Datasets:

hheiden

/

us-congress-117-bills

like 2

H.R.7065

Energy

Hydrogen for Ports Act of 2022 This bill supports infrastructure for hydrogen-derived fuels, including ammonia, at ports and in the shipping industry. For example, the bill directs the Department of Energy to establish a program that awards grants to states, local governments, Indian tribes, and other eligible entities for infrastructure that supports hydrogen-derived fuels, including ammonia, at ports and in the shipping industry.

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

Hydrogen for Ports Act of 2022

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

Hydrogen for Ports Act of 2022

Rep. Porter, Katie

D

CA

S.4780

Transportation and Public Works

Improving Marine Highway Transportation Act of 2022 This bill modifies the definition of marine highway transportation to include the carriage by a documented vessel of cargo that is bulk, liquid, or loose cargo loaded in tanks, holds, hoppers, or on deck.

To amend the definition of marine highway transportation to include the carriage by a documented vessel of cargo that is bulk, liquid, or loose cargo loaded in tanks, holds, hoppers, or on deck. Be it enacted by the Senate 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 Marine Highway Transportation Act of 2022''. SEC. 2. MARINE HIGHWAY TRANSPORTATION DEFINITION AMENDMENT. Section 55605(1) of title 46, United States Code, is amended-- (1) in subparagraph (C), by striking ``or'' after the semicolon; (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by inserting after subparagraph (C) the following: ``(D) bulk, liquid, or loose cargo loaded in tanks, holds, hoppers, or on deck; or''. <all>

Improving Marine Highway Transportation Act of 2022

A bill to amend the definition of marine highway transportation to include the carriage by a documented vessel of cargo that is bulk, liquid, or loose cargo loaded in tanks, holds, hoppers, or on deck.

Improving Marine Highway Transportation Act of 2022

Sen. Cruz, Ted

R

TX

S.4330

Health

Specialty Physicians Advancing Rural Care Act or the SPARC Act This bill establishes student loan repayment programs to support the provision of specialty medical care in rural areas. The Health Resources and Services Administration (HRSA) must carry out such a program for certain specialty medicine physicians who provide care in rural communities with shortages of such physicians. Physicians must agree to a period of obligated service and, for each year of such service, HRSA must pay one-sixth of the principal payment and interest on eligible loans up to a maximum cap of $250,000. Additionally, HRSA may carry out a similar loan repayment program for nonphysician specialty health care providers.

To amend the Public Health Service Act to authorize a loan repayment program to encourage specialty medicine physicians to serve in rural communities experiencing a shortage of specialty medicine physicians, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Specialty Physicians Advancing Rural Care Act'' or the ``SPARC Act''. SEC. 2. FINDINGS. Congress finds the following: (1) According to a June 2021 study by the Association of American Medical Colleges, titled ``The Complexities of Physician Supply and Demand: Projections From 2019 to 2034'', the projected demand for physicians continues to exceed projected supply, with a projected shortage of between 37,800 and 124,000 physicians by 2034. Further, the study projects a shortage of between 21,000 and 77,100 nonprimary care physicians by 2034. (2) A July 25, 2019, article, titled ``Implications of an Aging Rural Physician Workforce'', published in the New England Journal of Medicine, estimates that the size of the workforce held relatively steady at about 12 physicians per 10,000 population in rural areas from 2000 to 2017, but such workforce is forecast to decrease by 23 percent by 2030. (3) According to the report by the Association of American Medical Colleges, titled ``Medical Student Education: Debt, Costs, and Loan Repayment Fact Card for the Class of 2020'', the percentage of medical school graduates with education debt is 73 percent and the average education debt amount for a medical school graduate is $207,003. Medical school debt accounts for 70 percent of overall student loan debt, and the median stipend for a medical graduate's first year after earning a medical degree is $58,305. SEC. 3. SPECIALTY MEDICAL PRACTITIONERS WORKFORCE IN RURAL COMMUNITIES. Title VII of the Public Health Service Act (42 U.S.C. 292 et seq.) is amended-- (1) by redesignating part G (42 U.S.C. 795j et seq.) as part H; and (2) by inserting after part F (42 U.S.C. 295h) the following new part: ``PART G--SPECIALTY MEDICINE WORKFORCE IN RURAL COMMUNITIES ``SEC. 782. LOAN REPAYMENT PROGRAM. ``(a) In General.-- ``(1) Program for specialty medicine physicians.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall carry out a program under which-- ``(A) the Secretary enters into agreements with specialty medicine physicians to make payments in accordance with subsection (b) on the principal of and interest on any eligible loans described in subsection (c); and ``(B) the specialty medicine physicians each agree to complete a period of obligated service described in subsection (d) as a specialty medicine physician in the United States in a rural community experiencing a shortage of specialty medicine physicians. ``(2) Program for non-physician specialty health care providers.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, may carry out a program under which-- ``(A) the Secretary enters into agreements with non-physician specialty health care providers to make payments in accordance with subsection (b) on the principal of and interest on any eligible loans described in subsection (c); and ``(B) the non-physician specialty health care providers each agree to complete a period of obligated service described in subsection (d) as a non-physician specialty health care provider in the United States in a rural community experiencing a shortage of such providers. ``(b) Payments.--For each year of obligated service by a specialty medicine physician pursuant to an agreement under subsection (a)(1) or by a non-physician specialty health care provider pursuant to an agreement under subsection (a)(2), the Secretary shall make a payment to such physician or provider as follows: ``(1) Service in shortage area.--The Secretary shall pay-- ``(A) for each year of obligated service by a specialty medicine physician or non-physician specialty health care provider pursuant to an agreement under paragraph (1) or (2) of subsection (a), \1/6\ of the principal of and interest on each eligible loan of the physician or provider which is outstanding on the date the physician or provider began service pursuant to the agreement; and ``(B) for completion of the sixth 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 specialty medicine physician or non- physician specialty health care provider 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 in specialty medicine or specialty health care. ``(2) 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). ``(3) Any Federal Perkins Loan under part E of title I of the Higher Education Act of 1965. ``(4) Any other Federal loan as determined appropriate by the Secretary. ``(d) Period of Obligated Service.--Any specialty medicine physician or non-physician specialty health care provider receiving payments under this section as required by an agreement under paragraph (1) or (2) of subsection (a) shall agree to a 6-year commitment to full-time employment, with no more than 1 year passing between any 2 years of covered employment, as a specialty medicine physician or non- physician specialty health care provider, as applicable, in the United States in a rural community experiencing a shortage of specialty medicine physicians or non-physician specialty health care providers, as applicable. ``(e) 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. ``(f) 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 paragraph (1) or (2) of subsection (a). ``(2) Limitation.--The failure by a specialty medicine physician or a non-physician specialty health care provider 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 physician or provider completed in good faith the years of service for which payments were made to the physician or provider under this section. ``(g) Special Rules for Non-Physician Specialty Health Care Providers.--Non-physician specialty health care providers participating in the program under this section are not eligible for other Federal loan forgiveness programs specific to health care providers. Not more than 15 percent of amounts made available to carry out this section for a fiscal year may be allocated to awards to non-physician specialty health care providers. ``(h) Reports to Congress.--Not later than 5 years after the date of enactment of this section, and not less than every other year thereafter through fiscal year 2030, the Secretary shall report to Congress on-- ``(1) the practice location of special medicine physicians and non-physician specialty health care providers participating, or who have participated, in the loan repayment program under this section; and ``(2) the impact of the loan repayment program under this section on the availability of specialty medicine or specialty health care services in the United States in rural communities experiencing a shortage of specialty medicine physicians or non-physician specialty health care providers. ``(i) Data Updates.--The Administrator of the Health Resources and Services Administration shall update publicly available data on the supply of specialty medicine physicians and non-physician specialty health care providers, as appropriate. ``(j) Definitions.--In this section: ``(1) Non-physician specialty health care provider.--The term `non-physician specialty health care provider' means a health professional other than a physician who is licensed to provide patient care other than primary care services. ``(2) Specialty medicine physician.--The term `specialty medicine physician' means a physician practicing in-- ``(A) a specialty identified in the report of the Health Resources and Services Administration, titled `Projecting the Supply of Non-Primary Care Specialty and Subspecialty Clinicians: 2010-2025'; ``(B) hospice and palliative medicine; ``(C) geriatric medicine; or ``(D) another medical specialty, if the Secretary determines that there is evidence demonstrating a significant shortage of providers in the medical specialty and limited patient access to care. ``(k) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2022 through 2031.''. <all>

SPARC Act

A bill to amend the Public Health Service Act to authorize a loan repayment program to encourage specialty medicine physicians to serve in rural communities experiencing a shortage of specialty medicine physicians, and for other purposes.

SPARC Act Specialty Physicians Advancing Rural Care Act

Sen. Rosen, Jacky

D

NV

H.R.5413

Public Lands and Natural Resources

Outdoors for All Act This bill directs the Department of the Interior to establish an outdoor recreation legacy partnership grant program under which Interior may award grants to states, certain political subdivisions of a state, special purpose districts, Indian tribes, or Alaska Native or Native Hawaiian communities or organizations. Funds must be used for projects to (1) acquire land and water for parks and other outdoor recreation purposes in qualifying areas, and (2) develop new or renovate existing outdoor recreation facilities that provide outdoor recreation opportunities to the public in qualifying areas. A qualifying area is an area Interior shall give priority to projects that

To codify the existing Outdoor Recreation Legacy Partnership Program of the National Park Service, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Outdoors for All Act''. SEC. 2. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means an entity that represents or otherwise serves a qualifying area. (2) Eligible nonprofit organization.--The term ``eligible nonprofit organization'' means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such code. (3) Entity.--The term ``entity'' means-- (A) a State; (B) a political subdivision of a State, including-- (i) a city; (ii) a county; and (iii) a special purpose district that manages open space, including a park district; and (C) an Indian Tribe or Alaska Native or Native Hawaiian community or organization. (4) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (5) Low-income community.--The term ``low-income community'' means any census block group in which 30 percent or more of the population are individuals with an annual household 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) an amount equal to 200 percent of the Federal poverty line. (6) Outdoor recreation legacy partnership program.--The term ``Outdoor Recreation Legacy Partnership Program'' means the program established under section 3(a). (7) Qualifying area.--The term ``qualifying area'' means-- (A) an area that has a population of 30,000 or more in the most recent census; or (B) an area administered by an Indian Tribe or an Alaska Native or Native Hawaiian community organization. (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (9) State.--The term ``State'' means each of the several States, the District of Columbia, and each territory of the United States. SEC. 3. GRANTS AUTHORIZED. (a) Establishment of Program.-- (1) In general.--The Secretary shall establish an outdoor recreation legacy partnership program under which the Secretary may award grants to eligible entities for projects-- (A) to acquire land and water for parks and other outdoor recreation purposes in qualifying areas; and (B) to develop new or renovate existing outdoor recreation facilities that provide outdoor recreation opportunities to the public in qualifying areas. (2) Priority.--In awarding grants to eligible entities under paragraph (1), the Secretary shall give priority to projects that-- (A) create or significantly enhance access to park and recreational opportunities in an urban neighborhood or community; (B) engage and empower underserved communities and youth; (C) provide employment or job training opportunities for youth or underserved communities; (D) establish or expand public-private partnerships, with a focus on leveraging resources; and (E) take advantage of coordination among various levels of government. (b) Matching Requirement.-- (1) In general.--As a condition of receiving a grant under subsection (a), an eligible entity shall provide matching funds in the form of cash or an in-kind contribution in an amount equal to not less than 100 percent of the amounts made available under the grant. (2) Waiver.--The Secretary may waive all or part of the matching requirement under paragraph (1) if the Secretary determines that-- (A) no reasonable means are available through which the eligible entity can meet the matching requirement; and (B) the probable benefit of the project outweighs the public interest in the matching requirement. (3) Administrative expenses.--Not more than 10 percent of funds provided to an eligible entity under a grant awarded under subsection (a) may be used for administrative expenses. (c) Considerations.--In awarding grants to eligible entities under subsection (a), the Secretary shall consider the extent to which a project would-- (1) provide recreation opportunities in underserved communities in which access to parks is not adequate to meet local needs; (2) provide opportunities for outdoor recreation and public land volunteerism; (3) support innovative or cost-effective ways to enhance parks and other recreation-- (A) opportunities; or (B) delivery of services; (4) support park and recreation programming provided by cities, including cooperative agreements with community-based eligible nonprofit organizations; and (5) develop Native American event sites and cultural gathering spaces. (d) Eligible Uses.-- (1) In general.--Subject to paragraph (2), a grant recipient may use a grant awarded under subsection (a) for a project described in paragraph (1) or (2) of that subsection. (2) Limitations on use.--A grant recipient may not use grant funds for-- (A) incidental costs related to land acquisition, including appraisal and titling; (B) operation and maintenance activities; (C) facilities that support semiprofessional or professional athletics; (D) indoor facilities, such as recreation centers or facilities that support primarily non-outdoor purposes; or (E) acquisition of land or interests in land that restrict access to specific persons. SEC. 4. NATIONAL PARK SERVICE REQUIREMENTS. In carrying out the Outdoor Recreation Legacy Partnership Program, the Secretary shall-- (1) conduct an initial screening and technical review of applications received; (2) evaluate and score all qualifying applications; and (3) provide culturally and linguistically appropriate information to eligible entities (including low-income communities and eligible entities serving low-income communities) on-- (A) the opportunity to apply for grants under this Act; (B) the application procedures by which eligible entities may apply for grants under this Act; and (C) eligible uses for grants under this Act. SEC. 5. REPORTING. (a) Annual Reports.--Not later than 30 days after the last day of each report period, each State lead agency that receives a grant under this Act shall annually submit to the Secretary performance and financial reports that-- (1) summarize project activities conducted during the report period; and (2) provide the status of the project. (b) Final Reports.--Not later than 90 days after the earlier of the date of expiration of a project period or the completion of a project, each State lead agency that receives a grant under this Act shall submit to the Secretary a final report containing such information as the Secretary may require. SEC. 6. REVENUE SHARING. (a) In General.--Section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended by inserting before the period at the end ``, of which 25 percent shall be used by the Secretary of the Interior to provide grants under the Outdoors for All Act''. (b) Supplement Not Supplant.--Amounts made available to the Outdoor Recreation Legacy Partnership Program as a result of the amendment made by subsection (a) shall supplement and not supplant any other Federal funds made available to carry out the Outdoor Recreation Legacy Partnership Program. <all>

Outdoors for All Act

To codify the existing Outdoor Recreation Legacy Partnership Program of the National Park Service, and for other purposes.

Outdoors for All Act

Rep. Barragan, Nanette Diaz

D

CA

H.R.2972

Health

Helping Ensure Life- and Limb-Saving Access to Podiatric Physicians Act or the HELLPP Act This bill adds podiatrists as covered physicians under the Medicaid program. Additionally, the bill revises certain documentation requirements related to Medicare coverage of therapeutic shoes for individuals with diabetes. Finally, the bill subjects payments made to a Medicaid provider or supplier to a continuing levy for federal taxes owed by the provider or supplier.

To amend title XIX of the Social Security Act to cover physician services delivered by podiatric physicians to ensure access by Medicaid beneficiaries to appropriate quality foot and ankle care, to amend title XVIII of such Act to modify the requirements for diabetic shoes to be included under Medicare, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Ensure Life- and Limb-saving access to Podiatric Physicians Act'' or the ``HELLPP Act''. SEC. 2. RECOGNIZING DOCTORS OF PODIATRIC MEDICINE AS PHYSICIANS UNDER THE MEDICAID PROGRAM. (a) In General.--Section 1905(a)(5)(A) of the Social Security Act (42 U.S.C. 1396d(a)(5)(A)) is amended by striking ``section 1861(r)(1)'' and inserting ``paragraphs (1) and (3) of section 1861(r)''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendment made by subsection (a) shall apply to services furnished on or after January 1, 2022. (2) Extension of effective date for state law amendment.-- In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirement imposed by the amendment made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of 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 the session is considered to be a separate regular session of the State legislature. SEC. 3. CLARIFYING MEDICARE DOCUMENTATION REQUIREMENTS FOR THERAPEUTIC SHOES FOR PERSONS WITH DIABETES. (a) In General.--Section 1861(s)(12) of the Social Security Act (42 U.S.C. 1395x(s)(12)) is amended to read as follows: ``(12) subject to section 4072(e) of the Omnibus Budget Reconciliation Act of 1987, extra-depth shoes with inserts or custom molded shoes with inserts (in this paragraph referred to as `therapeutic shoes') for an individual with diabetes, if-- ``(A) the physician who is managing the individual's diabetic condition-- ``(i) documents that the individual has diabetes; ``(ii) certifies that the individual is under a comprehensive plan of care related to the individual's diabetic condition; and ``(iii) documents agreement with the prescribing podiatrist or other qualified physician (as established by the Secretary) that it is medically necessary for the individual to have therapeutic shoes; ``(B) the therapeutic shoes are prescribed by a podiatrist or other qualified physician (as established by the Secretary) who-- ``(i) examines the individual and determines the medical necessity for the individual to receive the therapeutic shoes; and ``(ii) communicates in writing the medical necessity to a certifying doctor of medicine or osteopathy for the individual to have therapeutic shoes along with findings that the individual has peripheral neuropathy with evidence of callus formation, a history of pre- ulcerative calluses, a history of previous ulceration, foot deformity, previous amputation, or poor circulation; and ``(C) the therapeutic shoes are fitted and furnished by a podiatrist or other qualified supplier individual (as established by the Secretary), such as a pedorthist or orthotist, who is not the physician described in subparagraph (A) (unless the Secretary finds that the physician is the only such qualified individual in the area);''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to items and services furnished on or after January 1, 2022. (c) Rule of Construction.--Nothing in this section shall be construed as expanding Medicare coverage for therapeutic shoes for individuals with diabetes. SEC. 4. BUDGET SAVINGS: STRENGTHENING MEDICAID PROGRAM INTEGRITY THROUGH CONTINUOUS LEVY ON PAYMENTS TO MEDICAID PROVIDERS AND SUPPLIERS. (a) In General.--Section 6331(h)(2) of the Internal Revenue Code of 1986 (defining specified payment) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(D) any payment to any Medicaid provider or supplier under a State plan under title XIX of the Social Security Act.''. (b) Effective Date.--The amendments made by this section shall apply to levies issued after the date of the enactment of this Act. <all>

HELLPP Act

To amend title XIX of the Social Security Act to cover physician services delivered by podiatric physicians to ensure access by Medicaid beneficiaries to appropriate quality foot and ankle care, to amend title XVIII of such Act to modify the requirements for diabetic shoes to be included under Medicare, and for other purposes.

HELLPP Act Helping Ensure Life- and Limb-saving access to Podiatric Physicians Act

Rep. DeGette, Diana

D

CO

S.3049

Crime and Law Enforcement

Fresh Start Act of 2021 This bill authorizes the Department of Justice to award grants for states to implement automatic expungement laws (i.e., laws that provide for the automatic expungement or sealing of an individual's criminal records).

To establish a grant program for States for purposes of modernizing criminal justice data infrastructure to facilitate automatic record expungement and sealing, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fresh Start Act of 2021''. SEC. 2. ESTABLISHMENT. (a) In General.--The Attorney General may make not more than 1 grant under this Act to each eligible State. Each such grant shall be in an amount of not more than $5,000,000. (b) Eligibility.--A State shall be eligible for a grant under this Act if-- (1) the State has in effect a covered expungement law; (2) the covered expungement law of the State provides that expungement or sealing of a criminal record shall not be delayed by reason of a failure to pay a fee or fine; and (3) the State submits an application to the Attorney General, containing such information as the Attorney General may require, including, at a minimum-- (A) information identifying whether there is a system that, as of the date of the application, exists for record expungement or sealing in the State; (B) a description of how infrastructure created through grant funding will facilitate automatic record expungement or sealing for individuals eligible for record expungement or sealing; and (C) an identification of the anticipated number of individuals that would benefit from the implementation of automatic record expungement or sealing infrastructure. SEC. 3. USE OF GRANT AMOUNTS. A grant under section 2 shall be used to implement a covered expungement law in accordance with the following: (1) Not more than 10 percent of such grant shall be used for research or planning for criminal record data infrastructure improvements that will make criminal record expungement or sealing automatic. (2) Any remaining amounts shall be used to implement such improvements. (3) The portion of the costs of implementing such a law provided by a grant under this section may not exceed 75 percent. SEC. 4. REPORTING REQUIREMENTS. (a) In General.--A State receiving a grant under section 2 shall report to the Attorney General, each year of the grant term, pursuant to guidelines established by the Attorney General, information regarding the following: (1) The number of individuals eligible for automatic expungement or sealing under the covered expungement law of that State, disaggregated by race, ethnicity, and gender. (2) The number of individuals whose records have been expunged or sealed annually since the enactment of such law, disaggregated by race, ethnicity, and gender. (3) The number of individuals whose application for expungement or sealing under such law are still pending, disaggregated by race, ethnicity, and gender. (b) Inaccessibility of Data for Reporting.--In the event that elements of the data on expungement and sealing required to be reported under subsection (a) are not able to be compiled and reported, the State shall develop and report a comprehensive plan to obtain as much of the unavailable data as possible not later than the date that is 1 year after the first year of the grant being awarded. (c) Publication.--Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall publish, and make available to the public, a report containing the data reported to the Attorney General under this section. SEC. 5. DEFINITIONS. In this Act: (1) Terms used have the meanings given such terms in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). (2) The term ``automatic'' means, with regard to the expungement or sealing of a criminal record, that such expungement or sealing occurs without any action required on the part of the State from an eligible individual. (3) The term ``covered expungement law'' means a law of a State providing for the automatic expungement or sealing, subject to such requirements as the State may impose, of a criminal record of an individual. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $50,000,000 for each of fiscal years 2022 through 2026 to carry out this Act. <all>

Fresh Start Act of 2021

A bill to establish a grant program for States for purposes of modernizing criminal justice data infrastructure to facilitate automatic record expungement and sealing, and for other purposes.

Fresh Start Act of 2021

Sen. Van Hollen, Chris

D

MD

S.2781

International Affairs

No Harbor for Terror Act This bill repeals authority granted to the President to except Iran's energy, shipping, and shipbuilding sectors from sanctions in order to provide for reconstruction assistance or economic development in Afghanistan.

To repeal the exception to sanctions with respect to the energy, shipping, and shipbuilding sectors of Iran relating to reconstruction assistance for Afghanistan. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``No Harbor for Terror Act''. SEC. 2. REPEAL OF EXCEPTION TO SANCTIONS WITH RESPECT TO ENERGY, SHIPPING, AND SHIPBUILDING SECTORS OF IRAN RELATING TO AFGHANISTAN RECONSTRUCTION. Subsection (f) of section 1244 of the Iran Freedom and Counter- Proliferation Act of 2012 (22 U.S.C. 8803) is repealed.

No Harbor for Terror Act

A bill to repeal the exception to sanctions with respect to the energy, shipping, and shipbuilding sectors of Iran relating to reconstruction assistance for Afghanistan.

No Harbor for Terror Act

Sen. Cotton, Tom

R

AR

H.R.5337

Education

National Social Emotional Learning Clearinghouse Act This bill directs the Department of Health and Human Services and the Department of Education to jointly establish and maintain an online clearinghouse of early childhood education and elementary school education curricula, lesson plans, and best practices related to social emotional learning.

To establish a National social emotional learning clearinghouse. Be it enacted by the Senate 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 Social Emotional Learning Clearinghouse Act''. SEC. 2. NATIONAL SOCIAL EMOTIONAL LEARNING CLEARINGHOUSE. Not later than 120 days after the date of enactment of this Act, the Secretary of Health and Human Services (acting through the Office of Child Care) and the Secretary of Education shall jointly-- (1) establish and maintain an online clearinghouse of early childhood education and elementary school education curricula, lesson plans, and best practices, which shall-- (A) prioritize social emotional learning resources (such as resources to address trauma, anxiety, depression and other social or behavioral disorders) for children from birth through the elementary school; (B) include best practices and studies exploring best practices, crisis intervention training and de- escalation, social emotional learning curriculums and lesson plans, and ready to use worksheets or interactive learning resources for early childhood learners and elementary school students; and (C) include social emotional resources for children with disabilities, including training resources to assist families and child care workers in assessing functional behaviors and creating responsive and appropriate behavioral intervention plans; and (2) conduct a national advertising campaign to inform child care professionals, families or parents providing homeschooling, and educators and caregivers of children from birth through age 12 of such online clearinghouse. SEC. 3. DEFINITIONS. In this Act: (1) Child with a disability.--The term ``child with a disability'' has the meaning given such term in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401). (2) 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). <all>

National Social Emotional Learning Clearinghouse Act

To establish a National social emotional learning clearinghouse.

National Social Emotional Learning Clearinghouse Act

Rep. Larsen, Rick

D

WA

S.2724

Finance and Financial Sector

NFIP Extension Act of 2021 This bill reauthorizes the National Flood Insurance Program through September 30, 2022. The bill shall take effect as if it had been enacted on September 30, 2021.

To reauthorize the National Flood Insurance 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 ``NFIP Extension Act of 2021''. SEC. 2. REAUTHORIZATION OF NATIONAL FLOOD INSURANCE PROGRAM. (a) Financing.--Section 1309(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)) is amended by striking ``September 30, 2021'' and inserting ``September 30, 2022''. (b) Program Expiration.--Section 1319 of the National Flood Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking ``September 30, 2021'' and inserting ``September 30, 2022''. (c) Retroactive Effective Date.--If this Act is enacted after September 30, 2021, the amendments made by subsections (a) and (b) shall take effect as if enacted on September 30, 2021. <all>

NFIP Extension Act of 2021

A bill to reauthorize the National Flood Insurance Program.

NFIP Extension Act of 2021

Sen. Kennedy, John

R

LA

H.R.980

Public Lands and Natural Resources

Southwestern Oregon Watershed and Salmon Protection Act of 2021 This bill withdraws specified federal land in Curry and Josephine Counties in Oregon from (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation under the mineral leasing and geothermal leasing laws.

To withdraw certain land located in Curry County and Josephine County, Oregon, from all forms of entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws, and operation under the mineral leasing and geothermal leasing laws, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Southwestern Oregon Watershed and Salmon Protection Act of 2021''. SEC. 2. WITHDRAWAL OF FEDERAL LAND, CURRY COUNTY AND JOSEPHINE COUNTY, OREGON. (a) Definitions.--In this section: (1) Eligible federal land.--The term ``eligible Federal land'' means-- (A) any federally owned land or interest in land depicted on the Maps as within the Hunter Creek and Pistol River Headwaters Withdrawal Proposal or the Rough and Ready and Baldface Creeks Mineral Withdrawal Proposal; or (B) any land or interest in land located within such withdrawal proposals that is acquired by the Federal Government after the date of enactment of this Act. (2) Maps.--The term ``Maps'' means-- (A) the Bureau of Land Management map entitled ``Hunter Creek and Pistol River Headwaters Withdrawal Proposal'' and dated January 12, 2015; and (B) the Bureau of Land Management map entitled ``Rough and Ready and Baldface Creeks Mineral Withdrawal Proposal'' and dated January 12, 2015. (b) Withdrawal.--Subject to valid existing rights, the eligible Federal land is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation under the mineral leasing and geothermal leasing laws. (c) Availability of Maps.--Not later than 30 days after the date of enactment of this Act, the Maps shall be made available to the public at each appropriate office of the Bureau of Land Management. (d) Existing Uses Not Affected.--Except with respect to the withdrawal under subsection (b), nothing in this section restricts recreational uses, hunting, fishing, forest management activities, or other authorized uses allowed on the date of enactment of this Act on the eligible Federal land in accordance with applicable law. <all>

Southwestern Oregon Watershed and Salmon Protection Act of 2021

To withdraw certain land located in Curry County and Josephine County, Oregon, from all forms of entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws, and operation under the mineral leasing and geothermal leasing laws, and for other purposes.

Southwestern Oregon Watershed and Salmon Protection Act of 2021

Rep. DeFazio, Peter A.

D

OR

H.R.6849

Armed Forces and National Security

Supporting All Veteran Families Act This bill updates terminology related to marriage under laws administered by the Department of Veterans Affairs, including by removing the specification that a spouse must be a person of the opposite sex.

To amend title 38, United States Code, to update certain terminology related to marriage under the laws administered by the Secretary of Veterans Affairs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting All Veteran Families Act''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS MARRIAGE TERMINOLOGY. (a) Definitions.--Section 101 of title 38, United States Code, is amended-- (1) in paragraph (3)-- (A) by striking ``of the opposite sex''; and (B) by striking ``or (in cases not involving remarriage) has not since the death of the veteran, and after September 19, 1962, lived with another person and held himself or herself out openly to the public to be the spouse of such other person''; and (2) in paragraph (31), by striking ``of the opposite sex''. (b) Special Provisions Relating to Marriages.--Section 103 of title 38, United States Code, is amended by striking ``and holding himself or herself out openly to the public as that person's spouse''. <all>

Supporting All Veteran Families Act

To amend title 38, United States Code, to update certain terminology related to marriage under the laws administered by the Secretary of Veterans Affairs.

Supporting All Veteran Families Act

Rep. Newman, Marie

D

IL

H.R.4130

Commerce

American Music Fairness Act of 2022 This bill establishes that the copyright holder of a sound recording shall have the exclusive right to perform the sound recording through an audio transmission and addresses other related issues. (Currently, the public performance right only covers performances through a digital audio transmission in certain instances, which means that nonsubscription terrestrial radio stations generally do not have to secure a license to publicly perform a copyright-protected sound recording.) Under the bill, a nonsubscription broadcast transmission must have a license to publicly perform such sound recordings. The Copyright Royalty Board must periodically determine the royalty rates for such a license. When determining the rates, the board must base its decision on certain information presented by the parties, including the radio stations' effect on other streams of revenue related to the sound recordings. Terrestrial broadcast stations (and the owners of such stations) that fall below certain revenue thresholds may pay certain flat fees, instead of the board-established rate, for a license to publicly perform copyright-protected sound recordings.

To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other 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 ``American Music Fairness 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. Equitable treatment for terrestrial broadcasts and internet services. Sec. 3. Timing of proceedings under sections 112(e) and 114(f). Sec. 4. Special protection for small broadcasters. Sec. 5. Distribution of certain royalties. Sec. 6. No harmful effects on songwriters. Sec. 7. Value of promotion taken into account. SEC. 2. EQUITABLE TREATMENT FOR TERRESTRIAL BROADCASTS AND INTERNET SERVICES. (a) Performance Right Applicable to Audio Transmissions Generally.--Paragraph (6) of section 106 of title 17, United States Code, is amended to read as follows: ``(6) in the case of sound recordings, to perform the copyrighted work publicly by means of an audio transmission.''. (b) Inclusion of Terrestrial Broadcasts in Existing Performance Right and Statutory License.--Section 114(d)(1) of title 17, United States Code, is amended-- (1) in the matter preceding subparagraph (A), by striking ``a digital'' and inserting ``an''; (2) by striking subparagraph (A); (3) by redesignating subparagraphs (B) and (C) as (A) and (B), respectively; and (4) in subparagraph (A), as redesignated by paragraph (3), by striking ``nonsubscription'' each place such term appears and inserting ``licensed nonsubscription''. (c) Technical and Conforming Amendments.-- (1) Definition.--Section 101 of title 17, United States Code, is amended by inserting after the definition of ``architectural work'' the following: ``An ``audio transmission'' is a transmission of a sound recording, whether in a digital, analog, or other format. This term does not include the transmission of any audiovisual work.''. (2) Conforming removal of digital.--Title 17, United States Code, is amended-- (A) in section 112(e)(8), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; (B) in section 114-- (i) in subsection (d)-- (I) in paragraph (2)-- (aa) in the matter preceding subparagraph (A), by striking ``subscription digital'' and inserting ``subscription''; and (bb) in subparagraph (C)(viii), by striking ``digital signal'' and inserting ``signal''; and (II) in paragraph (4)-- (aa) in subparagraph (A), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; and (bb) in subparagraph (B)(i), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; (ii) in subsection (g)(2)(A), by striking ``a digital'' and inserting ``an''; and (iii) in subsection (j)-- (I) in paragraph (6)-- (aa) by striking ``digital''; and (bb) by striking ``retransmissions of broadcast transmissions'' and inserting ``broadcast transmissions and retransmissions of broadcast transmissions''; and (II) in paragraph (8), by striking ``subscription digital'' and inserting ``subscription''; and (C) in section 1401-- (i) in subsection (b), by striking ``a digital audio'' and inserting ``an audio''; and (ii) in subsection (d)-- (I) in paragraph (1), by striking ``a digital audio'' and inserting ``an audio''; (II) in paragraph (2)(A), by striking ``a digital audio'' and inserting ``an audio''; and (III) in paragraph (4)(A), by striking ``a digital audio'' and inserting ``an audio''. SEC. 3. TIMING OF PROCEEDINGS UNDER SECTIONS 112(E) AND 114(F). Paragraph (3) of section 804(b) of title 17, United States Code, is amended by adding at the end the following new subparagraph: ``(D) A proceeding under this chapter shall be commenced as soon as practicable after the date of the enactment of this subparagraph to determine royalty rates and terms for nonsubscription broadcast transmissions, to be effective for the period beginning on such date of enactment, and ending on December 31, 2028. Any payment due under section 114(f)(1)(D) shall not be due until the due date of the first royalty payments for nonsubscription broadcast transmissions that are determined, after the date of the enactment of this subparagraph, by the Copyright Royalty Judges. Thereafter, such proceeding shall be repeated in each subsequent fifth calendar year.''. SEC. 4. SPECIAL PROTECTION FOR SMALL BROADCASTERS. (a) Specified Royalty Fees.--Section 114(f)(1) of title 17, United States Code, is amended by inserting at the end the following new subparagraph: ``(D)(i) Notwithstanding the provisions of subparagraphs (A) through (C), the royalty rate shall be as follows for nonsubscription broadcast transmissions by each individual terrestrial broadcast station licensed as such by the Federal Communications Commission that satisfies the conditions in clause (ii)-- ``(I) $10 per calendar year, in the case of nonsubscription broadcast transmissions by a broadcast station that generated revenue in the immediately preceding calendar year of less than $100,000; ``(II) $100 per calendar year, in the case of nonsubscription broadcast transmissions by a broadcast station that is a public broadcasting entity as defined in section 118(f) and generated revenue in the immediately preceding calendar year of $100,000 or more, but less than $1,500,000; and ``(III) $500 per calendar year, in the case of nonsubscription broadcast transmissions by a broadcast station that is not a public broadcasting entity as defined in section 118(f) and generated revenue in the immediately preceding calendar year of $100,000 or more, but less than $1,500,000. ``(ii) An individual terrestrial broadcast station licensed as such by the Federal Communications Commission is eligible for a royalty rate set forth in clause (i) if-- ``(I) the revenue from the operation of that individual station was less than $1,500,000 during the immediately preceding calendar year; ``(II) the aggregate revenue of the owner and operator of the broadcast station and any person directly or indirectly controlling, controlled by, or under common control with such owner or operator, from any source, was less than $10,000,000 during the immediately preceding calendar year; and ``(III) the owner or operator of the broadcast station provides to the nonprofit collective designated by the Copyright Royalty Judges to distribute receipts from the licensing of transmissions in accordance with subsection (f), by no later than January 31 of the relevant calendar year, a written and signed certification of the station's eligibility under this clause and the applicable subclause of clause (i), in accordance with requirements the Copyright Royalty Judges shall prescribe by regulation. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. ``(iv) The royalty rates specified in clause (i) shall not be admissible as evidence or otherwise taken into account in determining royalty rates in a proceeding under chapter 8, or in any other administrative, judicial, or other Federal Government proceeding involving the setting or adjustment of the royalties payable for the public performance or reproduction in ephemeral phonorecords or copies of sound recordings, the determination of terms or conditions related thereto, or the establishment of notice or recordkeeping requirements.''. (b) Technical Correction.--Section 118(f) of title 17, United States Code, is amended by striking ``section 397 of title 47'' and inserting ``section 397 of the Communications Act of 1934 (47 U.S.C. 397)''. SEC. 5. DISTRIBUTION OF CERTAIN ROYALTIES. Section 114(g) of title 17, United States Code, is amended-- (1) in paragraph (1), by inserting ``or in the case of a transmission to which paragraph (5) applies'' after ``this section''; (2) by redesignating paragraphs (5), (6), and (7) as (6), (7), and (8), respectively; and (3) by inserting after paragraph (4) the following new paragraph: ``(5) Notwithstanding paragraph (1), to the extent that a license granted by the copyright owner of a sound recording to a transmitting entity eligible for a statutory license under subsection (d)(2) extends to such entity's transmissions otherwise licensable under a statutory license in accordance with subsection (f), such entity shall pay to the collective designated to distribute statutory licensing receipts from the licensing of transmissions in accordance with subsection (f), 50 percent of the total royalties that such entity is required, pursuant to the applicable license agreement, to pay for such transmissions otherwise licensable under a statutory license in accordance with subsection (f). That collective shall distribute such payments in proportion to the distributions provided in subparagraphs (B) through (D) of paragraph (2), and such payments shall be the only payments to which featured and nonfeatured artists are entitled by virtue of such transmissions under the direct license with such entity.''. SEC. 6. NO HARMFUL EFFECTS ON SONGWRITERS. Nothing in this Act, or the amendments made by this Act, shall adversely affect in any respect the public performance rights of or royalties payable to songwriters or copyright owners of musical works. SEC. 7. VALUE OF PROMOTION TAKEN INTO ACCOUNT. Pursuant to section 114(f)(1)(B) of title 17, United States Code, in determining rates and terms for terrestrial broadcast radio stations under this Act, and the amendments made by this Act, the Copyright Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties, including whether use of the station's service may substitute for or may promote the sales of phonorecords or otherwise may interfere with or may enhance the sound recording copyright owner's other streams of revenue from the copyright owner's sound recordings. Union Calendar No. 509 117th CONGRESS 2d Session H. R. 4130 [Report No. 117-693] _______________________________________________________________________

American Music Fairness Act of 2022

To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes.

American Music Fairness Act of 2022 American Music Fairness Act

Rep. Deutch, Theodore E.

D

FL

S.1706

Economics and Public Finance

Taxpayer Receipt Act This bill requires the Department of the Treasury to provide taxpayers with a one-page document that contains information regarding the federal budget for the most recently completed fiscal year. The document must include total outlays during the year, total revenues collected during the year, the deficit or surplus for the year, and the total debt held by the public.

To require the Secretary of the Treasury to provide taxpayers with information regarding the Federal budget. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Receipt Act''. SEC. 2. INFORMATION REGARDING THE FEDERAL BUDGET. The Secretary of the Treasury, or the Secretary's delegate, shall provide, to each individual filing a Federal income tax return for a taxable year, a one-page document which contains, with respect to the most recently completed fiscal year-- (1) total Federal outlays during such year; (2) total Federal revenues collected during such year; (3) the Federal deficit or surplus for such year; and (4) the total Federal debt held by the public. <all>

Taxpayer Receipt Act

A bill to require the Secretary of the Treasury to provide taxpayers with information regarding the Federal budget.

Taxpayer Receipt Act

Sen. Braun, Mike

R

IN

H.R.5839

Armed Forces and National Security

This bill authorizes the President to posthumously award the Medal of Honor to Charles R. Johnson for his acts of valor as a private first class in the Army on June 11 and 12, 1953, during the Korean War.

To authorize the President to award the Medal of Honor to Charles R. Johnson for acts of valor during the Korean War while a member of the Army. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO CHARLES R. JOHNSON FOR ACTS OF VALOR DURING THE KOREAN WAR. (a) Authorization.--Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may posthumously award the Medal of Honor under section 7271 of such title to Charles R. Johnson for the acts of valor described in the subsection (b). (b) Acts of Valor Described.--The acts of valor described in this subsection are the actions of Charles R. Johnson as a private first class in the Army, on June 11 and 12, 1953, during the Korean War, for which he was posthumously awarded the Silver Star. <all>

To authorize the President to award the Medal of Honor to Charles R. Johnson for acts of valor during the Korean War while a member of the Army.

To authorize the President to award the Medal of Honor to Charles R. Johnson for acts of valor during the Korean War while a member of the Army.

Official Titles - House of Representatives Official Title as Introduced To authorize the President to award the Medal of Honor to Charles R. Johnson for acts of valor during the Korean War while a member of the Army.

Rep. Delgado, Antonio

D

NY

H.R.1262

Transportation and Public Works

Notice to Airmen Improvement Act of 2021 This bill directs the Federal Aviation Administration (FAA) to establish the FAA Task Force on NOTAM (notice to airmen required by international or domestic law) Improvement. Specifically, the task force must (1) review existing methods for presenting NOTAMs and flight operations information to pilots; (2) review regulations and policies relating to NOTAMs, including their content and presentation to pilots; (3) evaluate and determine best practices to organize, prioritize, and present flight operations information in a manner that optimizes pilot review and retention of relevant information; (4) provide recommendations to improve the presentation of NOTAM information; and (5) report to Congress on its reviews and evaluations. The task force must terminate on the later of the date it submits its report or 18 months after its establishment.

