persons nutrition standards shall reflect the following: (1) Access to at least 64-96 ounces of fluid per day. (2) Access to appropriate dietary supplements. (3) Caloric supplementation as medically appropriate not from processed meats associated with listeriosis. SEC. 609. GENDER-RESPONSIVE DISCIPLINE POLICIES. (a) Generally.--The Director, in consultation with the Director of the Women and Special Populations Branch, the Director of the Health Services Division, and in consultation with experts in correctional standards for gender-responsive sanctions, shall develop gender- responsive policies for discipline, which shall-- (1) include a review of the existing Bureau of Prisons' discipline and sanctions policies to evaluate where policies are not gender-responsive, and to include gender-responsive mission statements and goals and revise all policies and standards to be gender-responsive; (2) ensure that revised policies focus on safety, motivation of incarcerated person behavior, and incarcerated person self-management, including through methods to teach incarcerated persons alternatives to rule violating behaviors before such behaviors are displayed; (3) include an understanding of gender-based peer dynamics and relationships; (4) acknowledge trauma, and how many rule violating behaviors have roots in traumatic experiences; (5) address gender-responsive and trauma-informed approaches with female incarcerated persons; (6) review common incarcerated person violation behavior based on gender, and determine what sanctions and supports are available to respond to the range of common behaviors, based on gender; (7) determine which sanctions can be reduced or eliminated based on research and best practices, and which sanctions can be added to achieve better outcomes with female incarcerated persons, with a focus on sanctions that reinforce motivation and rehabilitation rather than a punitive response; and (8) eliminate the use of extremely punitive sanctions, including shackling and segregated housing, except in circumstances when an incarcerated person presents a severe danger to other staff or incarcerated persons, and create gender-responsive policies for the use of such sanctions. (b) Visitation as a Disciplinary Tool.--The Director shall ensure that loss of visitation privileges, including in-person, video, electronic, phone, and physical mail opportunities, is reserved as a sanction in only high and greatest severity level offenses by incarcerated persons. (c) Discipline Report.--Beginning on the date that is 1 year after the date of enactment of this title, and annually thereafter, the Attorney General shall submit a report to the Committees on the Judiciary of the Senate and the House of Representatives that contains the following information for the previous calendar year: (1) The number of incarcerated persons who are sanctioned for prohibited acts, disaggregated by race, gender, and age. (2) The number of incarcerated persons who are sanctioned for greatest severity level offenses, high severity level offenses, moderate severity level offenses, low severity level offenses, disaggregated by race, gender, and age. (3) The number of incarcerated persons who lose good conduct time as a sanction, the reason for loss of good conduct time, and the amount of good conduct time lost, disaggregated by race, gender, and age. (4) The type of sanctions imposed for all greatest level severity offenses, disaggregated by race, gender, and age of the incarcerated person. (5) The type of sanctions imposed for all high level severity offenses, disaggregated by race, gender, and age of the incarcerated person. (6) The type of sanctions imposed for all moderate level severity offenses, disaggregated by race, gender, and age of the incarcerated person. (7) The type of sanctions imposed for all low level severity offenses, disaggregated by race, gender, and age of the incarcerated person. (8) All sanctions imposed on mentally ill incarcerated persons, disaggregated by race, gender, and age of the incarcerated person. SEC. 610. EXPANDING ACCESS TO THE MOTHERS AND INFANTS NURTURING TOGETHER PROGRAM AND THE RESIDENTIAL PARENTING PROGRAM. (a) Notice.--The Director shall ensure that every correctional officer and employee, and every female incarcerated person admitted into the Bureau of Prisons, is given notice of the Washington State Department of Corrections' Residential Parenting Program and the Mothers and Infants Nurturing Together Program, and of the eligibility requirements for each program. (b) Eligibility.--The Director shall revise eligibility requirements for the Residential Parenting Program and the Mothers and Infants Nurturing Together Program to ensure that all incarcerated persons who have given birth while in the custody of the Bureau of Prisons have access to both programs, except in limited circumstances where the female incarcerated person presents a risk of danger to herself or others, and without regard to citizenship status or criminal charge. (c) Review of Exclusions.--In the case of a female incarcerated person who has been pregnant or given birth while in the custody of the Bureau of Prisons, and has been excluded from participation in the Washington State Department of Corrections' Residential Parenting Program and the Mothers and Infants Nurturing Together Program eligibility, such exclusion shall be reviewed by the Director of the Women and Special Populations Branch, or the Director's designee who must be a licensed psychologist. (d) Reports.--Beginning on the date that is 1 year after the date of enactment of this title, and annually thereafter, the Attorney General shall submit a report to the Committees on the Judiciary of the Senate and the House of Representatives and the Subcommittees on Commerce, Justice, Science, and Related Agencies of the Committees on Appropriations of the Senate and the House of Representatives that contains the following information about the Washington State Department of Corrections' Residential Parenting Program and the Mothers and Infants Nurturing Together Program: (1) The number of women who have been pregnant or given birth while in the custody of the Bureau of Prisons. (2) The number of women who participate in the Washington State Department of Corrections' Residential Parenting Program and the Mothers and Infants Nurturing Together Program, including-- (A) the number of participants who start each program; and (B) the number of participants who complete each program. (3) For all incarcerated persons who enter each program and do not complete each program, the reasons for failure to complete the program. (4) The number of available, unused program participation incarcerated person spaces. (5) The number of female incarcerated persons who have been pregnant or given birth while in the custody of the Bureau of Prisons who have been excluded from participation in the programs by the Bureau of Prisons or personal preference, and the reasons for such exclusion. SEC. 611. REPORT ON FAILURE TO COMPLY WITH THE 500 MILE RULE. Beginning on the date that is 1 year after the date of enactment of this title, and annually thereafter, the Director of the Bureau of Prisons shall submit a report on compliance with the requirements under section 3621(b) of title 18, United States Code, to the Committees on the Judiciary of the Senate and the House of Representatives and the Subcommittees on Commerce, Justice, Science, and Related Agencies of the Committees on Appropriations of the Senate and the House of Representatives that contains-- (1) the number of incarcerated persons who are not placed in a facility that is within 500 miles of their primary residence; (2) for each incarcerated person who is not placed in a facility that is within 500 miles of his or her primary residence, the reason for such placement; (3) for each incarcerated person who is not placed in a facility that is within 500 miles of his or her primary residence, the number of miles from the prisoner's primary residence to the facility where such prisoner is placed; and (4) for each incarcerated person who is not placed at a facility within 500 miles of his or her primary residence, whether such incarcerated person has received any visits in the previous calendar year, and if so, how many. SEC. 612. GAO STUDY ON REPRESENTATION IN THE BUREAU OF PRISONS. The Comptroller General of the United States shall conduct a study of the best practices as of the date of enactment of this Act in recruiting and retaining women as correctional officers within the Bureau of Prisons. This report shall also include practices which have been counterproductive to any such effort. Additionally the report shall detail the demographics of the Bureau workforce as of the date of the study, disaggregated by age, racial, ethnic, and gender composition. SEC. 613. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this title $5,000,000 for each of fiscal years 2023 through 2027. Not less than 30 percent of such funding shall be used for salaries and benefits and increased employment mandates as provided under this title. TITLE VII--GENDER-INFORMED REENTRY REFORM SEC. 701. FOCUS ON WOMEN AT RESIDENTIAL REENTRY CENTERS AND IN COMMUNITY CONFINEMENT. The Director shall ensure that placement of incarcerated persons into prerelease custody through community confinement, which shall include residential reentry centers, community treatment centers, halfway houses, restitution centers, mental health facilities, alcohol or drug rehabilitation centers, or other community correctional facilities, shall-- (1) in the case of an incarcerated person who is a custodial parent of a minor child, permit the visitation with such child or residence with such child; (2) shall ensure that such placement provides adequate gender-appropriate hygiene, healthcare, and nutrition needs; and (3) in the case of an incarcerated person who is a victim of domestic violence, dating violence, sexual assault, that such incarcerated person be permitted the ability to reside in a safe, and if necessary confidential, community confinement dwelling. SEC. 702. FOCUSING SUPERVISION ON THE REHABILITATION OF WOMEN. (a) Training Requirement.--The Chief United States Probation Officer shall ensure that all training for probation officers shall include-- (1) that all individuals enrolled in the academy fulfill a training session on gender-informed supervision practices; and (2) gender-informed supervision practices shall include evidence-based training on the specific needs of women who enter the justice system and have been incarcerated, and shall include training on trauma, sexual and physical abuse, family issues, physical and mental health issues, hygiene issues, racial disparities in the arrests of and law enforcement contacts with women, and issues related to the supervision and arrest of parents, including the identification and appropriate responses to a child, present or not present, whose parent is supervised, arrested, searched, or otherwise, in order to help minimize potential trauma and support a child's physical safety and well-being. (b) Successful Rehabiliation.--Section 3603(3) of title 18, United States Code, is amended by striking ``to aid a probationer or a person on supervised release who is under his supervision, and to bring about improvements in his conduct and condition'' and inserting ``to effect the successful rehabilitation and reintegration of a probationer or a person on supervised release into society, using trauma-informed and restorative techniques with an understanding of the collateral consequences of conviction''. SEC. 703. GENDER-RESPONSIVE MODIFICATION OF SUPERVISED RELEASE RESTRICTIONS. Section 3583 of title 18, United States Code, is amended-- (1) in subsection (e), by inserting ``and after consideration of any basis for difficulty in compliance by the defendant, including parental obligations, poverty, substance use disorders, mental health disorders, or otherwise'' after ``(a)(7)''; and (2) in subsection (g)-- (A) in paragraph (2), by inserting ``or'' at the end; (B) in paragraph (3), by striking ``or''; and (C) by striking paragraph (4). TITLE VIII--DEFINITIONS SEC. 801. DEFINITIONS. In this Act, the terms ``gender-responsive'', ``trauma-informed'', and ``victim-centered'' as used within this Act shall have the meanings given such terms in rules made by the Substance Abuse and Mental Health Services Administration. <all>

Women in Criminal Justice Reform Act

To provide for improvements in the treatment of women in the criminal justice system.