To establish a task force on improvements for certain notices to airmen, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Notice to Airmen Improvement Act of 2021''. SEC. 2. FAA TASK FORCE ON NOTAM IMPROVEMENT. (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish a task force to be known as the FAA Task Force on NOTAM Improvement (in this section referred to as the ``Task Force''). (b) Composition.--The Task Force shall consist of members appointed by the Administrator, including at least one member of each of the following: (1) Air carrier representatives. (2) Labor union representatives of airline pilots. (3) Labor union certified under section 7111 of title 5, United States Code, to represent FAA air traffic control specialists assigned to the U.S. NOTAM Office. (4) Labor union certified under section 7111 of title 5, United States Code, to represent FAA aeronautical information specialists. (5) General and business aviation representatives. (6) Aviation safety experts with knowledge of NOTAMs. (7) Human factors experts. (c) Duties.--The duties of the Task Force shall include-- (1) reviewing existing methods for presenting NOTAMs and flight operations information to pilots; (2) reviewing regulations and policies relating to NOTAMs, including their content and presentation to pilots; (3) evaluating and determining best practices to organize, prioritize, and present flight operations information in a manner that optimizes pilot review and retention of relevant information; and (4) providing recommendations for-- (A) improving the presentation of NOTAM information in a manner that prioritizes or highlights the most important information, and optimizes pilot review and retention of relevant information; (B) ways to ensure that NOTAMs are complete, accurate, and contain the proper information; (C) any best practices that the FAA should consider to improve the accuracy and understandability of NOTAMs and the display of flight operations information; and (D) ways to work with air carriers, other airspace users, and aviation service providers to implement solutions that are aligned with the recommendations under this paragraph. (d) Report.--Not later than 1 year after the date of the establishment of the Task Force, the Task Force shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing-- (1) the results of the reviews and evaluations of the Task Force under paragraphs (1) through (3) of subsection (c); (2) the best practices identified and recommendations provided by the Task Force under subsection (c)(4); (3) any recommendations of the Task Force for additional regulatory or policy actions to improve the presentation of NOTAMs; and (4) the degree to which implementing the recommendations of the Task Force described under paragraph (2) will address National Transportation Safety Board Safety Recommendation A- 18-024. (e) Applicable Law.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force. (f) Sunset.--The Task Force shall terminate on the later of-- (1) the date on which the Task Force submits the report required under subsection (d); or (2) the date that is 18 months after the date on which the Task Force is established under subsection (a). (g) Authority.--The Administrator shall have the authority to carry out the recommendations of the Task Force detailed in the report required under subsection (d). (h) Definitions.--In this section: (1) FAA.--The term ``FAA'' means the Federal Aviation Administration. (2) NOTAM.--The term ``NOTAM'' means notices to airmen required by international or domestic regulation or law, as described in the order issued by the FAA on December 11, 2018, titled ``Notices to Airmen (NOTAM)''. Passed the House of Representatives June 15, 2021. Attest: CHERYL L. JOHNSON, Clerk.

Notice to Airmen Improvement Act of 2021

To establish a task force on improvements for certain notices to airmen, and for other purposes.

Notice to Airmen Improvement Act of 2021 Notice to Airmen Improvement Act of 2021 Notice to Airmen Improvement Act of 2021 Notice to Airmen Improvement Act of 2021

Rep. Stauber, Pete

R

MN

S.957

Armed Forces and National Security

This bill requires the Department of Veterans Affairs (VA) to designate periods during which any individual may dispose of controlled substances medications at VA medical facilities with an on-site pharmacy or a physical location dedicated for law enforcement purposes. The bill also authorizes the VA to carry out public information campaigns regarding the designated disposal periods.

[117th Congress Public Law 29] [From the U.S. Government Publishing Office] [[Page 135 STAT. 306]] Public Law 117-29 117th Congress An Act To direct the Secretary of Veterans Affairs to ensure that certain medical facilities of the Department of Veterans Affairs have physical locations for the disposal of controlled substances medications. <<NOTE: July 29, 2021 - [S. 957]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DESIGNATION OF PERIODS DURING WHICH ANY INDIVIDUAL MAY DISPOSE OF CONTROLLED SUBSTANCES MEDICATIONS AT FACILITIES OF THE DEPARTMENT OF VETERANS AFFAIRS. Section 3009 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315; 38 U.S.C. 8110 note) is amended-- (1) by redesignating subsection (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following new subsection (b): ``(b) Designation of Periods for Any Individual to Dispose of Medication.-- ``(1) In general.--The Secretary shall designate periods during which any individual may dispose of controlled substances medications at a covered Department medical facility. ``(2) Public information campaigns.--The Secretary may carry out public information campaigns regarding the periods designated under paragraph (1).''. Approved July 29, 2021. LEGISLATIVE HISTORY--S. 957: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 167 (2021): Apr. 22, considered and passed Senate. July 26, 27, considered and passed House. <all>

DUMP Opioids Act

A bill to direct the Secretary of Veterans Affairs to ensure that certain medical facilities of the Department of Veterans Affairs have physical locations for the disposal of controlled substances medications.

DUMP Opioids Act Dispose Unused Medications and Prescription Opioids Act

Sen. Kennedy, John

R

LA

S.3229

Agriculture and Food

Cattle Price Discovery and Transparency Act of 2021 This bill requires the Department of Agriculture (USDA) to take various actions to address transparency in pricing and contract terms in the cattle industry. Among these requirements, USDA must (1) establish regional minimum percentages of cattle that meat packers must procure through negotiated purchases or negotiated grid purchases (i.e., transactions where the price is known and negotiated at the time of the transaction), and (2) maintain a publicly available catalog of contracts offered by meat packers to livestock producers for the purchase of fed cattle.

To amend the Agricultural Marketing Act of 1946 to establish a cattle contract library, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cattle Price Discovery and Transparency Act of 2021''. SEC. 2. DEFINITIONS. (a) In General.--Section 212 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1635a) is amended-- (1) in paragraph (5), by striking ``cattle,'' and inserting ``cattle (including fed cattle),''; (2) by redesignating paragraphs (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), and (14) as paragraphs (5), (6), (7), (8), (10), (11), (12), (13), (15), (16), and (17), respectively; (3) by inserting after paragraph (3) the following: ``(4) Fed cattle.--The term `fed cattle' means a steer or heifer that has been finished on a ration of roughage and feed concentrates, such as grains, protein meal, grass (forage), and other nutrient-rich feeds, prior to slaughter.''; (4) by inserting after paragraph (8) (as so redesignated) the following: ``(9) Negotiated grid purchase.--The term `negotiated grid purchase' means a purchase of fed cattle by a packer from a producer under which-- ``(A) the buyer-seller interaction results in a negotiated base price, which may be adjusted by premiums and discounts; and ``(B) the fed cattle are scheduled for delivery to the packer not more than 14 days after the date on which the agreement for purchase is made.''; and (5) by inserting after paragraph (13) (as so redesignated) the following: ``(14) Regional mandatory minimum.--The term `regional mandatory minimum' means, for each reporting region (as designated by the Agricultural Marketing Service), of the quantity of cattle purchased for slaughter by a packer (as defined in section 259(a)) in that region each current slaughter week, the minimum percentage of such cattle that are required to be purchased through negotiated purchases or negotiated grid purchases from producers.''. (b) Cattle Reporting Definitions.--Section 221 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1635d) is amended-- (1) by striking paragraph (3) and inserting the following: ``(3) Formula marketing arrangement.--The term `formula marketing arrangement' means the advance commitment of cattle for slaughter-- ``(A) by any means other than through a negotiated purchase, negotiated grid purchase, or forward contract; and ``(B) using a method for calculating price-- ``(i) under which the price is determined at a future date; and ``(ii) the basis of which is a price established for a specified market, which may be based on any publicly reported price, including plant average price, regional price, downstream price, or some other mutually agreeable price source.''; (2) in paragraph (8)(B), by striking ``market'' and inserting ``marketing''; (3) by redesignating paragraphs (3), (4), (5), (6), (7), and (8) as paragraphs (4), (5), (7), (8), (10), and (12), respectively; (4) by inserting after paragraph (2) the following: ``(3) Contract.-- ``(A) In general.--The term `contract' means any agreement, written or oral, between a packer and a producer for the purchase of fed cattle for slaughter. ``(B) Exclusion.--The term `contract' does not include a contract for a negotiated purchase.''; (5) by inserting after paragraph (5) (as so redesignated) the following: ``(6) Heifer.--The term `heifer' means a bovine female that has not given birth to a calf.''; (6) by inserting after paragraph (8) (as so redesignated) the following: ``(9) Steer.--The term `steer' means a bovine male castrated before reaching sexual maturity.''; and (7) by inserting after paragraph (10) (as so redesignated) the following: ``(11) Type of contract.-- ``(A) In general.--The term `type of contract' means the classification of a contract for the purchase of cattle-- ``(i) into 1 of the categories described in subparagraph (B); and ``(ii) by determining the base price of the cattle. ``(B) Categories.--The categories for classification of a type of contract are the following: ``(i) Formula marketing arrangement. ``(ii) Forward contract. ``(iii) Negotiated grid purchase contract.''. SEC. 3. 14-DAY CATTLE SLAUGHTER. (a) Definition of Cattle Committed.--Section 221(1) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1635d(1)) is amended by striking ``7-day'' and inserting ``14-day''. (b) Mandatory Reporting for Live Cattle.--Section 222(c) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1635e(c)) is amended-- (1) in paragraph (1)-- (A) by striking subparagraphs (B) and (C); and (B) by redesignating subparagraph (D) as subparagraph (B); (2) in paragraph (2), by striking ``the information'' and inserting ``information reported under this subsection''; (3) by redesignating paragraph (2) as paragraph (3); and (4) by inserting after paragraph (1) the following: ``(2) Prior day reporting.-- ``(A) In general.--The corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary, for each business day of the packer processing plant, not later than 10:00 a.m. Central Time on each reporting day, the information from the prior business day described in subparagraph (B). ``(B) Information required.--The information required under subparagraph (A) shall be, with respect to the prior business day, the number of cattle, organized by cattle type, scheduled for delivery to a packer processing plant for slaughter for each of the next 14 calendar days.''. SEC. 4. DAILY FORMULA BASE PRICE REPORTING. Section 222(c)(1)(A) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1635e(c)(1)(A)) is amended in the matter preceding clause (i) by inserting ``(including base price information for cattle purchased through a formula marketing arrangement)'' after ``day''. SEC. 5. EXPEDITED CARCASS WEIGHTS REPORTING. Section 222 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1635e) is amended by adding at the end the following: ``(f) Expedited Carcass Weights.-- ``(1) Determination.--Not later than 180 days after the date of enactment of the Cattle Price Discovery and Transparency Act of 2021, the Secretary shall determine the minimum amount of time needed by the Secretary to publicly report the daily average carcass weight of cattle slaughtered by packer processing plants. ``(2) Reporting.--Not later than 180 days after the Secretary has made a determination under paragraph (1), the Secretary shall begin publicly reporting the information described in that paragraph within the time determined under that paragraph.''. SEC. 6. CATTLE CONTRACT LIBRARY. Chapter 2 of subtitle B of the Agricultural Marketing Act of 1946 is amended-- (1) by redesignating section 223 (7 U.S.C. 1635f) as section 224; and (2) by inserting after section 222 (7 U.S.C. 1635e) the following: ``SEC. 223. CATTLE CONTRACT LIBRARY. ``(a) In General.--Subject to the availability of appropriations to carry out this section, the Secretary shall establish and maintain, through the Livestock Mandatory Price Reporting program, a library or catalog of each type of contract offered by packers to producers for the purchase of all or part of the production of the producers of fed cattle (including cattle that are purchased or committed for delivery), including any schedules of premiums or discounts associated with the contract. ``(b) Information Collection.-- ``(1) In general.--To maintain the library or catalog established under subsection (a), the Secretary shall obtain information from each packer on each type of existing contract of the packer by requiring a filing or other form of information submission from each packer. ``(2) Contracted cattle information.--Information submitted to the Secretary by a packer under paragraph (1) shall include, with respect to each existing contract of a packer-- ``(A) the type of contract; ``(B) the duration of the contract; ``(C) a summary of the contract terms; ``(D) provisions in the contract that may affect the price of cattle covered by the contract, including schedules, premiums and discounts, and transportation arrangements; ``(E) the total number of cattle covered by the contract solely committed to the packer each week within the 6-month and 12-month periods following the date of the contract, organized by reporting region; ``(F) in the case of a contract in which a specific number of cattle are not solely committed to the packer-- ``(i) an indication that the contract is an open commitment; and ``(ii) any weekly, monthly, annual, or other limitations on the number of cattle that may be delivered to the packer under the contract; and ``(G) a description of the provisions in the contract that provide for expansion in the numbers of fed cattle to be delivered under the contract for the 6-month and 12-month periods following the date of the contract. ``(c) Availability of Information.-- ``(1) In general.--The Secretary shall make publicly available to producers and other interested persons information (including the information described in subsection (b)(2)), in a user-friendly format, on the types of contracts in the library or catalog established under subsection (a), including notice (on a real-time basis, if practicable) of the types of contracts that are being offered by packers to, and are open to acceptance by, producers for the purchase of fed cattle. ``(2) Monthly report.-- ``(A) In general.--Beginning 30 days after the library or catalog is established under subsection (a), the Secretary shall make the information obtained each month in the library or catalog available in a monthly report to producers and other interested persons. ``(B) Contents.--The monthly report described in subparagraph (A) shall include-- ``(i) based on the information collected under subsection (b)(2)(E), an estimate by the Secretary of the total number of fed cattle committed under contracts for delivery to packers within the 6-month and 12-month periods following the date of the report, organized by reporting region and type of contract; ``(ii) based on the information collected under subsection (b)(2)(F), the number of contracts with an open commitment and any weekly, monthly, annual, or other limitations on the number of cattle that may be delivered under such contracts; and ``(iii) based on the information collected under subsection (b)(2)(G), an estimate by the Secretary of the total maximum number of fed cattle that may be delivered within the 6-month and 12-month periods following the date of the report, organized by reporting region and type of contract. ``(d) Maintenance of Library or Catalog.--Information in the library or catalog established under subsection (a) about types of contracts that are no longer offered or in use shall be removed from the library or catalog. ``(e) Confidentiality.--The reporting requirements for packers under this section shall be subject to the confidentiality protections provided under section 251. ``(f) Violations.--It shall be unlawful and a violation of this Act for any packer to willfully fail or refuse-- ``(1) to provide to the Secretary accurate information required under this section; or ``(2) to comply with any other requirement of this section. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.''. SEC. 7. PUBLIC AVAILABILITY OF INFORMATION. Section 251(a) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1636(a)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (2) in the matter preceding subparagraph (A) (as so redesignated), by striking ``The Secretary shall make available to the public information'' and inserting the following: ``(1) In general.--The Secretary shall make available to the public all information''; and (3) by adding at the end the following: ``(2) Effect.--Nothing in this section permits the Secretary, or any officer or employee of the Secretary, to withhold from the public the information, statistics, and documents described in paragraph (1).''. SEC. 8. CASH MARKET ACQUISITION OF CATTLE. (a) Sense of the Senate.--It is the sense of the Senate that-- (1) all participants in the fed cattle market have a responsibility to contribute to regionally sufficient levels of negotiated trade of fed cattle in all cattle feeding regions in order to achieve robust price discovery; and (2) the Department of Agriculture should examine existing academic literature regarding minimum levels of cash transactions necessary to achieve robust price discovery and enhance cattle producer leverage in the marketplace in each of the cattle marketing regions. (b) Amendment.--Chapter 5 of subtitle B of the Agricultural Marketing Act of 1946 (7 U.S.C. 1636 et seq.) is amended-- (1) by redesignating sections 259 and 260 as sections 260 and 261, respectively; and (2) by inserting after section 258 the following: ``SEC. 259. REGIONAL MANDATORY MINIMUMS FOR NEGOTIATED PURCHASES AND NEGOTIATED GRID PURCHASES. ``(a) Definition of Packer.-- ``(1) In general.--In this section, the term `packer' has the meaning given the term in section 221. ``(2) Exclusion.--In this section, the term `packer' does not include a packer that slaughters cattle at only 1 livestock processing plant. ``(b) Establishment.-- ``(1) In general.--Not later than 2 years after the date of enactment of the Cattle Price Discovery and Transparency Act of 2021, the Secretary, in consultation with the Chief Economist, shall establish-- ``(A) regional mandatory minimums for the purpose of enhancing price discovery, transparency, and cattle producer leverage for cattle market participants; and ``(B) methods for establishing those regional mandatory minimums, which shall be publicly available. ``(2) Purchases.--A packer shall, with respect to a packer processing plant, purchase by negotiated purchase or negotiated grid purchase the percentage of cattle required by the regional mandatory minimum established for the region in which the packer processing plant is located. ``(c) Public Input.--In carrying out subsection (b), the Secretary shall make all proposed regional mandatory minimums and proposed methods for establishing those minimums subject to a notice and comment period. ``(d) Duration.--Regional mandatory minimums established for each reporting region under subsection (b)(1) shall be applicable for not more than a 24-month period. ``(e) Considerations.--In carrying out subsection (b) for each reporting region, the Secretary, in consultation with the Chief Economist, shall consider the following factors: ``(1) The number of packers in the reporting region. ``(2) The availability of cattle in the reporting region. ``(3) Pre-existing contractual arrangements of packers in the reporting region. ``(4) The number of pricing transactions (pens of cattle sold) in the reporting region. ``(f) Initial Requirement.-- ``(1) In general.--Subject to paragraph (2), the initial regional mandatory minimums established for each reporting region under subsection (b)(1) shall be not less than the average percentage of negotiated purchases and negotiated grid purchases in that region from the preceding 18 months. ``(2) Requirement.--No initial regional mandatory minimum established for a reporting region under paragraph (1) shall exceed 300 percent of the lowest initial regional mandatory minimum established under that paragraph for a region that has publicly reported a majority of weekly market information during the previous 18 months. ``(g) Biannual Review.--On establishing regional mandatory minimums under subsection (b)(1), the Secretary-- ``(1) shall review the regional mandatory minimums not less frequently than once every 2 years; and ``(2) shall, in consultation with the Chief Economist-- ``(A) maintain existing regional mandatory minimums; or ``(B) modify the regional mandatory minimums after-- ``(i) consulting with representatives of the United States cattle and beef industry; and ``(ii) making the proposed modification subject to a notice and comment period. ``(h) Enforcement.--On establishing regional mandatory minimums under subsection (b)(1), the Secretary shall-- ``(1) regularly monitor compliance by packers with those regional mandatory minimums; and ``(2) enforce this section in accordance with section 203 of the Packers and Stockyards Act, 1921 (7 U.S.C. 193). ``(i) Cost-Benefit Analysis.--Not later than 2 years after establishing regional mandatory minimums under subsection (b)(1), the Secretary, in consultation with the Chief Economist, shall conduct a quantifiable, data-driven cost-benefit analysis regarding the operation and effect of those regional mandatory minimums. ``(j) Application.--This section shall apply only with respect to the reporting regions designated by the Agricultural Marketing Service.''. SEC. 9. MAXIMUM PENALTY AMOUNT. The Secretary of Agriculture shall revise section 3.91(b)(1)(lvi) of title 7, Code of Federal Regulations (or a successor regulation), to establish a maximum civil penalty of $86,156, which shall be adjusted for inflation in the same manner and to the same extent as civil monetary penalties under the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note). <all>

Cattle Price Discovery and Transparency Act of 2021

A bill to amend the Agricultural Marketing Act of 1946 to establish a cattle contract library, and for other purposes.

Cattle Price Discovery and Transparency Act of 2021

Sen. Fischer, Deb

R

NE

S.610

Health

Protecting Medicare and American Farmers from Sequester Cuts Act This bill makes several budgetary, technical, and procedural changes, particularly in relation to Medicare and increasing the debt limit. Specifically, the bill continues to exempt Medicare from sequestration until March 31, 2022. (Sequestration is a process of automatic, usually across-the-board spending reductions under which budgetary resources are permanently cancelled to enforce specific budget policy goals.) The bill also establishes expedited Senate procedures for considering legislation to increase the debt limit. The procedures limit debate, waive points of order, and prohibit amendments. The procedures may only be used once and expire after January 16, 2022. Additionally, the bill (1) temporarily extends other provisions under Medicare, including a payment increase under the physician fee schedule; and (2) requires any debits recorded for FY2022 on the statutory pay-as-you-go (PAYGO) scorecards to be deducted from the scorecards for 2022 and added to the scorecards for 2023.

[117th Congress Public Law 71] [From the U.S. Government Publishing Office] [[Page 1505]] PROTECTING MEDICARE AND AMERICAN FARMERS FROM SEQUESTER CUTS ACT [[Page 135 STAT. 1506]] Public Law 117-71 117th Congress An Act To address behavioral health and well-being among health care professionals. <<NOTE: Dec. 10, 2021 - [S. 610]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Protecting Medicare and American Farmers from Sequester Cuts Act.>> SECTION 1. <<NOTE: 2 USC 900 note.>> SHORT TITLE. This Act may be cited as the ``Protecting Medicare and American Farmers from Sequester Cuts Act''. SEC. 2. ADJUSTMENTS TO MEDICARE SEQUESTRATION REDUCTIONS. (a) Extension of Temporary Suspension Through March 2022.-- (1) In general.--Section 3709(a) of division A of the CARES Act (2 U.S.C. 901a note) is amended-- (A) in the subsection header by inserting ``and Adjustment'' after ``Suspension''; and (B) by striking ``December 31, 2021'' and inserting ``March 31, 2022''. (2) <<NOTE: 2 USC 901a note.>> Effective date.--The amendments made by paragraph (1) shall take effect as if enacted as part of the CARES Act (Public Law 116-136). (b) Adjustments to Medicare Program Sequestration Reduction With Respect to Fiscal Years 2022 and 2030.--Section 251A(6) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a(6)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (E); and (2) by inserting after subparagraph (B) the following new subparagraphs: ``(C) <<NOTE: Applicability.>> Notwithstanding the 2 percent limit specified in subparagraph (A) for payments for the Medicare programs specified in section 256(d), the sequestration order of the President under such subparagraph for fiscal year 2022 shall be applied to such payments so that with respect to the period beginning on April 1, 2022, and ending on June 30, 2022, the payment reduction shall be 1.0 percent. ``(D) <<NOTE: Applicability.>> Notwithstanding the 2 percent limit specified in subparagraph (A) for payments for the Medicare programs specified in section 256(d), the sequestration order of the President under such subparagraph for fiscal year 2030 shall be applied to such payments so that-- ``(i) with respect to the first 6 months in which such order is effective for such fiscal year, the payment reduction shall be 2.25 percent; and [[Page 135 STAT. 1507]] ``(ii) with respect to the second 6 months in which such order is so effective for such fiscal year, the payment reduction shall be 3 percent.''. SEC. 3. EXTENSION OF SUPPORT FOR PHYSICIANS AND OTHER PROFESSIONALS IN ADJUSTING TO MEDICARE PAYMENT CHANGES. (a) In General.--Section 1848 of the Social Security Act (42 U.S.C. 1395w-4) is amended-- (1) in subsection (c)(2)(B)(iv)(V), by striking ``2021'' and inserting ``2021 or 2022''; and (2) in subsection (t)-- (A) in the subsection header, by striking ``2021'' and inserting ``2021 and 2022''; (B) in paragraph (1)-- (i) by striking ``during 2021'' and inserting ``during 2021 and 2022''; and (ii) by striking ``for such services furnished on or after January 1, 2021, and before January 1, 2022, by 3.75 percent.'' and inserting ``for-- ``(A) such services furnished on or after January 1, 2021, and before January 1, 2022, by 3.75 percent; and ``(B) such services furnished on or after January 1, 2022, and before January 1, 2023, by 3.0 percent.''; and (C) in paragraph (2)(C)-- (i) in the subparagraph header, by striking ``2021'' and inserting ``2021 and 2022''; (ii) by inserting ``for services furnished in 2021 or 2022'' after ``under this subsection''; and (iii) by inserting ``or 2022, respectively'' before the period at the end. (b) Report.--Section 101(c) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260) <<NOTE: 134 Stat. 1950.>> is amended-- (1) in the first sentence-- (A) by striking ``April 1, 2022'' and inserting ``each of April 1, 2022, and April 1, 2023''; and (B) by striking ``, as added by subsection (a)'' and inserting ``furnished during 2021 or 2022, respectively''; and (2) in the second sentence-- (A) by striking ``Such report'' and inserting ``Each such report''; and (B) by inserting ``with respect to 2021 or 2022, as applicable'' after ``under such section''. SEC. 4. PRESERVING PATIENT ACCESS TO CRITICAL CLINICAL LAB SERVICES. (a) Revised Phase-in of Reductions From Private Payor Rate Implementation.--Section 1834A(b)(3) of the Social Security Act (42 U.S.C. 1395m-1(b)(3)) is amended-- (1) in subparagraph (A), by striking ``through 2024'' and inserting ``through 2025''; and (2) in subparagraph (B)-- (A) in clause (ii), by striking ``for 2021'' and inserting ``for each of 2021 and 2022''; and (B) in clause (iii), by striking ``2022 through 2024'' and inserting ``2023 through 2025''. [[Page 135 STAT. 1508]] (b) Revised Reporting Period for Reporting of Private Sector Payment Rates for Establishment of Medicare Payment Rates.--Section 1834A(a)(1)(B) of the Social Security Act (42 U.S.C. 1395m-1(a)(1)(B)) is amended-- (1) in clause (i), by striking ``December 31, 2021'' and inserting ``December 31, 2022''; and (2) in clause (ii)-- (A) by striking ``January 1, 2022'' and inserting ``January 1, 2023''; and (B) by striking ``March 31, 2022'' and inserting ``March 31, 2023''. SEC. 5. DELAY TO THE IMPLEMENTATION OF THE RADIATION ONCOLOGY MODEL UNDER THE MEDICARE PROGRAM. Section 133 of Division CC of the Consolidated Appropriations Act, 2021 (Public Law 116-260) <<NOTE: 134 Stat. 2976.>> is amended by striking ``January 1, 2022'' and inserting ``January 1, 2023''. SEC. 6. MEDICARE IMPROVEMENT FUND. Section 1898(b)(1) of the Social Security Act (42 U.S.C. 1395iii(b)(1)) is amended by striking ``fiscal year 2021'' and all that follows through the period at the end and inserting ``fiscal year 2021, $101,000,000.''. SEC. 7. <<NOTE: Determination. Time periods.>> PAYGO ANNUAL REPORT. For the purposes of the annual report issued pursuant to section 5 of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 934) after adjournment of the first session of the 117th Congress, and for determining whether a sequestration order is necessary under such section, the debit for the budget year on the 5-year scorecard, if any, and the 10-year scorecard, if any, shall be deducted from such scorecard in 2022 and added to such scorecard in 2023. SEC. 8. EXPEDITED PROCEDURES FOR CONSIDERING AN INCREASE IN THE DEBT LIMIT. (a) Definition.--In this section, the term ``joint resolution'' means a joint resolution-- (1) <<NOTE: Time period.>> that is introduced by the Majority Leader of the Senate, or a designee, during the period beginning on the date of enactment of this Act and ending on December 31, 2021; (2) which does not have a preamble; (3) the title of which is as follows: ``Joint resolution relating to increasing the debt limit.''; and (4) the matter after the resolving clause of which is as follows: ``That the limitation under section 3101(b) of title 31, United States Code, as most recently increased by Public Law 117-50 (31 U.S.C. 3101 note), is increased by $_________.'', the blank space being appropriately filled in with the dollar amount of the increase. (b) Expedited Consideration in Senate.-- (1) Placement on calendar.--Upon introduction in the Senate, the joint resolution shall be placed immediately on the calendar. (2) Proceeding to consideration.-- (A) <<NOTE: Deadline.>> In general.-- Notwithstanding rule XXII of the Standing Rules of the Senate, it is in order, not later than January 15, 2022 (even though a previous motion [[Page 135 STAT. 1509]] to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution. (B) Procedure.--For a motion to proceed to the consideration of the 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 joint resolution shall remain the unfinished business until disposed of. (3) Floor consideration.-- (A) In general.--If the Senate proceeds to consideration of the joint resolution-- (i) all points of order against the joint resolution (and against consideration of the joint resolution) are waived; (ii) <<NOTE: Time period.>> debate on the 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 Chairman and Ranking Member of the Committee on Finance; (iii) an amendment to the joint resolution is not in order; (iv) a motion to postpone or a motion to commit the joint resolution is not in order; and (v) a motion to proceed to the consideration of other business is not in order. (B) Vote on passage.--The vote on passage shall occur immediately following the conclusion of the debate on the joint resolution and a single quorum call if requested in accordance with the rules of the Senate. (C) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of this paragraph or the rules of the Senate, as the case may be, to the procedure relating to the joint resolution shall be decided without debate. (D) Single measure authorized.--It shall not be in order to consider more than 1 joint resolution under the procedures under this paragraph. (E) Sunset.--It shall not be in order to consider a joint resolution under the procedures under this paragraph after January 16, 2022. (4) Rules of the senate.--This subsection is enacted by Congress-- (A) as an exercise of the rulemaking power of the Senate, and as such is deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of a joint resolution, and supersede other rules only to the extent that they are inconsistent with such rules; and (B) with full recognition of the constitutional right of the Senate to change the rules (so far as relating to [[Page 135 STAT. 1510]] the procedure of the Senate) at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate. Approved December 10, 2021. LEGISLATIVE HISTORY--S. 610: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 167 (2021): Aug. 5, considered and passed Senate. Dec. 7, considered and passed House, amended. Senate considered concurring in House amendment. Dec. 9, Senate concurred in House amendment. <all>

Protecting Medicare and American Farmers from Sequester Cuts Act

A bill to address behavioral health and well-being among health care professionals.

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

Sen. Kaine, Tim

D

VA

H.R.2151

Armed Forces and National Security

Hire Veteran Health Heroes Act of 2021 This bill requires the Department of Veterans Affairs (VA) to consult with the Department of Defense to identify members of the Armed Forces in health care occupations who are separating from the Armed Forces. The VA must refer interested members to a recruiter for consideration of open positions in the member's specialty and geography of interest.

To identify and refer members of the Armed Forces with a health care occupation who are separating from the Armed Forces for potential employment with the Department of Veterans Affairs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Hire Veteran Health Heroes Act of 2021''. SEC. 2. IDENTIFICATION AND REFERRAL OF MEMBERS OF THE ARMED FORCES WITH A HEALTH CARE OCCUPATION FOR POTENTIAL EMPLOYMENT WITH THE DEPARTMENT OF VETERANS AFFAIRS DURING SEPARATION FROM THE ARMED FORCES. (a) Identification.--The Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall identify members of the Armed Forces in a health care occupation during the separation of such members from the Armed Forces. (b) Referral of Interested Individuals.-- (1) In general.--If a member of the Armed Forces identified under subsection (a) expresses an interest in working in a health care occupation within the Department of Veterans Affairs, the Secretary of Veterans Affairs shall refer the member to a recruiter of the Department for consideration of open positions in the specialty and geography of interest of the member. (2) Timing.--Any referral of a member of the Armed Forces conducted under paragraph (1) shall be made not earlier than one year before the separation of the member from the Armed Forces. (c) Rule of Construction.--Any identification of a member of the Armed Forces under subsection (a) or referral of such member under subsection (b) shall not be construed as a guarantee of employment of such member with the Department of Veterans Affairs. (d) Reports.--Not later than each of one year and two years after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall submit to the appropriate committees of Congress a report on the efficacy of the identification and referral of separating members of the Armed Forces under this section. (e) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) The Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and (B) The Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives. (2) Health care occupation.--The term ``health care occupation'' means an occupation for which an individual may be appointed for employment with the Department of Veterans Affairs under section 7401 of title 38, United States Code. <all>

Hire Veteran Health Heroes Act of 2021

To identify and refer members of the Armed Forces with a health care occupation who are separating from the Armed Forces for potential employment with the Department of Veterans Affairs, and for other purposes.

Hire Veteran Health Heroes Act of 2021

Rep. Latta, Robert E.

R

OH

H.R.1149

Science, Technology, Communications

Communities Overregulating Networks Need Economic Competition Today Act or the CONNECT Act This bill prohibits a state or political subdivision thereof from providing or selling broadband internet access service. Such provision or sale may continue if there is no more than one other commercial provider of broadband internet access that provides competition in a particular area.

To prohibit a State or political subdivision thereof from providing or offering for sale to the public retail or wholesale broadband internet access 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 ``Communities Overregulating Networks Need Economic Competition Today Act'' or the ``CONNECT Act''. SEC. 2. PROHIBITION ON GOVERNMENT OWNED BROADBAND NETWORKS. (a) In General.--Except as provided in subsections (b)(1) and (c), a State or political subdivision thereof may not provide or offer for sale to the public, a telecommunications provider, or to a commercial provider of broadband internet access service, retail or wholesale broadband internet access service. (b) Transitional Rule.--Any State or political subdivision thereof providing or offering for sale, either to the public, a telecommunications provider, or to a provider of broadband internet access service, retail or wholesale broadband internet access service, before the date of the enactment of this section-- (1) notwithstanding subsection (a), may continue to provide or offer for sale such service if the Commission finds there is no more than one other commercial provider of broadband internet access that provides competition for that service in a particular area; (2) shall notify each subscriber of the State or political subdivision if a commercial provider of retail broadband internet access enters the market; and (3) may not construct or extend facilities used to deliver broadband internet access service beyond the geographic area in which the State or political subdivision thereof lawfully operates. (c) Exception.--Notwithstanding subsection (a), this section does not apply to the Tennessee Valley Authority. (d) Rules of Construction.-- (1) In general.--This section may not be construed to restrict a State or political subdivision thereof, from allowing the nondiscriminatory use of its rights-of-way, including access to utility poles, conduits, ducts, or similar support structures used for the deployment of facilities necessary to deliver broadband internet access service. (2) Public safety.--This section may not be construed to restrict a State or political subdivision thereof, from providing broadband facilities or services for 9-1-1, enhanced 9-1-1 service, or Next Generation 9-1-1. (e) Limitation of Commission Authority.--Notwithstanding any provision of law, including section 706 of the Communications Act of 1934 (47 U.S.C. 706), the Commission may not pre-empt State laws to permit a State or political subdivision thereof to provide or offer for sale to the public retail or wholesale broadband internet access service. (f) Definitions.--In this section: (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) Broadband internet access service.--The term ``broadband internet access service'' has the meaning given that term in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation. (3) Commonly accepted standards.--The term ``commonly accepted standards'' means-- (A) the technical standards followed by the communications industry for network, device, and Internet Protocol connectivity, including standards developed by the Third Generation Partnership Project, the Institute of Electrical and Electronics Engineers, the Alliance for Telecommunications Industry Solutions, the Internet Engineering Taskforce, and the International Telecommunications Union; and (B) standards that are accredited by a recognized authority such as the American National Standards Institute. (4) 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. (5) Emergency response provider.--The term ``emergency response provider''-- (A) has the meaning given that term under section 2 of the Homeland Security Act (47 U.S.C. 101); and (B) includes Federal, State, and local governmental and nongovernmental emergency public safety, fire, law enforcement, emergency response, emergency medical (including hospital emergency facilities), and related personnel, agencies, and authorities. (6) Enhanced 9-1-1 service.--The term ``enhanced 9-1-1 service'' has the meaning given that term in section 7(10) of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615b(10)). (7) Interoperable.--The term ``interoperable'' 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, regardless of jurisdiction, equipment, device, software, service provider, or other relevant factors, and without the need for proprietary interfaces. (8) 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. (9) 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. (10) Telecommunications provider.--The term ``telecommunications provider'' means an eligible telecommunications carrier as designated under section 214(e)(2) of the Communications Act of 1934 (47 U.S.C. 214(e)(2)). <all>

Communities Overregulating Networks Need Economic Competition Today Act

To prohibit a State or political subdivision thereof from providing or offering for sale to the public retail or wholesale broadband internet access service, and for other purposes.

CONNECT Act Communities Overregulating Networks Need Economic Competition Today Act

Rep. Long, Billy

R

MO

H.R.5777

Education

Connecting Higher Opportunities In College Education Act or the CHOICE Act This bill makes certain job training programs eligible for federal student aid. To be eligible, a program must (1) provide at least 150 clock hours, 4 semester hours, or 6 quarter hours of instructional time over a minimum of 8 weeks; (2) have verified completion and placement rates meeting a minimum standard; and (3) provide training aligned with high-skill, high-wage, or in-demand industry sectors or occupations in the state or local area in which the program is provided.

To amend the definition of eligible program under the Higher Education Act of 1965 for the purposes of eligibility for Federal financial aid. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Connecting Higher Opportunities In College Education Act'' or the ``CHOICE Act''. SEC. 2. JOB TRAINING PROGRAM. Section 481(b)(1) of the Higher Education Act of 1965 (20 U.S.C. 1088(b)(1)) is amended-- (1) by striking ``or'' at the end of subparagraph (A)(ii); (2) in subparagraph (B)(ii), by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(C)(i) 150 clock hours of instruction, 4 semester hours, or 6 quarter hours, offered during a minimum of 8 weeks, that-- ``(I) has a verified completion rate of at least 70 percent, as determined in accordance with the regulations of the Secretary; ``(II) has a verified placement rate of at least 70 percent, as determined in accordance with the regulations of the Secretary; and ``(III) provides training aligned with the requirements of high-skill, high-wage, or in-demand industry sectors or occupations in the State or local area in which the job training program is provided, as determined by an industry or sector partnership in such State or local area. ``(ii) For purposes of this subparagraph, the terms `in-demand industry sector or occupation', `industry or sector partnership', and `local area' have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).''. <all>

CHOICE Act

To amend the definition of eligible program under the Higher Education Act of 1965 for the purposes of eligibility for Federal financial aid.

CHOICE Act Connecting Higher Opportunities In College Education Act

Rep. Keller, Fred

R

PA

S.3178

International Affairs

This bill states that the United States should seek to support (1) improving Taiwan's asymmetric defense capabilities; (2) bolstering deterrence to preserve peace, security, and stability across the Taiwan Strait; (3) and deepening defense capability interoperability with Taiwan.

To express the sense of Congress on interoperability with Taiwan. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SENSE OF CONGRESS ON INTEROPERABILITY WITH TAIWAN. It is the sense of Congress that, consistent with the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.) and the Six Assurances, the United States should seek to support the goals of-- (1) improving asymmetric defense capabilities of Taiwan; (2) bolstering deterrence to preserve peace, security, and stability across the Taiwan Strait; and (3) deepening interoperability with Taiwan in defense capabilities, including in-- (A) maritime and air domain awareness; and (B) integrated air and missile defense systems. <all>

A bill to express the sense of Congress on interoperability with Taiwan.

A bill to express the sense of Congress on interoperability with Taiwan.

Official Titles - Senate Official Title as Introduced A bill to express the sense of Congress on interoperability with Taiwan.

Sen. Cornyn, John

R

TX

H.R.5271

Government Operations and Politics

This act designates the facility of the United States Postal Service located at 2245 Rosa L Parks Boulevard in Nashville, Tennessee, as the Thelma Harper Post Office Building.

[117th Congress Public Law 277] [From the U.S. Government Publishing Office] [[Page 136 STAT. 4187]] Public Law 117-277 117th Congress An Act To designate the facility of the United States Postal Service located at 2245 Rosa L Parks Boulevard in Nashville, Tennessee, as the ``Thelma Harper Post Office Building''. <<NOTE: Dec. 27, 2022 - [H.R. 5271]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. THELMA HARPER POST OFFICE BUILDING. (a) Designation.--The facility of the United States Postal Service located at 2245 Rosa L Parks Boulevard in Nashville, Tennessee, shall be known and designated as the ``Thelma Harper Post Office Building''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Thelma Harper Post Office Building''. Approved December 27, 2022. LEGISLATIVE HISTORY--H.R. 5271: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): July 12, considered and passed House. Dec. 19, considered and passed Senate. <all>

To designate the facility of the United States Postal Service located at 2245 Rosa L Parks Boulevard in Nashville, Tennessee, as the "Thelma Harper Post Office Building".

To designate the facility of the United States Postal Service located at 2245 Rosa L Parks Boulevard in Nashville, Tennessee, as the "Thelma Harper Post Office Building".

Official Titles - House of Representatives Official Title as Introduced To designate the facility of the United States Postal Service located at 2245 Rosa L Parks Boulevard in Nashville, Tennessee, as the "Thelma Harper Post Office Building".

Rep. Cooper, Jim

D

TN

S.3702

Armed Forces and National Security

United States Colored Troops Congressional Gold Medal Act This bill provides for the award of a Congressional Gold Medal to the African Americans who served with Union forces in recognition of their bravery and outstanding service during the Civil War.

To award a Congressional Gold Medal, collectively, to the African Americans who served with Union forces during the Civil War, in recognition of their bravery and outstanding service. Be it enacted by the Senate 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 Colored Troops Congressional Gold Medal Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Since the colonial era, African Americans have served the United States in times of war. (2) During the Civil War, approximately 200,000 African- American men served in the Union Army and 19,000 African- American men served in the Union Navy. (3) During the Civil War, African-American women were not allowed to formally enlist as soldiers or sailors, though they served as nurses, cooks, spies, and scouts for the Union Army and the Union Navy. (4) While African-American men served in the Navy since its establishment, there was resistance to enlisting them to take up arms for the Union Army at the start of the Civil War. (5) As the Civil War dragged on, President Lincoln broke from the previous policy of his administration and determined that liberating enslaved persons ``was a military necessity absolutely essential for the salvation of the Union''. (6) The Act entitled ``An Act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes'', approved July 17, 1862 (commonly known as the ``Second Confiscation Act'') (12 Stat. 589; chapter 195) and the Act of July 17, 1862 (commonly known as the ``Military Act of 1862'') (12 Stat. 597; chapter 201) were the first official authorizations to employ African Americans in the Union Army. (7) It was not until January 1, 1863, the effective date of the Emancipation Proclamation issued by President Lincoln, that the Union Army was ordered to receive African-American men. (8) On May 22, 1863, the United States War Department issued General Order Number 143, which established the Bureau of Colored Troops for the recruitment and organization of regiments of the Union Army composed of African-American men, called the United States Colored Troops (referred to in this section as ``USCT''). (9) Leaders such as Frederick Douglass encouraged African Americans to enlist to advance the cause of citizenship. ``Once let the black man get upon his person the brass letters, `U.S.', let him get an eagle on his button, and a musket on his shoulder and bullets in his pocket, there is no power on [E]arth that can deny that he has earned the right to citizenship.'', wrote Douglass. (10) African-American sailors constituted a significant segment of the Union Navy, making up 20 percent of the total enlisted force of the Navy. (11) Although there were rank restrictions on African Americans in the Navy before the Civil War, this policy changed after the establishment of the USCT, when the Union Navy started to compete with the Union Army for enlistment of African Americans. (12) Yet, in practice, most African Americans could not advance beyond lowest ranks of ``boy'' and ``landsman.'' (13) African-American soldiers and sailors served with distinction, honor, and bravery amid racial discrimination and adverse circumstances, including the risk of enslavement and torture if captured. (14) Eighteen members of the USCT and 8 African-American sailors were awarded the Medal of Honor, the highest honor in the United States for bravery in combat. (15) For generations after the Civil War, the contributions of African Americans in the Civil War were excluded from historical memory. (16) Public Law No. 102-412 (106 Stat. 2104) authorized the establishment of a memorial on Federal land in the District of Columbia to honor African Americans who served with Union forces during the Civil War. (17) This memorial, featuring a bronze statue of USCT soldiers, an African-American sailor and family, is surrounded by the Wall of Honor, which lists the names of the members of the USCT. (18) The African-American Civil War Museum is located in the District of Columbia. (19) Patriots and heroes who rose in service to a Nation that would not fully recognize them, the African Americans who served the Union during the Civil War deserve our recognition for their contributions to the grant of emancipation and citizenship for nearly 4,000,000 enslaved people and the preservation of the Union. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design to the African Americans who served with Union forces during the Civil War, collectively, in recognition of their bravery and outstanding service during the Civil War. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where the medal shall be available for display as appropriate and available for research. (2) Sense of the congress.--It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at appropriate locations associated with the United States Colored Troops. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the cost of the medals struck under this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 4 shall be deposited in the United States Mint Public Enterprise Fund. <all>

United States Colored Troops Congressional Gold Medal Act

A bill to award a Congressional Gold Medal, collectively, to the African Americans who served with Union forces during the Civil War, in recognition of their bravery and outstanding service.

United States Colored Troops Congressional Gold Medal Act

Sen. Booker, Cory A.

D

NJ

S.1809

Social Welfare

Allowing Steady Savings by Eliminating Tests Act or the ASSET Act This bill prohibits the use of asset tests or resource limits in certain means-tested public assistance programs and increases the resource limits to qualify for Supplemental Security Income (SSI). SSI is a federal income supplement program designed to help aged, blind, and disabled individuals with limited income and resources meet basic needs. Under the bill, states may not use asset or resource limits to determine eligibility for (1) programs funded by Temporary Assistance for Needy Families grants, (2) the Supplemental Nutrition Assistance Program, or (3) the Low-Income Home Energy Assistance Program. In addition, an individual may have up to $10,000 in certain resources (or up to $20,000 for a couple) and qualify for SSI. Under current law, the limit is $2,000 for an individual (or $3,000 for a couple).

To eliminate asset limits employed by certain federally funded means- tested public assistance 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; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Allowing Steady Savings by Eliminating Tests Act'' or the ``ASSET Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings; sense of Congress. Sec. 3. States prohibited from imposing asset limits on programs funded by Temporary Assistance for Needy Families (TANF) grants. Sec. 4. Eliminating asset limits in the supplemental nutrition assistance program (SNAP). Sec. 5. Eliminating asset limit in Low-Income Home Energy Assistance Program (LIHEAP). Sec. 6. Updating and indexing the resource limit for supplemental security income (SSI). Sec. 7. Effective date. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds as follows: (1) Many means-tested public assistance programs limit eligibility for benefits on the basis of the assets of a family, such as savings and other resources. Such asset limits impede the ability of needy families to improve their financial circumstances and thereby reduce their dependence on public assistance programs. (2) Restricting eligibility for public assistance programs on the basis of assets negatively affects the financial security of low-income families. For example, to avoid losing eligibility for public assistance under an asset limit, a family may avoid mainstream financial services such as bank accounts, or refrain from acquiring and saving resources that would enable the family to weather an unanticipated expense. (3) The risk that people who don't need public assistance will take advantage of public assistance programs in the absence of asset limits is low, in part because most applicants for public assistance have very few assets, must meet strict work requirements, and usually may only participate in a program for a limited time. (4) Evidence from States that have eliminated asset limits suggests that the administrative cost savings associated with the elimination of asset limits outweigh any increases in payments made to beneficiaries. (b) Sense of Congress.--It is the sense of Congress that certain federally funded means-tested public assistance programs should not utilize asset limits to restrict eligibility for assistance under those programs. SEC. 3. STATES PROHIBITED FROM IMPOSING ASSET LIMITS ON PROGRAMS FUNDED BY TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) GRANTS. (a) No State Limitation on Allowable Financial Resources.--Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end the following new paragraph: ``(13) No asset or resource limit.--A State to which a grant is made under section 403 shall not apply any asset or resource limit for eligibility of a family for any benefit, assistance, or service provided under the State program funded under this part.''. (b) Conforming Amendments.--Section 408(f) of the Social Security Act (42 U.S.C. 608(f)) is amended-- (1) in the matter preceding paragraph (1), by striking ``or resources''; and (2) in paragraph (1)-- (A) in the paragraph header, by striking ``and resources''; (B) by striking subparagraph (B); (C) by redesignating subparagraph (C) as subparagraph (B); and (D) in subparagraph (B) (as so redesignated), by striking ``and resources'' each place it appears. (c) Delay Permitted if State Legislation Required.-- (1) In general.--In the case of a State to which a grant is made under section 403 of the Social Security Act (42 U.S.C. 603) that the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) to meet the requirements of paragraph (13) of section 408(a) of such Act (42 U.S.C. 608(a)), such State shall not be regarded as failing to comply with the requirements of such paragraph before the first day of the first calendar quarter that begins after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. (2) 2-year legislative session.--For purposes of paragraph (1), in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature. SEC. 4. ELIMINATING ASSET LIMITS IN THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP). (a) In General.-- (1) Eligible households.--Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended-- (A) in subsection (a), in the first sentence, by striking ``and other financial resources''; (B) by striking subsections (g) and (j); (C) by redesignating subsections (h), (i), (k), (l), (m), and (n) as subsections (g), (h), (i), (j), (k), and (l), respectively; and (D) in subsection (h) (as so redesignated)-- (i) in paragraph (1), by striking ``and resources'' each place it appears; and (ii) in paragraph (2)-- (I) by striking subparagraph (B); and (II) by redesignating subparagraphs (C) through (E) as subparagraphs (B) through (D), respectively. (2) Eligibility disqualifications.--Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is amended-- (A) by striking subsection (h); and (B) by redesignating subsections (i) through (s) as subsections (h) through (r), respectively. (3) Research, demonstration, and evaluations.--Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) is amended-- (A) by striking subsections (h) and (i); and (B) by redesignating subsections (j) through (n) as subsections (h) through (l), respectively. (b) Conforming Amendments.-- (1) Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended-- (A) in subsection (a), in the second sentence, by striking ``and (r)'' and inserting ``and (q)''; and (B) in subsection (d)-- (i) in paragraph (1), by striking ``subsection (k)'' and inserting ``subsection (i)''; and (ii) in paragraph (10), by striking ``subsection (k) of this section'' and inserting ``subsection (i)''. (2) Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is amended-- (A) in subsection (d)(4), by striking ``subsection (o)'' each place it appears and inserting ``subsection (n)''; (B) in subsection (f), in the third sentence, by striking ``and financial resources''; (C) in subsection (q) (as redesignated by subsection (a)(2)(B)), in paragraph (1)(B), by striking ``subsection (k)'' and inserting ``subsection (j)''; and (D) in subsection (r) (as redesignated by subsection (a)(2)(B)), in paragraph (2)-- (i) by striking ``allowable financial resources and''; and (ii) by striking ``(g), (i), (k), (l), (m), and (n)'' and inserting ``(h), (i), (j), (k), and (l)''. (3) Section 7(i)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(i)(1)) is amended by striking ``section 6(o)(2) of this Act'' and inserting ``section 6(n)(2)''. (4) Section 11(e)(22) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)(22)) is amended by striking ``section 6(i)'' and inserting ``section 6(h)''. (5) Section 16 of the Food and Nutrition Act of 2008 (7 U.S.C. 2025) is amended-- (A) in subsection (a)(9), by striking ``section 17(n)'' and inserting ``section 17(l)''; and (B) in subsection (h)-- (i) in paragraph (1)-- (I) in subparagraph (B)(ii), by striking ``section 6(o)'' and inserting ``section 6(n)''; (II) in subparagraph (E)-- (aa) by striking ``section 6(o)(3)'' each place it appears and inserting ``section 6(n)(3)''; (bb) by striking ``section 6(o)(2)'' each place it appears and inserting ``section 6(n)(2)''; and (cc) in clause (ii)-- (AA) in subclause (III), by striking ``section 6(o)(4)'' and inserting ``section 6(n)(4)''; and (BB) in subclause (IV), by striking ``section 6(o)(6)'' and inserting ``section 6(n)(6)''; and (III) in subparagraph (F)(ii)(III)(ee)(AA), by striking ``section 6(o)'' and inserting ``section 6(n)''; and (ii) in paragraph (5)(C)(iv)(I), by striking ``section 6(o)(2)'' and inserting ``section 6(n)(2)''. (6) Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) is amended-- (A) in subsection (k) (as redesignated by subsection (a)(3)(B))-- (i) by striking ``subsections (l) through (n)'' each place it appears and inserting ``subsections (k) through (m)''; and (ii) in paragraph (2)(E), by striking ``section 6(l)(2)'' and inserting ``section 6(k)(2)''; and (B) in subsection (l) (as redesignated by subsection (a)(3)(B)), in paragraph (4)(A)(i)(II), by striking ``and financial resources (as described in section 5(g))''. (7) Section 18(g)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2027(g)(2)) is amended by striking ``section 5(h)'' and inserting ``section 5(g)''. (8) Section 103(a)(2)(D) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3113(a)(2)(D)) is amended by striking ``section 6(o) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o))'' and inserting ``section 6(n) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(n))''. (9) Section 121(b)(2)(B)(iv) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3151(b)(2)(B)(iv)) is amended by striking ``section 6(o) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o))'' and inserting ``section 6(n) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(n))''. (10) Section 454 of the Social Security Act (42 U.S.C. 654) is amended-- (A) in paragraph (4)(A)(i), by striking ``section 6(l)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(l)(1))'' and inserting ``section 6(k)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(k)(1))''; (B) in paragraph (6)(B)(i), by striking ``subsection (l) or (m) of section 6 of the Food and Nutrition Act of 2008'' and inserting ``subsection (k) or (l) of section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015)''; and (C) in paragraph (29)(A)(ii), by striking ``section 6(l)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(l)(2))'' and inserting ``section 6(k)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(k)(2))''. (c) Delay Permitted if State Legislation Required.-- (1) In general.--In the case of a State plan under section 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 2020) that the Secretary of Agriculture 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 section, the State plan shall not be regarded as failing to comply with the requirements of section 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 2020) solely on the basis of the failure of the plan to meet those additional requirements before the first day of the first calendar quarter that begins after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. (2) Legislative session.--For purposes of paragraph (1), in the case of a State that has a 2-year legislative session, each year of the session shall be considered a separate regular session of the State legislature. SEC. 5. ELIMINATING ASSET LIMIT IN LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP). (a) Elimination of Limitations on Allowable Financial Resources.-- Section 2605(b)(2) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(b)(2)) is amended, in the matter following subparagraph (B), by inserting ``, and agrees that a State may not exclude a household from eligibility in a fiscal year solely or partially on the basis of the assets of 1 or more members of the household'' before the semicolon. (b) Delay Permitted if State Legislation Required.-- (1) In general.--In the case of a State plan under section 2605 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624) that the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendment made by this section, the State plan shall not be regarded as failing to comply with the requirements of such section 2605 solely on the basis of the failure of the plan to meet those additional requirements before the first day of the first calendar quarter that begins after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. (2) 2-year legislative session.--For purposes of paragraph (1), in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature. SEC. 6. UPDATING AND INDEXING THE RESOURCE LIMIT FOR SUPPLEMENTAL SECURITY INCOME (SSI). (a) In General.-- (1) Update in resource limit for individuals and couples.-- Section 1611(a)(3) of such Act (42 U.S.C. 1382(a)(3)) is amended-- (A) in subparagraph (A), by striking ``$2,250'' and all that follows through the end of the subparagraph and inserting ``$20,000 in calendar year 2021, and shall be increased as described in section 1617(d) for each subsequent calendar year.''; and (B) in subparagraph (B), by striking ``$1,500'' and all that follows through the end of the subparagraph and inserting ``$10,000 in calendar year 2021, and shall be increased as described in section 1617(d) for each subsequent calendar year.''. (2) Inflation adjustment.--Section 1617 of such Act (42 U.S.C. 1382f) is amended-- (A) in the section heading, by inserting ``; inflation adjustment'' after ``benefits''; and (B) by adding at the end the following: ``(d) In the case of any calendar year after 2021, each of the amounts specified in section 1611(a)(3) shall be increased by multiplying each such amount by the quotient (not less than 1) obtained by dividing-- ``(1) the average of the Consumer Price Index for Elderly Consumers (CPI-E, as published by the Bureau of Labor Statistics of the Department of Labor) for the 12-month period ending with September of the preceding calendar year, by ``(2) such average for the 12-month period ending with September 2020.''. (b) Effective Date.--The amendments made by this section shall take effect as if enacted on January 1, 2021. SEC. 7. EFFECTIVE DATE. Except as otherwise provided, the amendments made by this Act shall apply to benefits for calendar months beginning on or after the date that is 30 days after the date of enactment of this Act. <all>

ASSET Act

A bill to eliminate asset limits employed by certain federally funded means-tested public assistance programs, and for other purposes.

ASSET Act Allowing Steady Savings by Eliminating Tests Act

Sen. Coons, Christopher A.

D

DE

H.R.7203

Taxation

Wally Bunker Healthcare Enhancement for Local Public Safety Retirees Improvement Act of 2022 or the HELPS Retirees Improvement Act of 2022 This bill increases from $3,000 to $6,000 the amount of the exclusion from gross income of distributions from a tax-exempt retirement plan for health and long-term care insurance for public safety officers. It also eliminates the requirement that insurance premiums must be paid directly to the provider of the accident or health plan or long-term care insurance contract as a condition of eligibility for the tax exclusion.

To amend the Internal Revenue Code of 1986 to repeal the direct payment requirement on the exclusion from gross income of distributions from governmental plans for health and long-term care insurance, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Wally Bunker Healthcare Enhancement for Local Public Safety Retirees Improvement Act of 2022'' or the ``HELPS Retirees Improvement Act of 2022''. SEC. 2. INCREASE IN AMOUNT EXCLUDED FROM GROSS INCOME BY REASON OF DISTRIBUTIONS FROM GOVERNMENTAL RETIREMENT PLANS FOR HEALTH AND LONG-TERM CARE INSURANCE FOR PUBLIC SAFETY OFFICERS. (a) In General.--Paragraph (2) of section 402(l) of the Internal Revenue Code of 1986 is amended by striking ``$3,000'' and inserting ``$6,000''. (b) Effective Date.--The amendment made by paragraph (1) shall apply to distributions in taxable years beginning after December 31, 2021. SEC. 3. REPEAL OF DIRECT PAYMENT REQUIREMENT ON EXCLUSION FROM GROSS INCOME OF DISTRIBUTIONS FROM GOVERNMENTAL PLANS FOR HEALTH AND LONG-TERM CARE INSURANCE. (a) In General.--Section 402(l)(5) of the Internal Revenue Code of 1986 is amended to read as follows: ``(5) Aggregation rule.--For purposes of this subsection, all eligible retirement plans of an employer shall be treated as a single plan.''. (b) Effective Date.--The amendment made by this section shall apply to distributions made after the date of the enactment of this Act. <all>

HELPS Retirees Improvement Act of 2022

To amend the Internal Revenue Code of 1986 to repeal the direct payment requirement on the exclusion from gross income of distributions from governmental plans for health and long-term care insurance, and for other purposes.

HELPS Retirees Improvement Act of 2022 Wally Bunker Healthcare Enhancement for Local Public Safety Retirees Improvement Act of 2022

Rep. Chabot, Steve

R

OH

H.R.370

Emergency Management

Quadrennial Homeland Security Review Technical Corrections Act of 2021 This bill makes numerous changes to the quadrennial homeland security reviews. The quadrennial homeland security review is the Department of Homeland Security's capstone strategy document, which offers recommendations on long-term strategy and priorities for homeland security. Specifically, the changes are related to consultation, prioritization, resources required, deadlines, and documentation.

To amend the Homeland Security Act of 2002 to make technical corrections to the requirement that the Secretary of Homeland Security submit quadrennial homeland security reviews, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Quadrennial Homeland Security Review Technical Corrections Act of 2021''. SEC. 2. TECHNICAL CORRECTIONS TO QUADRENNIAL HOMELAND SECURITY REVIEW. (a) In General.--Section 707 of the Homeland Security Act of 2002 (6 U.S.C. 347) is amended-- (1) in subsection (a)(3)-- (A) in subparagraph (B), by striking ``and'' after the semicolon at the end; (B) by redesignating subparagraph (C) as subparagraph (D); and (C) by inserting after subparagraph (B) the following new subparagraph: ``(C) representatives from appropriate advisory committees established pursuant to section 871, including the Homeland Security Advisory Council and the Homeland Security Science and Technology Advisory Committee, or otherwise established, including the Aviation Security Advisory Committee established pursuant to section 44946 of title 49, United States Code; and''; (2) in subsection (b)-- (A) in paragraph (2), by inserting before the semicolon at the end the following: ``based on the risk assessment required pursuant to subsection (c)(2)(B)''; (B) in paragraph (3)-- (i) by inserting ``, to the extent practicable,'' after ``describe''; and (ii) by striking ``budget plan'' and inserting ``resources required''; (C) in paragraph (4)-- (i) by inserting ``, to the extent practicable,'' after ``identify''; (ii) by striking ``budget plan required to provide sufficient resources to successfully'' and inserting ``resources required to''; and (iii) by striking the semicolon at the end and inserting the following: ``, including any resources identified from redundant, wasteful, or unnecessary capabilities or capacities that may be redirected to better support other existing capabilities or capacities, as the case may be; and''; (D) in paragraph (5), by striking ``; and'' and inserting a period; and (E) by striking paragraph (6); (3) in subsection (c)-- (A) in paragraph (1), by striking ``December 31 of the year'' and inserting ``60 days after the date of the submission of the President's budget for the fiscal year after the fiscal year''; (B) in paragraph (2)-- (i) in subparagraph (B), by striking ``description of the threats to'' and inserting ``risk assessment of''; (ii) in subparagraph (C), by inserting ``, as required under subsection (b)(2)'' before the semicolon at the end; (iii) in subparagraph (D)-- (I) by inserting ``to the extent practicable,'' before ``a description''; and (II) by striking ``budget plan'' and inserting ``resources required''; (iv) in subparagraph (F)-- (I) by inserting ``to the extent practicable,'' before ``a discussion''; and (II) by striking ``the status of''; (v) in subparagraph (G)-- (I) by inserting ``to the extent practicable,'' before ``a discussion''; (II) by striking ``the status of''; (III) by inserting ``and risks'' before ``to national homeland''; and (IV) by inserting ``and'' after the semicolon at the end; (vi) by striking subparagraph (H); and (vii) by redesignating subparagraph (I) as subparagraph (H); (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following new paragraph: ``(3) Documentation.--The Secretary shall retain and, upon request, provide to Congress the following documentation regarding each quadrennial homeland security review: ``(A) Records regarding the consultation carried out pursuant to subsection (a)(3), including the following: ``(i) All written communications, including communications sent out by the Secretary and feedback submitted to the Secretary through technology, online communications tools, in- person discussions, and the interagency process. ``(ii) Information on how feedback received by the Secretary informed each such quadrennial homeland security review. ``(B) Information regarding the risk assessment required pursuant to subsection (c)(2)(B), including the following: ``(i) The risk model utilized to generate such risk assessment. ``(ii) Information, including data used in the risk model, utilized to generate such risk assessment. ``(iii) Sources of information, including other risk assessments, utilized to generate such risk assessment. ``(iv) Information on assumptions, weighing factors, and subjective judgments utilized to generate such risk assessment, together with information on the rationale or basis thereof.''; (4) by redesignating subsection (d) as subsection (e); and (5) by inserting after subsection (c) the following new subsection: ``(d) Review.--Not later than 90 days after the submission of each report required under subsection (c)(1), the Secretary shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate information on the degree to which the findings and recommendations developed in the quadrennial homeland security review that is the subject of such report were integrated into the acquisition strategy and expenditure plans for the Department.''. (b) Effective Date.--The amendments made by this Act shall apply with respect to a quadrennial homeland security review conducted after December 31, 2021. Calendar No. 581 117th CONGRESS 2d Session H. R. 370 [Report No. 117-231] _______________________________________________________________________

Quadrennial Homeland Security Review Technical Corrections Act of 2021

To amend the Homeland Security Act of 2002 to make technical corrections to the requirement that the Secretary of Homeland Security submit quadrennial homeland security reviews, and for other purposes.

Quadrennial Homeland Security Review Technical Corrections Act of 2021 Quadrennial Homeland Security Review Technical Corrections Act of 2021 Quadrennial Homeland Security Review Technical Corrections Act of 2021

Rep. Watson Coleman, Bonnie

D

NJ

H.R.9205

Health

Public Health Emergency Flexibility Act of 2022 This bill allows specified COVID-19 funding that was made available through the American Rescue Plan Act of 2021 to also be used to address monkeypox. (Monkeypox is a viral disease that is endemic to parts of Africa and causes symptoms similar to, but less severe than, smallpox.)

To allow certain public health funds appropriated by the American Rescue Plan Act of 2021 to be used to address the monkeypox public health emergency. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Health Emergency Flexibility Act of 2022''. SEC. 2. FUNDING FOR ADDRESSING MONKEYPOX PUBLIC HEALTH EMERGENCY. (a) Use by Respective Secretaries.--Covered funds may, without further appropriation, be used by the respective Secretary with respect to monkeypox to the same extent and in the same manner as such funds are authorized to be used with respect to COVID-19. (b) Use by Certain Awardees.--Notwithstanding the terms of any award of covered funds that was made before the date of enactment of this Act to a State, local, Tribal, or territorial government, such government may use such award with respect to monkeypox to the same extent and in the same manner as such award is authorized to be used with respect to COVID-19. (c) Definitions.--In this section: (1) The term ``covered funds'' means funds that-- (A) were appropriated by subtitle D, E, F, G, or H of title II, or subtitle M or N of title IX, of the American Rescue Plan Act of 2021 (Public Law 117-2), as amended; and (B) have not been otherwise obligated or expended. (2) The term ``respective Secretary'' means the Secretary to which the covered funds were appropriated. <all>

Public Health Emergency Flexibility Act of 2022

To allow certain public health funds appropriated by the American Rescue Plan Act of 2021 to be used to address the monkeypox public health emergency.

Public Health Emergency Flexibility Act of 2022

Rep. Casten, Sean

D

IL

H.R.129

Crime and Law Enforcement

No More Tulias: Drug Law Enforcement Evidentiary Standards Improvement Act of 2021 This bill establishes new requirements for states that receive funds under the Edward Byrne Memorial Justice Assistance Grant program or under another law enforcement assistance program of the Department of Justice. Specifically, to be eligible for funds, states must either not fund antidrug task forces or have in effect laws that Additionally, an eligible state that receives funds because these laws are in effect must collect and report data on criminal charges, including the racial distribution, nature, and location of such charges.

To increase the evidentiary standard required to convict a person for a drug offense, to require screening of law enforcement officers or others acting under color of law participating in drug task forces, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``No More Tulias: Drug Law Enforcement Evidentiary Standards Improvement Act of 2021''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) In recent years it has become clear that programs funded by the Edward Byrne Memorial Justice Assistance Grant program (referred to in this Act as the ``Byrne grants program'') have perpetuated racial disparities, corruption in law enforcement, and the commission of civil rights abuses across the country. This is especially the case when it comes to the program's funding of hundreds of regional antidrug task forces because the grants for these antidrug task forces have been dispensed to State governments with very little Federal oversight and have been prone to misuse and corruption. (2) Numerous Government Accountability Office reports have found that the Department of Justice has inadequately monitored grants provided under the Byrne grants program. A 2001 General Accounting Office report found that one-third of the grants did not contain required monitoring plans. Seventy percent of files on such grants did not contain required progress reports. Forty-one percent of such files did not contain financial reports covering the full grant period. A 2002 report by the Heritage Foundation reported that ``there is virtually no evidence'' that the Byrne grants program has been successful in reducing crime and that the program lacks ``adequate measures of performance''. (3) A 2002 report by the American Civil Liberties Union of Texas identified 17 recent scandals involving antidrug task forces in Texas that receive funds under the Byrne grants program. Such scandals include cases of the falsification of government records, witness tampering, fabricating evidence, false imprisonment, stealing drugs from evidence lockers, selling drugs to children, large-scale racial profiling, sexual harassment, and other abuses of official capacity. Recent scandals in other States include the misuse of millions of dollars in Byrne grants program money in Kentucky and Massachusetts, wrongful convictions based on police perjury in Missouri, and negotiations with drug offenders to drop or lower their charges in exchange for money or vehicles in Alabama, Arkansas, Georgia, Massachusetts, New York, Ohio, and Wisconsin. (4) The most well-known Byrne-funded task force scandal occurred in Tulia, Texas, where dozens of African-American residents (totaling over 16 percent of the town's African- American population) were arrested, prosecuted, and sentenced to decades in prison, based solely on the uncorroborated testimony of one undercover officer whose background included past allegations of misconduct, sexual harassment, unpaid debts, and habitual use of a racial epithet. The undercover officer was allowed to work alone, and not required to provide audiotapes, video surveillance, or eyewitnesses to corroborate his allegations. Despite the lack of physical evidence or corroboration, the charges were vigorously prosecuted. After the first few trials resulted in convictions and lengthy sentences, many defendants accepted plea bargains. Suspicions regarding the legitimacy of the charges eventually arose after two of the accused defendants were able to produce convincing alibi evidence to prove that they were out of State or at work at the time of the alleged drug purchases. Texas Governor Rick Perry eventually pardoned the Tulia defendants (after four years of imprisonment), but these kinds of scandals continue to plague Byrne grant program spending. (5) A case arose in a Federal court in Waco, Texas, concerning the wrongful arrests of 28 African Americans out of 4,500 other residents of Hearne, Texas. In November 2000, these individuals were arrested on charges of possession or distribution of crack cocaine, and they subsequently filed a case against the county government. On May 11, 2005, a magistrate judge found sufficient evidence that a Byrne-funded antidrug task force had routinely targeted African Americans to hold the county liable for the harm suffered by the plaintiffs. Plaintiffs in that lawsuit alleged that for the past 15 years, based on the uncorroborated tales of informants, task force members annually raided the African-American community in eastern Hearne to arrest the residents identified by the confidential informants, resulting in the arrest and prosecution of innocent citizens without cause. On the eve of trial the counties involved in the Hearne task force scandal settled the case, agreeing to pay financial damages to the plaintiffs. (6) Scandals related to the Byrne grants program have grown so prolific that the Texas legislature has passed several reforms in response to them, including outlawing racial profiling and changing Texas law to prohibit drug offense convictions based solely on the word of an undercover informant. The Criminal Jurisprudence Committee of the Texas House of Representatives issued a report in 2004 recommending that all of the State's federally funded antidrug task forces be abolished because they are inherently prone to corruption. The Committee reported, ``Continuing to sanction task force operations as stand-alone law enforcement entities--with widespread authority to operate at will across multiple jurisdictional lines--should not continue. The current approach violates practically every sound principle of police oversight and accountability applicable to narcotics interdiction.'' The Texas legislature passed a law that ends the ability of a narcotics task force to operate as an entity with no clear accountability. The legislation transfers authority for multicounty drug task forces to the Department of Public Safety and channels one-quarter of asset forfeiture proceeds received by the task forces to a special fund to support drug abuse prevention programs, drug treatment, and other programs designed to reduce drug use in the county where the assets are seized. (7) Texas's ``corroboration'' law was passed thanks to a coalition of Christian conservatives and civil rights activists. As one Texas preacher related, requiring corroboration ``puts a protective hedge around the ninth commandment, `You shall not bear false witness against your neighbor.' As long as people bear false witness against their neighbors, this Biblical law will not be outdated.'' (8) During floor debate, conservative Texas legislators pointed out that Mosaic law requires corroboration: ``One witness shall not rise up against a man for any iniquity, or for any sin, in any sin that he sinneth: at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established.'' Deuteronomy 19:15. Jesus concurred with the corroboration rule: ``If thy brother shall trespass against thee, go and tell him his fault between thee and him alone. . . . But if he will not hear thee, then take with thee one or two more, that in the mouth of two or three witnesses every word may be established.'' Matthew 18:15-16. (9) Texas's ``corroboration'' law had an immediate positive impact. Once prosecutors needed more than just the word of one person to convict someone of a drug offense they began scrutinizing law enforcement tactics. This new scrutiny led to the uncovering of massive corruption and civil rights abuse by the Dallas police force. In what became known nationally as the ``Sheetrock'' scandal, Dallas police officers and undercover informants were found to have set up dozens of innocent people, mostly Mexican immigrants, by planting fake drugs on them consisting of chalk-like material used in sheetrock and other brands of wallboard. The revelations led to the dismissal of over 40 cases (although some of those arrested were already deported). In April 2005, a former Dallas narcotics detective was sentenced to five years in prison for his role in the scheme. Charges against others are pending. (10) Many regional antidrug task forces receive up to 75 percent of their funding from the Byrne grant program. As such, the United States Government is accountable for corruption and civil rights abuses inherent in their operation. (b) Sense of Congress.--It is the sense of Congress that-- (1) grants under the Byrne grants program should be prohibited for States that do not exercise effective control over antidrug task forces; (2) at a minimum, no State that fails to prohibit criminal convictions based solely on the testimony of a law enforcement officer or informants should receive a grant under such program; and (3) corroborative evidence, such as video or audio tapes, drugs, and money, should always be required for such criminal convictions to be sustained. SEC. 3. LIMITATION ON RECEIPT OF BYRNE GRANT FUNDS AND OTHER DEPARTMENT OF JUSTICE LAW ENFORCEMENT ASSISTANCE. (a) Limitation.--For any fiscal year, a State shall not receive any amount that would otherwise be allocated to that State under section 505(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10156(a)), or any amount from any other law enforcement assistance program of the Department of Justice, unless the State-- (1) does not fund any antidrug task forces for that fiscal year; or (2) has in effect throughout the State laws that ensure-- (A) a person is not convicted of a drug offense unless the fact that a drug offense was committed, and the fact that the person committed that offense, are each supported by evidence other than the eyewitness testimony of a law enforcement officer or an individual acting on behalf of a law enforcement officer; and (B) a law enforcement officer does not participate in an antidrug task force unless the honesty and integrity of that officer is evaluated and found to be at an appropriately high level. (b) Regulations.--The Attorney General shall prescribe regulations to carry out subsection (a). (c) Reallocation.--Amounts not allocated by reason of subsection (a) shall be reallocated to States not disqualified by failure to comply with such subsection. SEC. 4. COLLECTION OF DATA. (a) In General.--A State that receives Federal funds pursuant to eligibility under section 3(a)(2), with respect to a fiscal year, shall collect data, for the most recent year for which funds were allocated to such State, with respect to the-- (1) racial distribution of charges made during that year; (2) nature of the criminal law specified in the charges made; and (3) city or law enforcement jurisdiction in which the charges were made. (b) Report.--As a condition of receiving Federal funds pursuant to section 3(a)(2), a State shall submit to Congress the data collected under subsection (a) by not later than the date that is 180 days prior to the date on which such funds are awarded for a fiscal year. <all>

No More Tulias: Drug Law Enforcement Evidentiary Standards Improvement Act of 2021

To increase the evidentiary standard required to convict a person for a drug offense, to require screening of law enforcement officers or others acting under color of law participating in drug task forces, and for other purposes.

No More Tulias: Drug Law Enforcement Evidentiary Standards Improvement Act of 2021

Rep. Jackson Lee, Sheila

D

TX

H.R.2527

Agriculture and Food

Food Recovery Transportation Act This bill directs the Department of Agriculture to award grants to public food service providers, tribal organizations, or private nonprofit entities for activities related to food recovery.

To establish a grant program to provide certain eligible entities engaged in food recovery with grants to support certain costs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Recovery Transportation Act''. SEC. 2. FOOD WASTE RECOVERY TRANSPORTATION GRANTS. (a) Authority To Provide Assistance.-- (1) In general.--From amounts made available to carry out this section, the Secretary of Agriculture shall make grants to assist an eligible entity with-- (A) purchasing, leasing, or otherwise acquiring vehicles, including refrigerated vehicles, or other equipment to carry out activities related to food recovery; (B) reimbursing travel costs related to food recovery at the per mile rate established by the Commissioner of the Internal Revenue Service; and (C) the costs of preparing, storing, and transporting donated food. (2) Limitation.--An eligible entity may only receive one grant under this section. (b) Application.--To be eligible to receive a grant under subsection (a), an eligible entity shall submit an application to the Secretary of Agriculture, at such time, in such manner, and containing such information as the Secretary of Agriculture may require. (c) Eligible Entity.--To be eligible for a grant under subsection (a), a public food program service provider, a tribal organization, or a private nonprofit entity (including a gleaner) shall-- (1) have experience in the area of-- (A) food recovery and distribution, particularly concerning small and medium-sized farms; (B) job training and business development activities for food-related activities in low-income communities; or (C) efforts to reduce food insecurity in the community, including food recovery and distribution, improving access to services, or coordinating services and programs; and (2) demonstrate competency to implement a project, provide fiscal accountability, collect data, and prepare reports and other necessary documentation. (d) Gleaner Defined.--In this section, the term ``gleaner'' has the meaning given the term in section 25(a)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2034(a)(2)). (e) Authorization of Appropriations.--There is authorized to carry out this section $10,000,000 for fiscal year 2022. <all>

Food Recovery Transportation Act

To establish a grant program to provide certain eligible entities engaged in food recovery with grants to support certain costs.

Food Recovery Transportation Act

Rep. McKinley, David B.

R

WV

H.R.1669

Commerce

State Small Business Credit Initiative Renewal Act This bill reauthorizes the State Small Business Credit Initiative through which the Department of the Treasury provides funding for participating states and tribal governments to support small business credit expansion programs that deliver loans or investments to eligible small businesses. A participating state must provide Treasury with a description of (1) how minority depository institutions and community development financial institutions will be encouraged to participate in state programs, and (2) how the state will utilize funds to support small businesses in responding to and recovering from the economic effects of COVID-19. The bill allocates specified portions of this funding for (1) states to support businesses that are owned by socially and economically disadvantaged individuals, (2) an incentive program to boost funding for states that demonstrate robust support for those businesses, (3) support for very small businesses (e.g., those with fewer than 10 employees), and (4) tribal governments. Additionally, Treasury may provide funds to states, the Minority Business Development Agency, or other advisory firms to provide technical assistance to specified small businesses.