Women in Criminal Justice Reform Act

Rep. Bass, Karen

D

CA

S.3215

Transportation and Public Works

USACE Military Personnel Augmentation Act of 2021 Currently, regular Corps officers and reserve Army officers assigned to the Corps are entitled to receive pay and allowances from funds appropriated for the project that they are working on. The bill entitles warrant officers and enlisted members of the Army, whether regular or reserve, to receive such pay and allowances when assigned to the Corps.

To amend the Act of August 10, 1956, to provide for the payment of pay and allowances for certain officers of the Army who are assigned to the Corps of Engineers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``USACE Military Personnel Augmentation Act of 2021''. SEC. 2. PAYMENT OF PAY AND ALLOWANCES OF CERTAIN OFFICERS FROM APPROPRIATION FOR IMPROVEMENTS. Section 36 of the Act of August 10, 1956 (70A Stat. 634, chapter 1041; 33 U.S.C. 583a), is amended-- (1) by striking ``Regular officers of the Corps of Engineers of the Army, and reserve officers of the Army who are assigned to the Corps of Engineers,'' and inserting the following: ``(a) In General.--The personnel described in subsection (b)''; and (2) by adding at the end the following: ``(b) Personnel Described.--The personnel referred to in subsection (a) are the following: ``(1) Regular officers of the Corps of Engineers of the Army. ``(2) The following members of the Army who are assigned to the Corps of Engineers: ``(A) Reserve component officers. ``(B) Warrant officers (whether regular or reserve component). ``(C) Enlisted members (whether regular or reserve component).''. <all>

USACE Military Personnel Augmentation Act of 2021

A bill to amend the Act of August 10, 1956, to provide for the payment of pay and allowances for certain officers of the Army who are assigned to the Corps of Engineers.

USACE Military Personnel Augmentation Act of 2021

Sen. Rounds, Mike

R

SD

H.R.2295

Health

HIV Epidemic Loan-Repayment Program Act of 2021 or the HELP Act of 2021 This bill directs the Health Resources and Services Administration (HRSA) to carry out a loan repayment program for certain health care providers who agree to provide HIV treatment or HIV dental care in (1) a designated health professional shortage area, (2) a clinical site that is funded under the Ryan White HIV/AIDS Program, or (3) an area that meets requirements specified by HRSA. For each qualifying year of service, HRSA pays one-fifth of the principal and interest on any eligible loan, with total loan repayment after five years; repayment is capped at $250,000 per borrower.

To amend title VII of the Public Health Service Act to provide for a loan repayment program for the HIV clinical and dental workforce, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``HIV Epidemic Loan-Repayment Program Act of 2021'' or the ``HELP Act of 2021''. SEC. 2. LOAN REPAYMENT PROGRAM FOR HIV CLINICAL AND DENTAL WORKFORCE. Part C of title VII of the Public Health Service Act (42 U.S.C. 293k et seq.) is amended by adding at the end the following: ``Subpart III--Loan Repayment Program for HIV Clinical and Dental Workforce ``SEC. 749C. LOAN REPAYMENT PROGRAM FOR HIV CLINICAL AND DENTAL WORKFORCE. ``(a) In General.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall carry out a program under which-- ``(1) the Secretary enters into agreements with physicians, advanced practice registered nurses, physician assistants, clinical pharmacists, and dentists to make payments in accordance with subsection (b) on the principal of and interest on any eligible loan; and ``(2) the individuals each agree to the requirements of service in HIV treatment or HIV dental care employment, as described in subsection (d). ``(b) Payments.--For each year of obligated service by an individual pursuant to an agreement under subsection (a), the Secretary shall make a payment to such individual as follows: ``(1) Service in a shortage area.--The Secretary shall pay-- ``(A) for each year of obligated service by an individual pursuant to an agreement under subsection (a), \1/5\ of the principal of and interest on each eligible loan of the individual which is outstanding on the date the individual began service pursuant to the agreement; and ``(B) for completion of the fifth and final year of such service, the remainder of such principal and interest. ``(2) Maximum amount.--The total amount of payments under this section to any individual shall not exceed $250,000. ``(c) Eligible Loans.--The loans eligible for repayment under this section are each of the following: ``(1) Any loan for education or training for HIV treatment employment. ``(2) Any loan under part E of title VIII (relating to nursing student loans). ``(3) Any Federal Direct Stafford Loan, Federal Direct PLUS Loan, Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan (as such terms are used in section 455 of the Higher Education Act of 1965). ``(4) Any Federal Perkins Loan under part E of title I of the Higher Education Act of 1965. ``(5) Any other Federal loan as determined appropriate by the Secretary. ``(d) Requirements of Service.--Any individual receiving payments under the program under this section as required by an agreement under subsection (a) shall agree to an annual commitment to full-time employment, with no more than 1 year passing between any 2 years of HIV treatment employment in the United States in a service area that is-- ``(1) a health professional shortage area, as designated under section 332; ``(2) a clinical site awarded a grant or other assistance under title XXVI for the provision of clinical or dental services; or ``(3) an area that meets criteria specified pursuant to subsection (f). ``(e) Waivers for Half-Time Service.-- ``(1) In general.--The Secretary may issue waivers to individuals who have entered into a contract for obligated service under this section under which the individuals are authorized to satisfy the requirement of obligated service through providing service that is half time. ``(2) Applicable provisions.--The provisions of subparts II and III of part D of title III respecting waivers under section 331(i) and half-time service pursuant to such waivers shall apply to waivers and half-time service under this section to the same extent and in the same manner as such provisions apply with respect to the National Health Service Corps Loan Repayment Program. ``(f) Criteria for Additional Service Areas.--Not later than 180 days after the date of the enactment of this section, the Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish criteria for additional service areas for purposes of the requirement under subsection (d). ``(g) Ineligibility for Double Benefits.--No borrower may, for the same service, receive a reduction of loan obligations or a loan repayment under both-- ``(1) this section; and ``(2) any federally supported loan forgiveness program, including under section 338B, 338I, or 846 of this Act, or section 428J, 428L, 455(m), or 460 of the Higher Education Act of 1965. ``(h) Breach.-- ``(1) Liquidated damages formula.--The Secretary may establish a liquidated damages formula to be used in the event of a breach of an agreement entered into under subsection (a). ``(2) Limitation.--The failure by an individual to complete the full period of service obligated pursuant to such an agreement, taken alone, shall not constitute a breach of the agreement, so long as the individual completed in good faith the years of service for which payments were made to the individual under this section. ``(i) Additional Criteria.--The Secretary-- ``(1) may establish such criteria and rules to carry out this section as the Secretary determines are needed and in addition to the criteria and rules specified in this section; and ``(2) shall give notice to the committees specified in subsection (j) of any criteria and rules so established. ``(j) Report to Congress.--Not later than 5 years after the date of the enactment of this section, and every other year thereafter, the Secretary shall prepare and 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 a report on-- ``(1) the number, provider type, and location of borrowers who have qualified for loan repayments under this section; and ``(2) the impact of this section on the availability of HIV clinical care and treatment or HIV dental care nationally, in shortage areas, and in States, counties, and other jurisdictions targeted by the Federal End the HIV Epidemic Initiative. ``(k) Definition.--In this section: ``(1) The term `HIV' means the human immunodeficiency virus. ``(2) The term `HIV treatment employment' means employment (including a fellowship)-- ``(A) as a physician, physician assistant, advanced practice registered nurse, clinical pharmacist, dentist, or other relevant practitioner licensed or certified in accordance with applicable State and Federal law, where the primary intent and function of the position is the direct treatment and care of persons living with HIV; and ``(B) which is located at an HIV treatment program, which could be affiliated with a private practice, community health center, telehealth platform, migrant health center, academic medical center, hospital, rural health program, health program or facility operated by an Indian tribe or tribal organization, Federal medical facility, or any other facility as determined appropriate for purposes of this section by the Secretary. ``(3) The terms `Indian tribe' and `tribal organization' have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act. ``(4) The term `jurisdiction' means a city, town, county, or other public body created by or pursuant to State law, or an Indian tribe. ``(l) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2022 through 2027.''. <all>

HELP Act of 2021

To amend title VII of the Public Health Service Act to provide for a loan repayment program for the HIV clinical and dental workforce, and for other purposes.

HELP Act of 2021 HIV Epidemic Loan-Repayment Program Act of 2021

Rep. Blunt Rochester, Lisa

D

DE

S.4065

Taxation

Opportunity Zones Transparency, Extension, and Improvement Act This bill revises rules and reinstates reporting requirements relating to qualified opportunity zones (economically distressed communities where new investments, under specified conditions, may be eligible for preferential tax treatment). Specifically, the bill terminates the designation of zones that are disqualified due to median family income exceeding 130% of national median family income and permits states to identify and expand terminations of such zones. The bill also reinstates reporting requirements for qualified opportunity zones and imposes penalties for noncompliance with such requirements, extends the opportunity zones temporary deferral period for qualifying capital gain through 2028, and establishes a State and Community Dynamism Fund to support public and private investment in qualified opportunity zones.