To amend the State Small Business Credit Initiative Act of 2010 to respond to the COVID-19 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 ``State Small Business Credit Initiative Renewal Act''. SEC. 2. REAUTHORIZATION OF THE STATE SMALL BUSINESS CREDIT INITIATIVE ACT OF 2010. (a) Reauthorization.-- (1) In general.--The State Small Business Credit Initiative Act of 2010 (12 U.S.C. 5701 et seq.) is amended-- (A) in section 3003-- (i) in subsection (b)-- (I) by amending paragraph (1) to read as follows: ``(1) In general.--Not later than 30 days after the date of enactment of subsection (d), the Secretary shall allocate Federal funds to participating States so that each State is eligible to receive an amount equal to what the State would receive under the 2021 allocation, as determined under paragraph (2).''; (II) in paragraph (2)-- (aa) by striking ``2009'' each place such term appears and inserting ``2021''; (bb) by striking ``2008'' each place such term appears and inserting ``2020''; (cc) in subparagraph (A), by striking ``The Secretary'' and inserting ``With respect to States other than Tribal governments, the Secretary''; (dd) in subparagraph (C)(i), by striking ``2007'' and inserting ``2019''; and (ee) by adding at the end the following: ``(C) Separate allocation for tribal governments.-- ``(i) In general.--With respect to States that are Tribal governments, the Secretary shall determine the 2021 allocation by allocating $500,000,000 among the Tribal governments in the proportion the Secretary determines appropriate, including with consideration to available employment and economic data regarding each such Tribal government. ``(ii) Notice of intent; timing of allocation.--With respect to allocations to States that are Tribal governments, the Secretary may-- ``(I) require Tribal governments that wish to participate in the Program to file a notice of intent with the Secretary not later than 30 days after the date of enactment of subsection (d); and ``(II) notwithstanding paragraph (1), allocate Federal funds to participating Tribal governments not later than 60 days after the date of enactment of subsection (d). ``(D) Employment data.--If the Secretary determines that employment data with respect to a State is unavailable from the Bureau of Labor Statistics of the Department of Labor, the Secretary shall consider such other economic and employment data that is otherwise available for purposes of determining the employment data of such State.''; and (III) by striking paragraph (3); and (ii) in subsection (c)-- (I) in paragraph (1)(A)(iii), by inserting before the period the following: ``that have delivered loans or investments to eligible businesses''; and (II) by amending paragraph (4) to read as follows: ``(4) Termination of availability of amounts not transferred.-- ``(A) In general.--Any portion of a participating State's allocated amount that has not been transferred to the State under this section may be deemed by the Secretary to be no longer allocated to the State and no longer available to the State and shall be returned to the general fund of the Treasury or reallocated as described under subparagraph (B), if-- ``(i) the second \1/3\ of a State's allocated amount has not been transferred to the State before the end of the end of the 3- year period beginning on the date that the Secretary approves the State for participation; or ``(ii) the last \1/3\ of a State's allocated amount has not been transferred to the State before the end of the end of the 5- year period beginning on the date that the Secretary approves the State for participation. ``(B) Reallocation.--Any amount deemed by the Secretary to be no longer allocated to a State and no longer available to such State under subparagraph (A) may be reallocated by the Secretary to other participating States. In making such a reallocation, the Secretary shall not take into account the minimum allocation requirements under subsection (b)(2)(B) or the specific allocation for Tribal governments described under subsection (b)(2)(C).''; (B) in section 3004(d), by striking ``date of enactment of this Act'' each place it appears and inserting ``date of the enactment of section 3003(d)''; (C) in section 3005(b), by striking ``date of enactment of this Act'' each place it appears and inserting ``date of the enactment of section 3003(d)''; (D) in section 3006(b)(4), by striking ``date of enactment of this Act'' and inserting ``date of the enactment of section 3003(d)''; (E) in section 3007(b), by striking ``March 31, 2011'' and inserting ``March 31, 2022''; (F) in section 3009, by striking ``date of enactment of this Act'' each place it appears and inserting ``date of the enactment of section 3003(d)''; and (G) in section 3011(b), by striking ``date of the enactment of this Act'' each place it appears and inserting ``date of the enactment of section 3003(d)''. (2) Appropriation.-- (A) In general.--There is hereby appropriated to the Secretary of the Treasury, out of funds in the Treasury not otherwise appropriated, $10,000,000,000 to carry out the State Small Business Credit Initiative established under the State Small Business Credit Initiative Act of 2010, including to pay reasonable costs of administering such Initiative. (B) Rescission.--With respect to amounts appropriated under subparagraph (A)-- (i) the Secretary of the Treasury shall complete all disbursements and remaining obligations before September 30, 2030; and (ii) any amounts that remain unexpended (whether obligated or unobligated) on September 30, 2030, shall be rescinded and deposited into the general fund of the Treasury. (b) Additional Allocations to Support Business Enterprises Owned and Controlled by Socially and Economically Disadvantaged Individuals.--Section 3003 of the State Small Business Credit Initiative Act of 2010 (12 U.S.C. 5702) is amended by adding at the end the following: ``(d) Additional Allocations to Support Business Enterprises Owned and Controlled by Socially and Economically Disadvantaged Individuals.--Of the amounts appropriated to carry out the Program, the Secretary shall-- ``(1) ensure that $1,500,000,000 from funds allocated under this section shall be expended for business enterprises owned and controlled by socially and economically disadvantaged individuals; and ``(2) allocate such amounts to States based on the needs of business enterprises owned and controlled by socially and economically disadvantaged individuals, as determined by the Secretary, in each State, and not subject to the allocation formula described under subsection (b). ``(e) Supporting Business Enterprises Owned and Controlled by Socially and Economically Disadvantaged Individuals.--In allocating funds to participating States under this section, the Secretary shall establish a minimum amount of support that a State shall provide to business enterprises owned and controlled by socially and economically disadvantaged individuals. ``(f) Incentive Allocations to Support Business Enterprises Owned and Controlled by Socially and Economically Disadvantaged Individuals.--Of the amounts appropriated to carry out the Program, the Secretary shall set aside $1,000,000,000 for an incentive program under which the Secretary shall increase the second \1/3\ and last \1/3\ allocations for States that demonstrate robust support, as determined by the Secretary, for business concerns owned and controlled by socially and economically disadvantaged individuals in the deployment of prior allocation amounts.''. (c) CDFI and MDI Participation Plan.--Section 3004 of the State Small Business Credit Initiative Act of 2010 (12 U.S.C. 5703) is amended by adding at the end the following: ``(e) CDFI and MDI Participation Plan.--The Secretary may not approve a State to be a participating State unless the State has provided the Secretary with a plan detailing how minority depository institutions and community development financial institutions will be encouraged to participate in State programs.''. (d) Pandemic Response Plan.--Section 3004 of the State Small Business Credit Initiative Act of 2010 (12 U.S.C. 5703), as amended by subsection (c), is further amended by adding at the end the following: ``(f) Pandemic Response Plan.--The Secretary may not approve a State to be a participating State unless the State has provided the Secretary with a description of how the State will expeditiously utilize funds to support small businesses, including business enterprises owned and controlled by socially and economically disadvantaged individuals, in responding to and recovering from the economic effects of the COVID-19 pandemic.''. (e) Technical Assistance.-- (1) State technical assistance plan.--Section 3004 of the State Small Business Credit Initiative Act of 2010 (12 U.S.C. 5703), as amended by subsection (d), is further amended by adding at the end the following: ``(g) State Technical Assistance Plan.-- ``(1) In general.--The Secretary may not approve a State to be a participating State unless the State has provided the Secretary with a technical assistance plan under which the State will use a portion of the funds received under the Program to provide legal, accounting, and financial advisory services to very small businesses and business enterprises owned and controlled by socially and economically disadvantaged individuals applying for-- ``(A) State programs under the Program; and ``(B) other State or Federal programs that support small businesses. ``(2) Contracting.--Services described under paragraph (1) may be contracted with legal, accounting, and financial advisory firms, with priority given to business enterprises owned and controlled by socially and economically disadvantaged individuals.''. (2) Funding.--Section 3009 of the State Small Business Credit Initiative Act of 2010 (12 U.S.C. 5708) is amended by adding at the end the following: ``(e) Technical Assistance.--Of the amounts appropriated to carry out the Program, $500,000,000 may be used by the Secretary to-- ``(1) provide funds to States to carry out technical assistance plans described under section 3004(g); ``(2) transfer amounts to the Minority Business Development Agency, so that the Agency may use such amounts in a manner the Agency determines appropriate, including through contracting with third parties, to provide technical assistance to business enterprises owned and controlled by socially and economically disadvantaged individuals applying to-- ``(A) State programs under the Program; and ``(B) other State or Federal programs that support small businesses; and ``(3) contract with legal, accounting, and financial advisory firms (with priority given to business enterprises owned and controlled by socially and economically disadvantaged individuals), to provide technical assistance to business enterprises owned and controlled by socially and economically disadvantaged individuals applying to-- ``(A) State programs under the Program; and ``(B) other State or Federal programs that support small businesses.''. (f) Multi-State Participation Program.--Section 3009 of the State Small Business Credit Initiative Act of 2010 (12 U.S.C. 5708), as amended by subsection (d)(2), is further amended by adding at the end the following: ``(f) Multi-State Participation Program.--The Secretary may establish a multi-State participation program under which-- ``(1) the Secretary determines which State programs are similar to each other, with respect to eligibility criteria and such other criteria as the Secretary determines appropriate; and ``(2) a State may elect to automatically deem a person eligible for a State program if the person is already participating in another State's State program that the Secretary has determined is similar under paragraph (1).''. (g) Application of the Military Lending Act.--Section 3004 of the State Small Business Credit Initiative Act of 2010 (15 U.S.C. 5702), as amended by subsection (d)(1), is further amended by adding at the end the following: ``(h) Application of the Military Lending Act.--The Secretary may not approve a State to be a participating State unless the State has agreed that no lending activity supported by amounts received by the State under the Program would result in interest rates being charged at an annualized percentage rate above 36 percent, as determined in accordance with section 987(b) of title 10, United States Code (commonly known as the `Military Lending Act').''. (h) Inclusion of Tribal Governments.--Section 3002(10) of the State Small Business Credit Initiative Act of 2010 (12 U.S.C. 5701(10)) is amended-- (1) in subparagraph (C), by striking ``and'' at the end; (2) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(E) a Tribal government.''. (i) Definitions.--Section 3002 of the State Small Business Credit Initiative Act of 2010 (12 U.S.C. 5701) is amended by adding at the end the following: ``(15) Business enterprise owned and controlled by socially and economically disadvantaged individuals.--The term `business enterprise owned and controlled by socially and economically disadvantaged individuals' means a business that-- ``(A) if privately owned, 51 percent is owned by one or more socially and economically disadvantaged individuals; ``(B) if publicly owned, 51 percent of the stock is owned by one or more socially and economically disadvantaged individuals; and ``(C) in the case of a mutual institution, a majority of the Board of Directors, account holders, and the community which the institution services is predominantly comprised of socially and economically disadvantaged individuals. ``(16) Community development financial institution.--The term `community development financial institution' has the meaning given that term under section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994. ``(17) Minority depository institution.--The term `minority depository institution' has the meaning given that term under section 308(b) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. ``(18) Socially and economically disadvantaged individual.--The term `socially and economically disadvantaged individual' means an individual who is a socially disadvantaged individual or an economically disadvantaged individual, as such terms are defined, respectively, under section 8 of the Small Business Act (15 U.S.C. 637) and the regulations thereunder. ``(19) Tribal government.--The term `Tribal government' means a government of an Indian Tribe listed on the list of recognized Tribes published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).''. (j) Rule of Application.--The amendments made by this section shall apply with respect to funds appropriated under this section and funds appropriated on and after the date of enactment of this section. <all>

State Small Business Credit Initiative Renewal Act

To amend the State Small Business Credit Initiative Act of 2010 to respond to the COVID-19 pandemic, and for other purposes.

State Small Business Credit Initiative Renewal Act

Rep. Green, Al

D

TX

H.R.9077

Armed Forces and National Security

Canine Members of the Armed Forces Act This bill requires the Department of Defense to classify military working dogs as canine members of the Armed Forces (not as equipment) and provides for certain requirements and authorities related to the retirement, transfer, transportation, and recognition of such canine members.

To amend title 10, United States Code, to provide for certain requirements relating to the retirement, adoption, and recognition of military working dogs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Canine Members of the Armed Forces Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Each of the Armed Forces and other Government agencies, including the Secret Service, the Central Intelligence Agency, and the Transportation Security Administration, use military working dogs in service to the country. (2) Since September 11, 2011, military working dogs have served in Iraq and Afghanistan and have been trained in explosive detection, narcotic detection, sentry, patrol, tracking, and other specific duties. (3) Military working dogs, through their training, have prevented injuries and saved the lives of thousands of United States citizens. (4) Military working dogs perform critical and varied roles that go far beyond their current designation as ``equipment''. SEC. 3. RETIREMENT AND ADOPTION OF MILITARY WORKING DOGS. (a) Retirement and Reclassification of Military Working Dogs.-- Section 2583 of title 10, United States Code, is amended-- (1) by redesignating subsections (f), (g), (h), and (i) as subsections (h), (i), (j), and (k), respectively; and (2) by inserting after subsection (e) the following new subsections: ``(f) Classification of Military Working Dogs.--The Secretary of Defense shall classify military working dogs as canine members of the Armed Forces. Such dogs shall not be classified as equipment. ``(g) Transfer of Retired Military Working Dogs.--If the Secretary of the military department concerned determines that a military working dog should be retired, and no suitable adoption is available at the military facility where the dog is located, the Secretary may transfer the dog-- ``(1) to the 341st Training Squadron; or ``(2) to another location for adoption under this section.''. (b) Acceptance of Frequent Traveler Miles.--Section 2613(d) of such title is amended-- (1) in paragraph (1)(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 new paragraph: ``(3) facilitating the adoption of a military working dog under section 2583 of this title.''. SEC. 4. RECOGNITION OF SERVICE OF MILITARY WORKING DOGS. Section 1125 of title 10, United States Code, is amended-- (1) by inserting ``(a) General Authority.--'' before ``The Secretary of Defense''; and (2) by adding at the end the following new subsection: ``(b) Recognition of Service of Military Working Dogs.--The Secretary of Defense shall create a decoration or other appropriate recognition to recognize military working dogs under the jurisdiction of the Secretary that are killed in action or perform an exceptionally meritorious or courageous act in service to the United States.''. <all>

Canine Members of the Armed Forces Act

To amend title 10, United States Code, to provide for certain requirements relating to the retirement, adoption, and recognition of military working dogs, and for other purposes.

Canine Members of the Armed Forces Act

Rep. Slotkin, Elissa

D

MI

H.R.1717

Health

Protecting Married Seniors from Impoverishment Act of 2021 This bill makes permanent certain provisions regarding Medicaid eligibility that protect against spousal impoverishment for recipients of home and community-based services. Under current law, these provisions expire on September 30, 2023.

To amend title XIX of the Social Security Act to make permanent the protections under Medicaid for recipients of home and community-based services against spousal impoverishment. Be it enacted by the Senate 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 Married Seniors from Impoverishment Act of 2021''. SEC. 2. MAKING PERMANENT THE PROTECTION UNDER MEDICAID FOR RECIPIENTS OF HOME AND COMMUNITY-BASED SERVICES AGAINST SPOUSAL IMPOVERISHMENT. (a) In General.--Section 1924(h)(1)(A) of the Social Security Act (42 U.S.C. 1396r-5(h)(1)(A)) is amended by striking ``(at the option of the State) is described in section 1902(a)(10)(A)(ii)(VI)'' and inserting the following: ``is eligible for medical assistance for home and community-based services provided under subsection (c), (d), or (i) of section 1915, under a waiver approved under section 1115, or who is eligible for such medical assistance by reason of being determined eligible under section 1902(a)(10)(C) or by reason of section 1902(f) or otherwise on the basis of a reduction of income based on costs incurred for medical or other remedial care, or who is eligible for medical assistance for home and community-based attendant services and supports under section 1915(k)''. (b) Conforming Amendment.--Section 2404 of the Patient Protection and Affordable Care Act (42 U.S.C. 1396r-5) is amended by striking ``September 30, 2023'' and inserting ``the date of the enactment of the Protecting Married Seniors from Impoverishment Act of 2021''. <all>

Protecting Married Seniors from Impoverishment Act of 2021

To amend title XIX of the Social Security Act to make permanent the protections under Medicaid for recipients of home and community-based services against spousal impoverishment.

Protecting Married Seniors from Impoverishment Act of 2021

Rep. Upton, Fred

R

MI

S.4142

International Affairs

Preventing PLA Acquisition of United States Technology Act of 2022 This bill prohibits U.S. companies and universities that receive federal assistance and federal agencies from engaging in certain research or technical exchanges with Chinese entities. Specifically, this prohibition applies to research or exchanges involving (1) certain Chinese entities, including universities that receive funding from China's military and Chinese state-owned enterprises; and (2) certain technologies identified by the Chinese Communist Party as priorities for its strategy to mobilize non-military resources and expertise for military application.

To counter the military-civil fusion strategy of the Chinese Communist Party and prevent United States contributions to the development of dual-use technology in China. Be it enacted by the Senate 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 PLA Acquisition of United States Technology Act of 2022''. SEC. 2. COUNTERING THE MILITARY-CIVIL FUSION STRATEGY OF THE CHINESE COMMUNIST PARTY. (a) Definitions.--In this section: (1) Chinese entity of concern.--The term ``Chinese entity of concern'' means-- (A) any college or university in the People's Republic of China that is determined by the Secretary of Defense to be involved in the implementation of the military-civil fusion strategy, including-- (i) any college or university known as the ``Seven Sons of National Defense''; (ii) any college or university that receives funding from-- (I) the People's Liberation Army; or (II) the Equipment Development Department, or the Science and Technology Commission, of the Central Military Commission; (iii) any college or university in the People's Republic of China involved in military training and education, including any such college or university in partnership with the People's Liberation Army; (iv) any college or university in the People's Republic of China that conducts military research or hosts dedicated military initiatives or laboratories, including such a college or university designated under the ``double first-class university plan''; (v) any college or university in the People's Republic of China that is designated by the State Administration for Science, Technology, and Industry for the National Defense to host ``joint construction'' programs; (vi) any college or university in the People's Republic of China that has launched a platform for military-civil fusion or created national defense laboratories; and (vii) any college or university in the People's Republic of China that conducts research or hosts dedicated initiatives or laboratories for any other related security entity beyond the People's Liberation Army, including the People's Armed Police, the Ministry of Public Security, and the Ministry of State Security; (B) any enterprise for which the majority shareholder or ultimate parent entity is the Government of the People's Republic of China at any level of that government; (C) any privately owned company in the People's Republic of China-- (i) that has received a military production license, such as the Weapons and Equipment Research and Production Certificate, the Equipment Manufacturing Unit Qualification, the Weapons and Equipment Quality Management System Certificate, or the Weapons and Equipment Research and Production Unit Classified Qualification Permit; (ii) that is otherwise known to have set up mechanisms for engaging in activity in support of military initiatives; (iii) that has a history of subcontracting for the People's Liberation Army or its affiliates; (iv) that is participating in, or receiving benefits under, a military-civil fusion demonstration base; or (v) that has an owner, director, or a senior management official who has served as a delegate to the National People's Congress, a member of the Chinese People's Political Consultative Conference, or a member of the Central Committee of the Chinese Communist Party; and (D) any entity that-- (i) is identified by the Secretary of Defense under section 1260H(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note) as a Chinese military company; and (ii) is included in the Non-SDN Chinese Military-Industrial Complex Companies List published by the Department of the Treasury. (2) Covered entity.--The term ``covered entity'' means-- (A) any Federal agency that engages in research or provides funding for research, including the National Science Foundation and the National Institutes of Health; (B) any institution of higher education, or any other private research institution, that receives any Federal financial assistance; and (C) any private company headquartered in the United States that receives Federal financial assistance. (3) Federal financial assistance.--The term ``Federal financial assistance'' has the meaning given the term in section 200.1 of title 2, Code of Federal Regulations (or successor regulations). (4) Military-civil fusion strategy.--The term ``military- civil fusion strategy'' means the strategy of the Chinese Communist Party aiming to mobilize non-military resources and expertise for military application, including the development of technology, improvements in logistics, and other uses by the People's Liberation Army. (b) Prohibitions.-- (1) In general.--No covered entity may engage with a Chinese entity of concern in any scientific research or technical exchange that has a direct bearing on, or the potential for dual use in, the development of technologies that the Chinese Communist Party has identified as a priority of its national strategy of military-civil fusion and that are listed on the website under subsection (c)(1)(A). (2) Private partnerships.--No covered entity described in subsection (a)(2)(C) may form a partnership or joint venture with another such covered entity for the purpose of engaging in any scientific research or technical exchange described in paragraph (1). (c) Website.-- (1) In general.--The Secretary of Defense, in consultation with the Secretary of State, the Director of National Intelligence, the Director of the Federal Bureau of Investigation, the Secretary of Energy, the Secretary of Education, the Secretary of the Treasury, and the Secretary of Commerce, shall establish, and periodically update not less than twice a year, a website that includes-- (A) a list of the specific areas of scientific research or technical exchange for which the prohibitions under subsection (b) apply, which shall initially include some or all aspects of the fields of quantum computing, photonics and lasers, robotics, big data analytics, semiconductors, new and advanced materials, biotechnology (including synthetic biology and genetic engineering), 5G and all future generations of telecommunications, advanced nuclear technology (including nuclear power and energy storage), aerospace technology, and artificial intelligence; and (B) to the extent practicable, a list of all Chinese entities of concern. (2) List of specific areas.--In developing the list under paragraph (1)(A), the Secretary of Defense shall monitor and consider the fields identified by the State Administration for Science, Technology, and Industry for the National Defense of the People's Republic of China as defense-relevant and consider, including the more than 280 fields of study designated as of the date of enactment of this Act, and any others designated thereafter, as disciplines with national defense characteristics that have the potential to support military-civil fusion. (3) Resources.--In establishing the website under paragraph (1), the Secretary of Defense may use as a model any existing resources, such as the China Defense Universities Tracker maintained by the Australian Strategic Policy Institute, subject to any other laws applicable to such resources. (d) Exception.--The prohibitions under subsection (b) shall not apply to any collaborative study or research project in fields involving information that would not contribute substantially to the goals of the military-civil fusion strategy, as determined by regulations issued by the Secretary of Defense. (e) Annual Reporting Requirements.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, and December 31 of each year thereafter, each covered entity shall submit to the Secretary of Defense a report that discloses-- (A) any research relationships the covered entity has with a Chinese entity of concern or has had during the previous year; (B) any research relationships the covered entity has considered with a Chinese entity of concern during the previous year and declined; and (C) any research relationships the covered entity has terminated with a Chinese entity of concern during the previous year because the relationship violates subsection (b) or as a result of related concerns. (2) Audit.--The Secretary of Defense may enter into a contract with an independent entity to conduct an audit of any report submitted under paragraph (1) to ensure compliance with the requirements of such paragraph. (f) Enforcement.-- (1) In general.--Notwithstanding any other provision of law, a covered entity described in subparagraph (B) or (C) of subsection (a)(2) that violates a prohibition under subsection (b), or violates subsection (e), on or after the date of enactment of this Act shall be precluded from receiving any Federal financial assistance on or after the date of such violation. (2) Regulations.--The Secretary of Defense, in consultation with the Secretary of State, the Director of National Intelligence, the Director of the Federal Bureau of Investigation, the Secretary of Energy, the Secretary of Education, the Secretary of the Treasury, and the Secretary of Commerce, shall-- (A) promulgate regulations to enforce the prohibitions under subsection (b), the auditing requirements under subsection (e), and the requirement under paragraph (1); and (B) coordinate with the heads of other Federal agencies to ensure the enforcement of such prohibitions and requirements. <all>

Preventing PLA Acquisition of United States Technology Act of 2022

A bill to counter the military-civil fusion strategy of the Chinese Communist Party and prevent United States contributions to the development of dual-use technology in China.

Preventing PLA Acquisition of United States Technology Act of 2022

Sen. Rubio, Marco

R

FL

H.R.1219

Taxation

ABLE Age Adjustment Act This bill increases from 26 to 46 the age threshold for tax-favored ABLE (Achieving a Better Life Experience) accounts. (ABLE accounts are designed to enable individuals with disabilities to save for and pay for disability-related expenses. To establish an account, an individual must have a qualifying impairment that began before the individual attained the age threshold.)

To amend the Internal Revenue Code of 1986 to increase the age requirement with respect to eligibility for qualified ABLE 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 ``ABLE Age Adjustment Act''. SEC. 2. MODIFICATION OF AGE REQUIREMENT FOR QUALIFIED ABLE PROGRAMS. (a) In General.--Section 529A(e) of the Internal Revenue Code of 1986 is amended by striking ``age 26'' in paragraphs (1)(A) and (2)(A)(i)(II) and inserting ``age 46''. (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>

ABLE Age Adjustment Act

To amend the Internal Revenue Code of 1986 to increase the age requirement with respect to eligibility for qualified ABLE programs.

ABLE Age Adjustment Act

Rep. Cárdenas, Tony

D

CA

H.R.2693

Agriculture and Food

School Lunch Affordability Act of 2021 This bill provides that only school food authorities with a negative balance in the nonprofit school food service account on June 30 of the year preceding the previous school year are required to establish a price for paid lunches using the formula specified under current law (known as Paid Lunch Equity requirements).

To amend the Richard B. Russell National School Lunch Act to require that only a school food authority that had a negative balance in the nonprofit school food service account on June 30th of the year preceding the previous school year shall be required to establish a price for paid lunches. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``School Lunch Affordability Act of 2021''. SEC. 2. REQUIRED PRICE FOR PAID LUNCH. Section 12(p)(2)(A) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(p)(2)(A)) is amended by inserting ``that had a negative balance in the nonprofit school food service account on June 30th of the year preceding the previous school year'' after ``school food authority''. <all>

School Lunch Affordability Act of 2021

To amend the Richard B. Russell National School Lunch Act to require that only a school food authority that had a negative balance in the nonprofit school food service account on June 30th of the year preceding the previous school year shall be required to establish a price for paid lunches.

School Lunch Affordability Act of 2021

Rep. Hartzler, Vicky

R

MO

H.R.4607

Education

Protecting Life on College Campus Act of 2021 This bill prohibits the award of federal funds to an institution of higher education (IHE) that hosts or is affiliated with a school-based service site that provides abortion drugs or abortions to its students or to employees of the IHE or the site. An IHE that hosts or is affiliated with a site must, in order to remain eligible for federal funds, annually certify that the site does not provide abortion drugs or abortions to students or employees.

To prohibit the award of Federal funds to an institution of higher education that hosts or is affiliated with a student-based service site that provides abortion drugs or abortions to students of the institution or to employees of the institution or site, and for other purposes. Be it enacted by the Senate 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 Life on College Campus Act of 2021''. SEC. 2. PROHIBITION ON AWARD OF FUNDS TO CERTAIN INSTITUTIONS OF HIGHER EDUCATION. (a) Prohibition.--No Federal funds may be awarded (directly or indirectly, including through a contract or subcontract) to any institution of higher education that hosts or is affiliated with any school-based service site that provides abortion drugs or abortions to students of the institution or to employees of the institution or site. (b) Annual Reporting.--To remain eligible for awards of Federal funds, an institution of higher education that hosts or is affiliated with one or more school-based service sites shall submit an annual report to the Secretary of Education and the Secretary of Health and Human Services certifying that no such site provides abortion drugs or abortions to students of the institution or to employees of the institution or site. (c) Definitions.--In this section: (1) The term ``abortion drug'' means any drug, substance, or combination of drugs or substances that is intended for use or that is in fact used (irrespective of how the product is labeled)-- (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- (i) to produce a live birth; or (ii) to remove a dead unborn child. (2) The term ``institution of higher education'' has the meaning given to such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (3) The term ``school-based service site'' means-- (A) a health clinic that-- (i) meets the definition of a school-based health center under section 2110(c)(9)(A) of the Social Security Act (42 U.S.C. 1397jj(c)(9)(A)) and is administered by a sponsoring facility (as defined in section 2110(c)(9)(B) of the Social Security Act (42 U.S.C. 1397jj(c)(9)(B))); and (ii) provides, at a minimum, comprehensive primary health services during school hours by health professionals in accordance with established standards, community practice, reporting laws, and other State laws, including parental consent and notification laws that are not inconsistent with Federal law; or (B) a clinic providing health care services (including primary health services, family planning services, telehealth services, and pharmaceutical services, without regard to whether the services are provided by employees of the clinic or contracted providers) to students that is located on the campus of an institution of higher education that accepts Federal funding. <all>

Protecting Life on College Campus Act of 2021

To prohibit the award of Federal funds to an institution of higher education that hosts or is affiliated with a student-based service site that provides abortion drugs or abortions to students of the institution or to employees of the institution or site, and for other purposes.

Protecting Life on College Campus Act of 2021

Rep. Roy, Chip

R

TX

S.290

Government Operations and Politics

This bill directs the President to designate an employee of the National Security Council to be the permanent coordinator for pandemic prevention and response for the federal government. The coordinator shall (1) serve as the principal advisor to the President regarding pandemic prevention and response, and (2) lead interagency coordination for such prevention and response. The coordinator may represent the United States in bilateral and multilateral discussions and agreements on matters relevant to such prevention and response.

To amend the National Security Act of 1947 to require the President to designate an employee of the National Security Council to be responsible for pandemic prevention and response, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. NATIONAL SECURITY COUNCIL COORDINATOR FOR PANDEMIC PREVENTION AND RESPONSE. Section 101 of the National Security Act of 1947 (50 U.S.C. 3021) is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection (h): ``(h) Coordinator for Pandemic Prevention and Response.-- ``(1) In general.--The President shall designate an employee of the National Security Council to be the permanent coordinator for pandemic prevention and response for the Federal Government (in this subsection referred to as the `Coordinator'). ``(2) Purpose.--The Coordinator shall direct all efforts of the Federal Government relating to United States policy regarding pandemic prevention and response, including by carrying out the duties under paragraph (3). ``(3) Duties.--The Coordinator shall-- ``(A) serve as the principal advisor to the President regarding pandemic prevention and response; ``(B) notwithstanding any other provision of law, coordinate and direct all activities, policies, programs, and funding relating to pandemic prevention and response, for all Federal agencies; ``(C) direct, as appropriate, Federal Government resources to respond to needs for pandemic prevention and response; and ``(D) lead interagency coordination for pandemic prevention and response, including regular consultation with nongovernmental organizations and public health officials working to prevent and respond to pandemics. ``(4) Authority to represent the united states.--The Coordinator may represent the United States in bilateral and multilateral discussions and agreements on matters relevant to pandemic prevention and response.''. <all>

A bill to amend the National Security Act of 1947 to require the President to designate an employee of the National Security Council to be responsible for pandemic prevention and response, and for other purposes.

A bill to amend the National Security Act of 1947 to require the President to designate an employee of the National Security Council to be responsible for pandemic prevention and response, and for other purposes.

Official Titles - Senate Official Title as Introduced A bill to amend the National Security Act of 1947 to require the President to designate an employee of the National Security Council to be responsible for pandemic prevention and response, and for other purposes.

Sen. Markey, Edward J.

D

MA

H.R.9190

Economics and Public Finance

Presidential Accountability for Yearly Submission of The United States' Budget Act or the PAYSTUB Act This bill restricts the use of federal funds for the salaries or expenses of political employees if the President's budget is not submitted to Congress by the first Monday in February as required by law. Specifically, if the President's budget is not submitted to Congress on or before the first Monday in February of a year, federal funds may not be used for the salary or expenses of any political employee during the period beginning on the first Tuesday of February of that year and ending on the date the budget is submitted. On the earliest possible date after the President's budget is submitted, political employees whose salaries or expenses were not paid during a period in which the President's budget had not yet been submitted must be paid for that period.

To amend title 31, United States Code, to limit the use of Federal funds for the salaries or expenses of political employees if the President's annual budget submission to Congress is late, and for other purposes. Be it enacted by the Senate 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 Accountability for Yearly Submission of The United States' Budget Act'' or the ``PAYSTUB Act''. SEC. 2. LIMITATION ON USE OF FEDERAL FUNDS FOR POLITICAL EMPLOYEE SALARIES AND EXPENSES IF PRESIDENT'S BUDGET IS LATE. Section 1105 of title 31, United States Code, is amended by adding at the end the following: ``(j)(1) If the budget under subsection (a) is not submitted to Congress on or before the first Monday in February of a year, during the period beginning on the first Tuesday of February of such year and ending on the date the budget is submitted, no Federal funds may be obligated or expended for the salary or expenses of any political employee. ``(2) Each political employee whose salary and expenses are not paid by operation of paragraph (1) shall be paid for the period the limitation under such subsection was in effect at the employee's standard rate of pay, at the earliest date possible after such period ends, regardless of scheduled pay dates. ``(3) In this subsection, the term `political employee' means any individual-- ``(A) occupying a position described under sections 5312 through 5316 of title 5 (relating to the Executive Schedule); ``(B) serving under a noncareer appointment in the Senior Executive Service, as defined under paragraph (7) of section 3132(a) of such title; or ``(C) occupying a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations.''. <all>

PAYSTUB Act

To amend title 31, United States Code, to limit the use of Federal funds for the salaries or expenses of political employees if the President's annual budget submission to Congress is late, and for other purposes.

PAYSTUB Act Presidential Accountability for Yearly Submission of The United States’ Budget Act

Rep. Carter, Earl L. "Buddy"

R

GA

H.R.2131

Energy

Gulf Conservation and Recreation Funding Act This bill requires the Department of the Interior to annually pay Gulf producing states (Alabama, Louisiana, Mississippi, and Texas) and each of their coastal political subdivisions an amount equal to the amount of revenue they will not receive due to moratorium on new oil and natural gas leases in offshore waters. The moratorium was established under Executive Order 14008 on January 27, 2021.

To amend the Gulf of Mexico Energy Security Act of 2006 to require payments to Gulf producing States and their coastal political subdivisions to compensate for reductions in other payments under that Act resulting from the moratorium on new oil and natural gas leases in offshore waters under Executive Order 14008 of January 27, 2021. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Gulf Conservation and Recreation Funding Act''. SEC. 2. PAYMENTS TO GULF PRODUCING STATES AND COASTAL POLITICAL SUBDIVISIONS TO COMPENSATE FOR REDUCTIONS IN PAYMENTS RESULTING FROM MORATORIUM ON NEW OFFSHORE OIL AND NATURAL GAS LEASES. Section 105(b) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note) is amended by adding at the end the following: ``(4) Payments to gulf producing states to compensate for reductions in other payments resulting from moratorium on new leases.--In addition to the other payments required by this subsection, during the effective period of the moratorium on new oil and natural gas leases in offshore waters under Executive Order 14008 of January 27, 2021, the Secretary shall pay to each Gulf producing State and each coastal political subdivision each fiscal year an amount equal to the difference between the amount of such other payments for the fiscal year to the State or subdivision, respectively, and the average annual amount of such other payments to the State or subdivision, respectively, for fiscal years after fiscal year 2017 and up to fiscal year 2020.''. <all>

Gulf Conservation and Recreation Funding Act

To amend the Gulf of Mexico Energy Security Act of 2006 to require payments to Gulf producing States and their coastal political subdivisions to compensate for reductions in other payments under that Act resulting from the moratorium on new oil and natural gas leases in offshore waters under Executive Order 14008 of January 27, 2021.

Gulf Conservation and Recreation Funding Act

Rep. Carl, Jerry L.

R

AL

S.4405

Crime and Law Enforcement

Inmate Financial Accountability Task Force Act This bill establishes a joint task force to (1) develop a strategic plan to improve the criminal and civil debt collection process and establish an effective coordination mechanism among each entity involved in the process, and (2) develop a strategic plan to improve oversight of Bureau of Prisons inmate trust fund accounts for detecting and deterring illicit financial activity and money laundering.

To establish a joint task force to improve the collection of restitution and improve oversight of the Bureau of Prisons Inmate Trust Fund Accounts for the purpose of deterring illicit financial activity, money laundering, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Inmate Financial Accountability Task Force Act''. SEC. 2. TASK FORCE. (a) In General.--The Attorney General (in consultation with the Director of the Bureau of Prisons and the Director of the Executive Office for United States Attorneys), the Director of the Administrative Office of the United States Courts, the Secretary of Health and Human Services (in consultation with the Commissioner of the Office of Child Support Enforcement), the Secretary of the Treasury, and the Director of the United States Marshals Service shall establish a joint task force (referred to in this Act as the ``Inmate Financial Accountability Task Force'') to develop-- (1) a strategic plan to improve the criminal and civil debt collection process and establish an effective coordination mechanism among each entity involved in that process; and (2) a strategic plan to improve oversight of Bureau of Prisons Inmate Trust Fund Accounts for detecting and deterring illicit financial activity and money laundering. (b) Required Review of Procedures.--Not later than 180 days after the date of enactment of this Act, the Inmate Financial Accountability Task Force shall-- (1) review the long-standing problems in the collection of outstanding criminal and civil debt, including fragmented processes and lack of coordination; (2) review and enhance training and examination procedures to improve the capabilities of criminal and civil debt reporting and collection by Federal agencies; (3) recommend the proper accounting, reporting, collecting, and management of criminal and civil debt eligible for referral to the Secretary of the Treasury for collection actions; (4) review and enhance training and examination procedures to improve the capabilities of anti-money laundering processes to detect financial transactions relating to Bureau of Prisons Inmate Trust Fund Accounts; (5) review and enhance procedures for referring potential cases relating to money laundering and illicit financial activity to the appropriate law enforcement agency; and (6) determine, as appropriate, whether requirements for the Bureau of Prisons are sufficient to detect and deter money laundering relating to Bureau of Prisons Inmate Trust Fund Accounts. (c) Reports.-- (1) Criminal and civil debt collection report.--Not later than 1 year after the date of enactment of this Act, the Inmate Financial Accountability Task Force shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on the Judiciary of the Senate and the Committee on Financial Services and the Committee on the Judiciary of the House of Representatives, a report containing-- (A) an analysis of criminal and civil debt collection efforts of the Federal Government; (B) appropriate legislative, administrative, and other recommendations to strengthen criminal and civil debt collection processes; and (C) recommendations, including-- (i) feedback from stakeholders, including financial institutions and advocacy groups for victims of crime, on policy proposals derived from the analysis conducted by the Inmate Financial Accountability Task Force that would enhance the efforts and programs of Federal and State agencies to improve criminal and civil debt reporting and collection, including any recommended changes to internal policies, procedures, and controls; (ii) any recommended changes to expand information sharing relating to criminal and civil debt reporting and collection between financial institutions, appropriate law enforcement agencies, appropriate State agencies, and appropriate Federal agencies; (iii) any recommended changes to enhance the efforts and programs of Federal and State agencies to improve criminal and civil debt reporting and collection and expand information sharing of the Bureau of Prisons Inmate Trust Fund Accounts with appropriate law enforcement agencies; and (iv) any recommended changes, if necessary, to existing statutes to more effectively report and collect criminal and civil debt. (2) Anti-money laundering report.--Not later than 1 year after the date of enactment of this Act, the Inmate Financial Accountability Task Force shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on the Judiciary of the Senate, the Committee on Financial Services and the Committee on the Judiciary of the House of Representatives, a report containing-- (A) an analysis of anti-money laundering efforts of the Federal Government and Federal financial institutions relating to Bureau of Prisons Inmate Trust Fund Accounts; (B) appropriate legislative, administrative, and other recommendations to improve anti-money laundering efforts relating to Bureau of Prisons Inmate Trust Fund Accounts; and (C) recommendations, including-- (i) feedback from Federal agencies on best practices under successful programs related to anti-money laundering efforts in place that may be suitable for broader adoption by the Director of the Bureau of Prisons; (ii) feedback from stakeholders, including law enforcement agencies and financial institutions, on policy proposals derived from the analysis conducted by the Inmate Financial Accountability Task Force that would enhance anti-money laundering efforts and oversight of Bureau of Prisons Inmate Trust Fund Accounts, including any recommended changes to internal policies, procedures, and controls to improve anti-money laundering efforts; (iii) any recommended changes to training programs at the Bureau of Prisons to better equip employees to deter and detect money laundering relating to Bureau of Prisons Inmate Trust Fund Accounts; and (iv) recommended changes, if necessary, to existing statutes to more effectively detect and deter money laundering relating to Bureau of Prisons Inmate Trust Fund Accounts. (d) Limitation.--Nothing in this Act shall be construed to grant rulemaking authority to the Inmate Financial Accountability Task Force. (e) Bureau of Prisons Inmate Trust Fund Accounts.--In this Act, the term ``Bureau of Prisons Inmate Trust Fund Accounts'' refers to-- (1) funds of Federal prisoners held in trust by the Bureau of Prisons; and (2) commissary funds of Federal prisoners. <all>

Inmate Financial Accountability Task Force Act

A bill to establish a joint task force to improve the collection of restitution and improve oversight of the Bureau of Prisons Inmate Trust Fund Accounts for the purpose of deterring illicit financial activity, money laundering, and for other purposes.

Inmate Financial Accountability Task Force Act

Sen. Kennedy, John

R

LA

H.R.1573

Immigration

Access to Counsel Act of 2021 This bill provides various protections for covered individuals subject to secondary or deferred inspections when seeking admission into the United States. Covered individuals include U.S. nationals, lawful permanent residents, aliens in possession of a visa, returning asylees, and refugees. The Department of Homeland Security shall ensure that a covered individual subject to secondary or deferred inspection has a meaningful opportunity to consult with counsel and certain related parties, such as a relative, within an hour of the start of the secondary inspection and as necessary during the inspection process. The counsel and related party shall be allowed to advocate on behalf of the covered individual, including by providing evidence and information to the examining immigration officer. A lawful permanent resident subject to secondary or deferred inspection may not abandon lawful permanent resident status until the individual has had a meaningful opportunity to seek advice from counsel, unless the individual voluntarily and knowingly waives in writing this opportunity to seek counsel's advice.

To clarify the rights of certain persons who are held or detained at a port of entry or at any facility overseen by U.S. Customs and Border Protection. Be it enacted by the Senate 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 Counsel Act of 2021''. SEC. 2. ACCESS TO COUNSEL AND OTHER ASSISTANCE AT PORTS OF ENTRY AND DURING DEFERRED INSPECTION. (a) Access to Counsel and Other Assistance During Inspection.-- Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is amended by adding at the end the following: ``(e) Access to Counsel and Other Assistance During Inspection at Ports of Entry and During Deferred Inspection.-- ``(1) In general.--The Secretary of Homeland Security shall ensure that a covered individual has a meaningful opportunity to consult with counsel and an interested party during the inspection process. ``(2) Scope of assistance.--The Secretary of Homeland Security shall-- ``(A) provide the covered individual a meaningful opportunity to consult (including consultation via telephone) with counsel and an interested party not later than one hour after the secondary inspection process commences and as necessary throughout the remainder of the inspection process, including, as applicable, during deferred inspection; ``(B) allow counsel and an interested party to advocate on behalf of the covered individual, including by providing to the examining immigration officer information, documentation, and other evidence in support of the covered individual; and ``(C) to the greatest extent practicable, accommodate a request by the covered individual for counsel or an interested party to appear in-person at the secondary or deferred inspection site. ``(3) Special rule for lawful permanent residents.-- ``(A) In general.--Except as provided in subparagraph (B), the Secretary of Homeland Security may not accept a Form I-407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from a lawful permanent resident subject to secondary or deferred inspection without first providing such lawful permanent resident a meaningful opportunity to seek advice from counsel. ``(B) Exception.--The Secretary of Homeland Security may accept Form I-407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from a lawful permanent resident subject to secondary or deferred inspection if such lawful permanent resident knowingly, intelligently, and voluntarily waives, in writing, the opportunity to seek advice from counsel. ``(4) Definitions.--In this section: ``(A) Counsel.--The term `counsel' means-- ``(i) an attorney who is a member in good standing of the bar of any State, the District of Columbia, or a territory or a possession of the United States and is not under an order suspending, enjoining, restraining, disbarring, or otherwise restricting the attorney in the practice of law; or ``(ii) an individual accredited by the Attorney General, acting as a representative of an organization recognized by the Executive Office for Immigration Review, to represent a covered individual in immigration matters. ``(B) Covered individual.--The term `covered individual' means an individual subject to secondary or deferred inspection who is-- ``(i) a national of the United States; ``(ii) an immigrant, lawfully admitted for permanent residence, who is returning from a temporary visit abroad; ``(iii) an alien seeking admission as an immigrant in possession of a valid unexpired immigrant visa; ``(iv) an alien seeking admission as a nonimmigrant in possession of a valid unexpired nonimmigrant visa; ``(v) a refugee; ``(vi) a returning asylee; or ``(vii) an alien who has been approved for parole under section 212(d)(5)(A), including an alien who is returning to the United States in possession of a valid advance parole document. ``(C) Interested party.--The term `interested party' means-- ``(i) a relative of the covered individual; ``(ii) in the case of a covered individual to whom an immigrant or a nonimmigrant visa has been issued, the petitioner or sponsor thereof (including an agent of such petitioner or sponsor); or ``(iii) a person, organization, or entity in the United States with a bona fide connection to the covered individual.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect 180 days after the date of the enactment of this Act. (c) Savings Provision.--Nothing in this Act, or in any amendment made by this Act, may be construed to limit a right to counsel or any right to appointed counsel under-- (1) section 240(b)(4)(A) (8 U.S.C. 1229a(b)(4)(A)); (2) section 292 of the Immigration and Nationality Act (8 U.S.C. 1362); or (3) any other provision of law, including any final court order securing such rights, as in effect on the day before the date of the enactment of this Act. Passed the House of Representatives April 21, 2021. Attest: CHERYL L. JOHNSON, Clerk.