To amend the Internal Revenue Code of 1986 to modify the rules relating to qualified opportunity zones, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Opportunity Zones Transparency, Extension, and Improvement Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The 8,764 population census tracts designated as qualified opportunity zones under section 1400Z-1 of the Internal Revenue Code of 1986 span across all 50 States, the District of Columbia, and 5 Territories and overwhelmingly represent communities that have been economically left behind as the American economy has surged forward. (2) The average poverty rate of qualified opportunity zone residents is 26.4 percent. (3) Fifty-four percent of the country's pockets of concentrated persistent poverty--meaning census tracts in which at least 40 percent of the population has lived in poverty since at least 1980--are qualified opportunity zones. (4) More adults in qualified opportunity zones lack a high school diploma than have a four-year college degree. (5) The Investing in Opportunity Act, which originally proposed opportunity zones, originally incorporated reporting requirements to evaluate the impact the incentive will have on designated communities and it is critical that Congress act to reinstate reporting requirements as soon as possible. TITLE I--MODIFICATION OF POPULATION CENSUS TRACTS DESIGNATED AS QUALIFIED OPPORTUNITY ZONES SEC. 101. MODIFICATION OF POPULATION CENSUS TRACTS DESIGNATED AS QUALIFIED OPPORTUNITY ZONES. Section 1400Z-1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Disqualification of Certain Population Census Tracts.-- ``(1) In general.--Except as provided in paragraph (5), any disqualified census tract shall not be treated as a qualified opportunity zone for any period after the date that is 30 days after the date on which the Secretary publishes the final list of disqualified census tracts under paragraph (4)(B). ``(2) Replacement zones.-- ``(A) In general.--The chief executive officer of a State may nominate additional population census tracts to replace any population census tract the designation of which as a qualified opportunity zone was terminated by reason of paragraph (1). Except as otherwise provided in this paragraph, the rules of subsections (b), (c), (d), and (f) shall apply to any population census tract nominated under this paragraph. ``(B) Consultation.--No population census tract nominated under subparagraph (A) may be designated as a qualified opportunity zone unless the chief executive officer of the State certifies in writing to the Secretary that the chief executive officer has consulted with the chief executive officer (or the equivalent) of each local jurisdiction in which the population census tract is located. ``(C) Special rules.--For purposes of this subchapter-- ``(i) any population census tract which is a disqualified census tract (as defined in paragraph (3) without regard to subparagraph (A)(i) thereof) may not be nominated as a qualified opportunity zone under this paragraph, ``(ii) the determination period with respect to a nomination under subparagraph (A) shall be the 45-day period beginning on the date on which the Secretary publishes the final list of disqualified census tracts under paragraph (4)(B), as extended under subsection (b)(2), and ``(iii) the period for which any such designation is in effect shall be the period beginning on the date such designation takes effect and ending on the last day of the 10th calendar year beginning on or after the designation date as a qualified opportunity zone for the population census tract which it is replacing as such a zone by reason of the termination under paragraph (1). ``(D) Regulations and guidance.--The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this paragraph. ``(3) Disqualified census tract.--For purposes of this subsection-- ``(A) In general.--The term `disqualified census tract' means any population census tract which-- ``(i) was designated as a qualified opportunity zone before the date of the enactment of this subsection, and ``(ii) is described in subparagraph (B) or (C). ``(B) High median family income tracts.-- ``(i) In general.--Except as provided in clauses (ii) and (iii), a population census tract is described in this subparagraph if the median family income for such tract exceeds 130 percent of the national median family income. ``(ii) Exception.--Clause (i) shall not apply if the poverty rate of such population census tract (excluding students enrolled in an institution of higher education (as defined in section 101 of the Higher Education Act of 1965)) is equal to or greater than 30 percent. ``(iii) Request to retain designation for certain population census tracts.--Clause (i) shall not apply if the Secretary, upon a request of the chief executive officer of the State made not later than 60 days after the date the Secretary publishes the list described in paragraph (4)(A), determines that-- ``(I) the designation of such population census tract was consistent with the purposes of this subchapter, or ``(II) the median family income for the population census tract does not exceed 130 percent of the national median family income. ``(C) Election to include additional population census tracts.-- ``(i) In general.--A population census tract is described in this subparagraph if the Secretary, upon the request of the chief executive officer of the State submitted not later than 60 days after the date the Secretary publishes the list described in paragraph (4)(A), determines that the continued designation of such population census tract as a qualified opportunity zone is not consistent with the purposes of this subchapter. ``(ii) Regulations and guidance.--Not later than 12 months after the date of the enactment of this subsection, the Secretary shall issue regulations or guidance with respect to the criteria to be used for making a determination by the Secretary under clause (i). ``(4) Identification and publication of disqualified census tracts.-- ``(A) Initial identification.--As soon as practical, but not later than 12 months after the date of the enactment of this subsection, the Secretary shall make public-- ``(i) a list of population census tracts described in paragraph (3)(B) (determined without regard to clause (iii) thereof), and ``(ii) a list of population census tracts which are low-income communities and were not designated as a qualified opportunity zone before the date of enactment of this subsection. ``(B) Final list of disqualified census tracts.-- Not later than 105 days after the date the Secretary publishes the list described in subparagraph (A), the Secretary shall make public a final list of disqualified census tracts. ``(5) Rules for qualified preexisting investments.-- ``(A) In general.--For purposes of this subchapter, section 1400Z-2 shall be applied without regard to paragraph (1) with respect to any qualified preexisting trade or business. ``(B) Qualified preexisting trade or business.--For purposes of this paragraph-- ``(i) In general.--The term `qualified preexisting trade or business' means any trade or business of a qualified opportunity zone fund or qualified opportunity zone business which meets the requirements of clauses (ii) and (iii) of section 1400Z-2(d)(3)(A) and which-- ``(I) before the date of the enactment of this subsection, filed a registration statement under the Securities Act of 1933 (15 U.S.C. 77a et seq.) or prepared any comparable offering memorandum or similar disclosure document provided in reliance on section 230.506 of title 17, Code of Federal Regulations (or successor regulations), promulgated under the Securities Act of 1933, that discloses the intent of such trade or business to invest in the disqualified census tract, ``(II) before the first date on which the disqualified census tract appears on any list published under paragraph (4), has made, or has entered into to binding agreements to make, investments in the disqualified census tract which-- ``(aa) aggregate more than $250,000, and ``(bb) have been designated in writing for the use in, or the development of, such trade or business, or ``(III) is determined by the Secretary to have relied on the designation of the disqualified census tract as a qualified opportunity zone and to have suffered a loss as a result of the application of paragraph (1). ``(ii) Trade or business.--The term `trade or business' includes any activity intended to qualify as a trade or business within the meaning of section 162. ``(C) Regulations and guidance.--The Secretary shall prescribe such regulations or guidance as may be necessary or appropriate to carry out the purposes of this paragraph, including guidance to prevent speculative investment solely for the purpose of falling within the definition of a qualified preexisting trade or business. ``(6) Determination of population census tract data.--For purposes of applying this subsection, in determining whether a population census tract meets any qualification with respect to poverty rate or any aspect of median income, such determination shall be made using the most recent census data that has been published by the Bureau of the Census as of the date of enactment of this subsection.''. SEC. 102. CERTAIN FORMER INDUSTRIAL TRACTS PERMITTED TO BE DESIGNATED AS OPPORTUNITY ZONES. Section 1400Z-1 of the Internal Revenue Code of 1986, as amended by section 101, is amended by adding at the end the following new subsection: ``(h) Special Rule for Former Industrial Tracts Contiguous to Designated Opportunity Zones.-- ``(1) In general.--For purposes of this chapter, the term `qualified opportunity zone' means an population census tract which is described in paragraph (2) and designated as a qualified opportunity zone under this subsection. ``(2) Population census tract described.--A population census tract is described in this subparagraph if-- ``(A) the tract-- ``(i) has a population of zero, ``(ii) was previously used for industrial purposes and is a brownfield industrial site, and ``(iii) is contiguous, including by water, to a population census tract on at least 1 side that has been designated as a qualified opportunity zone under this section, or ``(B) the tract was merged, as a result of the 2020 decennial census, into a census tract described in subparagraph (A)(iii) and met all requirements described in subparagraph (A). ``(3) Designation.--For purposes of paragraph (1), a population census tract that is described in paragraph (2) is designated as a qualified opportunity zone if-- ``(A) not later than 30 days after the date of the enactment of this subsection, the chief executive officer of the State in which the tract is located-- ``(i) nominates the tract for designation as a qualified opportunity zone, and ``(ii) notifies the Secretary in writing of such nomination, and ``(B) not later than 30 days after receiving the notification under subparagraph (A)(ii), the Secretary certifies such nomination and designates such tract as a qualified opportunity zone. ``(4) Determination of census tract information.--For purposes of this subsection, the boundaries and population of a census tract shall be determined based on United States Census Bureau data for the 2010 decennial census. ``(5) Number of designations.--Population census tracts designated as a qualified opportunity zone under this subsection shall not be taken into account for purposes of subsection (d). ``(6) Definitions.--For purposes of this subsection-- ``(A) Brownfield industrial site.--The term `brownfield industrial site' means a population census tract that includes real property the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance or pollutant or contaminant, including real property covered by a prospective purchaser agreement or similar agreement entered into by the Environmental Protection Agency or the appropriate State authority. ``(B) Hazardous substance.--The term `hazardous substance' means-- ``(i) a hazardous substance as defined in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(14)), or ``(ii) petroleum or a petroleum product. ``(C) Pollutant or contaminant.--The term `pollutant or contaminant' has the meaning given such term in section 101(33) of such Act.''. TITLE II--INFORMATION REPORTING REQUIREMENTS SEC. 201. INFORMATION REPORTING ON QUALIFIED OPPORTUNITY FUNDS. (a) In General.-- (1) Filing requirements for funds and investors.--Subpart A of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by inserting after section 6039J the following new sections: ``SEC. 6039K. RETURNS WITH RESPECT TO QUALIFIED OPPORTUNITY FUNDS. ``(a) In General.--Every qualified opportunity fund shall file an annual return (at such time and in such manner as the Secretary may prescribe) containing the information described in subsection (b). ``(b) Information From Qualified Opportunity Funds.--The information described in this subsection is-- ``(1) the name, address, and taxpayer identification number of the qualified opportunity fund, ``(2) whether the qualified opportunity fund is organized as a corporation or a partnership, ``(3) the value of the total assets held by the qualified opportunity fund as of each date described in section 1400Z- 2(d)(1), ``(4) the value of all qualified opportunity zone property held by the qualified opportunity fund on each such date, ``(5) with respect to each investment held by the qualified opportunity fund in qualified opportunity zone stock or a qualified opportunity zone partnership interest-- ``(A) the name, address, and taxpayer identification number of the corporation in which such stock is held or the partnership in which such interest is held, as the case may be, ``(B) each North American Industry Classification Code that applies to the trades or businesses conducted by such corporation or partnership, ``(C) the population census tracts in which the qualified opportunity zone business property of such corporation or partnership is located, ``(D) the amount of the investment in such stock or partnership interest as of each date described in section 1400Z-2(d)(1), ``(E) the value of tangible property held by such corporation or partnership on each such date which is owned by such corporation or partnership, ``(F) the value of tangible property held by such corporation or partnership on each such date which is leased by such corporation or partnership, ``(G) the approximate number of residential units (if any) for any real property held by such corporation or partnership, and ``(H) the approximate average monthly number of full-time equivalent employees of such corporation or partnership for the year (within numerical ranges identified by the Secretary) or such other indication of the employment impact of such corporation or partnership as determined appropriate by the Secretary, ``(6) with respect to the items of qualified opportunity zone business property held by the qualified opportunity fund-- ``(A) the North American Industry Classification Code that applies to the trades or businesses in which such property is held, ``(B) the population census tract in which the property is located, ``(C) whether the property is owned or leased, ``(D) the aggregate value of the items of qualified opportunity zone property held by the qualified opportunity fund as of each date described in section 1400Z-2(d)(1), and ``(E) in the case of real property, number of residential units (if any), ``(7) the approximate average monthly number of full-time equivalent employees for the year of the trades or businesses of the qualified opportunity fund in which qualified opportunity zone business property is held (within numerical ranges identified by the Secretary) or such other indication of the employment impact of such trades or businesses as determined appropriate by the Secretary, ``(8) with respect to each person who disposed of an investment in the qualified opportunity fund during the year-- ``(A) the name and taxpayer identification number of such person, ``(B) the date or dates on which the investment disposed was acquired, and ``(C) the date or dates on which any such investment was disposed and the amount of the investment disposed, and ``(9) such other information as the Secretary may require. ``(c) Statement Required To Be Furnished to Investors.--Every person required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return by reason of subsection (b)(9) a written statement showing-- ``(1) the name, address and phone number of the information contact of the person required to make such return, and ``(2) the information required to be shown on such return by reason of subsection (b)(9) with respect to such person. ``(d) Definitions.--For purposes of this section-- ``(1) In general.--Any term used in this section which is also used in subchapter Z of chapter 1 shall have the meaning given such term under such subchapter. ``(2) Full-time equivalent employees.--The term `full-time equivalent employees' means, with respect to any month, the sum of-- ``(A) the number of full-time employees (as defined in section 4980H(c)(4)) for the month, plus ``(B) the number of employees determined (under rules similar to the rules of section 4980H(c)(2)(E)) by dividing the aggregate number of hours of service of employees who are not full-time employees for the month by 120. ``SEC. 6039L. INFORMATION ON PERSONS INVESTING IN QUALIFIED OPPORTUNITY FUNDS. ``(a) In General.--Every taxpayer who makes an investment in a qualified opportunity fund shall provide an annual statement (at such time and in such manner as the Secretary may prescribe) containing the information described in subsection (b) with respect to each such investment. ``(b) Information From Investors.--The information described in this subsection is-- ``(1) the name, address, and taxpayer identification number of the taxpayer, ``(2) the name and taxpayer identification number of the qualified opportunity fund in which the investment was made, ``(3) a description of such investment, ``(4) the date such investment was made, ``(5) the amount of short-term and long-term capital gains for which an election was made under section 1400Z-2(a)(1) for such investment, ``(6) in the case of any disposition of any investment in a qualified opportunity fund during the taxable year-- ``(A) a description of the investment disposed, ``(B) the date of the disposition, and ``(C) the amount of any previously deferred short- term and long-term capital gain included in income as a result of such disposition, and ``(7) such other information as the Secretary may require. ``(c) Definitions.--Any term used in this section which is also used in subchapter Z of chapter 1 shall have the meaning given such term under such subchapter. ``SEC. 6039M. INFORMATION REQUIRED FROM CERTAIN QUALIFIED OPPORTUNITY ZONE BUSINESSES. ``(a) In General.--Every applicable qualified opportunity zone business shall furnish to the qualified opportunity fund described in subsection (b) a written statement in such manner and setting forth such information as the Secretary may by regulations prescribe for purposes of enabling such qualified opportunity fund to meet the requirements of section 6039(b)(5). ``(b) Applicable Qualified Opportunity Zone Business.--For purposes of subsection (a), the term `applicable qualified opportunity zone business' means any qualified opportunity zone business (as defined in section 1400Z-2(d)(3))-- ``(1) which is a trade or business of a qualified opportunity fund, ``(2) in which a qualified opportunity fund holds qualified opportunity zone stock, or ``(3) in which a qualified opportunity fund holds a qualified opportunity zone partnership interest. ``(c) Other Terms.--Any term used in this section which is also used in subchapter Z of chapter 1 shall have the meaning given such term under such subchapter.''. (2) Penalties.-- (A) In general.--Part II of subchapter B of chapter 68 of the Internal Revenue Code of 1986 is amended by inserting after section 6725 the following new section: ``SEC. 6726. FAILURE TO COMPLY WITH INFORMATION REPORTING REQUIREMENTS RELATING TO QUALIFIED OPPORTUNITY FUNDS. ``(a) Information Returns by Qualified Opportunity Funds.-- ``(1) In general.--In the case of any person required to file a return under section 6039K fails to file a complete and correct return under such section in the time and in the manner prescribed therefor, such person shall pay a penalty of $500 for each day during which such failure continues. ``(2) Limitation.-- ``(A) In general.--The maximum penalty under this subsection on failures with respect to any 1 return shall not exceed $10,000. ``(B) Large qualified opportunity funds.--In the case of any failure described in paragraph (1) with respect to a fund the gross assets of which (determined on the last day of the taxable year) are in excess of $10,000,000, subparagraph (A) shall be applied by substituting `$50,000' for `$10,000'. ``(3) Penalty in cases of intentional disregard.--If a failure described in paragraph (1) is due to intentional disregard, then-- ``(A) paragraph (1) shall be applied by substituting `$2,500' for `$500', ``(B) paragraph (2)(A) shall be applied by substituting `$50,000' for `$10,000', and ``(C) paragraph (2)(B) shall be applied by substituting `$250,000' for `$50,000'. ``(4) Inflation adjustment.-- ``(A) In general.--In the case of any failure relating to a return required to be filed in a calendar year beginning after 2023, each of the dollar amounts in paragraphs (1), (2), and (3) shall be increased by an amount equal to such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) for the calendar year determined by substituting `calendar year 2022' for `calendar year 2016' in subparagraph (A)(ii) thereof. ``(B) Rounding.-- ``(i) In general.--If the $500 dollar amount in paragraphs (1) and (3)(A) or the $2,500 amount in paragraph (3)(A), after being increased under subparagraph (A), is not a multiple of $10, such dollar amount shall be rounded to the next lowest multiple of $10. ``(ii) Asset threshold.--If the $10,000,000 dollar amount in paragraph (2)(B), after being increased under subparagraph (A), is not a multiple of $10,000, such dollar amount shall be rounded to the next lowest multiple of $10,000. ``(iii) Other dollar amounts.--If any dollar amount in paragraph (2) or (3) (other than any amount to which clause (i) or (ii) applies), after being increased under subparagraph (A), is not a multiple of $1,000, such dollar amount shall be rounded to the next lowest multiple of $1,000. ``(b) Statements by Investors.-- ``(1) In general.--If-- ``(A) any person is required to file a statement under section 6039L for any period, and ``(B) fails-- ``(i) to file such statement on or before the required filing date, or ``(ii) fails to include all of the information required to be shown on the statement or includes incorrect information, such person shall pay a penalty of $5,000. ``(2) Reduction where correction in specified period.--If any failure described in paragraph (1)(B) is corrected on or before the day 60 days after the required filing date, the penalty imposed by paragraph (1) shall be $500 in lieu of the amount determined under such paragraph. ``(3) De minimis errors.--If-- ``(A) there are one or more such failures described in paragraph (1)(B)(ii) relating to an incorrect dollar amount, and ``(B) no single amount in error differs from the correct amount by more than $100, then no correction shall be required, and, for purposes of this section, such statement shall be treated as having been filed with all correct required information. ``(4) Penalty in cases of intentional disregard.--If one or more failures described in paragraph (1)(B) are due to intentional disregard of the filing requirement (or the correct information reporting requirement), then, with respect to each such failure-- ``(A) paragraphs (2) and (3) shall not apply, and ``(B) the amount of the penalty determined under paragraph (1) shall be $25,000. ``(5) Inflation adjustment.-- ``(A) In general.--In the case of any failure relating to a statement required to be filed in a calendar year beginning after 2023, each of the dollar amounts in paragraphs (1), (2), and (4) shall be increased by an amount equal to such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) for the calendar year determined by substituting `calendar year 2022' for `calendar year 2016' in subparagraph (A)(ii) thereof. ``(B) Rounding.--The amount of any increase under subparagraph (A) shall be rounded to the nearest multiple of $100 ($10 in the case of any increase in the amount under paragraph (2)).''. (B) Information required to be sent to other taxpayers.--Section 6724(d)(2) of such Code is amended-- (i) by striking ``or'' at the end of subparagraph (II), (ii) by striking the period at the end of the first subparagraph (JJ) (relating to section 6226) and inserting a comma, (iii) by redesignating the second subparagraph (JJ) (relating to section 6050Y) as subparagraph (KK), (iv) by striking the period at the end of subparagraph (KK) (as redesignated by clause (iii)) and inserting a comma, and (v) by inserting after subparagraph (KK) (as so redesignated) the following new subparagraphs: ``(LL) section 6039K(c) (relating to disposition of qualified opportunity fund investments), or ``(MM) section 6039M (relating to information required from certain qualified opportunity zone businesses).''. (3) Electronic filing.--Section 6011(e) of such Code is amended by adding at the end the following new paragraph: ``(8) Qualified opportunity funds.--Notwithstanding paragraphs (1) and (2), any return filed by a qualified opportunity fund shall be filed on magnetic media or other machine-readable form.''. (4) Clerical amendments.-- (A) The table of sections for subpart A of part III of subchapter A of chapter 61 of such Code is amended by inserting after the item relating to section 6039J the following new items: ``Sec. 6039K. Returns with respect to qualified opportunity funds. ``Sec. 6039L. Information on persons investing in qualified opportunity funds. ``Sec. 6039M. Information required from certain qualified opportunity zone businesses.''