Access to Counsel Act of 2021

To clarify the rights of certain persons who are held or detained at a port of entry or at any facility overseen by U.S. Customs and Border Protection. To clarify the rights of all persons who are held or detained at a port of entry or at any detention facility overseen by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement.

Access to Counsel Act of 2021 Access to Counsel Act of 2021 Access to Counsel Act of 2021 Access to Counsel Act of 2021

Rep. Jayapal, Pramila

D

WA

S.5054

Government Operations and Politics

Honest Ads Act This bill applies requirements, limitations, and protections regarding political advertising in traditional media to internet or digital political advertising. The bill sets forth special rules for disclosure statements for certain internet or digital ads.

To enhance transparency and accountability for online political advertisements by requiring those who purchase and publish such ads to disclose information about the advertisements to the public, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Honest Ads Act''. SEC. 2. PURPOSE. The purpose of this subtitle is to enhance the integrity of American democracy and national security by improving disclosure requirements for online political advertisements in order to uphold the Supreme Court's well-established standard that the electorate bears the right to be fully informed. SEC. 3. FINDINGS. Congress makes the following findings: (1) In 2002, the Bipartisan Campaign Reform Act of 2002 (Public Law 107-155) became law, establishing disclosure requirements for political advertisements distributed from a television or radio broadcast station or provider of cable or satellite television. In 2003, the Supreme Court upheld regulations on electioneering communications established under the Act, noting that such requirements ``provide the electorate with information and insure that the voters are fully informed about the person or group who is speaking''. The Court reaffirmed this conclusion in 2010 by an 8-1 vote. (2) In its 2006 rulemaking, the Federal Election Commission, the independent Federal agency charged with protecting the integrity of the Federal campaign finance process, noted that 18 percent of all Americans cited the internet as their leading source of news about the 2004 Presidential election. By contrast, Gallup and the Knight Foundation found in 2020 that the majority of Americans, 58 percent, got most of their news about elections online. (3) According to a study from Borrell Associates, in 2016, $1,415,000,000 was spent on online advertising, more than quadruple the amount in 2012. (4) Effective and complete transparency for voters must include information about the true and original source of money given, transferred, and spent on political advertisements made online. (5) Requiring the disclosure of this information is a necessary and narrowly tailored means to inform the voting public of who is behind digital advertising disseminated to influence their votes and to enable the Federal Election Commission and the Department of Justice to detect and prosecute illegal foreign spending on local, State, and Federal elections and other campaign finance violations. (6) Paid advertising on large online platforms is different from advertising placed on other common media in terms of the comparatively low cost of reaching large numbers of people, the availability of sophisticated microtargeting, and the ease with which online advertisers, particularly those located outside the United States, can evade disclosure requirements. Requiring large online platforms to maintain public files of information about the online political ads they disseminate is the best and least restrictive means to ensure the voting public has complete information about who is trying to influence their votes and to aid enforcement of other laws, including the prohibition on foreign money in domestic campaigns. (7) The reach of a few large internet platforms--larger than any broadcast, satellite, or cable provider--has greatly facilitated the scope and effectiveness of disinformation campaigns. For instance, the largest platform has over 210,000,000 American users--over 160,000,000 of them on a daily basis. By contrast, the largest cable television provider has 22,430,000 subscribers, while the largest satellite television provider has 21,000,000 subscribers, and the most-watched television broadcast in United States history had 118,000,000 viewers. (8) The public nature of broadcast television, radio, and satellite ensures a level of publicity for any political advertisement. These communications are accessible to the press, fact-checkers, and political opponents. This creates strong disincentives for a candidate to disseminate materially false, inflammatory, or contradictory messages to the public. Social media platforms, in contrast, can target portions of the electorate with direct, ephemeral advertisements often on the basis of private information the platform has on individuals, enabling political advertisements that are contradictory, racially or socially inflammatory, or materially false. (9) According to comscore, 2 companies own 8 of the 10 most popular smart phone applications as of June 2017, including the most popular social media and email services which deliver information and news to users without requiring proactivity by the user. Those same 2 companies accounted for 99 percent of revenue growth from digital advertising in 2016, including 77 percent of gross spending. 79 percent of online Americans-- representing 68 percent of all Americans--use the single largest social network, while 66 percent of these users are most likely to get their news from that site. (10) Large social media platforms are the only entities in possession of certain key data related to paid online ads, including the exact audience targeted by those ads and their number of impressions. Such information, which cannot be reliably disclosed by the purchasers of ads, is extremely useful for informing the electorate, guarding against corruption, and aiding in the enforcement of existing campaign finance regulations. (11) Paid advertisements on social media platforms have served as critical tools for foreign online influence campaigns--even those that rely on large amounts of unpaid content--because such ads allow foreign actors to test the effectiveness of different messages, expose their messages to audiences who have not sought out such content, and recruit audiences for future campaigns and posts. (12) In testimony before the Senate Select Committee on Intelligence titled, ``Disinformation: A Primer in Russian Active Measures and Influence Campaigns'', multiple expert witnesses testified that while the disinformation tactics of foreign adversaries have not necessarily changed, social media services now provide ``platform[s] practically purpose-built for active measures[.]''. Similarly, as Gen. Keith B. Alexander (RET.), the former Director of the National Security Agency, testified, during the Cold War ``if the Soviet Union sought to manipulate information flow, it would have to do so principally through its own propaganda outlets or through active measures that would generate specific news: planting of leaflets, inciting of violence, creation of other false materials and narratives. But the news itself was hard to manipulate because it would have required actual control of the organs of media, which took long-term efforts to penetrate. Today, however, because the clear majority of the information on social media sites is uncurated and there is a rapid proliferation of information sources and other sites that can reinforce information, there is an increasing likelihood that the information available to average consumers may be inaccurate (whether intentionally or otherwise) and may be more easily manipulable than in prior eras.''. (13) On November 24, 2016, The Washington Post reported findings from 2 teams of independent researchers that concluded Russians ``exploited American-made technology platforms to attack U.S. democracy at a particularly vulnerable moment * * * as part of a broadly effective strategy of sowing distrust in U.S. democracy and its leaders.''. (14) On January 6, 2017, the Office of the Director of National Intelligence published a report titled ``Assessing Russian Activities and Intentions in Recent U.S. Elections'', noting that ``Russian President Vladimir Putin ordered an influence campaign in 2016 aimed at the U.S. presidential election * * *''. Moscow's influence campaign followed a Russian messaging strategy that blends covert intelligence operation--such as cyber activity--with overt efforts by Russian Government agencies, state-funded media, third-party intermediaries, and paid social media users or ``trolls''. (15) On September 6, 2017, the nation's largest social media platform disclosed that between June 2015 and May 2017, Russian entities purchased $100,000 in political advertisements, publishing roughly 3,000 ads linked to fake accounts associated with the Internet Research Agency, a pro- Kremlin organization. According to the company, the ads purchased focused ``on amplifying divisive social and political messages * * *''. (16) Findings from a 2017 study on the manipulation of public opinion through social media conducted by the Computational Propaganda Research Project at the Oxford Internet Institute found that the Kremlin is using pro-Russian bots to manipulate public discourse to a highly targeted audience. With a sample of nearly 1,300,000 tweets, researchers found that in the 2016 election's 3 decisive States, propaganda constituted 40 percent of the sampled election-related tweets that went to Pennsylvanians, 34 percent to Michigan voters, and 30 percent to those in Wisconsin. In other swing States, the figure reached 42 percent in Missouri, 41 percent in Florida, 40 percent in North Carolina, 38 percent in Colorado, and 35 percent in Ohio. (17) 2018 reporting by the Washington Post estimated that paid Russian ads received more than 37,000,000 impressions in 2016 and 2017. (18) A 2019 Senate Select Committee on Intelligence's Report on Russian Active Measures Campaigns and Interference in the 2016 U.S. Election Volume 2: Russia's Use of Social Media with Additional Views, the Committee recommended ``that Congress examine legislative approaches to ensuring Americans know the sources of online political advertisements. The Federal Election Campaign Act of 1971 requires political advertisements on television, radio and satellite to disclose the sponsor of the advertisement. The same requirements should apply online. This will also help to ensure that the IRA or any similarly situated actors cannot use paid advertisements for purposes of foreign interference.''. (19) A 2020 study by researchers at New York University found undisclosed political advertisement purchases on a large social media platform by a Chinese state media company in violation of that platform's supposed prohibitions on foreign spending on ads of social, national, or electoral importance. (20) The same study also found that ``there are persistent issues with advertisers failing to disclose political ads'' and that in one social media platform's political ad archive, 68,879 pages (54.6 percent of pages with political ads included in the archive) never provided a disclosure. Overall, there were 357,099 ads run on that platforms without a disclosure, accounting for at least $37,000,000 in spending on political ads. (21) A 2020 report by the bipartisan and bicameral U.S. Cyberspace Solarium Commission found that ``Although foreign nationals are banned from contributing to U.S. political campaigns, they are still allowed to purchase U.S. political advertisements online, making the internet a fertile environment for conducting a malign influence campaign to undermine American elections.''. The Commission concluded that Russian interference in the 2016 election was and still is possible, ``because the FECA, which establishes rules for transparency in television, radio, and print media political advertising, has not been amended to extend the same political advertising requirements to internet platforms,'' and that ``[a]pplying these standards across all media of communication would, among other things, increase transparency of funding for political advertisements, which would in turn strengthen regulators' ability to reduce improper foreign influence in our elections''. (22) On March 16, 2021, the Office of the Director of National Intelligence released the declassified Intelligence Community assessment of foreign threats to the 2020 U.S. Federal elections. The declassified report found: ``Throughout the election cycle, Russia's online influence actors sought to affect U.S. public perceptions of the candidates, as well as advance Moscow's longstanding goals of undermining confidence in U.S. election processes and increasing sociopolitical divisions among the American people.''. The report also determined that Iran sought to influence the election by ``creating and amplifying social media content that criticized [candidates]''. (23) According to a Wall Street Journal report in April 2021, voluntary ad libraries operated by major platforms rely on foreign governments to self-report political ad purchases. These ad-buys, including those diminishing major human rights violations like the Uighur genocide, are under-reported by foreign government purchasers, with no substantial oversight or repercussions from the platforms. (24) Multiple reports have indicated that online ads have become a key vector for strategic influence by the People's Republic of China. An April 2021 Wall Street Journal report noted that the Chinese Government and Chinese state-owned enterprises are major purchasers of ads on the U.S.'s largest social media platform, including to advance Chinese propaganda. (25) Large online platforms have made changes to their policies intended to make it harder for foreign actors to purchase political ads. However, these private actions have not been taken by all platforms, have not been reliably enforced, and are subject to immediate change at the discretion of the platforms. (26) The Federal Election Commission has failed to take action to address online political advertisements and current regulations on political advertisements do not provide sufficient transparency to uphold the public's right to be fully informed about political advertisements made online. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the dramatic increase in digital political advertisements, and the growing centrality of online platforms in the lives of Americans, requires the Congress and the Federal Election Commission to take meaningful action to ensure that laws and regulations provide the accountability and transparency that is fundamental to our democracy; (2) free and fair elections require both transparency and accountability which give the public a right to know the true sources of funding for political advertisements, be they foreign or domestic, in order to make informed political choices and hold elected officials accountable; and (3) transparency of funding for political advertisements is essential to enforce other campaign finance laws, including the prohibition on campaign spending by foreign nationals. SEC. 5. EXPANSION OF DEFINITION OF PUBLIC COMMUNICATION. (a) In General.--Paragraph (22) of section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(22)) is amended by striking ``or satellite communication'' and inserting ``satellite, paid internet, or paid digital communication''. (b) Treatment of Contributions and Expenditures.--Section 301 of such Act (52 U.S.C. 30101) is amended-- (1) in paragraph (8)(B)(v), by striking ``on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising'' and inserting ``in any public communication''; and (2) in paragraph (9)(B)-- (A) by amending clause (i) to read as follows: ``(i) any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, blog, publication, or periodical, unless such broadcasting, print, online, or digital facilities are owned or controlled by any political party, political committee, or candidate;''; and (B) in clause (iv), by striking ``on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising'' and inserting ``in any public communication''. (c) Disclosure and Disclaimer Statements.--Subsection (a) of section 318 of such Act (52 U.S.C. 30120) is amended-- (1) by striking ``financing any communication through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising'' and inserting ``financing any public communication''; and (2) by striking ``solicits any contribution through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising'' and inserting ``solicits any contribution through any public communication''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act and shall take effect without regard to whether or not the Federal Election Commission has promulgated the final regulations necessary to carry out this part and the amendments made by this part by the deadline set forth in subsection (e). (e) Regulation.--Not later than 1 year after the date of the enactment of this Act, the Federal Election Commission shall promulgate regulations on what constitutes a paid internet or paid digital communication for purposes of paragraph (22) of section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(22)), as amended by subsection (a), except that such regulation shall not define a paid internet or paid digital communication to include communications for which the only payment consists of internal resources, such as employee compensation, of the entity paying for the communication. SEC. 6. EXPANSION OF DEFINITION OF ELECTIONEERING COMMUNICATION. (a) Expansion to Online Communications.-- (1) Application to qualified internet and digital communications.-- (A) In general.--Subparagraph (A) of section 304(f)(3) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(f)(3)(A)) is amended by striking ``or satellite communication'' each place it appears in clauses (i) and (ii) and inserting ``satellite, or qualified internet or digital communication''. (B) Qualified internet or digital communication.-- Paragraph (3) of section 304(f) of such Act (52 U.S.C. 30104(f)) is amended by adding at the end the following new subparagraph: ``(D) Qualified internet or digital communication.--The term `qualified internet or digital communication' means any communication which is placed or promoted for a fee on an online platform (as defined in subsection (j)(3)).''. (2) Nonapplication of relevant electorate to online communications.--Section 304(f)(3)(A)(i)(III) of such Act (52 U.S.C. 30104(f)(3)(A)(i)(III)) is amended by inserting ``any broadcast, cable, or satellite'' before ``communication''. (3) News exemption.--Section 304(f)(3)(B)(i) of such Act (52 U.S.C. 30104(f)(3)(B)(i)) is amended to read as follows: ``(i) a communication appearing in a news story, commentary, or editorial distributed through the facilities of any broadcasting station or any online or digital newspaper, magazine, blog, publication, or periodical, unless such broadcasting, online, or digital facilities are owned or controlled by any political party, political committee, or candidate;''. (b) Effective Date.--The amendments made by this section shall apply with respect to communications made on or after January 1, 2023, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. SEC. 7. APPLICATION OF DISCLAIMER STATEMENTS TO ONLINE COMMUNICATIONS. (a) Clear and Conspicuous Manner Requirement.--Subsection (a) of section 318 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30120(a)) is amended-- (1) by striking ``shall clearly state'' each place it appears in paragraphs (1), (2), and (3) and inserting ``shall state in a clear and conspicuous manner''; and (2) by adding at the end the following flush sentence: ``For purposes of this section, a communication does not make a statement in a clear and conspicuous manner if it is difficult to read or hear or if the placement is easily overlooked.''. (b) Special Rules for Qualified Internet or Digital Communications.-- (1) In general.--Section 318 of such Act (52 U.S.C. 30120) is amended by adding at the end the following new subsection: ``(e) Special Rules for Qualified Internet or Digital Communications.-- ``(1) Special rules with respect to statements.--In the case of any qualified internet or digital communication (as defined in section 304(f)(3)(D)) which is disseminated through a medium in which the provision of all of the information specified in this section is not possible, the communication shall, in a clear and conspicuous manner-- ``(A) state the name of the person who paid for the communication; and ``(B) provide a means for the recipient of the communication to obtain the remainder of the information required under this section with minimal effort and without receiving or viewing any additional material other than such required information. ``(2) Safe harbor for determining clear and conspicuous manner.--A statement in qualified internet or digital communication (as defined in section 304(f)(3)(D)) shall be considered to be made in a clear and conspicuous manner as provided in subsection (a) if the communication meets the following requirements: ``(A) Text or graphic communications.--In the case of a text or graphic communication, the statement-- ``(i) appears in letters at least as large as the majority of the text in the communication; and ``(ii) meets the requirements of paragraphs (2) and (3) of subsection (c). ``(B) Audio communications.--In the case of an audio communication, the statement is spoken in a clearly audible and intelligible manner at the beginning or end of the communication and lasts at least 3 seconds. ``(C) Video communications.--In the case of a video communication which also includes audio, the statement-- ``(i) is included at either the beginning or the end of the communication; and ``(ii) is made both in-- ``(I) a written format that meets the requirements of subparagraph (A) and appears for at least 4 seconds; and ``(II) an audible format that meets the requirements of subparagraph (B). ``(D) Other communications.--In the case of any other type of communication, the statement is at least as clear and conspicuous as the statement specified in subparagraph (A), (B), or (C).''. (2) Nonapplication of certain exceptions.--The exceptions provided in section 110.11(f)(1)(i) and (ii) of title 11, Code of Federal Regulations, or any successor to such rules, shall have no application to qualified internet or digital communications (as defined in section 304(f)(3)(D) of the Federal Election Campaign Act of 1971). (c) Modification of Additional Requirements for Certain Communications.--Section 318(d) of such Act (52 U.S.C. 30120(d)) is amended-- (1) in paragraph (1)(A)-- (A) by striking ``which is transmitted through radio'' and inserting ``which is in an audio format''; and (B) by striking ``By radio'' in the heading and inserting ``Audio format''; (2) in paragraph (1)(B)-- (A) by striking ``which is transmitted through television'' and inserting ``which is in video format''; and (B) by striking ``By television'' in the heading and inserting ``Video format''; and (3) in paragraph (2)-- (A) by striking ``transmitted through radio or television'' and inserting ``made in audio or video format''; and (B) by striking ``through television'' in the second sentence and inserting ``in video format''. (d) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. SEC. 8. POLITICAL RECORD REQUIREMENTS FOR ONLINE PLATFORMS. (a) In General.--Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104) is amended by adding at the end the following new subsection: ``(j) Disclosure of Certain Online Advertisements.-- ``(1) In general.-- ``(A) Requirements for online platforms.-- ``(i) In general.--An online platform shall maintain, and make available for online public inspection in machine readable format, a complete record of any request to purchase on such online platform a qualified political advertisement which is made by a person whose aggregate requests to purchase qualified political advertisements on such online platform during the calendar year exceeds $500. ``(ii) Requirement relating to political ads sold by third-party advertising vendors.-- An online platform that displays a qualified political advertisement sold by a third-party advertising vendor as defined in (3)(C), shall include on its own platform an easily accessible and identifiable link to the records maintained by the third-party advertising vendor under clause (i) regarding such qualified political advertisement. ``(B) Requirements for advertisers.--Any person who requests to purchase a qualified political advertisement on an online platform shall provide the online platform with such information as is necessary for the online platform to comply with the requirements of subparagraph (A). ``(2) Contents of record.--A record maintained under paragraph (1)(A) shall contain-- ``(A) a digital copy of the qualified political advertisement; ``(B) a description of the audience targeted by the advertisement, the number of views generated from the advertisement, and the date and time that the advertisement is first displayed and last displayed; and ``(C) information regarding-- ``(i) the total cost of the advertisement; ``(ii) the name of the candidate to which the advertisement refers and the office to which the candidate is seeking election, the election to which the advertisement refers, or the national legislative issue to which the advertisement refers (as applicable); ``(iii) in the case of a request made by, or on behalf of, a candidate, the name of the candidate, the authorized committee of the candidate, and the treasurer of such committee; and ``(iv) in the case of any request not described in clause (iii), the name of the person purchasing the advertisement, the name and address of a contact person for such person, and a list of the chief executive officers or members of the executive committee or of the board of directors of such person. ``(3) Online platform.-- ``(A) In general.--For purposes of this subsection, subject to subparagraph (B), the term `online platform' means any public-facing website, web application, or digital application (including a social network, ad network, or search engine) which-- ``(i)(I) sells qualified political advertisements; and ``(II) has 50,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months; or ``(ii) is a third-party advertising vendor that has 50,000,000 or more unique monthly United States visitors in the aggregate on any advertisement space that it has sold or bought for a majority of months during the preceding 12 months, as measured by an independent digital ratings service accredited by the Media Ratings Council (or its successor). ``(B) Exemption.--Such term shall not include any online platform that is a distribution facility of any broadcasting station or newspaper, magazine, blog, publication, or periodical. ``(C) Third-party advertising vendor defined.--For purposes of this subsection, the term `third-party advertising vendor' includes, but is not limited to, any third-party advertising vendor network, advertising agency, advertiser, or third-party advertisement serving company that buys and sells advertisement space on behalf of unaffiliated third-party websites, search engines, digital applications, or social media sites. ``(4) Qualified political advertisement.--For purposes of this subsection, the term `qualified political advertisement' means any advertisement (including search engine marketing, display advertisements, video advertisements, native advertisements, and sponsorships) that-- ``(A) is made by or on behalf of a candidate; or ``(B) communicates a message relating to any political matter of national importance, including-- ``(i) a candidate; ``(ii) any election to Federal office; or ``(iii) a national legislative issue of public importance. ``(5) Time to maintain file.--The information required under this subsection shall be made available as soon as possible and shall be retained by the online platform for a period of not less than 4 years. ``(6) Special rule.--For purposes of this subsection, multiple versions of an advertisement that contain no material differences (such as versions that differ only because they contain a recipient's name, or differ only in size, color, font, or layout) may be treated as a single qualified political advertisement. ``(7) Penalties.--For penalties for failure by online platforms, and persons requesting to purchase a qualified political advertisement on online platforms, to comply with the requirements of this subsection, see section 309.''. (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act and shall take effect without regard to whether or not the Federal Election Commission has promulgated the final regulations necessary to carry out this part and the amendments made by this part by the deadline set forth in subsection (c). (c) Rulemaking.--Not later than 120 days after the date of the enactment of this Act, the Federal Election Commission shall establish rules-- (1) requiring common data formats for the record required to be maintained under section 304(j) of the Federal Election Campaign Act of 1971 (as added by subsection (a)) so that all online platforms submit and maintain data online in a common, machine-readable and publicly accessible format; and (2) establishing search interface requirements relating to such record, including searches by candidate name, issue, purchaser, and date. (d) Reporting.--Not later than 2 years after the date of the enactment of this Act, and biannually thereafter, the Chairman of the Federal Election Commission shall submit a report to Congress on-- (1) matters relating to compliance with and the enforcement of the requirements of section 304(j) of the Federal Election Campaign Act of 1971, as added by subsection (a); (2) recommendations for any modifications to such section to assist in carrying out its purposes; and (3) identifying ways to bring transparency and accountability to political advertisements distributed online for free. SEC. 9. PREVENTING CONTRIBUTIONS, EXPENDITURES, INDEPENDENT EXPENDITURES, AND DISBURSEMENTS FOR ELECTIONEERING COMMUNICATIONS BY FOREIGN NATIONALS IN THE FORM OF ONLINE ADVERTISING. Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121) is amended by adding at the end the following new subsection: ``(c) Responsibilities of Broadcast Stations, Providers of Cable and Satellite Television, and Online Platforms.-- ``(1) In general.--Each television or radio broadcast station, provider of cable or satellite television, or online platform (as defined in section 304(j)(3)) shall make reasonable efforts to ensure that communications described in section 318(a) and made available by such station, provider, or platform are not purchased by a foreign national, directly or indirectly. ``(2) Regulations.--Not later than 1 year after the date of the enactment of this subsection, the Commission shall promulgate regulations on what constitutes reasonable efforts under paragraph (1).''. SEC. 10. REQUIRING ONLINE PLATFORMS TO DISPLAY NOTICES IDENTIFYING SPONSORS OF POLITICAL ADVERTISEMENTS AND TO ENSURE NOTICES CONTINUE TO BE PRESENT WHEN ADVERTISEMENTS ARE SHARED. (a) In General.--Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104), as amended by section 8(a), is amended by adding at the end the following new subsection: ``(k) Ensuring Display and Sharing of Sponsor Identification in Online Political Advertisements.-- ``(1) Requirement.--An online platform displaying a qualified political advertisement shall-- ``(A) display with the advertisement a visible notice identifying the sponsor of the advertisement (or, if it is not practical for the platform to display such a notice, a notice that the advertisement is sponsored by a person other than the platform); and ``(B) ensure that the notice will continue to be displayed if a viewer of the advertisement shares the advertisement with others on that platform. ``(2) Definitions.--In this subsection-- ``(A) the term `online platform' has the meaning given such term in subsection (j)(3); and ``(B) the term ``qualified political advertisement' has the meaning given such term in subsection (j)(4).''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendment. <all>

Honest Ads Act

A bill to enhance transparency and accountability for online political advertisements by requiring those who purchase and publish such ads to disclose information about the advertisements to the public, and for other purposes.

Honest Ads Act

Sen. Klobuchar, Amy

D

MN

H.R.1259

Immigration

Return Excessive Migrants and Asylees to International Neighbors in Mexico Act of 2021 or the REMAIN in Mexico Act of 2021 This bill requires the Department of Homeland Security (DHS) to implement the Migrant Protection Protocols as outlined in the January 25, 2019, memo titled Policy Guidance for Implementation of the Migrant Protection Protocols. (The protocols generally required aliens who are not clearly admissible, including those seeking asylum, arriving by land along the U.S.-Mexico border to be returned to Mexico while their immigration proceedings are pending, rather than remain in the United States. On January 21, 2021, DHS stopped applying the protocols to newly-arrived individuals.)

To direct the Secretary of Homeland Security to continue to implement the Migrant Protection Protocols, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Return Excessive Migrants and Asylees to International Neighbors in Mexico Act of 2021'' or the ``REMAIN in Mexico Act of 2021''. SEC. 2. MIGRANT PROTECTION PROTOCOLS. Notwithstanding any other provision of law, the Secretary of Homeland Security shall implement the Migrant Protection Protocols in accordance with the memorandum of Secretary of Homeland Security Nielsen entitled ``Policy Guidance for Implementation of the Migrant Protection Protocols'', dated January 25, 2019. <all>

REMAIN in Mexico Act of 2021

To direct the Secretary of Homeland Security to continue to implement the Migrant Protection Protocols, and for other purposes.

REMAIN in Mexico Act of 2021 Return Excessive Migrants and Asylees to International Neighbors in Mexico Act of 2021

Rep. Rosendale Sr., Matthew M.

R

MT

S.5252

Civil Rights and Liberties, Minority Issues

Right to Private Conduct Act of 2022 This bill provides statutory authority for the right of adults to engage in private, consensual sexual conduct with other adults.

To establish the right of adults to engage in private, non-commercial, consensual sexual conduct in the exercise of their liberty. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Right to Private Conduct Act of 2022''. SEC. 2. DEFINITION. In this Act, the term ``adult'' means an individual who has attained the lesser of-- (1) 18 years or age; or (2) the minimum age at which an individual may consent to sexual conduct under applicable State law. SEC. 3. PROTECTION OF THE RIGHT OF ADULTS TO ENGAGE IN PRIVATE, NON- COMMERCIAL, CONSENSUAL SEXUAL CONDUCT. (a) In General.--No person acting under color of law may-- (1) prevent an adult from engaging in private, non- commercial, consensual sexual conduct with another adult; (2) interfere with an adult engaging in private, non- commercial, consensual sexual conduct with another adult; or (3) intimidate, threaten, or retaliate against an adult because that adult has engaged or may engage in such conduct with another adult. (b) Enforcement.--For the purposes of violations under subsection (a), the enforcement mechanism provided for and available under the following shall apply: (1) Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983). (2) Section 241 of title 18, United States Code. (3) Section 242 of title 18, United States Code. (4) Section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12601). (c) Clarification.--Subsection (a) shall not apply to any law (including any regulation) prohibiting public sexual conduct, forced or non-consensual sexual conduct, or sexual conduct with a minor. SEC. 4. RULES OF CONSTRUCTION. (a) In General.--In interpreting the provisions of this Act, a court shall liberally construe such provisions to effectuate the purpose of ensuring the right of an adult to engage in private, non- commercial, consensual sexual conduct with another adult. (b) Other Laws.--Nothing in this Act shall be construed to invalidate, limit, or displace the rights, remedies, procedures, or legal standards available to individuals under Federal law, or to supersede State laws, that provide protections against discrimination beyond those provided in this Act. (c) Other Individuals Considered as Acting Under Color of Law.--Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation, prohibition, or requirement that violates section 3 of this Act shall be considered as acting under color of law for purposes of this Act. SEC. 5. SEVERABILITY. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby. <all>

Right to Private Conduct Act of 2022

A bill to establish the right of adults to engage in private, non-commercial, consensual sexual conduct in the exercise of their liberty.

Right to Private Conduct Act of 2022

Sen. Schatz, Brian

D

HI

H.R.5750

Health

Cady Housh and Gemesha Thomas Student Suicide Prevention Act of 2021 This bill reauthorizes through FY2028, and otherwise revises, grants administered by the Substance Abuse and Mental Health Services Administration (SAMHSA) to support youth suicide early-intervention and prevention strategies. Specifically, the bill requires SAMHSA to award a portion of such grants for statewide training programs on emotional well-being, mental health, and suicide awareness and prevention for elementary and secondary school students and staff.

To amend the Public Health Service Act to authorize certain grants (for youth suicide early intervention and prevention strategies) to be used for school personnel in elementary and secondary schools and students in secondary schools to receive student suicide awareness and prevention training, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cady Housh and Gemesha Thomas Student Suicide Prevention Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) In the last 12 years, suicide has been on the increase, moving up to the second leading cause of death for young people between the ages of 10 and 34 with about 157,000 youth treated at emergency departments for self-inflicted injuries. Between 2007 and 2018, the national suicide rate among persons ages 1 to 24 increased 57.4 percent. (2) According to the 2019 Youth Risk Behaviors Survey of the Centers for Disease Control and Prevention, 18.8 percent of high school students reported seriously considering suicide, and 8.9 percent reporting attempting to take their lives during that period. (3) Eighty percent of students show warning signs before attempting suicide. (4) Prevention and awareness training will equip individuals to become aware of the warning signs of suicide, identify students in crisis, and provide resources for help. (5) Research shows that inquiring about suicide ideation, or discussing suicide in terms of recognizing risk factors and prevention methods-- (A) does not increase the chance of suicide; and (B) in fact, can lower the risk of suicide. (6) Sexual minority youth (LGBTQ) are almost five times more likely to have attempted suicide compared to their heterosexual peers. In addition, 40 percent of LGBTQ youth seriously considered attempting suicide in the past 12 months, with more than half of transgender and nonbinary youth having seriously considered suicide. SEC. 3. SENSE OF CONGRESS. It is the sense of the Congress that-- (1) student suicide awareness, prevention training, and response materials should be available to all school personnel, including administrative personnel, teachers, counselors, and other school leaders; (2) States should give autonomy to each local educational agency to-- (A) adopt a policy with respect to student suicide awareness and prevention; and (B) work collaboratively with local organizations, youth mental health experts, health care providers, and the Secretary of Health and Human Services to implement training for school personnel and students, including by sharing and disseminating-- (i) training materials and resources; and (ii) information that is evidence-informed or promising on student suicide prevention; (3) the Secretary of Health and Human Services should identify the highest unmet needs, specifically with at-risk student populations, such as-- (A) minority students; (B) LBGTQ+ identifying students; (C) students living with mental health conditions; (D) students living with substance use disorders; (E) students who have engaged in self-harm or have attempted suicide; and (F) students experiencing homelessness or out-of- home settings; (4) schools should offer these services to students in grades 9 through 12, with the support of organizations with demonstrated expertise in cultural competency, suicide awareness, response, and prevention training; (5) students who receive such training should not be taught to be counselors, but rather should be educated on how to-- (A) recognize signs of suicide and depression; (B) report these signs to appropriate staff; and (C) identify sources of care and support; and (6) schools should utilize school-based mental health professionals and other community partnerships. SEC. 4. STUDENT SUICIDE AWARENESS AND PREVENTION TRAINING. (a) Additional Authorized Use of Grant Funds.--Section 520E(a) of the Public Health Service Act (42 U.S.C. 290bb-36(a)) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) establish and implement a statewide policy requiring school personnel in elementary and secondary schools and students in secondary schools to complete student emotional well-being, mental health, and suicide awareness and prevention training in accordance with subsection (d).''. (b) Training Requirements.--Section 520E of the Public Health Service Act (42 U.S.C. 290bb-36(a)), as amended by subsection (a), is further amended-- (1) by redesignating subsections (d) through (m) as subsections (e) through (n), respectively; and (2) by inserting after subsection (c) the following: ``(d) Requirements for Student Suicide Awareness and Training Programs.-- ``(1) In general.--As a condition on receipt of funds under subsection (a)(6), an applicant shall agree to use the funds to establish or implement a statewide policy-- ``(A) requiring school personnel in elementary and secondary schools and students in secondary schools to complete student emotional well-being, mental health, and suicide awareness and prevention training that-- ``(i) includes at least one classroom session each school year; ``(ii) is evidence-informed; and ``(iii) includes training on-- ``(I) the warning signs of, and elevated risk factors for, poor emotional well-being, mental health issues, and suicide of oneself and of others; ``(II) suggested responses to such warning signs; ``(III) further suicide awareness and prevention resources; and ``(IV) the method and manner of making an appropriate referral to a school-based mental health services provider; and ``(B) requiring, with respect to such school personnel, that such training include training on-- ``(i) cultural competency and intersectionality sensitivity; and ``(ii) an overview of applicable Federal, State, and local law concerning reporting requirements. ``(2) Definitions.--As used in subsection (a)(6) and this subsection: ``(A) The term `evidence-informed' means informed by practices that-- ``(i) use the best available research and practice knowledge to guide program design and implementation; ``(ii) allow for innovation while incorporating the lessons learned from the existing research literature; and ``(iii) are responsive to families' cultural backgrounds, community values, and individual preferences. ``(B) The term `school-based mental health services provider' includes a State-licensed or State-certified school counselor, school psychologist, school social worker, or other State-licensed or certified mental health professional qualified under State law to provide mental health services to children and adolescents. ``(C) The term `school personnel' means-- ``(i) principals or other heads of a school; other professional instructional staff (such as staff involved in curriculum development, staff development, or operating library, media, and computer centers); specialized instructional support personnel such as school counselors, school social workers, and school psychologists; and other qualified professional personnel, such as school nurses, speech language pathologists, and school librarians, involved in providing assessment, diagnosis, counseling, and educational, therapeutic, and other necessary services; and ``(ii) other school employees and contractors who interact with students, including bus drivers, cafeteria workers, coaches, janitorial staff, and after-school program employees.''. (c) Funding.--Subsection (n) of section 520E of the Public Health Service Act (42 U.S.C. 290bb-36), as redesignated by subsection (b)(2), is amended-- (1) by striking ``For the purpose'' and inserting the following: ``(1) In general.--For the purpose''; (2) by striking ``2022'' and inserting ``2028''; and (3) by adding at the end the following: ``(2) Allocation.--Of the amounts made available to carry out this section for a fiscal year, not less than 15 percent of such amounts shall be used for grants or cooperative agreements to carry out subsection (a)(6) (to establish and implement a statewide policy requiring school personnel in elementary and secondary schools and students in secondary schools to complete student emotional well-being, mental health, and suicide awareness and prevention training).''. <all>

Cady Housh and Gemesha Thomas Student Suicide Prevention Act of 2021

To amend the Public Health Service Act to authorize certain grants (for youth suicide early intervention and prevention strategies) to be used for school personnel in elementary and secondary schools and students in secondary schools to receive student suicide awareness and prevention training, and for other purposes.

Cady Housh and Gemesha Thomas Student Suicide Prevention Act of 2021

Rep. Cleaver, Emanuel

D

MO

S.731

Armed Forces and National Security

Department of Veterans Affairs Information Technology Reform Act of 2021 This bill addresses the management and implementation of information technology projects and investments of the Department of Veterans Affairs (VA). Specifically, the bill prohibits the VA from obligating or expending funds for any major information technology project that begins after the date of enactment of this bill unless a report is submitted that includes information on the cost, schedule, and performance of the project. The information in the report must be used as a baseline against which changes or variances are measured and reported on during the life cycle of the project. Projects must be managed by an interdisciplinary team that includes a certified project manager, a functional lead, a technical lead, a contracting officer, and other appropriate personnel. The VA's Chief Information Officer must (1) exercise authority over the management, governance, and oversight processes relating to information technology of the VA's Financial Services Center; and (2) supervise the information technology employees and contractors of the center. The VA must ensure its annual budget justification materials include Finally, the VA must assess all of its information technology investments to determine the suitability for migration to a cloud computing service.