. (B) The table of sections for part II of subchapter B of chapter 68 of such Code is amended by inserting after the item relating to section 6725 the following new item: ``Sec. 6726. Failure to comply with information reporting requirements relating to qualified opportunity funds.''. (5) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. (b) Reporting of Data on Opportunity Zone Tax Incentives.-- (1) In general.--As soon as practical after the date of the enactment of this Act, and annually thereafter, the Secretary of the Treasury, or the Secretary's delegate (referred to in this section as the ``Secretary''), in consultation with the Director of the Bureau of the Census and such other agencies as the Secretary determines appropriate, shall make publicly available a report on qualified opportunity funds. (2) Information included.--The report required under paragraph (1) shall include, to the extent available, the following information: (A) The number of qualified opportunity funds. (B) The aggregate dollar amount of assets held in qualified opportunity funds. (C) The aggregate dollar amount of investments made by qualified opportunity funds in qualified opportunity fund property across each industry class under the North American Industry Classification Code. (D) The percentage of population census tracts designated as qualified opportunity zones that have received qualified opportunity fund investments. (E) For each population census tract designated as a qualified opportunity zone, the approximate average monthly number of full-time equivalent employees of the qualified opportunity zone businesses in such qualified opportunity zone for the preceding 12-month period (within numerical ranges identified by the Secretary) or such other indication of the employment impact of such qualified opportunity fund businesses as determined appropriate by the Secretary. (F) The percentage of the total amount of investments made by qualified opportunity funds in-- (i) qualified opportunity zone property which is real property; and (ii) other qualified opportunity zone property. (G) For each population census tract, the aggregate approximate number of residential units resulting from investments made by qualified opportunity funds in real property. (H) The aggregate dollar amount of investments made by qualified opportunity funds in each population census tract. (3) Additional information.-- (A) In general.--Beginning with the report submitted under paragraph (1) for the 6th year after the date of the enactment of this Act, the Secretary shall include in such report the impacts and outcomes of a designation of a population census tract as a qualified opportunity zone as measured by economic indicators, such as job creation, poverty reduction, new business starts, and other metrics as determined by the Secretary. (B) Semi-decennial information.-- (i) In general.--In the case of any report submitted under paragraph (1) in the 6th year or the 11th year after the date of the enactment of this Act, the Secretary shall include the following information: (I) For population census tracts designated as a qualified opportunity zone, a comparison (based on aggregate information) of the factors listed in clause (iii) between the 5-year period ending on the date of the enactment of Public Law 115-97 and the most recent 5-year period for which data is available. (II) For population census tracts designated as a qualified opportunity zone, a comparison (based on aggregate information) of the factors listed in clause (iii) for the most recent 5-year period for which data is available between such population census tracts and a similar population census tracts that were not designated as a qualified opportunity zone. (ii) Control groups.--For purposes of clause (i), the Secretary may combine population census tracts into such groups as the Secretary determines appropriate for purposes of making comparisons. (iii) Factors listed.--The factors listed in this paragraph are the following: (I) The unemployment rate. (II) The number of persons working in the population census tract, including the percentage of such persons who were not residents in the population census tract in the preceding year. (III) Individual, family, and household poverty rates. (IV) Median family income of residents of the population census tract. (V) Demographic information on residents of the population census tract, including age, income, education, race, and employment. (VI) The average percentage of income of residents of the population census tract spent on rent annually. (VII) The number of residences in the population census tract. (VIII) The rate of home ownership in the population census tract. (IX) The average value of residential property in the population census tract. (X) The number of affordable housing units in the population census tract. (XI) The number and percentage of residents in the population census tract that were not employed for the preceding year. (XII) The number of new business starts in the population census tract. (XIII) The distribution of employees in the population census tract by North American Industry Classification Code. (4) Protection of identifiable return information.--In making reports required under this subsection, the Secretary-- (A) shall establish appropriate procedures to ensure that any amounts reported do not disclose taxpayer return information that can be associated with any particular taxpayer or competitive or proprietary information, and (B) if necessary to protect taxpayer return information, may combine information required with respect to individual population census tracts into larger geographic areas. (5) Definitions.--Any term used in this subsection which is also used in subchapter Z of chapter 1 of the Internal Revenue Code of 1986 shall have the meaning given such term under such subchapter. TITLE III--MODIFICATION OF RULES FOR INVESTMENTS IN QUALIFIED OPPORTUNITY FUNDS SEC. 301. EXTENSION OF DEFERRAL PERIOD. (a) In General.--Subparagraph (B) of section 1400Z-2(b)(1) of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2026'' and inserting ``December 31, 2028''. (b) Modification of Basis Rule.--Clause (iv) of section 1400Z- 2(b)(2)(B) of such Code is amended by striking ``7'' each place it appears in the text and in the heading and inserting ``6''. (c) Effective Date.--The amendments made by this section shall apply to amounts invested after December 22, 2017. SEC. 302. MODIFICATION OF DEFINITION OF QUALIFIED OPPORTUNITY FUND. (a) In General.--Section 1400Z-2(d)(1) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) In general.--The term `qualified opportunity fund' means-- ``(A) any qualified feeder fund, or ``(B) any other investment vehicle if-- ``(i) such investment vehicle is organized as a corporation or a partnership for the purpose of investing in qualified opportunity zone property (other than another qualified opportunity fund), and ``(ii) such investment vehicle holds at least 90 percent of its assets in qualified opportunity zone property, determined by the average of the percentage of qualified opportunity zone property held in the fund as measured-- ``(I) on the last day of the first 6-month period of the taxable year of the fund, and ``(II) on the last day of the taxable year of the fund.''. (b) Qualified Feeder Fund.--Section 1400Z-2(d) of such Code is amended by adding at the end the following new paragraph: ``(4) Qualified feeder fund.--The term `qualified feeder fund' means any investment vehicle that invests in a qualified opportunity fund if-- ``(A) such investment vehicle is organized as a domestic partnership for the purpose of investing in one more corporations or partnerships described in paragraph (1)(B), ``(B) all investments made in the investment vehicle are made in cash, and ``(C) not less than 95 percent of the assets of which are equity investments in corporations or partnerships described in paragraph (1)(B).''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. TITLE IV--STATE AND COMMUNITY DYNAMISM FUND SEC. 401. STATE AND COMMUNITY DYNAMISM FUND. (a) Establishment.--There is established a State and Community Dynamism Fund to support public and private investment, including capital for qualified opportunity zones designated under section 1400Z- 1(a) of the Internal Revenue Code of 1986, and existing small business and community economic development programs and incentives, to underserved businesses and communities. (b) Allocation.-- (1) In general.--Funds appropriated to the State and Community Dynamism Fund shall be allocated to States. (2) Formula.-- (A) In general.--The Secretary of the Treasury shall determine the allocation by allocating Federal funds among the States based on the proportion of prime working age adults in each State bears to the total of prime working age adults for all the States. (B) Minimum allocation.--The Secretary shall adjust the allocations under subparagraph (A) for each State to the extent necessary to ensure that no State receives less than 0.9 percent of the Federal funds. (3) Requirement.--To receive an allocation under paragraph (2), a State shall certify that the State will use funds to-- (A) build capacity in high-poverty, underbanked, rural, and otherwise underserved communities; (B) advance investment in minority-, women, and veteran-owned businesses; (C) address workforce development in strategic sectors of the State's economy; and (D) align priorities to support affordably priced housing. (4) Suballocation.--A State may spend funds allocated under this subsection directly or suballocate the funds to other entities, including units of general local government and nonprofits. (5) Eligible uses.--Funds allocated under this subsection shall be used for any eligible use in a low-income community, as defined in section 45D(e) of the Internal Revenue Code of 1986, including for-- (A) operating support and community capacity building, with priority to given to operating support and community capacity building in qualified opportunity zones, including-- (i) personnel to support activities, including coordination, education, and investment; (ii) community-level capacity building, training, and strategic planning; (iii) outreach, technical assistance, and professional services to underserved businesses and underserved opportunity zone fund managers; (B) high-impact projects, including-- (i) predevelopment costs associated with individual Qualified Opportunity Zone projects; and (ii) risk mitigation for qualified opportunity zone funds; and (C) administrative costs, not to exceed 3 percent of the funds allocated. (6) Eligible projects.--Funds used for high-impact project activities, as described in paragraph (5)(B), shall only be used for-- (A) business with less than 200 employees; (B) projects that provide community goods or services, including health care, social services, healthy food access, education, broadband, and culture; or (C) affordable housing with at least 50 percent of the units that are affordable to families making less than 80 percent of area median family income. (7) Prioritization.--A State that receives funds under this section must prioritize activities that-- (A) promote investment in projects that substantially support minorities, as defined in section 1204(c) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 note), or other targeted populations, as defined in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4702); and (B) have demonstrated meaningful engagement with community stakeholders. (c) Authorization of Appropriations.--There is authorized to be appropriated $1,000,000,000 to carry out this section. (d) GAO Audit.--The Comptroller General of the United States shall perform an annual audit of the Fund and submit to the appropriate committees of Congress a report containing the results of the audit. (e) Annual Report.--Not later than March 31 of each year, each State receiving funds under this title shall submit to the Secretary a report on the performance of the State and participating entities in the State that includes-- (1) an accounting of the expenditure of funds received by the State, including on administrative or indirect costs; (2) information on the number and characteristics of participants served under this title; and (3) a summary describing the training, capacity-building, and technical assistance offered by the State and participating entities. (f) Definitions.--In this section: (1) Prime working age adults not employed.--The term ``prime working age adults not employed'' means, with respect to a State, the share of the adult population aged 25 to 54 that was not employed for the most recent year for which data is available. (2) State.--The term ``State'' includes the District of Columbia, any territory or possession of the United States, and any Indian Tribe. <all>

Opportunity Zones Transparency, Extension, and Improvement Act

A bill to amend the Internal Revenue Code of 1986 to modify the rules relating to qualified opportunity zones, and for other purposes.

Opportunity Zones Transparency, Extension, and Improvement Act

Sen. Booker, Cory A.

D

NJ

S.4785

Crime and Law Enforcement

This act extends until September 30, 2022, the special assessment of $5,000 on nonindigent persons or entities convicted of certain offenses involving sexual abuse or human trafficking. Currently, the special assessment expires on September 11, 2022.

[117th Congress Public Law 177] [From the U.S. Government Publishing Office] [[Page 136 STAT. 2109]] Public Law 117-177 117th Congress An Act To extend by 19 days the authorization for the special assessment for the Domestic Trafficking Victims' Fund. <<NOTE: Sept. 16, 2022 - [S. 4785]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXTENSION OF AUTHORIZATION FOR SPECIAL ASSESSMENT FOR DOMESTIC TRAFFICKING VICTIMS' FUND. Section 3014(a) of title 18, United States Code, is amended, in the matter preceding paragraph (1), by striking ``September 11'' and inserting ``September 30''. Approved September 16, 2022. LEGISLATIVE HISTORY--S. 4785: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Aug. 6, considered and passed Senate. Sept. 13, considered and passed House. <all>

A bill to extend by 19 days the authorization for the special assessment for the Domestic Trafficking Victims' Fund.

A bill to extend by 19 days the authorization for the special assessment for the Domestic Trafficking Victims' Fund.

Official Titles - Senate Official Title as Introduced A bill to extend by 19 days the authorization for the special assessment for the Domestic Trafficking Victims' Fund.

Sen. Klobuchar, Amy

D

MN

S.3184

Health

Parental Rights Protection Act This bill restricts government entities from requiring that individuals age 18 or younger receive certain COVID-19 vaccines that were authorized through emergency use and related procedures. Specifically, a federal, state, tribal, territorial, or local government entity (including a local educational agency) that receives funding from either the Department of Education or the Department of Health and Human Services may not require such COVID-19 vaccinations for individuals age 18 or younger. In particular, a local educational agency that mandates COVID-19 vaccinations for students loses its eligibility for federal education funding. The bill also requires the prior, informed, written consent of a parent or guardian before administration of such COVID-19 vaccines to an individual age 18 or younger.

To prohibit certain COVID-19 vaccination mandates for minors, and to require parental consent for COVID-19 vaccination of minors. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Parental Rights Protection Act''. SEC. 2. PROHIBITIONS AGAINST COVID-19 VACCINATION MANDATES FOR MINORS. (a) Prohibition Against Mandates.--Neither the Federal Government, nor any agency, grantee, payee, or recipient, including any State, local, Tribal, or territorial governmental entity (including any local educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), that receives any Federal funds from the Department of Education or the Department of Health and Human Services may require or otherwise mandate that any individual age 18 or younger receive a COVID-19 vaccine. (b) Prohibition Against School Mandates.-- (1) In general.--A local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) that imposes a mandate requiring any students age 18 or younger to receive a COVID-19 vaccine shall be subject to the penalty described in paragraph (2). (2) Penalty.--A local educational agency that imposes a mandate described in paragraph (1) shall not be eligible to receive funding under part A of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) or under part A of title II of such Act (20 U.S.C. 6611 et seq.) beginning on the later of-- (A) the date of enactment of this Act; or (B) the date on which such mandate becomes effective. (3) Resumed eligibility.--If a local educational agency ends the mandate described in paragraph (1) that local educational agency shall become eligible to receive the funding described in paragraph (2) as of the date on which that mandate is no longer effective. SEC. 3. PARENTAL CONSENT FOR VACCINATION OF MINORS. No COVID-19 vaccine may be administered to any individual age 18 or younger unless a parent, guardian, conservator, or attorney-in-fact of the minor provides prior, written, informed consent for the minor to receive such vaccine. SEC. 4. APPLICABLE VACCINES. For purposes of sections 2 and 3, the term ``COVID-19 vaccine'' means any vaccine against COVID-19 that only received authorization by the Food and Drug Administration through an emergency use authorization pursuant to section 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3), or that has received such authorization prior to receiving full approval or licensure under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or section 351 of the Public Health Service Act (42 U.S.C. 262). <all>

Parental Rights Protection Act

A bill to prohibit certain COVID-19 vaccination mandates for minors, and to require parental consent for COVID-19 vaccination of minors.

Parental Rights Protection Act

Sen. Cruz, Ted

R

TX

S.1948

Crime and Law Enforcement

This bill requires the Department of Justice, in coordination with the Department of Health and Human Services, to award grants for states, tribal nations, localities, and community-based organizations to establish response teams to address adverse childhood experiences associated with exposure to trauma.

To amend the Omnibus Crime Control and Safe Streets Act of 1968 to establish the Adverse Childhood Experiences Response Team 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. ADVERSE CHILDHOOD EXPERIENCES RESPONSE TEAM GRANT PROGRAM. (a) In General.--Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at the end the following: ``PART PP--ADVERSE CHILDHOOD EXPERIENCES RESPONSE TEAM GRANT PROGRAM ``SEC. 3061. GRANTS FOR ADVERSE CHILDHOOD EXPERIENCES RESPONSE TEAMS. ``(a) Grants Authorized.--From amounts made available to carry out this section, the Attorney General, in coordination with the Secretary of Health and Human Services, shall make grants to States, units of local government, Indian Tribes, and neighborhood or community-based organizations to address adverse childhood experiences associated with exposure to trauma. ``(b) Use of Funds.--Amounts received under a grant under this section may be used to establish an adverse childhood experiences response team, including by-- ``(1) establishing protocols to follow when encountering a child or youth exposed to trauma to facilitate access to services; ``(2) developing referral partnership agreements with behavioral health providers, substance treatment facilities, and recovery services for family members of children exposed to trauma; ``(3) integrating law enforcement, mental health, and crisis services to respond to situations where children have been exposed to trauma; ``(4) implementing comprehensive programs and practices to support children exposed to trauma; ``(5) identifying barriers for children to access trauma- informed care in their communities; ``(6) providing training in trauma-informed care to emergency response providers, victim service providers, child protective service professionals, educational institutions, and other community partners; ``(7) supporting cross-system planning and collaboration among officers and employees who work in law enforcement, court systems, child welfare services, correctional reentry programs, emergency medical services, health care services, public health, and substance abuse treatment and recovery support; and ``(8) providing technical assistance to communities, organizations, and public agencies on how to prevent and mitigate the impact of exposure to trauma and violence. ``(c) Application.--A State, unit of local government, Indian Tribe, or neighborhood or community-based organization desiring a grant under this section shall submit to the Attorney General an application in such form, and containing such information, as the Attorney General may reasonably require.''. (b) Authorization of Appropriations.--Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10261(a)) is amended by adding at the end the following: ``(29) There are authorized to be appropriated to carry out part PP $10,000,000 for each of fiscal years 2022 through 2025.''. <all>

A bill to amend the Omnibus Crime Control and Safe Streets Act of 1968 to establish the Adverse Childhood Experiences Response Team grant program, and for other purposes.

A bill to amend the Omnibus Crime Control and Safe Streets Act of 1968 to establish the Adverse Childhood Experiences Response Team grant program, and for other purposes.

Official Titles - Senate Official Title as Introduced A bill to amend the Omnibus Crime Control and Safe Streets Act of 1968 to establish the Adverse Childhood Experiences Response Team grant program, and for other purposes.

Sen. Shaheen, Jeanne

D

NH

S.707

Energy

Energizing American Shipbuilding Act of 2021 This bill directs (1) the Federal Energy Regulatory Commission (FERC) to require specified percentages of liquefied natural gas exports to be transported on vessels built or retrofitted in the United States and documented under its laws, and (2) the President to require specified percentages of crude oil exports to be transported on vessels built or retrofitted in the United States and documented under its laws. FERC and the President may waive these requirements under specified circumstances. The Energy Information Administration must collect and publish information on exports of natural gas and crude oil by vessels, including forecasts and data on those exports.