To amend title 38, United States Code, to improve the management of information technology projects and investments of the Department of Veterans Affairs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Information Technology Reform Act of 2021''. SEC. 2. MANAGEMENT OF MAJOR INFORMATION TECHNOLOGY PROJECTS. (a) In General.--Chapter 81 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER VI--INFORMATION TECHNOLOGY PROJECTS AND ACTIVITIES ``Sec. 8171. Definitions ``In this subchapter: ``(1) The term `appropriate congressional committees' means-- ``(A) the Committee on Veterans' Affairs and the Subcommittee on Military Construction, Veterans Affairs and Related Agencies of the Committee on Appropriations of the Senate; and ``(B) the Committee on Veterans' Affairs and the Subcommittee on Military Construction, Veterans Affairs and Related Agencies of the Committee on Appropriations of the House of Representatives. ``(2) The term `information technology' has the meaning given that term in section 11101 of title 40. ``(3) The term `information technology project' means a project or program of the Department (including a project or program of any element of the Department) for, or including, the acquisition or implementation of an information technology system. ``(4) The term `life cycle costs' means all direct and indirect costs to acquire, implement, operate, and maintain an information technology system. ``(5) The term `major information technology project' means an information technology project if-- ``(A) the project is designated-- ``(i) by the Secretary or the Chief Information Officer of the Department as a major information technology project; or ``(ii) by the Director of the Office of Management and Budget as a major information technology investment, as defined in section 11302 of title 40; ``(B) the dollar value of the project or program is estimated by the Secretary to exceed-- ``(i) $50,000,000 (as adjusted for inflation pursuant to section 1908 of title 41) for all project costs in a single fiscal year; ``(ii) $200,000,000 (as adjusted for inflation pursuant to section 1908 of title 41) for all project acquisition or implementation costs for the duration of the project; or ``(iii) $500,000,000 (as adjusted for inflation pursuant to section 1908 of title 41) for the total life cycle costs of the project; or ``(C) any increment of the project separately meets the requirements of subparagraphs (A) or (B). ``Sec. 8172. Management of major information technology projects ``(a) Cost, Schedule, and Performance Information.--(1) The Secretary may not obligate or expend funds for any major information technology project that begins after the date of the enactment of the Department of Veterans Affairs Information Technology Reform Act of 2021 unless the Secretary, acting through the Chief Information Officer of the Department, submits to the appropriate congressional committees a report containing information on the cost, schedule, and performance of such project. ``(2) Each report submitted under paragraph (1) for a project shall include, with respect to such project, the following: ``(A) An estimate of acquisition, implementation, and life cycle costs. ``(B) An intended implementation schedule indicating significant milestones, initial operating capability, and full operating capability or completion. ``(C) Key business, functional, and performance objectives. ``(b) Baseline.--(1) The Secretary shall use the information on the cost, schedule, and performance of a major information technology project included in the report under subsection (a) as the baseline against which changes or variances are measured during the life cycle of such project. ``(2) The Secretary shall-- ``(A) annually update the baseline of a major information technology project pursuant to subsection (c); and ``(B) include such updated baseline in the documents providing detailed information on the budget for the Department that the Secretary submits to Congress in conjunction with the President's budget submission pursuant to section 1105 of title 31. ``(c) Changes and Variances.--(1) Not later than 60 days after the date on which the Secretary identifies a change or variance described in paragraph (2) in the cost, schedule, or performance of a major information technology project, the Secretary, acting through the Chief Information Officer, shall submit to the appropriate congressional committees a notification of such change or variance, including a description and explanation for such change or variance. ``(2) A change or variance in the cost, schedule, or performance of a major information technology project described in this paragraph is-- ``(A) with respect to the acquisition, implementation, or life cycle cost of the project, or an increment therein, a change or variance that is 10 percent or greater compared to the baseline; ``(B) with respect to the schedule for achieving a significant milestone, initial operating capability, or final completion of the project, a change or variance that is 180 days or greater compared to the baseline; or ``(C) with respect to the performance, an instance where a key business, functional, or performance objective is not attained, or is not anticipated to be attained, in whole or in part. ``(d) Management.--The Secretary shall ensure that each major information technology project is managed by an interdisciplinary team consisting of the following: ``(1) A project manager who is-- ``(A) certified in project management at level three by the Department or the Department of Defense pursuant to section 1701a of title 10, or who holds an equivalent certification by a private sector project management certification organization, as determined appropriate by the Secretary; and ``(B) an employee of the Office of Information and Technology of the Department or an employee of an element of the Department at which the project originates. ``(2) A functional lead who is an employee of the element of the Department at which the project originates. ``(3) A technical lead who is an employee of the Office of Information and Technology of the Department. ``(4) A contracting officer. ``(5) Sufficient other project management, functional, technical, and procurement personnel as the Secretary determines appropriate. ``Sec. 8173. Information technology activities of the Financial Services Center ``(a) Management.--Consistent with sections 11302 and 11319 of title 40-- ``(1) the Chief Information Officer of the Department shall-- ``(A) exercise authority over the management, governance, and oversight processes relating to information technology of the Financial Services Center of the Department, or such successor office; and ``(B) supervise the information technology employees and contractors of the Financial Services Center; and ``(2) the Director of the Financial Services Center of the Department, or the head of such successor office, may not enter into a contract or other agreement for information technology or information technology services unless the contract or other agreement has been reviewed and approved by the Chief Information Officer. ``(b) Oversight.--The Chief Information Officer shall have oversight and operational authority over all information security practices of the Financial Services Center of the Department. ``Sec. 8174. Submission of annual reviews of information technology ``(a) In General.--The Secretary, acting through the Chief Information Officer of the Department, shall submit to the appropriate congressional committees each annual review of the information technology portfolio of the Department conducted pursuant to section 11319(d)(3) of title 40. ``(b) First Submission.--The first annual review submitted under subsection (a) shall include a copy of each previous annual review conducted under section 11319(d)(3) of title 40. ``Sec. 8175. Information technology matters to be included in budget justification materials for the Department ``(a) List of Information Technology Projects in Effect.--(1) The Secretary shall ensure that whenever the budget justification materials are submitted to Congress in support of the Department budget for a fiscal year (as submitted with the budget of the President for such fiscal year under section 1105(a) of title 31), such budget justification materials include a list of every information technology project currently in effect at the Department. ``(2) Each list included under paragraph (1) shall include, for each information technology project included in the list, the following: ``(A) The expenditures to date. ``(B) Planned expenditures for the upcoming fiscal year. ``(C) The scheduled completion date. ``(D) Any known deviation from the schedule, such as whether the information technology project is behind schedule. ``(E) The planned or actual functionality delivered. ``(b) Prioritized List of Unfunded Projects.--(1) In addition to the list included in the budget justification materials required by subsection (a), the Secretary shall ensure that the budget justification materials described in such subsection also include a prioritized list, in rank order, of every proposed project of the Department that is unfunded as of the time of the inclusion of the list under this paragraph. ``(2) In producing the list required by paragraph (1), the Secretary shall-- ``(A) ensure such list represents a ranking of all proposed projects that reflects the needs of all components of the Department; ``(B) produce one unified list for the entire Department that shows how the various proposed projects of each of the components of the Department rank in priority with the projects of the other components of the Department; and ``(C) ensure that the list-- ``(i) does not disaggregate and rank projects based on component of the Department; and ``(ii) does identify the component of the Department requesting the information technology project. ``(3)(A) In producing each list under paragraph (1), the Secretary shall prioritize and rank each information technology project based on an assessment of each of the following factors: ``(i) Tangible benefits to veterans created or produced by the information technology project. ``(ii) Operational or efficiency benefits to employees of the Department created or produced by the information technology project. ``(iii) The cost of the information technology project. ``(iv) The cost savings or cost avoidance yielded by the information technology project. ``(v) Time to completion of the information technology project. ``(vi) The difficulty of the information technology project, the likelihood the information technology project will be completed, or the risks associated with undertaking the information technology project. ``(vii) Such other factors as the Secretary considers appropriate. ``(B) The Secretary shall ensure that each list produced under paragraph (1) includes, for each information technology project included in the list, a brief description of the findings of the Secretary with respect to each assessment carried out by the Secretary for each factor for the information technology project under subparagraph (A). ``(c) Projected Funding Needs.--(1) In addition to the matters included under subsections (a) and (b), the Secretary shall ensure that the budget justification materials described in subsection (a) also include a projection of the one-year, five-year, and 10-year funding needs of the Department for information technology, disaggregated by major business line of the Department that requires the funding. ``(2) In addition to the projections under paragraph (1), the Secretary shall include a description of the following, with respect to each of the periods set forth in such paragraph, disaggregated by major business line of the Department: ``(A) The information technology infrastructure and equipment requirements. ``(B) The funding required for development. ``(C) The funding required for operations and maintenance. ``(D) The funding required by cybersecurity. ``(E) Such other categories of the information technology needs of the Department as the Secretary considers relevant and important. ``(d) Decommissioning of Information Technology Systems.--(1) In addition to the matters included under subsections (a), (b), and (c), the Secretary shall ensure that the budget justification materials described in subsection (a) also include information about the decommissioning of information technology systems and applications of the Department. ``(2) Information included under paragraph (1) shall include the following: ``(A) A list of information systems and applications of the Department that have been scheduled for decommissioning or the Secretary proposes decommissioning. ``(B) For each information technology system and application listed under subparagraph (A), the following: ``(i) The cost of maintaining the information technology system or application. ``(ii) A projection of the cost avoided if the information technology system or application were to be decommissioned. ``(iii) A schedule for decommissioning the information technology system or application. ``(iv) Whether a transition plan for the functionality of the information technology system or application to be provided, when appropriate, by other information technology systems or applications of the Department has been developed. ``(v) Performance data regarding whether the Department has decommissioned the information technology system or application that was set forth under clause (iii) in the budget justification materials for the previous fiscal year.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following: ``subchapter vi--information technology projects and activities ``Sec. 8171. Definitions. ``Sec. 8172. Management of major information technology projects. ``Sec. 8173. Information technology activities of the Financial Services Center. ``Sec. 8174. Submission of annual reviews of information technology. ``Sec. 8175. Information technology matters to be included in budget justification materials for the Department.''. (c) Application; Report.-- (1) Current and new projects.--Except as specifically provided in subsection (a) of section 8172 of title 38, United States Code, as added by subsection (a) of this section, such section 8172 shall apply with respect to major information technology projects that begin before, on, or after the date of the enactment of this Act. (2) Report on current projects.-- (A) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate congressional committees a report on each major information technology project that the Secretary is carrying out as of the date of the report. (B) Contents.--The report submitted under subparagraph (A) shall contain, with respect to each project described in such subparagraph, information on the cost, schedule, and performance of the project as described in subsection (a) of section 8172 of such title, as so added. (3) Definitions.--In this subsection, the terms ``appropriate congressional committees'' and ``major information technology project'' have the meanings given those terms in section 8171 of title 38, United States Code, as added by subsection (a) of this section. (d) Effective Date of Requirement for Projects in Budget Justification Materials.--Subsection (c) of section 8175 of such title, as added by subsection (a) of this section, shall take effect on the first Monday in the second January beginning after the date of the enactment of this Act. (e) Effective Date of Decommissioning Performance Element of Budget Justification Materials.--Clause (v) of section 8175(d)(2)(B) of such title, as added by subsection (a) of this section, shall take effect on the first Monday in the second January beginning after the date of the enactment of this Act. SEC. 3. ASSESSMENT OF SUITABILITY OF CLOUD MIGRATION INVESTMENTS. (a) Assessment.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, acting through the Chief Information Officer of the Department of Veterans Affairs, shall conduct an assessment, in accordance with guidance from the Office of Management and Budget, of all information technology investments of the Department of Veterans Affairs to determine the suitability of the investments for migration to a cloud computing service. (b) Consistent Mechanism.--The Secretary, acting through the Chief Information Officer, shall establish a consistent and repeatable mechanism to track savings and cost avoidances from-- (1) the migration of information technology investments to cloud computing services; and (2) the deployment of cloud computing services. SEC. 4. REPORT ON INFORMATION TECHNOLOGY DASHBOARD INFORMATION. (a) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, acting through the Chief Information Officer of the Department of Veterans Affairs, shall submit to the appropriate congressional committees a report containing-- (1) an explanation of the ratings, rankings, and risk categorizations used by the Chief Information Officer pursuant to subparagraph (C) of section 11302(c)(3) of title 40, United States Code, with respect to the information technology dashboard of the Office of Management and Budget developed under such section; and (2) copies of supporting or explanatory information provided by the Chief Information Officer to the Office of Management and Budget with respect to submissions by the Chief Information Officer to the information technology dashboard for the fiscal year in which the report is submitted (other than information not otherwise made public pursuant to such section). (b) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' has the meaning given such term in section 8171 of title 38, United States Code, as added by section 2. <all>

Department of Veterans Affairs Information Technology Reform Act of 2021

A bill to amend title 38, United States Code, to improve the management of information technology projects and investments of the Department of Veterans Affairs, and for other purposes.

Department of Veterans Affairs Information Technology Reform Act of 2021

Sen. Tester, Jon

D

MT

S.1578

Health

Mental Health Professionals Workforce Shortage Loan Repayment Act of 2021 This bill requires the Health Resources and Services Administration to establish a loan repayment program for mental health professionals who work in designated workforce-shortage areas.

To amend the Public Health Service Act to authorize a loan repayment program for mental health professionals to relieve workforce shortages, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Mental Health Professionals Workforce Shortage Loan Repayment Act of 2021''. SEC. 2. LOAN REPAYMENT PROGRAM FOR MENTAL HEALTH PROFESSIONALS IN SHORTAGE. Title VII of the Public Health Service Act is amended-- (1) by redesignating part G (42 U.S.C. 295j et seq.) as part H; and (2) by inserting after part F (42 U.S.C. 294n et seq.) the following: ``PART G--MENTAL HEALTH PROFESSIONALS IN WORKFORCE SHORTAGE ``SEC. 783. LOAN REPAYMENT PROGRAM FOR MENTAL HEALTH PROFESSIONALS IN WORKFORCE SHORTAGES. ``(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 individuals 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 complete a period of service in a mental health professional shortage area. ``(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), \1/6\ 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 sixth 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 in mental health or a related field leading to a master's degree, leading to a doctoral degree, or consisting of post-doctoral study. ``(2) Any Federal Direct Stafford Loan, Federal Direct PLUS Loan, or 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). ``(3) Any Federal Perkins Loan under part E of title I of the Higher Education Act of 1965. ``(4) Any other Federal loan as determined appropriate by the Secretary. ``(d) Period of Service.--The period of service required by an agreement under subsection (a) shall consist of up to 6 years of full- time employment, with no more than one year passing between any two years of covered employment, as a mental health professional in the United States in a mental health professional shortage area. ``(e) 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 subsection; 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. ``(f) 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. ``(g) 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 (h) of any criteria and rules so established. ``(h) Report to Congress.--Not later than 5 years after the date of enactment of the Mental Health Professionals Workforce Shortage Loan Repayment Act of 2021, 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 and location of borrowers who have qualified for loan repayments under this section; and ``(2) the impact of this section on the availability of mental health services in mental health professional shortage areas. ``(i) Definition.--In this section: ``(1) The term `mental health professional' means a full- time job (including a fellowship) where the primary intent and function of the job is the direct treatment or recovery support of patients with or in recovery from a mental health disorder, such as a physician (MD or DO), psychiatric nurse, social worker, marriage and family therapist, mental health counselor, occupational therapist, psychologist, psychiatrist, child and adolescent psychiatrist, or neurologist. ``(2) The term `mental health professional shortage area' means-- ``(A) an area designated under section 332 with respect to a shortage of mental health professionals; or ``(B) any facility, program, center, or clinic as determined appropriate by the Secretary for purposes of this section because of a shortage of mental health professionals, including private physician practices and other medical facilities designated under section 332(a) as having such a shortage. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2022 through 2031.''. <all>

Mental Health Professionals Workforce Shortage Loan Repayment Act of 2021

A bill to amend the Public Health Service Act to authorize a loan repayment program for mental health professionals to relieve workforce shortages, and for other purposes.

Mental Health Professionals Workforce Shortage Loan Repayment Act of 2021

Sen. Smith, Tina

D

MN

H.R.3557

Immigration

Homeland Security Improvement Act This bill establishes various bodies and policies related to border security operations. It also limits when the Department of Homeland Security (DHS) may separate a child from a parent or legal guardian. The bill establishes the independent DHS Border Oversight Commission. The commission's duties shall include recommending policies to protect civil rights and improve the safety of U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) officers. The bill establishes the Office of the Ombudsman for Border and Immigration Related Concerns. The office shall independently receive and resolve complaints and requests for assistance regarding border security and immigration activities. The office shall have the power to provide redress, including immigration relief and monetary damages. The bill establishes the Border Community Liaison Office. The office's duties include consulting with communities in sectors on the northern and southern borders when developing policies and programs. DHS must ensure CBP officers receive continual education and training each year on topics including interaction with vulnerable populations and professional conduct standards. The bill imposes data collection requirements on law enforcement officials conducting border and immigration-related stops and searches. A child may not be removed from a parent or legal guardian at or near a port of entry or within 100 miles of the border except in certain instances, such as when a court determines that removal of the child is in the child's best interests. The bill requires various reports, including a Government Accountability Office report on the use of force by CBP and ICE.

To increase transparency, accountability, and community engagement within the Department of Homeland Security, provide independent oversight of border security activities, improve training for agents and officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland Security Improvement Act''. SEC. 2. STAKEHOLDER AND COMMUNITY ENGAGEMENT. (a) Department of Homeland Security Border Oversight Commission.-- (1) Establishment.--There is established an independent commission, which shall be known as the ``Department of Homeland Security Border Oversight Commission'' (in this Act referred to as the ``Commission''). (2) Organization.-- (A) Leadership.--The Commission shall be led by a Chair and Vice Chair. (B) Membership.-- (i) In general.--The Commission shall be composed of 30 members, recommended by Congress, in consultation with the President, who have expertise in migration, local crime indices, civil and human rights, community relations, cross-border trade and commerce, quality of life indicators, or other pertinent experience, of whom-- (I) 13 members shall be from the northern border region and shall include-- (aa) two local government elected officials; (bb) two local law enforcement officials; (cc) two civil rights advocates; (dd) one business representative; (ee) one higher education representative; (ff) one representative of a faith community; (gg) two representatives of the U.S. Border Patrol; and (hh) two tribal officials; and (II) 17 members shall be from the southern border region and shall include-- (aa) three local government elected officials; (bb) three local law enforcement officials; (cc) three civil rights advocates; (dd) two business representatives; (ee) one higher education representative; (ff) one representative of a faith community; (gg) two representatives of the U.S. Border Patrol; and (hh) two tribal officials. (ii) Chair, vice chair.--The members of the Commission shall elect a Chair and a Vice Chair from among its members by a majority vote of at least 16 members. (iii) Terms of service.--The Chair and Vice Chair of the Commission shall serve for terms of four years. Members of the Commission shall serve for terms of four years. (iv) Appointment deadline.--Members of the Commission shall be appointed not later than 180 days after the date of the enactment of this Act. (3) Meetings.-- (A) Commission.--The Commission shall meet at least semiannually, and may convene additional meetings as necessary. (B) Subcommittees.--The northern border and southern border subcommittees shall meet at least quarterly, and may convene additional meetings as necessary. (4) Duties.--The Commission, and the northern border and southern border subcommittees, shall-- (A) develop recommendations for improvements regarding border enforcement policies, strategies, and programs that take into consideration their impact on border communities; (B) evaluate policies, strategies, and programs of Federal agencies operating along the northern and southern borders to-- (i) protect-- (I) due process; (II) the civil and human rights of border residents and visitors; and (III) private property rights of land owners; (ii) reduce the number of migrant deaths; and (iii) improve the safety of agents and officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement; (C) develop recommendations for improvements regarding the safety of agents and officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement when such agents and officers are in the field; and (D) evaluate training, including establishing training courses related to management and leadership skills for supervisors in each U.S. Border Patrol sector, at each port of entry on the northern and southern borders, and at each U.S. Immigration and Customs Enforcement field office and the extent to which supervisory and management personnel practices at U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement encourage and facilitate workforce development for agents and officers, promote agent and officer field safety, and post-FLETC training of border enforcement personnel in accordance with section 6. (5) Additional responsibilities.-- (A) In general.--In carrying out the duties specified in paragraph (5), the Commission shall take into consideration any recommendations and evaluations agreed upon by the northern border and southern border subcommittees. (B) Subcommittee reports.--The northern border and southern border subcommittees shall annually submit to the Chair and Vice Chair of the Commission a publicly available report containing the recommendations and evaluations of the subcommittees pursuant to paragraph (5). (6) Prohibition on compensation.--Members of the Commission and the northern border and southern border subcommittees may not receive pay, allowances, or benefits from the Government by reason of their service on the Commission or the subcommittees. (b) Hearings and Evidence.--The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act hold such hearings, and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Commission or such designated subcommittee or designated member determines necessary to carry out its duties under subsection (a)(5). (c) Savings Provision.--Nothing in this Act may be construed as affecting in any manner the investigative and disciplinary procedures of U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, or the Department of Homeland Security with respect to agents and officers of U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement. (d) Reports.-- (1) Annual reports.--The Commission shall annually submit to the Secretary of Homeland Security a publicly available report containing information on the activities, findings, and recommendations of the Commission, including the northern border and southern border subcommittees, for the preceding year. (2) Congressional notification.--The Secretary of Homeland Security shall brief the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate on each report required under paragraph (1). SEC. 3. ESTABLISHMENT OF THE OFFICE OF THE OMBUDSMAN FOR BORDER AND IMMIGRATION RELATED CONCERNS. (a) In General.--Section 452 of the Homeland Security Act of 2002 (6 U.S.C. 272) is amended to read as follows: ``SEC. 452. OMBUDSMAN FOR BORDER AND IMMIGRATION RELATED CONCERNS. ``(a) In General.--There shall be within the Department an Ombudsman for Border and Immigration Related Concerns (in this section referred to as the `Ombudsman'). The individual appointed as Ombudsman shall have a background in immigration or civil liberties law or law enforcement. The Ombudsman shall report directly to the Secretary. ``(b) Organizational Independence.--The Secretary shall take appropriate action to ensure the independence of the Ombudsman's office from other officers or employees of the Department engaged in border security or immigration activities. ``(c) Staffing.--The Secretary shall take appropriate action to ensure that the Ombudsman's office is sufficiently staffed and resourced to carry out its duties effectively and efficiently. ``(d) Functions.--The functions of the Ombudsman shall be as follows: ``(1) To establish an independent, neutral, and appropriately confidential process to receive, investigate, resolve, and provide redress, including immigration relief, monetary damages, or any other action determined appropriate, for complaints, grievances, or requests for assistance from individuals, associations, and employers regarding the border security and immigration activities of the Department. ``(2) To conduct inspections of the facilities, including privately-owned or operated contract facilities, of U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and United States Citizenship and Immigration Services. ``(3) To assist individuals and families who have been victims of crimes committed by aliens unlawfully present in the United States or of violence near the United States border, and individuals and families impacted by situations in which the Department has exercised force against an individual, including by use of a firearm, taser, explosive device, chemical agent, baton, projectile, blunt instrument, body part, canine, or vehicle. ``(4) To identify areas in which individuals, associations, and employers have identified concerns with respect to interacting with U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, or United States Citizenship and Immigration Services. ``(5) To propose changes in the administrative practices of U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and United States Citizenship and Immigration Services to mitigate problems identified under this section. ``(6) To review, examine, and make recommendations regarding the border security and immigration and enforcement activities of U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and United States Citizenship and Immigration Services. ``(7) To establish a uniform and standardized complaint process regarding complaints against any individual employed by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement for violations of standards of professional conduct. Such complaint process shall have the following components: ``(A) Require that all complaints receive an independent review and investigation completed not later than one year from the date of receipt of each such complaint. ``(B) Require that complainants receive written confirmation of receipt of their complaints not later than 60 days from the date of receipt of each such complaint, and a written summary regarding the outcome of such complaints not later than 30 days after the review and investigation under subparagraph (A) is complete, including findings of fact, recommended action, and available redress. ``(C) Feature a centralized multilingual online complaint form that includes street address, toll-free telephone number, and electronic mailbox address to permit an individual to file an immigration or border- related complaint and submit supporting evidence through the portal of choice of any such individual. Multilingual information relating to such form shall be visible at ports of entry and at U.S. Border Patrol interior checkpoints. ``(D) Include procedures for referring complaints to the Office for Civil Rights and Civil Liberties, Office of the Inspector General, or other appropriate agency of the Department. ``(E) Establish a publicly accessible national, standardized database capable of tracking and analyzing complaints and their resolution. ``(F) Provide publicly accessible records, with copies of complaints, and their resolutions permanently preserved and available for inspection, while maintaining the confidentiality of complainants' identities. ``(8) To establish an online detainee locator system for individuals held in U.S. Customs and Border Protection custody. ``(e) Other Responsibilities.--In addition to the functions specified in subsection (d), the Ombudsman shall-- ``(1) monitor the coverage and geographic allocation of local offices of the Ombudsman, including appointing local ombudsmen for border and immigration related concerns; ``(2) evaluate and take personnel actions (including dismissal) with respect to any employee of the Ombudsman; ``(3) recommend disciplinary action, including contract termination, suspension, and debarment, or termination, suspension, and sanctions, to the appropriate departmental entity regarding any contractor proven to have violated departmental policies or procedures while executing any border security or immigration activity; ``(4) refer to the Inspector General of the Department any complaints of the violation of departmental policies or procedures by any Department employee relating to border security or immigration activity; and ``(5) provide a complainant with a summary of the outcome of any action taken in response to a complaint, grievance, or request for assistance from such complainant, including any findings of fact, recommended action, and available redress. ``(f) Complainants.--The following shall apply to all complainants: ``(1) Any interested party, including a legal representative, may file a complaint through the complaint process established pursuant to subsection (d)(7). ``(2) Complainants and other individuals identified in a complaint shall be protected from retaliatory action by law enforcement or by any officer of the United States based on the content of such complaint, and no information contained in a complaint that is germane to such complaint may be used as evidence in any removal or criminal proceedings against the complainant or any individual identified in such complaint. ``(3) Neither the filing of a complaint nor the contents of a complaint shall in any way confer immunity or otherwise impact any removal or criminal proceedings against a complainant or an individual identified in such complaint. ``(4) No personally identifiable information related to an individual involved in a complaint which would result in identification of such individual may be published. ``(5) Complainants shall receive full assistance from the Department in filing complaints, including language assistance, accommodations for disabilities, and accurate and complete responses to their questions. ``(g) Request for Investigations.--The Ombudsman is authorized to request the Inspector General of the Department to conduct inspections, investigations, and audits related to subsections (d), (e), and (f). ``(h) Coordination With Department Components.-- ``(1) In general.--The Director of United States Citizenship and Immigration Services, the Assistant Secretary of U.S. Immigration and Customs Enforcement, and the Commissioner of U.S. Customs and Border Protection shall each establish procedures to provide formal responses to recommendations submitted to such officials by the Ombudsman within 60 days of receiving such recommendations. ``(2) Access to information.--The Secretary shall establish procedures to provide the Ombudsman access to all departmental records necessary to execute the responsibilities of the Ombudsman under subsection (d) or (e) not later than 60 days after a request from the Ombudsman for such information. ``(i) Public Outreach.--The Secretary shall-- ``(1) take all appropriate action to advise the public regarding the existence, duties, responsibilities, and grievance processes of the Ombudsman's office; and ``(2) shall promulgate regulations to ensure-- ``(A) the public's ability to file grievances with the Ombudsman's office electronically; and ``(B) that absent written permission of all affected parties, all documents submitted to the Ombudsman's office are used solely by the Ombudsman's office to advance the purposes described in this section. ``(j) Annual Reporting.--Not later than June 30 of each year beginning in the year after the date of the enactment of this subsection, the Ombudsman shall submit to the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate a report that includes the following: ``(1) The number and type of complaints received under this section, the demographics of complainants, the results of investigations, including violations of standards and any disciplinary actions taken, and an identification of any complaint patterns that could be prevented or reduced by policy training or practice changes. ``(2) An inventory of complaints referred to in paragraph (1) for which action has been taken and the time between receipt and resolution of each such complaint. ``(3) An inventory of complaints referred to in paragraph (1) for which action has not been taken after one year, the period during which each complaint has been open, and the reason for failure to resolve each such complaint. ``(4) Recommendations the Ombudsman has made to improve the services and responsiveness of United States Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement, and U.S. Customs and Border Protection, and any responses received from each such component or the Department regarding such recommendations. ``(5) Other information as the Ombudsman determines advisable. ``(k) Establishment of Border Communities Liaison Office.-- ``(1) In general.--The Ombudsman, in conjunction with the Office for Civil Rights and Civil Liberties of the Department, shall establish a Border Community Liaison Office (in this subsection referred to as the `Liaison Office') in each U.S. Border Patrol sector on the northern and southern borders. ``(2) Purposes.--Each Liaison Office under this subsection shall-- ``(A) foster cooperation between the U.S. Border Patrol, the Office of Field Operations of the Department, U.S. Immigration and Customs Enforcement, and border communities; ``(B) consult with border communities on the development of policies, directives, and programs of the U.S. Border Patrol, the Office of Field Operations, and U.S. Immigration and Customs Enforcement; and ``(C) receive feedback from border communities on the performance of the U.S. Border Patrol, the Office of Field Operations, and U.S. Immigration and Customs Enforcement. ``(3) Membership.--Each Liaison Office shall be comprised of equal representation from the border community and U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, including at least: ``(A) One member of the community in which each U.S. Border Patrol sector is located who has expertise in migration, local public safety, civil and human rights, the local community, or community relations. ``(B) One member of an Indian tribe (as such term is defined in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304(e)) or tribal organization. ``(C) One non-uniformed Border Patrol agent with significant experience working for the U.S. Border Patrol. ``(D) One non-uniformed CBP officer with significant experience working for U.S. Customs and Border Protection. ``(E) One Enforcement and Removal Operations (ERO) agent with significant experience working for U.S. Immigration and Customs Enforcement. ``(l) Report on the Impact of Border Enforcement Technologies and Operations on Border Communities.--Not later than 180 days after the date of the enactment of this subsection, the Secretary shall submit to the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate a report that assesses current efforts and technologies used at United States borders, and the impact on border communities of such efforts and technologies on civil rights, private property rights, privacy rights, and civil liberties. ``(m) GAO Report on the Extent of CBP Activities, Operations, and Claimed Authority.--Not later than one year after the date of the enactment of this subsection, the Comptroller General of the United States shall submit to the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate a report that assesses the following issues: ``(1) How far into the United States interior the current activities, operations (including checkpoints), and claimed authority of U.S. Customs and Border Protection extend. ``(2) The extent to which the area of activities, operations, and claimed authority referred to in paragraph (1) is necessary. ``(3) The effectiveness of U.S. Customs and Border Protection's interior enforcement and its impact on civil, constitutional, and private property rights.''. (b) Clerical Amendment.--The table of contents of the Homeland Security Act of 2002 is amended by amending the item relating to section 452 to read as follows: ``Sec. 452. Ombudsman for Border and Immigration Related Concerns.''. SEC. 4. TRAINING AND CONTINUING EDUCATION. (a) Mandatory Training and Continuing Education To Promote CBP Agent and Officer Safety and Professionalism.--The Secretary of Homeland Security shall establish policies and guidelines to ensure that every agent and officer of U.S. Customs and Border Protection receives a minimum of 19 weeks of training that are directly related to the mission of the U.S. Border Patrol and the Office of Field Operations of the Department of Homeland Security before the initial assignment of such agents and officers, and eight hours of training and continuing education annually thereafter. Such training and continuing education shall be conducted by attorneys who have experience with the Fourth Amendment to the Constitution, including appropriate application of the use of force by agents and officers of U.S. Customs and Border Protection. Such attorneys shall be members of the Department of Homeland Security's Office of General Counsel, and all instruction provided shall be in alignment with curriculum developed and endorsed by FLETC. (b) FLETC.--The Secretary of Homeland Security shall establish policies and guidelines governing training with FLETC and continuing education of agents and officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement regarding border awareness, accountability, and oversight. Such training with FLETC shall include individual courses for each of the following issues: (1) Community relations, including the following: (A) Best practices in community policing. (B) Policies limiting location of enforcement and cooperation with local law enforcement. (C) Best practices in responding to grievances and how to refer complaints to the Ombudsman for Border and Immigration Related Concerns in accordance with section 452 of the Homeland Security Act of 2002, as amended by section 3 of this Act. (2) Interdiction, including the following: (A) Instruction on formal and proper command language. (B) Situational awareness of what language is appropriate. (C) Legal application of use of force policies and guidelines. (D) Policies and training scenarios necessary to ensure the agent or officer and the community is safe when intervening in situations in urban areas, including-- (i) scenario-based training and guidelines; and (ii) non-lethal force training and certification on at least one non-lethal force instrument, including tasers. (E) Policies necessary to ensure the agent or officer and the community is safe when intervening in situations in rural and remote locations. (3) Vulnerable populations, including instruction on screening, identifying, and responding to vulnerable populations, such as children, victims of human trafficking, and the acutely ill. (4) Cultural and societal issues, including the following: (A) Understanding of the diversity of immigrant communities. (B) Language and basic cultural awareness of major migrant-sending countries. (C) Natural resource protection and environmental policies along the border. (D) Privacy considerations regarding border-related technologies. (E) History and ethics of asylum law. (5) Standards of professional conduct, including the following: (A) Lawful use of force. (B) Complying with chain of command and lawful orders. (C) Conduct and ethical behavior toward the public in a civil and professional manner. (D) Respect for civil rights and protection of the well-being of individuals. (E) Non-racially biased questioning. (F) De-escalation tactics and alternatives to use of force. (c) Supervisor Training.--In addition to the training and continuing education required under subsections (a) and (b), the Secretary of Homeland Security shall establish policies and guidelines governing the continuing education of agents and officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement who attain a supervisory or management position. Such training and continuing education shall include the following: (1) Instruction relating to management and leadership best practices. (2) Refresher instruction or in-service training relating to legal application of use of force policies and guidelines, intervention, community relations, and professional conduct. (3) Mitigation training to identify, diagnose, and address issues within such supervisory and management roles. (d) Review Process.--The Secretary of Homeland Security shall establish a review process to ensure that port supervisors and managers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, as the case may be, are evaluated annually on their actions and standards of conduct, and on the actions, situational and educational development, and standards of conduct of their staffs. (e) Continuing Education.-- (1) In general.--The Secretary of Homeland Security shall annually require all agents and officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement who are required to undergo training under subsections (a) through (c) to participate in continuing education to maintain and update understanding of Federal legal rulings, court decisions, and Department of Homeland Security policies, procedures, and guidelines related to the subject matters described in such subsections. (2) Constitutional authority subject matter.--Continuing education under this subsection shall include a course on protecting the civil, constitutional, human, and privacy rights of individuals, with special emphasis on the scope of enforcement authority, including chain of evidence practices and document seizure, and use of force policies available to agents and officers. (3) Additional subject matters.--Continuing education under this subsection shall also include a course on the following: (A) Scope of authority to conduct immigration enforcement activities, including interviews, interrogations, stops, searches, arrests, and detentions, in addition to identifying and detecting fraudulent documents. (B) Identifying, screening, and responsibility for vulnerable populations, such as children and victims of trafficking. (C) Cultural and societal issues, including understanding of the diversity of immigrant communities, language and basic cultural awareness of major migrant-sending countries, and natural resource protection and environmental policies along the border. (4) Administration.--Courses offered as part of continuing education under this subsection shall-- (A) be administered in consultation with FLETC by the individual U.S. Border Patrol sectors and the Office of Field Operations of the Department of Homeland Security in order to provide such sectors' field offices with flexibility to design or tailor such courses to the specific needs and conditions of each such sector and field office; and (B) be approved by the Secretary of Homeland Security before being offered to ensure that such courses satisfy the requirements for training under this section. (5) Rotation.--Courses offered as part of continuing education under this subsection shall include-- (A) a yearly course focusing on the curriculum described in paragraph (2); and (B) an additional course to be rotated on a three- year basis focusing on curriculum described in paragraph (3). (f) Assessment.--Not later than six years after the date of the enactment of this Act, the Comptroller General of the United States 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 report that assesses the training and education, including continuing education, required under this section. SEC. 5. MANAGEMENT OF PORTS OF ENTRY. (a) In General.--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 report that contains an assessment of the current standards and guidelines for managing ports of entry under the control of the Department of Homeland Security. Such assessment shall include information relating to the following: (1) Staffing levels and the need for additional staffing. (2) Rules governing the actions of Office of Field Operations agents. (3) Average delays for transit through air, land, and sea ports of entry. (4) An assessment of existing efforts and technologies used for border security, and the effect of the use of such efforts and technologies on facilitating trade at ports of entry and their impact on civil rights, private property rights, privacy rights, and civil liberties. (5) The economic impact of the policies and practices of CBP Agricultural Specialists and Office of Field Operations work. (6) Physical infrastructure and technological needs at ports of entry. (7) A plan for increasing the number of Border Patrol officers certified as EMTs. (8) An assessment for implementing body worn cameras for Border Patrol agents, including relating to storage and public availability of associated data. (b) Updates.--Based upon the information and assessment contained in the report required under subsection (a), the Secretary of Homeland Security shall establish updated guidelines and standards for managing ports of entry under the control of the Department of Homeland Security to address any identified needs or shortcomings at such ports of entry, including, if applicable, the following: (1) Increasing levels of staffing of CBP Agricultural Specialists at ports of entry at which delays hinder or negatively impact the local or national economies. (2) Increasing the use of or updating technology at ports of entry at which there are average delays of over two hours based on U.S. Customs and Border Protection data collected during the previous fiscal year. (3) Publishing rules on the handling of documents at ports of entry. (4) Establishing standards of conduct and demeanor when interacting with vulnerable populations, such as children and victims of human trafficking, and individuals with border crossing cards. (5) Establishing training courses relating to management and leadership skills for supervisors and managers at ports of entry. SEC. 6. REPORTING REQUIREMENTS. (a) Annual CBP Report on Mission and Personnel by Border Patrol Sector.--Not later than one year after the date of the enactment of this Act and annually thereafter, the Commissioner of U.S. Customs and Border Protection 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 report that includes the following for each Border Patrol sector: (1) An assessment of the most appropriate, practical, and cost effective means of defending the land borders of the United States against threats to security and illegal transit, including intelligence capacities, technology, equipment, personnel, and training needed to address security vulnerabilities. (2) An assessment of staffing needs for all border security functions, including an assessment of efforts to take into account asylum seekers, trafficking victims, unaccompanied children, and other vulnerable populations. (3) A description of the border security roles and missions of Federal, State, regional, local, and Tribal authorities, and recommendations regarding actions the Commissioner can carry out to improve coordination with such authorities to enable border security activities to be carried out in a more efficient and effective manner. (4) A description of ways to ensure that the free flow of travel and commerce is not diminished by efforts, activities, and programs aimed at securing the land borders of the United States. (5) An impact assessment of the loss of trade and commerce due to inadequate staffing at land ports of entry by U.S. Customs and Border Protection agents and officers. (b) Report on Migrant Deaths.-- (1) CBP and ice.--Not later than 180 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection and the Director of U.S. Immigration and Customs Enforcement shall jointly submit to the Comptroller General of the United States, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report relating to deaths occurring along the United States- Mexico border, including information on the following: (A) The number of documented migrant deaths. (B) A geographical breakdown of where such migrant deaths occur. (C) To the extent possible, the cause of death for each migrant. (D) The extent to which border technology, physical barriers, and enforcement programs have contributed to such migrant deaths. (E) A detailed description of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement programs or plans to reduce the number of migrant deaths along the border, including an assessment on the effectiveness of water supply sites and rescue beacons. (2) GAO.--Not later than 90 days after the submission of the report required under paragraph (1), the Comptroller General of the United States shall review such report to determine the following: (A) The validity of U.S. Customs and Border Protection's and U.S. Immigration and Customs Enforcement's statistical analysis of migrant deaths. (B) The extent to which U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement have adopted simple and low-cost measures, such as water supply sites and rescue beacons, to reduce the frequency of migrants deaths. (C) The extent to which U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement measures the effectiveness of its programs to address the frequency of migrant deaths. (D) The extent of data and information sharing and cooperation between U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, local and State law enforcement, foreign diplomatic and consular posts, and nongovernmental organizations to accurately identify deceased individuals and notify family members and compare information to missing persons registries. (c) GAO Report on Use of Force.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall examine the extent to which U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement have clarified use of force policies, including the following (and any recommendations related to the following): (A) The extent to which U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement have implemented new training tactics to improve use of force policies, including how the use of force policy conforms to Department of Homeland Security and Federal law enforcement best practices. (B) The extent to which U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement have identified additional or alternative weapons and equipment to improve agents' and officers' abilities to de-escalate confrontations, including protective gear. (C) Efforts to review and enhance current training and tactics related to use of force, and to implement reforms to ensure agents and officers are better equipped to assess and respond to threats. (D) The extent to which U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement have established a stakeholder engagement framework to better inform and enhance U.S. Customs and Border Protection's use of force training. (E) The extent to which U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement have established metrics to track the effectiveness of use of force training and to ensure the reporting of all uses of force for review to determine whether the force used was justified and whether it could have been avoided through different tactics or training, better supervision, different tools, adherence to policy, or changes in policy. (F) How U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement could implement best law enforcement practices to improve policies for transparent communication with family members of individuals injured or killed by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement agent's and officer's use of force, including updates on any pending investigations, and policies for timely notification of such injuries and deaths following such uses of force to the Commissioner of U.S. Customs and Border Protection or the Director of U.S. Immigration and Customs Enforcement (as the case may be), the Joint Intake Center of the Department of Homeland Security, the Office of Inspector General of the Department, the Office for Civil Rights and Civil Liberties of the Department, the Offices of Public Affairs of the Department, Congress, and the applicable consulates, if appropriate. (G) How recommendations and requests made by agents and officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement have been received, reviewed, and if possible implemented into U.S. Customs and Border Protection and Department of Homeland Security use of force policies and best practices. (H) The extent to which U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement electronically track personal searches and seizures of personal items at the border, and an assessment of how such information is used to inform U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement policies and procedures. (2) Implementation of gao findings.--The Secretary of Homeland Security shall direct the Commissioner of U.S. Customs and Border Protection and the Director of U.S. Immigration and Customs Enforcement to implement any recommendations contained in the report required under paragraph (1). If the Secretary does not so implement such recommendations, the Secretary 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 written notification explaining why such recommendations are not being so implemented. (d) GAO Report on Body Worn Cameras.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall assess the potential implementation by U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement of body worn cameras for all agents and officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, including relating to storage and public availability of associated data. SEC. 7. DEPARTMENT OF HOMELAND SECURITY ACCOUNTABILITY AND TRANSPARENCY. (a) Definitions.--In this section: (1) Border security.--The term ``border security'' means the prevention of unlawful entries into the United States, including entries by individuals, instruments of terrorism, narcotics, and other contraband. (2) Checkpoint.--The term ``checkpoint'' means a location-- (A) at which vehicles or individuals traveling through the location are stopped by a law enforcement official for the purposes of enforcement of United States laws and regulations; and (B) that is not located at a port of entry along an international border of the United States. (3) Law enforcement official.--The term ``law enforcement official'' means-- (A) an agent or officer of U.S. Customs and Border Protection; (B) an agent or officer of U.S. Immigration and Customs Enforcement; or (C) an officer or employee of a State, or a political subdivision of a State, who is carrying out the functions of an immigration officer pursuant to-- (i) an agreement entered into under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)); (ii) authorization under title IV of the Tariff Act of 1930 (19 U.S.C. 1401 et seq.); or (iii) any other agreement with the Department of Homeland Security, including any Federal grant program. (4) Patrol stop.--The term ``patrol stop'' means search, seizure, or interrogation of a motorist, passenger, or pedestrian initiated anywhere except as part of an inspection at a port of entry or a primary inspection at a checkpoint. (5) Primary inspection.--The term ``primary inspection'' means an initial inspection of a vehicle or individual at a checkpoint. (6) Secondary inspection.--The term ``secondary inspection'' means a further inspection of a vehicle or individual that is conducted following a primary inspection. (b) Data Collection by Law Enforcement Officials Enforcing United States Laws and Regulations and Making Border Security Stops.-- (1) Requirement for data collection regarding stops and searches.--A law enforcement official who initiates a patrol stop or who detains any individual beyond a brief and limited inquiry, such as a primary inspection at a checkpoint, shall record-- (A) the date, time, and location of the contact; (B) the law enforcement official's basis for, or circumstances surrounding, the contact, including if such individual's perceived race or ethnicity contributed to the basis for, and circumstances surrounding, the contact; (C) the identifying characteristics of such individual, including the individual's perceived race, gender, ethnicity, and approximate age; (D) the duration of the stop, detention, or search, whether consent was requested and obtained for the contact, including any search; (E) a description of any articulable facts and behavior by the individual that justify initiating the contact or probable cause to justify any search pursuant to such contact; (F) a description of any items seized during such search, including contraband or money, and a specification of the type of search conducted; (G) whether any arrest, detention, warning, or citation resulted from such contact and the basis for such action; (H) the immigration status of the individual, if obtained during the ordinary course of the contact without additional questioning in accordance with this section, and whether removal proceedings were subsequently initiated against the individual; (I) whether a body-worn camera or any other video or audio recording exists that recorded the stop or detention; (J) whether force was used by the law enforcement official and, if so, the type of force, justification for using force, and whether the use of force resulted in injury or death; (K) whether any complaint was made by the individual subject to the contact, and if so-- (i) which oversight components within or outside of the Department of Homeland Security investigated the complaint; (ii) how long the investigation lasted; (iii) a description of the methods of investigation used; and (iv) the badge number of the law enforcement official involved in the complaint; (L) if the contact was initiated by a State or local law enforcement agency-- (i) the reason for involvement of a Federal law enforcement official; (ii) the duration of the contact prior to contact with any Federal law enforcement official; (iii) the method by which a Federal law enforcement official was informed of the stop; and (iv) whether the individual was being held by State or local officials on State criminal charges at the time of such contact; (M) if the contact was initiated by a State or local law enforcement agency of a State, whether such agency was acting pursuant to-- (i) an agreement entered into under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)); (ii) authorization under title IV of the Tariff Act of 1930 (19 U.S.C. 1401 et seq.); or (iii) pursuant to any other agreement with the Department of Homeland Security, including any Federal grant program; (N) if the contact involved an individual whose primary language of communication is not English, the means of communication used; (O) if the contact occurred at a location proximate to a place of worship or religious ceremony, school or education-related place or event, courthouse or other civic building providing services accessible to the public, hospital, medical treatment, or health care facility, at a public demonstration, or an attorney's office, including a public defender or legal aid office; and (P) if the contact occurred at a location described in subparagraph (O), why that location was chosen and any supervisory approval that was sought to carry out the contact at the location. (2) Requirement for u.s. customs and border protection data collection regarding checkpoints.--The Commissioner of U.S. Customs and Border Protection shall collect data on-- (A) the number of permanent and temporary checkpoints utilized by agents and officers of U.S. Customs and Border Protection; (B) the location of each such checkpoint; (C) the dates on which a temporary checkpoint was used; and (D) a description of each such checkpoint, including the presence of any other law enforcement agencies and the use of law enforcement resources, such as canines and surveillance technologies, including license plate readers. (3) Rulemaking.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with stakeholders, including research, civil, and human rights organizations, shall promulgate regulations relating to the collection and reporting of data required under paragraphs (1) and (2), which shall-- (A) specify all data to be reported; and (B) provide standards, definitions, and technical specifications to ensure uniform reporting. (4) Compilation of data.-- (A) Department of homeland security law enforcement officials.--The Secretary of Homeland Security shall compile-- (i) the data collected under paragraph (1) by agents and officers of U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection; (ii) the data collected under paragraph (2) by the Commissioner of U.S. Customs and Border Protection; and (iii) an analysis for all incidents investigated by the Department of Homeland Security's Office of Inspector General, U.S. Customs and Border Protection's Office of Professional Responsibility, or U.S. Immigration and Customs Enforcement's Office of Professional Responsibility to determine whether the data required to be collected under this Act were properly recorded and, if not, the corrective measures that were or will be taken. (B) Other law enforcement officials.--The head of each agency, department, or other entity that employs law enforcement officials other than agents and officers referred to in subparagraph (A) shall-- (i) compile the data collected by such law enforcement officials pursuant to paragraph (1); and (ii) submit the compiled data to the Secretary of Homeland Security. (5) Use of data.--The Secretary of Homeland Security shall consider the data compiled under paragraph (4) in making policy and program decisions. (6) Audit and report.--Not later than one year after the effective date of the regulations promulgated under paragraph (3), the Comptroller General of the United States shall-- (A) conduct an audit of the data compiled under paragraph (4) to determine whether law enforcement officials are complying with the data collection requirements under paragraph (1); and (B) submit to Congress a report that contains a summary of the findings of such audit. (c) Annual Report.-- (1) Requirement.--Not later than one year after the date of the enactment of this Act and annually thereafter, the Secretary of Homeland Security shall submit to Congress a report on the data compiled under subsection (b)(4), including all such data for the previous year. (2) Availability.--Each report submitted under paragraph (1) shall be made available to the public, except for particular data if the Secretary of Homeland Security-- (A) explicitly invokes an exemption contained in paragraphs (1) through (9) of section 552(b) of title 5, United States Code; and (B) provides a written explanation for the exemption's applicability. (3) Privacy.--The Secretary may not report unique personal identifying information of persons stopped, searched, or subjected to a property seizure, for purposes of this section. (4) Publication.--The data compiled under subsection (b)(4) shall be made available to the public to the extent the release of such data is permissible under Federal law. SEC. 8. LIMITATION ON THE SEPARATION OF FAMILIES. (a) Limitation.-- (1) In general.--An agent or officer of a designated agency shall be prohibited from removing a child from his or her parent or legal guardian, at or near the port of entry or within 100 miles of a border of the United States, unless one of the following has occurred: (A) A State court, authorized under State law, terminates the rights of the parent or legal guardian, determines that it is in the best interests of the child to be removed from the parent or legal guardian, in accordance with the Adoption and Safe Families Act of 1997 (Public Law 105-89), or makes any similar determination that is legally authorized under State law. (B) An official from the State or county child welfare agency with expertise in child trauma and development makes a best interests determination that it is in the best interests of the child to be removed from the parent or legal guardian because the child is in danger of abuse or neglect at the hands of the parent or legal guardian, or is a danger to herself or others. (2) Exception.--In the case that a child is removed from his or her parent or legal guardian under this section, an independent child welfare expert licensed by the State or county in which the child was so removed shall make a determination regarding whether such separation is authorized not later than 48 hours after such removal, and if such expert does not authorize such separation, the child shall be reunited with his or her parent or legal guardian not later than 48 hours after such determination. (b) Prohibition on Separation.-- (1) In general.--A designated agency may not remove a child from a parent or legal guardian solely for the policy goal of deterring individuals from migrating to the United States or for the policy goal of promoting compliance with civil immigration laws. (2) Penalty for family separation.--Any person who knowingly separates a child from his or her parent or legal guardian in violation of this section, shall be fined not more than $10,000. (c) Documentation Required.--The Secretary shall ensure that a separation under subsection (a)(3) is documented in writing and includes, at a minimum, the reason for such separation, together with the stated evidence for such separation. SEC. 9. ELECTRONIC TRACKING. (a) Establishment.--The Secretary of Homeland Security and the Secretary of Health and Human Services shall establish an electronic tracking system on a single interface, which-- (1) shall be accessible to agents and officials of U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and the Office of Refugee Resettlement; and (2) shall be used to track the location of a child who has been removed pursuant to section 8 and the parent or legal guardian of the child. (b) Tracking Number.--The Secretary of Homeland Security shall assign to a child who has been removed pursuant to section 8 and the parent or legal guardian of the child a tracking number that-- (1) is transferrable; (2) may be shared easily on the electronic tracking system described in subsection (a) by agents and officials of-- (A) U.S. Customs and Border Protection; (B) U.S. Immigration and Customs Enforcement; and (C) the Office of Refugee Resettlement; and (3) is included on the paperwork of the child and the parent or legal guardian of the child. (c) Contact Information.--The Secretary of Homeland Security and the Secretary of Health and Human Services shall advise a child who has been removed pursuant to section 8 and the parent or legal guardian of the child on the manner in which the child and the parent or legal guardian may be contacted during the term of the removal. SEC. 10. INDEPENDENCE OF IMMIGRATION JUDGES. Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report, which shall be published and made available to the public, on the feasibility of establishing an immigration court outside the executive branch composed of judges appointed for a fixed term with jurisdiction over cases arising out of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) or any other immigration law of the United States and the appeal of such cases, the impact that such an immigration court will have on the case backlog of immigration judges, barriers to the creation of such an immigration court, and recommendations for Congress. <all>