To require a certain percentage of natural gas and crude oil exports be transported on United States-built and United States-flag vessels, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Energizing American Shipbuilding Act of 2021''. SEC. 2. NATIONAL POLICY ON STRATEGIC ENERGY ASSET EXPORT TRANSPORTATION. (a) LNG Exports.-- (1) Findings.--Congress finds that-- (A) liquefied natural gas (referred to in this paragraph as ``LNG'') is hazardous to national import and export terminals and ports if mishandled; (B) LNG is a strategic national asset, the export of which should be used to preserve the tanker fleet and skilled mariner workforce of the United States, which are essential to national security; and (C) for the safety and security of the United States, LNG should be exported on vessels documented under the laws of the United States. (2) Requirement for transportation of exports of natural gas on vessels documented under laws of the united states.-- Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended by adding at the end the following: ``(g) Transportation of Exports of Natural Gas on Vessels Documented Under Laws of the United States.-- ``(1) Condition for approval.--Except as provided in paragraph (7), with respect to an application to export natural gas under subsection (a), the Commission shall include in the order issued for that application the condition that the person transport the natural gas on a vessel that meets the requirements described in paragraph (3). ``(2) Purpose.--The purpose of the requirement under paragraph (1) is to ensure that, of all natural gas exported by vessel in a calendar year, the following percentage is exported by a vessel that meets the requirements described in paragraph (3): ``(A) In each of the 7 calendar years following the calendar year in which this subsection is enacted, not less than 2 percent. ``(B) In each of the 8th and 9th calendar years following the calendar year in which this subsection is enacted, not less than 3 percent. ``(C) In each of the 10th and 11th calendar years following the calendar year in which this subsection is enacted, not less than 4 percent. ``(D) In each of the 12th and 13th calendar years following the calendar year in which this subsection is enacted, not less than 6 percent. ``(E) In each of the 14th and 15th calendar years following the calendar year in which this subsection is enacted, not less than 7 percent. ``(F) In each of the 16th and 17th calendar years following the calendar year in which this subsection is enacted, not less than 9 percent. ``(G) In each of the 18th and 19th calendar years following the calendar year in which this subsection is enacted, not less than 11 percent. ``(H) In each of the 20th and 21st calendar years following the calendar year in which this subsection is enacted, not less than 13 percent. ``(I) In the 22nd calendar year after the calendar year in which this subsection is enacted and each calendar year thereafter, not less than 15 percent. ``(3) Requirements for vessels.--A vessel meets the requirements described in this paragraph-- ``(A) with respect to each of the 5 calendar years following the calendar year in which this subsection is enacted-- ``(i) if-- ``(I) the vessel is documented under the laws of the United States; and ``(II) with respect to any retrofit work necessary for the vessel to export natural gas-- ``(aa) such work is done in a shipyard in the United States; and ``(bb) any component of the vessel listed in paragraph (4) that is installed during the course of such work is manufactured in the United States; or ``(ii) if-- ``(I) the vessel is built in the United States; ``(II) the vessel is documented under the laws of the United States; ``(III) all major components of the hull or superstructure of the vessel are manufactured (including all manufacturing processes from the initial melting stage through the application of coatings for iron or steel products) in the United States; and ``(IV) the components of the vessel listed in paragraph (4) are manufactured in the United States; and ``(B) with respect to the 6th calendar year following the calendar year in which this subsection is enacted, and each calendar year thereafter, if the vessel meets the requirements of subparagraph (A)(ii). ``(4) Components.--The components of a vessel listed in this paragraph are the following: ``(A) Air circuit breakers. ``(B) Welded shipboard anchor and mooring chain with a diameter of 4 inches or less. ``(C) Powered and non-powered valves in Federal Supply Classes 4810 and 4820 used in piping. ``(D) Machine tools in the Federal Supply Classes for metal-working machinery numbered 3405, 3408, 3410 through 3419, 3426, 3433, 3438, 3441 through 3443, 3445, 3446, 3448, 3449, 3460, and 3461. ``(E) Auxiliary equipment for shipboard services, including pumps. ``(F) Propulsion equipment, including engines, propulsion motors, reduction gears, and propellers. ``(G) Shipboard cranes. ``(H) Spreaders for shipboard cranes. ``(I) Rotating electrical equipment, including electrical alternators and motors. ``(J) Compressors, pumps, and heat exchangers used in managing and re-liquefying boil-off gas from liquefied natural gas. ``(5) Waiver authority.--The Commission may waive the requirement under clause (i)(II)(bb) or (ii)(IV), as applicable, of paragraph (3)(A) with respect to a component of a vessel if the Maritime Administrator determines that-- ``(A) application of the requirement would-- ``(i) result in an increase of 25 percent or more in the cost of the component of the vessel; or ``(ii) cause unreasonable delays to be incurred in building or retrofitting the vessel; or ``(B) such component is not manufactured in the United States in sufficient and reasonably available quantities of a satisfactory quality. ``(6) Opportunities for licensed and unlicensed mariners.-- Except as provided in paragraph (7), the Commission shall include, in any order issued under subsection (a) that authorizes a person to export natural gas, a condition that the person provide opportunities for United States licensed and unlicensed mariners to receive experience and training necessary to become credentialed in working on a vessel transporting natural gas. ``(7) Exception.--The Commission may not include in any order issued under subsection (a) authorizing a person to export natural gas to a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas a condition described in paragraph (1), or a condition described in paragraph (6), if the United States Trade Representative certifies to the Commission, in writing, that such condition would violate obligations of the United States under such free trade agreement. ``(8) Use of federal information.--In carrying out paragraph (1), the Commission-- ``(A) shall use information made available by-- ``(i) the Energy Information Administration; or ``(ii) any other Federal agency or entity the Commission determines appropriate; and ``(B) may use information made available by a private entity only if applicable information described in subparagraph (A) is not available.''. (3) Conforming amendment.--Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is amended by striking ``or the exportation of natural gas'' and inserting ``or, subject to subsection (g), the exportation of natural gas''. (b) Crude Oil.--Section 101 of title I of division O of the Consolidated Appropriations Act, 2016 (42 U.S.C. 6212a) is amended-- (1) in subsection (b), by striking ``subsections (c) and (d)'' and inserting ``subsections (c), (d), and (f)''; and (2) by adding at the end the following: ``(f) Transportation of Exports of Crude Oil on Vessels Documented Under Laws of the United States.-- ``(1) In general.--Except as provided in paragraph (6), as a condition to export crude oil, the President shall require that a person exporting crude oil transport the crude oil on a vessel that meets the requirements described in paragraph (3). ``(2) Purpose.--The purpose of the requirement under paragraph (1) is to ensure that, of all crude oil exported by vessel in a calendar year, the following percentage is exported by a vessel that meets the requirements described in paragraph (3): ``(A) In each of the 7 calendar years following the calendar year in which this subsection is enacted, not less than 3 percent. ``(B) In each of the 8th, 9th, and 10th calendar years following the calendar year in which this subsection is enacted, not less than 6 percent. ``(C) In each of the 11th, 12th, and 13th calendar years following the calendar year in which this subsection is enacted, not less than 8 percent. ``(D) In the 14th calendar year following the calendar year in which this subsection is enacted and each calendar year thereafter, not less than 10 percent. ``(3) Requirements for vessels.--A vessel meets the requirements described in this paragraph-- ``(A) with respect to each of the 4 calendar years following the calendar year in which this subsection is enacted-- ``(i) if-- ``(I) the vessel is documented under the laws of the United States; and ``(II) with respect to any retrofit work necessary for the vessel to export crude oil-- ``(aa) such work is done in a shipyard in the United States; and ``(bb) any component of the vessel listed in paragraph (4) that is installed during the course of such work is manufactured in the United States; or ``(ii) if-- ``(I) the vessel is built in the United States; ``(II) the vessel is documented under the laws of the United States; ``(III) all major components of the hull or superstructure of the vessel are manufactured (including all manufacturing processes from the initial melting stage through the application of coatings for iron or steel products) in the United States; and ``(IV) the components of the vessel listed in paragraph (4) are manufactured in the United States; and ``(B) with respect to the 5th calendar year following the calendar year in which this subsection is enacted and each calendar year thereafter, if the vessel meets the requirements of subparagraph (A)(ii). ``(4) Components.--The components of a vessel listed in this paragraph are the following: ``(A) Air circuit breakers. ``(B) Welded shipboard anchor and mooring chain with a diameter of four inches or less. ``(C) Powered and non-powered valves in Federal Supply Classes 4810 and 4820 used in piping. ``(D) Machine tools in the Federal Supply Classes for metal-working machinery numbered 3405, 3408, 3410 through 3419, 3426, 3433, 3438, 3441 through 3443, 3445, 3446, 3448, 3449, 3460, and 3461. ``(E) Auxiliary equipment for shipboard services, including pumps. ``(F) Propulsion equipment, including engines, propulsion motors, reduction gears, and propellers. ``(G) Shipboard cranes. ``(H) Spreaders for shipboard cranes. ``(I) Rotating electrical equipment, including electrical alternators and motors. ``(5) Waiver authority.--The President may waive the requirement under clause (i)(II)(bb) or clause (ii)(IV), as applicable, of paragraph (3)(A) with respect to a component of a vessel if the Maritime Administrator determines that-- ``(A) application of the requirement would-- ``(i) result in an increase of 25 percent or more in the cost of the component of the vessel; or ``(ii) cause unreasonable delays to be incurred in building or retrofitting the vessel; or ``(B) such component is not manufactured in the United States in sufficient and reasonably available quantities of a satisfactory quality. ``(6) Exception.--The President may not, under paragraph (1), condition the export of crude oil to a nation with which there is in effect a free trade agreement requiring national treatment for trade in crude oil if the United States Trade Representative certifies to the President, in writing, that such condition would violate obligations of the United States under such free trade agreement. ``(7) Opportunities for licensed and unlicensed mariners.-- The Maritime Administrator shall ensure that each exporter of crude oil by vessel provides opportunities for United States licensed and unlicensed mariners to receive experience and training necessary to become credentialed in working on such vessels. ``(8) Use of federal information.--In carrying out paragraph (1), the President-- ``(A) shall use information made available by-- ``(i) the Energy Information Administration; or ``(ii) any other Federal agency or entity the Commission determines appropriate; and ``(B) may use information made available by a private entity only if applicable information described in subparagraph (A) is not available.''. SEC. 3. ENERGY INFORMATION ADMINISTRATION INFORMATION. The Secretary of Energy, acting through the Administrator of the Energy Information Administration (referred to in this section as the ``Secretary''), shall collect, and make readily available to the public on the internet website of the Energy Information Administration, information on exports by vessel of natural gas and crude oil, including-- (1) forecasts for, and data on, those exports for the calendar year following the calendar year in which this Act is enacted and each calendar year thereafter; and (2) forecasts for those exports for multiyear periods after the date of enactment of this Act, as determined appropriate by the Secretary. <all>

Energizing American Shipbuilding Act of 2021

A bill to require a certain percentage of natural gas and crude oil exports be transported on United States-built and United States-flag vessels, and for other purposes.

Energizing American Shipbuilding Act of 2021

Sen. Wicker, Roger F.

R

MS

H.R.6209

Armed Forces and National Security

Military Justice Reporting Improvement Act This bill requires each military department to submit to the Department of Defense (DOD) a report on racial, ethnic, and sex demographics in the military justice system during the preceding year. There must be separate reports for the Navy and Marine Corps as well as for the Air Force and Space Force. DOD must forward such reports to Congress. DOD must prescribe a policy requiring information on the race and ethnicity of accused individuals to be included to the maximum extent practicable in the annual report regarding sexual assaults involving members of the Armed Forces. Such information must be made publicly available, but information may be excluded based on privacy concerns, impacts on accountability efforts, or other matters of importance.

To improve information collection and reporting on sexual assaults and racial and ethnic demographics in the military justice 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 ``Military Justice Reporting Improvement Act''. SEC. 2. INCLUSION OF RACE AND ETHNICITY IN ANNUAL REPORTS ON SEXUAL ASSAULTS; REPORTING ON RACIAL AND ETHNIC DEMOGRAPHICS IN THE MILITARY JUSTICE SYSTEM. (a) Annual Reports on Racial and Ethnic Demographics in the Military Justice System.-- (1) In general.--Chapter 23 of title 10, United States Code, is amended by inserting after section 485 the following new section: ``Sec. 486. Annual reports on racial and ethnic demographics in the military justice system ``(a) In General.--Not later than March 1 of each year, the Secretary of each military department shall submit to the Secretary of Defense a report on racial, ethnic, and sex demographics in the military justice system during the preceding year. In the case of the Secretary of the Navy, separate reports shall be prepared for the Navy and for the Marine Corps. In the case of the Secretary of the Air Force, separate reports shall be prepared for the Air Force and for the Space Force. ``(b) Contents.--The report of a Secretary of a military department for an Armed Force under subsection (a) shall contain, to the extent possible, statistics on offenses under chapter 47 of this title (the Uniform Code of Military Justice), during the year covered by the report, including-- ``(1) the number of offenses in the Armed Force that were reported to military officials, disaggregated by-- ``(A) statistical category as related to the victim; and ``(B) statistical category as related to the principal; ``(2) the number of offenses in the Armed Forces that were investigated, disaggregated by statistical category as related to the principal; ``(3) the number of offenses in which administrative action was imposed, disaggregated by statistical category as related to the principal and each type of administrative action imposed; ``(4) the number of offenses in which nonjudicial punishment was imposed under section 815 of this title (article 15 of the Uniform Code of Military Justice), disaggregated by statistical category as related to the principal; ``(5) the number of offenses in which charges were preferred, disaggregated by statistical category as related to the principal; ``(6) the number of offenses in which charges were referred to court-martial, disaggregated by statistical category as related to the principal and type of court-martial; ``(7) the number of offenses which resulted in conviction at court-martial, disaggregated by statistical category as related to the principal and type of court-martial; and ``(8) the number of offenses which resulted in acquittal at court-martial, disaggregated by statistical category as related to the principal and type of court-martial. ``(c) Submission to Congress.--Not later than April 30 of each year in which the Secretary of Defense receives reports under subsection (a), the Secretary of Defense shall forward the reports to the Committees on Armed Services of the Senate and the House of Representatives. ``(d) Definitions.--In this section: ``(1) The term `statistical category' means each of the following categories: ``(A) Race. ``(B) Sex. ``(C) Ethnicity. ``(D) Rank. ``(E) offense enumerated under chapter 47 of this title (the Uniform Code of Military Justice). ``(2) The term `principal' has the meaning given that term in section 877 of this title (article 77 of the Uniform Code of Military Justice).''. (2) Clerical amendment.--The table of sections at the beginning of chapter 23 of such title is amended by inserting after the item relating to section 485 the following new item: ``486. Annual reports on racial and ethnic demographics in the military justice system.''. (b) Policy Required.-- (1) Requirement.--Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall prescribe a policy requiring information on the race and ethnicity of accused individuals to be included to the maximum extent practicable in the annual report required under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 1561 note). (2) Exclusion.--The policy prescribed under paragraph (1) may provide for the exclusion of such information based on privacy concerns, impacts on accountability efforts, or other matters of importance as determined and identified in such policy by the Secretary. (3) Publicly available.--The Secretary of Defense shall make publicly available the information described in paragraph (1), subject to the exclusion of such information pursuant to paragraph (2). (4) Sunset.--The requirements of this subsection shall terminate on May 1, 2028. <all>

Military Justice Reporting Improvement Act

To improve information collection and reporting on sexual assaults and racial and ethnic demographics in the military justice system, and for other purposes.

Military Justice Reporting Improvement Act

Rep. Brown, Anthony G.

D

MD

H.R.4682

Transportation and Public Works

Unmanned Aerial Security Act or the UAS Act This bill prohibits the Department of Homeland Security (DHS) from operating, financing, or procuring unmanned aircraft systems (UAS) or UAS operating, detection, or identification systems that are manufactured in certain foreign countries or by corporations domiciled in such foreign countries. Applicable foreign countries include those identified as foreign adversaries in the intelligence community's latest annual threat assessment and other countries designated by DHS. DHS may waive the prohibition for (1) the national interest of the United States; (2) counter-UAS surrogate research, testing, development, evaluation, or training; or (3) intelligence, electronic warfare, or information warfare operations, testing, analysis, and training. An office or component of DHS may continue to operate a UAS or system in its inventory that would otherwise be prohibited until DHS grants or denies a waiver or until one year after this bill is enacted, whichever is later.

To prohibit the Secretary of Homeland Security from operating or procuring certain foreign-made unmanned aircraft systems, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Unmanned Aerial Security Act'' or the ``UAS Act''. SEC. 2. PROHIBITION ON OPERATION OR PROCUREMENT OF CERTAIN FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS. (a) Prohibition on Agency Operation or Procurement.--Except as provided in subsection (b) and subsection (c)(3), the Secretary of Homeland Security may not operate, provide financial assistance for, or enter into or renew a contract for the procurement of-- (1) an unmanned aircraft system (UAS) that-- (A) is manufactured in a covered foreign country or by a corporation domiciled in a covered foreign country; (B) uses flight controllers, radios, data transmission devices, cameras, or gimbals manufactured in a covered foreign country or by a corporation domiciled in a covered foreign country; (C) uses a ground control system or operating software developed in a covered foreign country or by a corporation domiciled in a covered foreign country; or (D) uses network connectivity or data storage located in a covered foreign country or administered by a corporation domiciled in a covered foreign country; (2) a software operating system associated with a UAS that uses network connectivity or data storage located in a covered foreign country or administered by a corporation domiciled in a covered foreign country; or (3) a system for the detection or identification of a UAS, which system is manufactured in a covered foreign country or by a corporation domiciled in a covered foreign country. (b) Waiver.-- (1) In general.--The Secretary of Homeland Security is authorized to waive the prohibition under subsection (a) if the Secretary certifies in writing to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate that a UAS, a software operating system associated with a UAS, or a system for the detection or identification of a UAS referred to in any of subparagraphs (A) through (C) of such subsection that is the subject of such a waiver is required-- (A) in the national interest of the United States; (B) for counter-UAS surrogate research, testing, development, evaluation, or training; or (C) for intelligence, electronic warfare, or information warfare operations, testing, analysis, and or training. (2) Notice.--The certification described in paragraph (1) shall be submitted to the Committees specified in such paragraph by not later than the date that is 14 days after the date on which a waiver is issued under such paragraph. (c) Effective Dates.-- (1) In general.--This Act shall take effect on the date that is 120 days after the date of the enactment of this Act. (2) Waiver process.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security shall establish a process by which the head of an office or component of the Department of Homeland Security may request a waiver under subsection (b). (3) Exception.--Notwithstanding the prohibition under subsection (a), the head of an office or component of the Department of Homeland Security may continue to operate a UAS, a software operating system associated with a UAS, or a system for the detection or identification of a UAS described in any of subparagraphs (1) through (3) of such subsection that was in the inventory of such office or component on the day before the effective date of this Act until-- (A) such time as the Secretary of Homeland Security has-- (i) granted a waiver relating thereto under subsection (b), or (ii) declined to grant such a waiver, or (B) one year after the date of the enactment of this Act, whichever is later. (d) Drone Origin Security Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a terrorism threat assessment and report that contains information relating to the following: (1) The extent to which the Department of Homeland Security has previously analyzed the threat that a UAS, a software operating system associated with a UAS, or a system for the detection or identification of a UAS from a covered foreign country operating in the United States poses, and the results of such analysis. (2) The number of UAS, software operating systems associated with a UAS, or systems for the detection or identification of a UAS from a covered foreign country in operation by the Department, including an identification of the component or office of the Department at issue, as of such date. (3) The extent to which information gathered by such a UAS, a software operating system associated with a UAS, or a system for the detection or identification of a UAS from a covered foreign country could be employed to harm the national or economic security of the United States. (e) Definitions.--In this section: (1) Covered foreign country.--The term ``covered foreign country'' means a country that-- (A) the intelligence community has identified as a foreign adversary in its most recent Annual Threat Assessment; or (B) the Secretary of Homeland Security, in coordination with the Director of National Intelligence, has identified as a foreign adversary that is not included in such Annual Threat Assessment. (2) Intelligence community.--The term ``intelligence community'' has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). (3) Unmanned aircraft system; uas.--The terms ``unmanned aircraft system'' and ``UAS'' have the meaning given the term ``unmanned aircraft system'' in section 331 of the FAA Modernization and Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 44802 note). Passed the House of Representatives September 29, 2021. Attest: CHERYL L. JOHNSON, Clerk.

UAS Act

To prohibit the Secretary of Homeland Security from operating or procuring certain foreign-made unmanned aircraft systems, and for other purposes.

UAS Act Unmanned Aerial Security Act UAS Act Unmanned Aerial Security Act UAS Act Unmanned Aerial Security Act

Rep. Guest, Michael

R

MS