Homeland Security Improvement Act

To increase transparency, accountability, and community engagement within the Department of Homeland Security, provide independent oversight of border security activities, improve training for agents and officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, and for other purposes.

Homeland Security Improvement Act

Rep. Escobar, Veronica

D

TX

H.R.4908

Transportation and Public Works

Community Vehicle Charging Act of 2021 This bill establishes a grant program to expand access to electric vehicle infrastructure in communities that consist primarily of minority, low-income, or tribal populations that experience (or are at risk of experiencing) greater adverse human health or environmental effects than other populations. The Department of Transportation must award the grants to Grant funds may be used for projects that include (1) developing or implementing plans to install publicly available electric vehicle charging infrastructure, (2) supporting shared electric mobility and micro-mobility options (e.g., electric bicycles), and (3) providing electric vehicle chargers and funding for their installation to community residents.

To require the Secretary of Transportation to establish a grant program to increase the availability of electric vehicle charging infrastructure in environmental justice communities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Vehicle Charging Act of 2021''. SEC. 2. FINDINGS. Congress finds that-- (1) the transportation sector is the highest emitting sector of greenhouse gases in the United States; (2) transportation is a significant source of toxic air pollutants; (3) electrification is considered 1 of the most feasible and affordable opportunities to decarbonize transportation in the near-term, and thus reduce pollutants harmful to public health; (4) the adoption of electric vehicles is dependent on adequate access to electric vehicle charging infrastructure; (5) publicly available electric vehicle charging infrastructure has been distributed inequitably, and not all people of the United States have the ability to access electric vehicle charging infrastructure at home or at work; (6) range anxiety and a lack of access to electric vehicle charging infrastructure are significant barriers to the widespread adoption of electric vehicles; (7) access to electric vehicle charging infrastructure differs from proximity to electric vehicle charging infrastructure; (8) environmental justice communities face several barriers to accessing electric vehicles, electric vehicle charging infrastructure, and funding programs to install electric vehicle charging infrastructure, including-- (A) the high cost of, and a lack of knowledge about, electric vehicles; (B) the high cost of-- (i) level 2 electric vehicle charging infrastructure; and (ii) fast charging electric vehicle charging infrastructure; (C) a lack of awareness of the availability of-- (i) electric vehicle charging infrastructure; and (ii) funding programs to install electric vehicle charging infrastructure; (D) a lack of technical support and up-front funding for the installation of electric vehicle charging infrastructure; (E) a low level of homeownership in environmental justice communities; (F) the high percentage of individuals and families in environmental justice communities who reside in multi-unit dwellings; (G) linguistic isolation; and (H) the short timelines for electric vehicle charging infrastructure projects; and (9) effective programs for environmental justice communities to access electric vehicle charging infrastructure and funding programs for the installation of electric vehicle charging infrastructure need to be targeted to overcome the barriers described in paragraph (8). SEC. 3. DEFINITIONS. In this Act: (1) Community benefit agreement.--The term ``community benefit agreement'' means a contract between 1 or more community-based organizations representing residents of an environmental justice community and an eligible entity carrying out an eligible project to ensure that the eligible project creates-- (A) employment opportunities for local workers in the environmental justice community; and (B) other opportunities or benefits for the residents of the environmental justice community. (2) Electric vehicle.--The term ``electric vehicle'' means a vehicle that is powered primarily by an electric motor drawing current from rechargeable batteries, including battery electric vehicles and plug-in hybrid vehicles. (3) Electric vehicle make-ready infrastructure.--The term ``electric vehicle make-ready infrastructure'' means the electrical infrastructure needed to connect and serve electric vehicle charging infrastructure, including-- (A) raceway or conduit; (B) sufficient electrical panel service capacity; (C) overcurrent protection; (D) devices; (E) wire; and (F) suitable termination points, such as a junction box with a service loop. (4) Eligible entity.--The term ``eligible entity'' means each of the following: (A) A community-based organization. (B) A nonprofit organization. (C) A local, regional, State, or Tribal government. (D) A metropolitan planning organization. (E) Any other entity responsible for local transportation planning and transportation projects. (5) Eligible project.--The term ``eligible project'' means a project described in section 4(d) that is carried out in, and addresses the electric vehicle charging infrastructure needs of, an environmental justice community. (6) Environmental justice community.--The term ``environmental justice community'' means a community consisting primarily of minority, low-income, or Tribal populations that experience, or are at risk of experiencing, higher or more adverse human health or environmental effects as compared to other populations. (7) Secretary.--The term ``Secretary'' means the Secretary of Transportation. SEC. 4. ELECTRIC VEHICLE CHARGING INFRASTRUCTURE GRANT PROGRAM. (a) Establishment.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a grant program to provide grants to eligible entities for projects that address barriers to access to electric vehicle charging infrastructure faced by environmental justice communities. (b) Applications.--An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Requirements.--In carrying out the grant program established under subsection (a), the Secretary shall-- (1) use a public process to identify known barriers to access to electric vehicle charging infrastructure faced by environmental justice communities, including the barriers described in section 2(8); (2)(A) perform meaningful stakeholder outreach with community-based organizations, environmental justice groups, or other community members-- (i) to identify or design eligible projects; and (ii) to identify eligible entities to carry out those eligible projects through the use of a grant under this section; and (B) compensate the community-based organizations, environmental justice groups, and other community members that respond to that outreach and assist or otherwise participate in an activity described in clause (i) or (ii) of subparagraph (A); (3) provide to eligible entities in the application process and in project execution, including with respect to identifying private and utility partnerships-- (A) resources to conduct community-needs assessments; (B) resources for planning; (C) technical support; and (D) case management guidance; (4) design project timelines that-- (A) take into account stakeholder input; and (B) account for the additional time needed to complete eligible projects in environmental justice communities; (5) adopt project criteria-- (A) to reduce the risk of gentrification of, and displacement of individuals in, environmental justice communities as a result of an eligible project carried out using a grant provided under this section; (B) to increase community engagement throughout the duration of an eligible project; (C) to increase the involvement of community-based organizations and unionized labor, where possible, in selecting, designing, and carrying out eligible projects; (D) to prioritize investments directly into environmental justice communities; (E) to reduce air pollution and other impacts from vehicles with internal combustion engines in environmental justice communities; and (F) to encourage partnerships with utility or private electric vehicle make-ready infrastructure programs, as applicable; (6) aim to increase wealth in environmental justice communities-- (A) through community or public ownership of any assets of a completed eligible project that are installed or developed in carrying out that eligible project; (B) through the creation of employment opportunities for local workers in environmental justice communities; (C) by encouraging eligible entities receiving a grant under this section to enter into community benefit agreements; and (D) by encouraging participation by local small businesses, particularly minority- and women-owned small businesses; and (7) provide grant funds at the time of infrastructure purchase to each eligible entity that receives a grant under this section. (d) Eligible Projects.--An eligible entity that receives a grant under this section may use the grant funds for-- (1) projects that develop or implement a plan to install publicly available electric vehicle charging infrastructure, including-- (A) projects for the planning for, or installation of-- (i) electric vehicle charging infrastructure at grocery stores, convenience stores, markets, other retail establishments, existing fueling stations, local government facilities, or office buildings or other workplaces; (ii) fast charging hubs; (iii) on-street chargers; (iv) electric vehicle charging infrastructure at community land trust locations; and (v) electric vehicle charging infrastructure at public schools and parks; (B) projects for the incorporation of electric vehicle charging infrastructure or electric vehicle make-ready infrastructure into the construction of new buildings or other infrastructure; (C) projects to retrofit existing buildings, especially multi-unit dwellings, with electric vehicle charging infrastructure or electric vehicle make-ready infrastructure; (2) projects to support shared electric mobility and micromobility options, such as electric car, bike, and scooter share; (3) projects or rebate programs to provide an electric vehicle charger and funds for the installation of, and technical assistance relating to, that charger to any resident of an environmental justice community who-- (A) purchases an electric vehicle; and (B) has the ability to use residential electric vehicle charging infrastructure; (4) projects to develop and implement education programs that emphasize the economic, environmental, and public health advantages of using an electric vehicle, including-- (A) by providing information to residents of an environmental justice community on the usefulness of electric vehicles and electric car share systems via ride and drive events; (B) by developing electric vehicle dealership education programs; (C) by developing an electric vehicle educational curriculum for schools; and (D) by creating an electric vehicle information website and printed materials for distribution to individuals who lack internet access that may include-- (i) a guide to the makes and models of electric vehicles in multiple languages; (ii) information about the locations of publicly available electric vehicle charging infrastructure and directions to those locations; and (iii) free consulting services for potential buyers of an electric vehicle; (5) projects to transition existing vehicle fleets of States and units of regional and local government that are in use in environmental justice communities to electric vehicles; (6) projects to train the staff of municipalities and other units of regional and local government, including inspectors, on the use of electric vehicle charging infrastructure; and (7) any other project that, in the determination of the Secretary-- (A) addresses known barriers to access to electric vehicle charging infrastructure faced by environmental justice communities, including the barriers described in section 2(4); and (B) satisfies any other applicable requirement that the Secretary determines to be appropriate and consistent with the requirements described in subsection (c). (e) Report.--Not later than 1 year after the date on which the grant program under subsection (a) is established, and annually thereafter through fiscal year 2026, the Secretary shall submit to the Committees on Commerce, Science, and Transportation and Environment and Public Works of the Senate and the Committees on Energy and Commerce and Transportation and Infrastructure of the House of Representatives, and make publicly available on the website of the Department of Transportation, a report describing the eligible projects that received funding under the grant program and the outcomes of, and any issues encountered in carrying out, those eligible projects, including-- (1) the barriers identified pursuant to the public process described in subsection (c)(1); (2) the successes and failures of anti-displacement measures in those eligible projects; (3) the types of projects that achieved success based on established grant program metrics; (4) the types of projects that were most frequently pursued by eligible entities; (5) best practices and lessons learned from serving an environmental justice community; (6) a breakdown of grant funds used by-- (A) project type; and (B) environmental justice community served; (7) the quantity of electric vehicle charging infrastructure installed in environmental justice communities using funds made available under the grant program; (8) the frequency of use of publicly available electric vehicle charging infrastructure installed using funds made available under the grant program; (9) the number of electric vehicles purchased by residents of environmental justice communities in which electric vehicle charging infrastructure is installed using a grant provided under the grant program; (10) additional barriers to accessing electric vehicle charging infrastructure for residents of environmental justice communities; (11) any needed adjustments to project timelines to facilitate greater project success in environmental justice communities; (12) the number of jobs created and number of community members employed by eligible projects; and (13) any local air quality changes over time in communities where eligible projects are carried out. (f) Data Collection.-- (1) In general.--The Secretary shall work with the Secretary of Energy and the Administrator of the Energy Information Administration to collect data on the access to electric vehicle charging infrastructure in environmental justice communities, including-- (A) the distance from an average household in an environmental justice community to publicly available electric vehicle charging infrastructure; (B) the number and percentage of residents of each environmental justice community in which an eligible project was carried out using a grant provided under this section who have access to, and use, electric vehicle charging infrastructure that was installed in that environmental justice community using funds provided under the grant program; (C) to the maximum extent practicable, the number and percentage of residents of each environmental justice community described in subparagraph (B) who have access to, and use, electric vehicle charging infrastructure that-- (i) is located in the environmental justice community but was not installed using funds provided under the grant program; or (ii) is located in another community; and (D) to the maximum extent practicable, the number and percentage of residents of all environmental justice communities who have access to, and use, electric vehicle charging infrastructure that-- (i) is located in an environmental justice community and was installed using funds provided under the grant program; (ii) is located in an environmental justice community but was not installed using funds provided under the grant program; or (iii) is located in another community. (2) Public availability.--The data collected under paragraph (1) shall be made publicly available on the website of the Department of Transportation. (3) Report.--Not later than 1 year after the date on which the grant program under subsection (a) is established, and annually thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the data collection efforts under paragraph (1), the data collected under that paragraph, and any patterns, trends, or changes identified by the Secretary. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section, including for any administrative costs, $75,000,000 for each of fiscal years 2022 through 2026. <all>

Community Vehicle Charging Act of 2021

To require the Secretary of Transportation to establish a grant program to increase the availability of electric vehicle charging infrastructure in environmental justice communities, and for other purposes.

Community Vehicle Charging Act of 2021

Rep. Crow, Jason

D

CO

H.R.3528

Transportation and Public Works

Warren Cowles Grade Crossing Safety Act This bill authorizes appropriations for FY2022 to carry out highway-rail grade crossing improvement projects, specifically projects for commuter rail and operators in high-ridership corridors. The authorization level shall be adjusted for FY2023 and each subsequent fiscal year to account for changes in the Consumer Price Index.

To authorize appropriations for highway-rail grade crossing improvement projects. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Warren Cowles Grade Crossing Safety Act''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR HIGHWAY-RAIL GRADE CROSSING IMPROVEMENT PROJECTS. Section 22907 of title 49, United States Code, is amended-- (1) in subsection (c)(5), by inserting ``, including such a project for commuter rail and operators in high-ridership corridors'' before the period at the end; and (2) by adding at the end the following: ``(m) Authorization of Appropriations.-- ``(1) In general.--Notwithstanding section 22905(f), there are authorized to be appropriated for eligible projects described in subsection (c)(5) for commuter rail and operators in high-ridership corridors-- ``(A) for fiscal year 2022, $250,000,000; and ``(B) for fiscal year 2023 and each fiscal year thereafter, the amount described in paragraph (2). ``(2) Amount described.--The amount described in this paragraph for a fiscal year is $250,000,000, adjusted to reflect the percentage (if any) of the increase in the average of the Consumer Price Index for the preceding 12-month period compared to the Consumer Price Index for fiscal year 2021. ``(3) Consumer price index defined.--In this subsection, the term `Consumer Price Index' means the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.''. <all>

Warren Cowles Grade Crossing Safety Act

To authorize appropriations for highway-rail grade crossing improvement projects.

Warren Cowles Grade Crossing Safety Act

Rep. Neal, Richard E.

D

MA

H.R.4369

Health

National Centers of Excellence in Advanced and Continuous Pharmaceutical Manufacturing Act of 2021 This bill directs the Food and Drug Administration (FDA) to designate qualified institutions of higher education (or consortia of such institutions) as National Centers of Excellence in Advanced and Continuous Pharmaceutical Manufacturing and to provide grants to the centers. Each designated center must conduct research on advanced and continuous pharmaceutical manufacturing technologies and must share information from such research with the FDA. (Currently, most drug production involves batch manufacturing, which typically takes longer than continuous manufacturing processes.)

To amend the 21st Century Cures Act to provide for designation of institutions of higher education that provide research, data, and leadership on advanced and continuous pharmaceutical manufacturing as National Centers of Excellence in Advanced and Continuous Pharmaceutical Manufacturing, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Centers of Excellence in Advanced and Continuous Pharmaceutical Manufacturing Act of 2021''. SEC. 2. NATIONAL CENTERS OF EXCELLENCE IN ADVANCED AND CONTINUOUS PHARMACEUTICAL MANUFACTURING. (a) In General.--Section 3016 of the 21st Century Cures Act (21 U.S.C. 399h) is amended to read as follows: ``SEC. 3016. NATIONAL CENTERS OF EXCELLENCE IN ADVANCED AND CONTINUOUS PHARMACEUTICAL MANUFACTURING. ``(a) In General.--The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs-- ``(1) shall solicit and, beginning not later than one year after the date of enactment of the National Centers of Excellence in Advanced and Continuous Pharmaceutical Manufacturing Act of 2021, receive requests from institutions of higher education, or consortia of institutions of higher education, to be designated as a National Center of Excellence in Advanced and Continuous Pharmaceutical Manufacturing (in this section referred to as a `National Center of Excellence') to support the advancement, development, and implementation of advanced and continuous pharmaceutical manufacturing; and ``(2) shall so designate not more than 5 institutions of higher education or consortia of such institutions that-- ``(A) request such designation; and ``(B) meet the criteria specified in subsection (c). ``(b) Request for Designation.--A request for designation under subsection (a) shall be made to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Any such request shall include a description of how the institution of higher education, or consortium of institutions of higher education, meets or plans to meet each of the criteria specified in subsection (c). ``(c) Criteria for Designation Described.--The criteria specified in this subsection with respect to an institution of higher education, or consortium of institutions of higher education, are that the institution or consortium has, as of the date of the submission of a request under subsection (a) by such institution or consortium-- ``(1) physical and technical capacity for research, development, implementation, and demonstration of advanced and continuous pharmaceutical manufacturing; ``(2) manufacturing knowledge-sharing networks with other institutions of higher education, large and small pharmaceutical manufacturers, generic and nonprescription manufacturers, contract manufacturers, and other relevant entities; ``(3) proven capacity to design, develop, implement, and demonstrate new, highly effective technologies for use in advanced and continuous pharmaceutical manufacturing; ``(4) a track record for creating, preserving, and transferring knowledge with respect to advanced and continuous pharmaceutical manufacturing; ``(5) the proven ability to facilitate training of an adequate future workforce for research on, and implementation of, advanced and continuous pharmaceutical manufacturing; and ``(6) experience in participating in and leading advanced and continuous pharmaceutical manufacturing technology partnerships with other institutions of higher education, large and small pharmaceutical manufacturers, generic and nonprescription manufacturers, contract manufacturers, and other relevant entities-- ``(A) to support companies seeking to implement advanced and continuous pharmaceutical manufacturing in the United States; ``(B) to support Federal agencies with technical assistance and employee training, which may include regulatory and quality metric guidance as applicable, and hands-on training, for advanced and continuous pharmaceutical manufacturing; ``(C) with respect to advanced and continuous pharmaceutical manufacturing, to organize and conduct research and development activities needed to create new and more effective technology, develop and share knowledge, create intellectual property, and maintain technological leadership; ``(D) to develop best practices for designing and implementing advanced and continuous pharmaceutical manufacturing processes; and ``(E) to assess and respond to the national workforce needs for advanced and continuous pharmaceutical manufacturing, including the development and implementing of training programs. ``(d) Termination of Designation.--The Secretary may terminate the designation of any National Center of Excellence designated under this section if the Secretary determines such National Center of Excellence no longer meets the criteria specified in subsection (c). Not later than 90 days before the effective date of such a termination, the Secretary shall provide written notice to the National Center of Excellence, including the rationale for such termination. ``(e) Conditions for Designation.--As a condition of designation as a National Center of Excellence under this section, the Secretary shall require that an institution of higher education or consortium of institutions of higher education enter into an agreement with the Secretary under which the institution or consortium agrees-- ``(1) to collaborate directly with the Food and Drug Administration to publish the reports required by subsection (g); ``(2) to share data with the Food and Drug Administration regarding best practices and research generated through the funding under subsection (f); ``(3) to develop, along with industry partners (which may include large and small biopharmaceutical manufacturers, generic and nonprescription manufacturers, and contract research organizations or contract manufacturers that carry out drug development and manufacturing activities) and another institution or consortium designated under this section, if any, a roadmap for developing an advanced and continuous pharmaceutical manufacturing workforce; ``(4) to develop, along with industry partners and other institutions or consortia of such institutions designated under this section, a roadmap for strengthening existing, and developing new, relationships with other institutions of higher education or consortia thereof; and ``(5) to provide an annual report to the Food and Drug Administration regarding the institution's or consortium's activities under this section, including a description of how the institution or consortium continues to meet and make progress on the criteria specified in subsection (c). ``(f) Funding.-- ``(1) In general.--The Secretary shall award funding, through grants, contracts, or cooperative agreements, to the National Centers of Excellence designated under this section for the purpose of studying and recommending improvements to advanced and continuous pharmaceutical manufacturing, including such improvements as may enable the Centers-- ``(A) to continue to meet the conditions specified in subsection (e); ``(B) to expand capacity for research on, and development of, advanced and continuous pharmaceutical manufacturing; and ``(C) to implement research infrastructure in advanced and continuous pharmaceutical manufacturing suitable for accelerating the development of drug products needed to respond to emerging medical threats, such as emerging drug shortages, quality issues disrupting the supply chain, epidemics and pandemics, and other such situations requiring the rapid development of new products or new manufacturing processes. ``(2) Consistency with fda mission.--As a condition on receipt of funding under this subsection, a National Center of Excellence shall agree to consider any input from the Secretary regarding the use of funding that would-- ``(A) help to further the advancement of advanced and continuous pharmaceutical manufacturing through the National Center of Excellence; and ``(B) be relevant to the mission of the Food and Drug Administration. ``(3) Rule of construction.--Nothing in this section shall be construed as precluding a National Center for Excellence designated under this section from receiving funds under any other provision of this Act or any other Federal law. ``(g) Annual Review and Reports.-- ``(1) Annual report.--Beginning not later than one year after the date on which the first designation is made under subsection (a), and annually thereafter, the Secretary shall-- ``(A) submit to Congress a report describing the activities, partnerships and collaborations, Federal policy recommendations, previous and continuing funding, and findings of, and any other applicable information from, the National Centers of Excellence designated under this section; ``(B) include in such report an accounting of the Federal administrative expenses described in subsection (i)(2) over the reporting period; and ``(C) make such report available to the public in an easily accessible electronic format on the website of the Food and Drug Administration. ``(2) Review of national centers of excellence and potential designees.--The Secretary shall periodically review the National Centers of Excellence designated under this section to ensure that such National Centers of Excellence continue to meet the criteria for designation under this section. ``(3) Report on long-term vision of fda role.--Not later than 2 years after the date on which the first designation is made under subsection (a), the Secretary, in consultation with the National Centers of Excellence designated under this section, shall submit a report to the Congress on the long-term vision of the Department of Health and Human Services on the role of the Food and Drug Administration in supporting advanced and continuous pharmaceutical manufacturing, including-- ``(A) a national framework of principles related to the implementation and regulation of advanced and continuous pharmaceutical manufacturing; ``(B) a plan for the development of Federal regulations and guidance for how advanced and continuous pharmaceutical manufacturing can be incorporated into the development of pharmaceuticals and regulatory responsibilities of the Food and Drug Administration; ``(C) a plan for development of Federal regulations or guidance for how advanced and continuous pharmaceutical manufacturing will be reviewed by the Food and Drug Administration; and ``(D) appropriate feedback solicited from the public, which may include other institutions of higher education, large and small biopharmaceutical manufacturers, generic and nonprescription manufacturers, and contract manufacturers. ``(h) Definitions.--In this section: ``(1) Advanced.--The term `advanced', with respect to pharmaceutical manufacturing, refers to an approach that incorporates novel technology, or uses an established technique or technology in a new or innovative way, that enhances drug quality or improves the performance of a manufacturing process. ``(2) Continuous.--The term `continuous', with respect to pharmaceutical manufacturing, refers to a process-- ``(A) where the input materials are continuously fed into and transformed within the process, and the processed output materials are continuously removed from the system; and ``(B) that consists of an integrated process that consists of a series of two or more simultaneous unit operations. ``(3) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). ``(4) Secretary.--The term `Secretary' means the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs. ``(i) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section $100,000,000 for the period of fiscal years 2022 through 2026. ``(2) Federal administrative expenses.--Of the amounts made available to carry out this section for a fiscal year, the Secretary shall not use more than eight percent for Federal administrative expenses, including training, technical assistance, reporting, and evaluation.''. (b) Transition Rule.--Section 3016 of the 21st Century Cures Act (21 U.S.C. 399h), as in effect on the day before the date of the enactment of this section, shall apply with respect to grants awarded under such section before such date of enactment. (c) Clerical Amendment.--The item relating to section 3016 in the table of contents in section 1(b) of the 21st Century Cures Act (Public Law 114-255) is amended to read as follows: ``Sec. 3016. National Centers of Excellence in Advanced and Continuous Pharmaceutical Manufacturing.''. Passed the House of Representatives October 19, 2021. Attest: CHERYL L. JOHNSON, Clerk.

National Centers of Excellence in Advanced and Continuous Pharmaceutical Manufacturing Act of 2021

To amend the 21st Century Cures Act to provide for designation of institutions of higher education that provide research, data, and leadership on advanced and continuous pharmaceutical manufacturing as National Centers of Excellence in Advanced and Continuous Pharmaceutical Manufacturing, and for other purposes. To amend the 21st Century Cures Act to provide for designation of institutions of higher education that provide research, data, and leadership on continuous manufacturing as National Centers of Excellence in Continuous Pharmaceutical Manufacturing, and for other purposes.

National Centers of Excellence in Advanced and Continuous Pharmaceutical Manufacturing Act of 2021 National Centers of Excellence in Advanced and Continuous Pharmaceutical Manufacturing Act of 2021 National Centers of Excellence in Advanced and Continuous Pharmaceutical Manufacturing Act of 2021 National Centers of Excellence in Continuous Pharmaceutical Manufacturing Act of 2021

Rep. Pallone, Frank, Jr.

D

NJ

S.3587

Science, Technology, Communications

Connect Unserved Americans Act of 2022 This bill modifies administration of and requirements for broadband deployment programs. Specifically, it requires the Department of the Treasury to participate in interagency activities to coordinate federally supported broadband deployment. The bill also increases the percentage (from 50% to 80%) of rural households that a project must serve in order to receive a grant or a loan to expand access to broadband for distance learning and telemedicine in rural areas.

To modify conditions of funding for the distance learning, telemedicine, and broadband program of the Rural Utilities 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 ``Connect Unserved Americans Act of 2022''. SEC. 2. DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM. The Infrastructure Investment and Jobs Act (Public Law 117-58) is amended in the third proviso under the heading ``distance learning, telemedicine, and broadband program'' under the heading ``Rural Utilities Service'' under the heading ``RURAL DEVELOPMENT PROGRAMS'' under the heading ``DEPARTMENT OF AGRICULTURE'' in title I of division J by striking ``50 percent'' and inserting ``80 percent''. SEC. 3. COORDINATION WITH TREASURY DEPARTMENT ON DISTRIBUTION OF BROADBAND DEPLOYMENT FUNDS. (a) In General.--Section 904(b) of division FF of the Consolidated Appropriations Act, 2021 (47 U.S.C. 1308(b)) is amended-- (1) in paragraph (1)(A)-- (A) in clause (ii), by striking ``and'' at the end; and (B) by adding at the end the following: ``(iv) the Department of the Treasury; and''; and (2) in paragraph (2)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) the programs administered by the Department of the Treasury.''. (b) Deadline.--Not later than 30 days after the date of enactment of this Act, the covered agencies (as defined in section 904(b) of division FF of the Consolidated Appropriations Act, 2021 (47 U.S.C. 1308(b)), as amended by subsection (a) of this section) shall implement the amendments made by subsection (a) of this section. <all>

Connect Unserved Americans Act of 2022

A bill to modify conditions of funding for the distance learning, telemedicine, and broadband program of the Rural Utilities Service, and for other purposes.

Connect Unserved Americans Act of 2022

Sen. Thune, John

R

SD

H.R.3842

Commerce

MicroCap Small Business Investing Act of 2021 This bill authorizes the Small Business Administration (SBA) to issue up to ten Small Business Investment Company (SBIC) licenses each year to certain applicants. An SBIC is a privately owned company, licensed and regulated by the SBA, which invests in small businesses through debt and equity. A license issued under the bill must be awarded to an applicant The SBA must prioritize applicants that are located in states with fewer licenses and establish a streamlined application process for those licenses.

To establish a MicroCap small business investment company designation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``MicroCap Small Business Investing Act of 2021''. SEC. 2. MICROCAP SMALL BUSINESS INVESTMENT COMPANY DESIGNATION. (a) In General.--Title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.) is amended-- (1) in section 301(c) (15 U.S.C. 681(c)), by adding at the end the following: ``(5) Microcap small business investment company license.-- ``(A) In general.--Notwithstanding any other provision of law, the Administrator may approve an application and issue not more than 10 licenses annually under this subsection with respect to any applicant-- ``(i) that would otherwise be issued a license under this subsection, except that the management of the applicant does not satisfy the qualification requirements under paragraph (3)(A)(ii) to the extent that such requirements relate to investment experience and track record, including any such requirements further set forth in section 107.305 of title 13, Code of Federal Regulations, or any successor regulation; ``(ii) for which the fund managers have-- ``(I) a documented record of successful business experience; ``(II) a record of business management success; or ``(III) knowledge in the particular industry or business in which the investment strategy is being pursued; and ``(iii) that, in addition to any other requirement applicable to the applicant under this title or the rules issued to carry out this title (including section 121.301(c)(2) of title 13, Code of Federal Regulations, or any successor regulation), will make not less than 25 percent of its investments in-- ``(I) low-income communities, as that term is defined in section 45D(e) of the Internal Revenue Code of 1986; ``(II) a community that has been designated as a qualified opportunity zone under section 1400Z-1 of the Internal Revenue Code of 1986; ``(III) businesses primarily engaged in research and development; ``(IV) manufacturers; ``(V) businesses primarily owned or controlled by individuals in underserved communities before receiving capital from the applicant; and ``(VI) rural areas, as that term is defined by the Bureau of the Census. ``(B) Priority; streamlined process.--With respect to an application for a license pursuant to this paragraph, the Administrator shall-- ``(i) give priority to an applicant for such a license that is located in an underlicensed State; and ``(ii) establish a streamlined process for applicants submitting such an application. ``(C) Timing for issuance of license.-- Notwithstanding paragraph (2), with respect to an application for a license submitted to the Administrator pursuant to this paragraph, the Administrator shall-- ``(i) not later than 60 days after the date on which the application is submitted to the Administrator, process and provide complete feedback with respect to any pre-license application requirements applicable to the applicant; ``(ii) not restrict the submission of any application materials; and ``(iii) not later than 90 days after the date on which the application is submitted to the Administrator-- ``(I) approve the application and issue a license for such operation to the applicant, if the requirements for the license are satisfied; or ``(II) based upon facts in the record-- ``(aa) disapprove the application; and ``(bb) provide the applicant with-- ``(AA) a clear, written explanation of the reason for the disapproval; and ``(BB) a chance to remedy any issues with the application and immediately reapply, with technical assistance provided as needed and a new determination made by the Administrator not later than 30 days after the date on which the applicant re- submits the application. ``(D) Leverage.--A company licensed pursuant to this paragraph shall-- ``(i) not be eligible to receive leverage in an amount that is more than $25,000,000; and ``(ii) access leverage in an amount that is not more than 100 percent of the private capital of the applicant. ``(E) Investment committee.-- ``(i) In general.--Each company licensed pursuant to this paragraph shall have not fewer than 2 independent members on the investment committee of the company in a manner that complies with the following requirements: ``(I) The independent members of the investment committee are or have been licensed managers of small business investment companies within the preceding 10-year period. ``(II) No small business investment company described in subclause (I) may adversely affected by the relationship of the independent members of the investment committee with the company licensed pursuant to this paragraph. ``(III) The independent members of the investment committee are required to approve each investment made by the company. ``(IV) The independent members of the investment committee shall not be paid a management fee, but may receive paid expenses and a portion of any carried interest. ``(ii) Leverage limits.--Any leverage associated with a company licensed pursuant to this paragraph shall not be counted toward the leverage limits of the independent members of the investment committee of the company under this title.''; and (2) in section 303(d) (15 U.S.C. 683(d)), by inserting ``(or, with respect to a company licensed under section 301(c)(5), 50 percent)'' after ``25 percent''. (b) SBA Requirements.-- (1) Definitions.--In this subsection-- (A) the term ``Administrator'' means the Administrator of the Small Business Administration; and (B) the term ``covered company'' means an entity that is licensed to operate as a small business investment company pursuant to paragraph (5) of section 301(c) of the Small Business Investment Act of 1958 (15 U.S.C. 681(c)), as added by subsection (a). (2) Rules.--Not later than 90 days after the date of enactment of this Act, the Administrator shall issue rules to carry out this section and the amendments made by this section. (3) Annual report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall publicly publish a report that details, for the year covered by the report-- (A) the number of covered companies licensed by the Administrator; (B) the industries in which covered companies have invested; (C) the geographic locations of covered companies; and (D) the aggregate performance of covered companies. <all>

MicroCap Small Business Investing Act of 2021

To establish a MicroCap small business investment company designation, and for other purposes.

MicroCap Small Business Investing Act of 2021

Rep. Neguse, Joe

D

CO

S.2842

Armed Forces and National Security

Respecting Our Servicemembers Act This bill prohibits the Department of Defense from requiring a member of the Armed Forces to receive a COVID-19 vaccine.

To amend title 10, United States Code, to prohibit the Secretary of Defense from requiring that members of the Armed Forces receive a COVID-19 vaccine, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Respecting Our Servicemembers Act''. SEC. 2. PROHIBITION ON COVID-19 VACCINATION REQUIREMENTS FOR MEMBERS OF THE ARMED FORCES. (a) In General.--Chapter 55 of title 10, United States Code, is amended by inserting after section 1110b the following new section: ``Sec. 1110c. Prohibition on COVID-19 vaccination requirement ``(a) In General.--The Secretary of Defense may not require any member of an Armed Force to receive a vaccine with respect to the Coronavirus Disease 2019 (COVID-19). ``(b) Member of an Armed Force Defined.--In this section the term `member of an Armed Force' means a member of the Army, Navy, Air Force, Marine Corps, Coast Guard, or Space Force, including any member of a reserve component thereof on active service or active status.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1110b the following new item: ``1110c. Prohibition on COVID-19 vaccination requirement.''. <all>

Respecting Our Ser­vice­mem­bers Act

A bill to amend title 10, United States Code, to prohibit the Secretary of Defense from requiring that members of the Armed Forces receive a COVID-19 vaccine, and for other purposes.

Respecting Our Ser­vice­mem­bers Act

Sen. Lee, Mike

R

UT

H.R.9514

Taxation

Working Families Childcare Access Act of 2022 or the WFCA Act of 2022 This bill allows certain additional expenses to be paid from a dependent care flexible spending arrangement (FSA), specifically qualified sports, tutoring, and music or art expenses. It also increases the eligibility age for dependent care benefits to 15, allows a carryforward of unused benefits to the next plan year, and increases to $15,000 the maximum amount of dependent care benefits excludible from employee gross income.

To amend the Internal Revenue Code of 1986 to allow for the inclusion of additional expenses in dependent care FSAs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Working Families Childcare Access Act of 2022'' or the ``WFCA Act of 2022''. SEC. 2. ADDITIONAL EXPENSES INCLUDED IN DEPENDENT CARE ASSISTANCE PROGRAMS. (a) In General.--Section 129(e) of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1), by striking ``or provision of, those'' and inserting ``or provision of, qualified adoption expenses (within the meaning of section 137(d)), qualified sports expenses, qualified tutoring expenses, qualifying art expenses, or those'', and (2) by adding at the end the following new paragraphs: ``(10) Qualified sports expenses.--The term `qualified sports expenses' means expenses paid or incurred for the participation or instruction of a dependent in a program of physical exercise or physical activity. ``(11) Qualified tutoring expenses.--The term `qualified tutoring expenses' means expenses paid or incurred for the participation or instruction of a dependent in virtual or in- person-- ``(A) individual academic tutoring, or ``(B) small-group academic tutoring in a group of four students or fewer. ``(12) Qualified art expenses.--The term `qualified art expenses' means expenses paid or incurred for the participation or instruction of a dependent in a program of music or art.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. SEC. 3. DEPENDENT CARE EXPENSES ALLOWED FOR CHILDREN AND DEPENDENTS UP TO AGE 15. (a) In General.--Section 129(e)(1) of the Internal Revenue Code of 1986, as amended by section 1, is amended-- (1) by striking ``or provision of, qualified adoption expenses'' and inserting ``or provision of, with respect to a qualifying individual, qualified adoption expenses'', (2) by striking ``The term'' and inserting the following: ``(A) In general.--The term'', and (3) by adding at the end the following: ``(B) Special rule.--For purposes of subparagraph (A), the term `qualifying individual' has the meaning given in paragraph (1) of section 21(b), except such paragraph shall be applied by substituting `age 15' for `age 13'.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2022. SEC. 4. CARRY FORWARD OF UNUSED BENEFITS. (a) In General.--Section 129(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(10) Benefit carry forward rules.-- ``(A) In general.--A plan meets the requirements of this paragraph if it provides for the automatic carry forward from the close of a plan year to the succeeding plan year of any aggregate unused contributions totaling $20 or greater. ``(B) Small balances.--For purposes of subparagraph (A), if an eligible employee carries a balance of less than $20 at the end of a plan year, such employee may elect to carry forward such balance to the next plan year or, if such employee makes no election, such balance may be forfeited. ``(C) Exclusion from gross income.--No amount shall be included in gross income under this chapter by reason of any carry forward under this paragraph. ``(D) Coordination limits.--The maximum amount which may be contributed to a dependent care assistance flexible spending arrangement for any year to which an unused amount is carried under this paragraph shall not be reduced by such unused amount.''. (b) Conforming Amendment.--Section 125(d)(2) of such Code is amended by adding at the end the following new subparagraph: ``(E) Exception for dependent care assistance flexible spending arrangements.--Subparagraph (A) shall not apply to a dependent care assistance flexible spending arrangement which conforms to the benefit carry forward rules of section 129(d)(10).''. (c) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2022. SEC. 5. INCREASE OF BENEFITS FOR DEPENDENT CARE ASSISTANCE PROGRAMS. (a) In General.--Section 129(a)(2)(A) of the Internal Revenue Code of 1986 is amended by striking ``$5,000 ($2,500'' and inserting ``$15,000 ($7,500''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2022. <all>

WFCA Act of 2022

To amend the Internal Revenue Code of 1986 to allow for the inclusion of additional expenses in dependent care FSAs, and for other purposes.

WFCA Act of 2022 Working Families Childcare Access Act of 2022

Rep. Miller, Carol D.

R

WV

H.R.5254

Taxation

Supporting Early-childhood Educators' Deductions Act or the SEED Act This bill expands the tax deduction for the expenses of elementary and secondary school teachers to include early childhood educators.

To amend the Internal Revenue Code of 1986 to allow early childhood educators to take the educator expense deduction, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Early-childhood Educators' Deductions Act'' or the ``SEED Act''. SEC. 2. EDUCATOR EXPENSE DEDUCTION TO INCLUDE EARLY CHILDHOOD EDUCATORS. (a) In General.--Section 62 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (a)(2)(D), by striking the heading and inserting ``Certain expenses of early childhood, elementary, and secondary school teachers.''; (2) in subsection (d)(1)(A), by striking ``kindergarten through grade 12 teacher'' and inserting, ``early childhood educator, kindergarten through grade 12 teacher''; and (3) in subsection (d)(1)(B), by striking ``elementary education or secondary education (kindergarten through grade 12)'' and inserting, ``early childhood education, elementary education, or secondary education (pre-kindergarten through grade 12)''. (b) Effective Date.--The amendments made by this section shall apply to expenses incurred in taxable years beginning after December 31, 2020. <all>

SEED Act

To amend the Internal Revenue Code of 1986 to allow early childhood educators to take the educator expense deduction, and for other purposes.

SEED Act Supporting Early-childhood Educators’ Deductions Act

Rep. Lamb, Conor

D

PA

H.R.3801

Commerce

Showing How Isolationism Effects [sic] Long-term Development Act or the SHIELD Act This bill requires the Department of Commerce and the Federal Trade Commission (FTC) to study and report on electronic commerce, including data sharing and data flow, and its impact on the U.S. economy. Such study shall involve a review of (1) the economic benefit of the free transfer of data, (2) the impact of digital trade barriers on the U.S. economy and business development, and (3) the beneficial impacts of data agreements on commerce. Commerce and the FTC must also establish and maintain a compendium of data localization regulations. Commerce and the FTC must report to Congress the results of such study and any recommendations to promote U.S. economic activity through electronic commerce.

To require the Secretary of Commerce and Federal Trade Commission to conduct an assessment and analysis of regulations regarding data localization and to establish a compendium of such laws and develop a means for maintaining, tracking, and updating such compendium. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Showing How Isolationism Effects Long-term Development Act'' or the ``SHIELD Act''. SEC. 2. DATA LOCALIZATION COMPENDIUM. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Secretary of Commerce and the Federal Trade Commission shall jointly conduct a study on electronic commerce, including data sharing and data flow, and its impact on the United States economy. (b) Requirements for Study.--In conducting the study, the Secretary and the Commission shall survey electronic commerce, including data sharing and data flow, through outreach to participating entities to-- (1) review and determine the economic benefit of the free transfer of data; (2) review and determine the impact digital trade barriers (limited to non-tariff trade barriers) have on the United States economy and business development; and (3) review any data agreement to determine the benefits such agreements have on commerce. (c) Compendium.--The Secretary and Commission shall establish a compendium of data localization regulations (such as regulations requiring that any data maintained about an individual be maintained where such individual resides and where such information was collected) and develop a means for maintaining, tracking, and updating such compendium. The Secretary and Commission shall update such compendium as appropriate, but not less than annually. (d) Report to Congress.--The Secretary and the Commission shall transmit 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 contains-- (1) the results of the study conducted under subsection (a); and (2) recommendations to develop any legislation to promote United States economic activity through electronic commerce, including data sharing and data flows, and any related consumer protection issues. <all>

SHIELD Act

To require the Secretary of Commerce and Federal Trade Commission to conduct an assessment and analysis of regulations regarding data localization and to establish a compendium of such laws and develop a means for maintaining, tracking, and updating such compendium.

SHIELD Act Showing How Isolationism Effects Long-term Development Act

Rep. Upton, Fred

R

MI

H.R.9289

Taxation

Affordable Electric Vehicles for America Act of 2022 This bill extends until after 2025 the requirement that final assembly of vehicles occur within North America for purposes of the clean vehicle tax credit.

To amend the Internal Revenue Code of 1986 to temporarily suspend application of the requirement that final assembly of vehicles occur within North America for purposes of the clean vehicle credit, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Affordable Electric Vehicles for America Act of 2022''. SEC. 2. ADJUSTMENT OF CERTAIN REQUIREMENTS FOR CLEAN VEHICLE CREDIT. (a) Final Assembly.--Subparagraph (G) of section 30D(d)(1) of the Internal Revenue Code of 1986, as added by section 13401(b) of Public Law 117-169, is amended by inserting ``in the case of any motor vehicle sold after December 31, 2025,'' before ``the final assembly''. (b) Critical Minerals and Battery Components.--Section 30D of the Internal Revenue Code of 1986, as amended by section 13401 of Public Law 117-169, is amended-- (1) in subsection (d)(7)-- (A) in subparagraph (A), by striking ``December 31, 2024'' and inserting ``December 31, 2025'', and (B) in subparagraph (B), by striking ``December 31, 2023'' and inserting ``December 31, 2024'', and (2) in subsection (e)-- (A) in paragraph (1)(B)-- (i) in clause (i), by striking ``after the date on which the proposed guidance described in paragraph (3)(B) is issued by the Secretary and before January 1, 2024'' and inserting ``during calendar year 2026'', (ii) in clause (ii), by striking ``2024'' and inserting ``2027'', (iii) in clause (iii), by striking ``2025'' and inserting ``2028'', (iv) in clause (iv), by striking ``2026'' and inserting ``2029'', and (v) in clause (v), by striking ``December 31, 2026'' and inserting ``December 31, 2029'', (B) in paragraph (2)(B)-- (i) in clause (i), by striking ``after the date on which the proposed guidance described in paragraph (3)(B) is issued by the Secretary and before January 1, 2024'' and inserting ``during calendar year 2026'', (ii) in clause (ii), by striking ``2024 or 2025'' and inserting ``2027 or 2028'', (iii) in clause (iii), by striking ``2026'' and inserting ``2029'', (iv) in clause (iv), by striking ``2027'' and inserting ``2030'', (v) in clause (v), by striking ``2028'' and inserting ``2031'', and (vi) in clause (vi), by striking ``December 31, 2028'' and inserting ``December 31, 2031'', and (C) in paragraph (3)(B), by striking ``December 31, 2022'' and inserting ``December 31, 2025''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 13401 of Public Law 117-169. <all>

Affordable Electric Vehicles for America Act of 2022

To amend the Internal Revenue Code of 1986 to temporarily suspend application of the requirement that final assembly of vehicles occur within North America for purposes of the clean vehicle credit, and for other purposes.

Affordable Electric Vehicles for America Act of 2022

Rep. Sewell, Terri A.

D

AL

H.R.5650

Government Operations and Politics

This act designates the facility of the United States Postal Service located at 16605 East Avenue of the Fountains in Fountain Hills, Arizona, as the Dr. C.T. Wright Post Office Building.

[117th Congress Public Law 279] [From the U.S. Government Publishing Office] Public Law 117-279 117th Congress An Act To designate the facility of the United States Postal Service located at 16605 East Avenue of the Fountains in Fountain Hills, Arizona, as the ``Dr. C.T. Wright Post Office Building''. <<NOTE: Dec. 27, 2022 - [H.R. 5650]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DR. C.T. WRIGHT POST OFFICE BUILDING. (a) Designation.--The facility of the United States Postal Service located at 16605 East Avenue of the Fountains in Fountain Hills, Arizona, shall be known and designated as the ``Dr. C.T. Wright Post Office Building''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Dr. C.T. Wright Post Office Building''. Approved December 27, 2022. LEGISLATIVE HISTORY--H.R. 5650: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Sept. 13, considered and passed House. Dec. 19, considered and passed Senate. <all>

To designate the facility of the United States Postal Service located at 16605 East Avenue of the Fountains in Fountain Hills, Arizona, as the "Dr. C.T. Wright Post Office Building".

To designate the facility of the United States Postal Service located at 16605 East Avenue of the Fountains in Fountain Hills, Arizona, as the "Dr. C.T. Wright Post Office Building".

Official Titles - House of Representatives Official Title as Introduced To designate the facility of the United States Postal Service located at 16605 East Avenue of the Fountains in Fountain Hills, Arizona, as the "Dr. C.T. Wright Post Office Building".

Rep. Schweikert, David

R

AZ

S.2437

Environmental Protection

Expediting Forest Restoration and Recovery Act of 2021 This bill requires the Department of Agriculture to expedite the environmental review of hazardous fuel or insect and disease risk reduction projects on certain National Forest System land and prioritize reducing the risks of insect infestations and wildfires over other objectives in forest plans. In addition, the bill directs states to retain good neighbor agreement timber sale revenues and use them for certain restoration services.

To amend the Healthy Forests Restoration Act of 2003 to require the Secretary of Agriculture to expedite hazardous fuel or insect and disease risk reduction projects on certain National Forest System land, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Expediting Forest Restoration and Recovery Act of 2021''. SEC. 2. APPLICATION BY FOREST SERVICE OF AUTHORITIES TO EXPEDITE ENVIRONMENTAL ANALYSES IN CARRYING OUT HAZARDOUS FUEL AND INSECT AND DISEASE RISK REDUCTION PROJECTS. Section 104 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6514) is amended by adding at the end the following: ``(i) Application by Forest Service of Authorities To Expedite Environmental Analyses in Carrying Out Hazardous Fuel and Insect and Disease Risk Reduction Projects.-- ``(1) Definitions.--In this subsection: ``(A) Insect and disease treatment area.--The term `insect and disease treatment area' means an area that-- ``(i) is designated by the Secretary as an insect and disease treatment area under this title; or ``(ii) is designated as at risk or a hazard on the most recent National Insect and Disease Risk Map published by the Forest Service. ``(B) Secretary.--The term `Secretary' has the meaning given the term in section 101(14)(A). ``(2) Use of authorities.--In carrying out a hazardous fuel or insect and disease risk reduction project in an insect and disease treatment area authorized under this Act, the Secretary shall-- ``(A) apply the categorical exclusion established by section 603 in the case of a hazardous fuel or insect and disease risk reduction project carried out in an area-- ``(i) designated as suitable for timber production within the applicable forest plan; or ``(ii) where timber harvest activities are not prohibited; ``(B) conduct applicable environmental assessments and environmental impact statements in accordance with this section in the case of a hazardous fuel or insect and disease risk reduction project-- ``(i) carried out in an area-- ``(I) outside of an area described in subparagraph (A); or ``(II) where other significant resource concerns exist, as determined exclusively by the Secretary; or ``(ii) that is carried out in an area equivalent to not less than a hydrologic unit code 5 watershed, as defined by the United States Geological Survey; and ``(C) notwithstanding subsection (d), in the case of any other hazardous fuel or insect and disease reduction project, in the environmental assessment or environmental impact statement prepared under subsection (b), study, develop, and describe-- ``(i) the proposed agency action; and ``(ii) the alternative of no action. ``(3) Priority for reducing risks of insect infestation and wildfire.--Except where established as a mandatory standard that constrains project and activity decision making in a resource management plan (as defined in section 101(13)(A)) in effect on the date of enactment of this Act, in the case of an insect and disease treatment area, the Secretary shall prioritize reducing the risks of insect and disease infestation and wildfire over other planning objectives. ``(4) Inclusion of fire regime groups iv and v.-- Notwithstanding section 603(c)(2)(B), the Secretary shall apply the categorical exclusion described in paragraph (2)(A) to areas in Fire Regime Groups IV and V. ``(5) Excluded areas.--This subsection shall not apply to-- ``(A) a component of the National Wilderness Preservation System; or ``(B) an inventoried roadless area, except in the case of an activity that is permitted under-- ``(i) the final rule of the Secretary entitled `Special Areas; Roadless Area Conservation' (66 Fed. Reg. 3244 (January 12, 2001)); or ``(ii) a State-specific roadless area conservation rule. ``(6) Reports.--The Secretary shall annually make publicly available data describing the acreage treated under hazardous fuel or insect and disease risk reduction projects in insect and disease treatment areas during the previous year.''. SEC. 3. GOOD NEIGHBOR AUTHORITY. Section 8206(b)(2) of the Agricultural Act of 2014 (16 U.S.C. 2113a(b)(2)) is amended by striking subparagraph (C) and inserting the following: ``(C) Treatment of revenue.--Funds received from the sale of timber by a Governor of a State under a good neighbor agreement shall be retained and used by the Governor-- ``(i) to carry out authorized restoration services under that good neighbor agreement; and ``(ii) if funds remain after carrying out authorized restoration services under clause (i), to carry out authorized restoration services within the State under other good neighbor agreements.''. <all>

Expediting Forest Restoration and Recovery Act of 2021

A bill to amend the Healthy Forests Restoration Act of 2003 to require the Secretary of Agriculture to expedite hazardous fuel or insect and disease risk reduction projects on certain National Forest System land, and for other purposes.

Expediting Forest Restoration and Recovery Act of 2021

Sen. Thune, John

R

SD

H.R.570

Energy

Offshore Accountability Act of 2021 This bill establishes disclosure and reporting requirements for operators of offshore oil or gas facilities after equipment failures of critical systems. Such operators must notify the Department of the Interior and the manufacturers of the equipment of such failures. In addition, the operators must provide equipment failure analyses to Interior and the manufacturers. Interior must post the analyses on its website. Finally, operators must report to Interior on changes made by such manufacturers to the design of critical systems as the result of reported failures and changes in the operators' procedures as a result of reported failures.

To require operators of offshore oil and gas facilities to report failures of critical systems to the Secretary of the Interior, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be referred to as the ``Offshore Accountability Act of 2021''. SEC. 2. REPORTING REQUIREMENT. (a) In General.--Not more than 30 days after the discovery of an equipment failure of a critical system operated at an offshore oil or gas facility, the operator of such facility shall provide a written notice of such failure to the Secretary and the manufacturer of such equipment. (b) Investigation.-- (1) Analysis report.--Subject to subsection (d), an operator required to provide notice to the Secretary under subsection (a) shall ensure that an investigation and an equipment failure analysis are completed within 120 days of the failure to determine the cause of such failure. The operator shall provide an analysis report to the Secretary and to the manufacturer of such equipment documenting such investigation and any corrective action taken. (2) Publication.--Not more than 30 days after receiving an analysis report submitted under paragraph (1), the Secretary shall make such analysis report available to the public on the Department of the Interior website. (c) Extension.--An operator required to provide an analysis report under subsection (b) may request an extension of up to 60 days from the Secretary for such requirement by submitting a written request detailing how such operator will complete the investigation and report required by subsection (b). The Secretary shall review and respond to such request not later than 30 days after the date on which such request is submitted, and may not grant more than one such extension with respect to a single investigation and report. (d) Notice of Change in Equipment or Procedures.--An operator required to provide a notice under subsection (a) shall-- (1) not more than 30 days after receiving notice from a manufacturer of any critical system that made changes in the design of a critical system as the result of the reported failure, report in writing such notice to the Secretary; and (2) not more than 30 days after a change in such operator's operating or repair procedures as a result of the reported failure, report in writing such change to the Secretary. (e) Definitions.--In this section: (1) Blowout preventer system.--The term ``blowout preventer system'' means a wellhead device or combination of devices that is specifically designed to prevent the uncontrolled release of gas, oil, or other fluids or hydrocarbons. (2) Critical system.--The term ``critical system'' means safety and pollution prevention equipment or a blowout preventer system. (3) Equipment failure.--The term ``equipment failure'' means any conditions that prevents equipment from meeting its functional specifications or purpose. (4) Operator.--The term ``operator'' means the operator of an offshore oil or gas facility. (5) Safety and pollution prevention equipment.--The term ``safety and pollution prevention system'' means any equipment that is specifically designed to prevent a malfunction or failure of an offshore well, resulting in injury or loss of life, damage to the environment, or serious damage to the equipment, including-- (A) surface safety valves and actuators; (B) boarding shutdown valves and the actuators of such valves; (C) underwater safety valves and actuators; (D) subsurface safety valves and associated safety valve locks and landing nipples; and (E) gas lift shutdown valves and actuators associated with such valves. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. Union Calendar No. 403 117th CONGRESS 2d Session H. R. 570 [Report No. 117-562] _______________________________________________________________________

Offshore Accountability Act of 2021

To require operators of offshore oil and gas facilities to report failures of critical systems to the Secretary of the Interior, and for other purposes.

Offshore Accountability Act of 2021 Offshore Accountability Act of 2021

Rep. McEachin, A. Donald

D

VA

S.3631

Congress

Bipartisan Ban on Congressional Stock Ownership Act of 2022 This bill prohibits Members of Congress and their spouses from owning or trading stocks, bonds, commodities, futures, or any other form of security. Each current Member must divest within 180 days after the bill is enacted and each new Member must divest within 180 days after becoming a Member. However, Members and their spouses have 5 years to divest from specified complex investment vehicles. The bill does not apply to certain investments, such as investments in widely held investment funds that are diversified and do not present a conflict of interest and investments held in government employee retirement plans. A Member or spouse who violates the bill may be subject to a fine of up to $50,000 for each violation. The bill permits a Member or spouse who is required to divest property under the bill to avoid recognizing gain for income tax purposes from the sale of that property to the extent that the Member or spouse purchases permitted bonds or diversified investment funds within 60 days of the divestiture.

To prohibit stock trading and ownership by Members of Congress and spouses of Members of Congress, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Bipartisan Ban on Congressional Stock Ownership Act of 2022''. SEC. 2. BAR ON STOCK TRADING AND OWNERSHIP BY MEMBERS OF CONGRESS AND SPOUSES. (a) Definitions.--In this section: (1) Commodity.--The term ``commodity'' has the meaning given that term in section 1a of the Commodity Exchange Act (7 U.S.C. 1a). (2) Congressional ethics committee.--The term ``congressional ethics committee'' has the meaning given that term in section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.). (3) Diversified.--The term ``diversified'', with respect to an investment fund, means that the investment fund does not have a stated policy of overly concentrating its investments. (4) Member of congress.--The term ``Member of Congress'' has the meaning given that term in section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.). (5) Security.--The term ``security'' has the meaning given that term in section 3(a) of Securities Exchange Act of 1934 (15 U.S.C. 78c(a)). (6) Small business concern.--The term ``small business concern'' has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632). (7) Widely held investment fund.--The term ``widely held investment fund'' means a widely held investment fund described in section 102(f)(8) of the Ethics in Government Act of 1978 (5 U.S.C. App.). (b) Divestment.-- (1) In general.--Except as provided in subsection (c), no Member of Congress or spouse of a Member of Congress may own an interest in or trade (except as a divestment) any stock, bond, commodity, future, or other form of security, including an interest in a hedge fund, a derivative, option, or other complex investment vehicle. (2) Implementation.-- (A) Current members.-- (i) In general.--Except as provided in clause (ii), an individual who is a Member of Congress on the date of enactment of this Act, or the spouse of such an individual, shall complete the divestment of any asset described in paragraph (1) by not later than 180 days after the date of enactment of this Act. (ii) Certain assets.--For an asset described in paragraph (1) that is an interest in a hedge fund, venture capital fund, or other privately-held complex investment vehicle, an individual who is a Member of Congress on the date of enactment of this Act, or the spouse of such an individual, shall complete the divestment of the asset by not later than 5 years after the date of enactment of this Act. (B) New members.-- (i) In general.--Except as provided in clause (ii), an individual who becomes a Member of Congress after the date of enactment of this Act, or who is the spouse of such an individual, shall complete the divestment of any asset described in paragraph (1) by not later than 180 days after the date on which the individual becomes a Member of Congress. (ii) Certain assets.--For an asset described in paragraph (1) that is an interest in a hedge fund, venture capital fund, or other privately-held complex investment vehicle, an individual who becomes a Member of Congress after the date of enactment of this Act, or who is the spouse of such an individual, shall complete the divestment of the asset by not later than 5 years after the date on which the individual becomes a Member of Congress. (C) Divestment of assets received while a member.-- An individual serving as a Member of Congress, or the spouse of such an individual, who receives any asset described in paragraph (1) during the period of such service, such as from an inheritance, shall complete the divestment of the asset by not later than 180 days after the date on which the individual or spouse receives the asset. (c) Exceptions.--Nothing in this section shall be construed to prevent-- (1) a Member of Congress or spouse of a Member of Congress from owning or trading-- (A) a widely held investment fund, if the widely held investment fund-- (i) does not present a conflict of interest; and (ii) is diversified; (B) 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)); (C) shares of Settlement Common Stock, as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602); (D) a United States Treasury bill, note, or bond; (E) an investment fund held in a Federal, State, or local government employee retirement plan; (F) an interest in a small business concern, if the small business concern does not present a conflict of interest; or (G) any asset described in subsection (b)(1) received as compensation from the primary occupation of the spouse; or (2) a spouse of a Member of Congress from trading any asset described in subsection (b)(1) that is not owned by the spouse or Member of Congress in the course of performing the primary occupation of the spouse. (d) Civil Fines.--The Attorney General or the Special Counsel may bring a civil action in the appropriate United States district court against any Member of Congress or spouse of a Member of Congress who engages in conduct constituting a violation of this section and, upon proof of such conduct by a preponderance of the evidence, such Member of Congress or spouse 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. (e) Nonrecognition of Gain.-- (1) In general.--Paragraph (1) of section 1043(b) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``and'' at the end of subparagraph (A); (B) by redesignating subparagraph (B) as subparagraph (C); (C) by inserting after subparagraph (A) the following new subparagraph: ``(B) any Member of Congress or Member of Congress- elect, but only with respect to a divestment of property required by the Bipartisan Ban on Congressional Stock Ownership Act of 2022, and''; and (D) by striking ``subparagraph (A)'' in subparagraph (C), as so redesignated, and inserting ``subparagraph (A) or (B), whichever is applicable''. (2) Certificate of divestiture.--Subparagraph (B) of section 1043(b)(2) of such Code is amended-- (A) by striking ``or by'' and inserting ``by''; and (B) by inserting ``, or by the applicable congressional ethics committee, in the case of Members of Congress, Members of Congress-elect, and spouses of Members of Congress and Members of Congress-elect'' after ``judicial officers''. (3) Effective date.--The amendments made by this subsection shall apply to sales of property after the date of the enactment of this Act. (f) Interpretive Guidance.--The Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives shall issue interpretive guidance regarding relevant terms not defined in this Act or elsewhere in statute. <all>

Bipartisan Ban on Congressional Stock Ownership Act of 2022

A bill to prohibit stock trading and ownership by Members of Congress and spouses of Members of Congress, and for other purposes.

Bipartisan Ban on Congressional Stock Ownership Act of 2022

Sen. Warren, Elizabeth

D

MA

H.R.846

Labor and Employment

COVID-19 Whistleblower Protection Act This bill establishes whistleblower protections for government contractors and private sector workers who may witness waste, fraud, or abuse or be victims of misconduct with respect to a COVID-19 (i.e., coronavirus disease 2019) pandemic-related program, project, or activity. Specifically, employers may not discharge, demote, or otherwise discriminate against such protected individuals who disclose information concerning fraud, misuse, or other misconduct related to COVID-19 program funds. A protected individual may submit to the Department of Labor a complaint alleging a violation of these protections and Labor may adjudicate such complaints and award relief in accordance with the Internal Revenue Service whistleblower procedures.

To protect certain whistleblowers seeking to ensure accountability and oversight of the Nation's COVID-19 pandemic response, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``COVID-19 Whistleblower Protection Act''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``abuse of authority'' means an arbitrary and capricious exercise of authority by a contracting officer or employee that adversely affects the rights of any individual, or that results in personal gain or advantage to the officer or employee or to preferred other individuals; (2) the term ``CARES Act'' means the CARES Act (Public Law 116-136); (3) the term ``Coronavirus pandemic-related program, project, or activity''-- (A) means a program, project, or activity of the executive branch of the Federal Government authorized under or carried out using amounts made available under an Act to respond to or to provide aid or assistance to address, relief from, or funding to address the outbreak of COVID-19 that is enacted before, on, or after the date of enactment of this Act; and (B) includes any program, project, or activity of the executive branch of the Federal Government authorized under or carried out using amounts made available under-- (i) the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116- 139), or an amendment made by that Act; (ii) the CARES Act, or an amendment made by that Act; (iii) the Families First Coronavirus Response Act (Public Law 116-127), or an amendment made by that Act; (iv) the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (Public Law 116-123), or an amendment made by that Act; or (v) division M or N of the Consolidated Appropriations Act, 2021(Public Law 116-260), or an amendment made by that division; (4) the term ``covered funds'' means any contract, subcontract, grant, subgrant, loan, loan guarantee, or other payment for which-- (A) the Federal Government provides any portion of the funds or property that is provided, requested, or demanded; and (B) any portion of the funds are appropriated or otherwise made available under or to carry out a Coronavirus pandemic-related program, project, or activity; (5) the term ``employee''-- (A) except as provided under subparagraph (B), means an individual performing services on behalf of an employer, including any individual working for an employer under a contract with such employer (including a contractor, subcontractor, or agent of an employer); and (B) does not include any Federal employee or member of the uniformed services (as that term is defined in section 101(a)(5) of title 10, United States Code); (6) the term ``non-Federal employer''-- (A) means any employer-- (i) with respect to covered funds-- (I) the contractor, subcontractor, grantee, subgrantee, or recipient, as the case may be, if the contractor, subcontractor, grantee, subgrantee, or recipient is an employer; and (II) any professional membership organization, certification or other professional body, any agent or licensee of the Federal Government, or any person acting directly or indirectly in the interest of an employer receiving covered funds; or (ii) with respect to covered funds received by a State or local government, the State or local government receiving the funds and any contractor or subcontractor of the State or local government; and (B) does not mean any department, agency, or other entity of the Federal Government; (7) the term ``protected individual'' means-- (A) an employee of, former employee of, or individual seeking employment with, any non-Federal employer receiving covered funds; or (B) a Federal personal services contractor receiving covered funds, former such Federal personal services contractor, or applicant for a Federal personal services contract involving such funds; (8) the term ``reprisal'' means an action (or, as applicable, inaction) that is discharging, demoting, blacklisting, or acting or failing to take an action in a manner prejudicial against, or otherwise discriminating against in any way (including in the hiring process and including by the threat of any such action or inaction) a protected individual as described in section 3(a)(1) for a reason described in subparagraph (A) or (B) of such section; and (9) the term ``State or local government'' means-- (A) the government of each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, or any other territory or possession of the United States; or (B) the government of any political subdivision of a government listed in subparagraph (A). SEC. 3. PROTECTING WHISTLEBLOWERS. (a) Prohibition of Reprisals.-- (1) In general.--A protected individual may not be discharged, demoted, blacklisted, prejudiced by any action or lack of action, or otherwise discriminated against in any way (including in the hiring process and including by the threat of any such action or inaction) for-- (A) disclosing, being perceived as disclosing, or preparing to disclose (including assisting in disclosing, being perceived as assisting in disclosing, or preparing to assist in disclosing and including a disclosure made in the ordinary course of the duties of the protected individual) to an officer or entity described in paragraph (2) information that the protected individual reasonably believes is evidence of misconduct that violates, obstructs, or undermines any statute, rule, or regulation with respect to any Coronavirus pandemic-related program, project, or activity, including-- (i) gross mismanagement of an agency contract, subcontract, grant, or subgrant relating to covered funds; (ii) a gross waste of covered funds; (iii) a substantial and specific danger to public health or safety; (iv) an abuse of authority related to the distribution, implementation, or use of covered funds, including conflict of interest or partiality; and (v) a violation of any statute, rule, or regulation related to an agency contract, subcontract (including the competition for or negotiation of a contract or subcontract), grant, or subgrant, awarded or issued relating to covered funds; or (B) refusing to obey an order that the protected individual reasonably believes would require that individual to violate a statute, rule, or regulation with respect to any Coronavirus pandemic-related program, project, or activity. (2) Officers and entities.--The officers and entities described in this paragraph are-- (A) the Pandemic Response Accountability Committee; (B) an inspector general, including the Special Inspector General for Pandemic Relief; (C) the Congressional Oversight Commission; (D) the Comptroller General of the United States; (E) a Member of Congress; (F) a congressional committee; (G) a State or Federal regulatory or law enforcement agency; (H)(i) an individual with supervisory authority over a protected individual; or (ii) another individual who-- (I) has authority to investigate, discover, or terminate misconduct; and (II) works for the non-Federal employer (in the case of a protected individual described in section 2(7)(A)), or the Federal Government (in the case of a protected individual described in section 2(7)(B)); (I) a court or grand jury; (J) an officer or representative of a labor organization; or (K) the head of a Federal agency or a designee of such a head. (3) Application.-- (A) In general.--For the purposes of paragraph (1)-- (i) a protected individual who initiates or provides evidence of misconduct by a contractor, subcontractor, grantee, or subgrantee in any judicial or administrative proceeding relating to waste, fraud, or abuse in connection with a Federal contract or grant shall be deemed to have made a disclosure covered by such paragraph; and (ii) any discharge, demotion, discrimination, or other reprisal described in paragraph (1) is prohibited even if it is undertaken at the request of an executive branch officer or employee, unless the request takes the form of a non-discretionary directive and is within the authority of the executive branch official making the request. (B) Protection of whistleblower identity.-- (i) In general.--Except as required by law, an officer or entity described in paragraph (2) that receives information under paragraph (1) and any individual or entity to which the officer or entity discloses the information may not disclose the identity or identifying information of the protected individual providing the information without explicit written consent of the protected individual. (ii) Notice.--If disclosure of the identity or identifying information of a protected individual providing information under paragraph (1) is required by law, the recipient shall provide timely notice of the disclosure to the protected individual. (b) Investigation of Complaints.-- (1) Complaints.-- (A) In general.--A protected individual who believes that the individual has been subjected to a reprisal prohibited under subsection (a) may, within 3 years after learning of the alleged reprisal, submit a complaint regarding the reprisal to the Secretary of Labor in accordance with paragraph (2). (B) Response.--Not later than 60 days after the submission of a complaint under subparagraph (A), the applicable non-Federal employer (or the applicable agency head in the case of a Federal personal services contract involving covered funds) shall submit an answer to the complaint to the Secretary of Labor. (2) Remedy and enforcement authority.-- (A) Rules and procedures.--Except to the extent provided otherwise in this section, any action alleging a reprisal prohibited under subsection (a) shall be governed, to the maximum extent practicable, by the rules and procedures for administrative and judicial enforcement, including for investigations, civil actions, appeals, and relief, set forth under section 7623(d) of the Internal Revenue Code of 1986. (B) Burden of proof.--The Secretary of Labor, or the officer presiding in a judicial or administrative proceeding, shall apply the legal burdens of proof specified in section 1221(e) of title 5, United States Code, in determining whether a reprisal prohibited under subsection (a) has occurred in accordance with the rules and procedures under subparagraph (A). (C) Access to investigative file of the secretary of labor.-- (i) In general.--A protected individual alleging a reprisal under this section shall have access to the investigation file of the Secretary of Labor in accordance with section 552a of title 5, United States Code (commonly referred to as the ``Privacy Act''). The investigation of the Secretary of Labor shall be deemed closed for purposes of disclosure under such section when an individual files an appeal to an agency head or a court of competent jurisdiction. (ii) Civil action.--In the event a protected individual alleging a reprisal under this section brings a civil action under this subsection, the protected individual and the non-Federal employer (or the head of the applicable agency in the case of a Federal personal services contract involving covered funds), if applicable, shall have access to the investigative file of the Secretary of Labor in accordance with section 552a of title 5, United States Code. (iii) Exception.--The Secretary of Labor may exclude from disclosure-- (I) information protected from disclosure by a provision of law; and (II) any additional information the Secretary of Labor determines disclosure of which would impede a continuing investigation, if such information is disclosed once such disclosure would no longer impede such investigation, unless the Secretary of Labor determines that disclosure of law enforcement techniques, procedures, or information could reasonably be expected to risk circumvention of the law or disclose the identity of a confidential source. (iv) Privacy of information.--The Secretary of Labor investigating an alleged reprisal under this section may not respond to any inquiry or disclose any information from or about any protected individual alleging such reprisal, except in accordance with the provisions of section 552a of title 5, United States Code, or as required by any other applicable Federal law. (c) General Provisions.-- (1) Rights retained by employee.--Nothing in this section shall diminish the rights, privileges, or remedies of any protected individual under any Federal or State law, or under any collective bargaining agreement. (2) Liability.--Notwithstanding any other provision of law, a protected individual shall be immune from civil and criminal liability with respect to a disclosure by the individual if the individual would be protected from reprisal under subsection (a) for making the disclosure. The protected individual shall bear the burden of proving that the individual would be protected from reprisal under subsection (a) for making the disclosure. (3) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- (A) Waiver of rights and remedies.--Except as provided under subparagraph (C), the rights and remedies provided for in this section may not be waived by any public or private agreement, policy, form, or condition of employment, including by any predispute arbitration agreement. (B) Predispute arbitration agreements.--Except as provided under subparagraph (C), no predispute arbitration agreement shall be valid or enforceable if it requires arbitration of a dispute arising under this section. (C) Exception for collective bargaining agreements.--Notwithstanding subparagraphs (A) and (B), an arbitration provision in a collective bargaining agreement shall be enforceable as to disputes arising under the collective bargaining agreement. (4) Requirement to post notice of rights and remedies.--Any non-Federal employer receiving covered funds (and the head of the applicable agency in the case of a Federal personal services contract involving covered funds) shall post notice of the rights and remedies provided under this section. (d) Rules of Construction.-- (1) No implied authority to retaliate for non-protected disclosures.--Nothing in this section may be construed to-- (A) authorize the discharge of, demotion of, or discrimination or other reprisal against a protected individual for a disclosure other than a disclosure protected by subsection (a); or (B) modify or derogate from a right or remedy otherwise available to the protected individual. (2) Relationship to state laws.--Nothing in this section may be construed to preempt, preclude, or limit the protections provided for public or private employees under State whistleblower laws. (e) Complaint Portal.--The Special Inspector General for Pandemic Relief, the Pandemic Relief Accountability Committee, and the Congressional Oversight Commission shall each establish a public website where any individual who believes that the individual has been subjected to a reprisal prohibited under subsection (a) may submit a complaint regarding the reprisal. Such complaints shall be transmitted to the Secretary of Labor for enforcement in accordance with this section. (f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Labor to carry out this Act $20,000,000 for fiscal year 2021, to remain available until expended. <all>

COVID–19 Whistleblower Protection Act

To protect certain whistleblowers seeking to ensure accountability and oversight of the Nation's COVID-19 pandemic response, and for other purposes.

COVID–19 Whistleblower Protection Act

Rep. Speier, Jackie

D

CA

S.5277

Government Operations and Politics

Fair Elections Now Act of 2022 This bill establishes the Freedom from Influence Fund, which shall provide funding to Senate candidates who meet specified conditions and agree to abide by certain requirements, such as limits on types of campaign funding sources. The bill also imposes a tax on certain U.S. government contracts.

To reform the financing of Senate elections, and for other 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 ``Fair Elections Now Act of 2022''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--SMALL DONOR INCENTIVE PROGRAMS Sec. 101. Sense of the Senate regarding small donor incentive programs. TITLE II--SMALL DOLLAR FINANCING OF SENATE ELECTION CAMPAIGNS Sec. 201. Eligibility requirements and benefits of fair elections financing of Senate election campaigns. Sec. 202. Prohibition on joint fundraising committees. Sec. 203. Exception to limitation on coordinated expenditures by political party committees with participating candidates. TITLE III--RESPONSIBILITIES OF THE FEDERAL ELECTION COMMISSION Sec. 301. Petition for certiorari. Sec. 302. Electronic filing of FEC reports. TITLE IV--REVENUE PROVISIONS Sec. 401. Freedom From Influence Fund revenue. TITLE V--MISCELLANEOUS PROVISIONS Sec. 501. Severability. Sec. 502. Effective date. TITLE I--SMALL DONOR INCENTIVE PROGRAMS SEC. 101. SENSE OF THE SENATE REGARDING SMALL DONOR INCENTIVE PROGRAMS. It is the sense of the Senate that Congress should take steps to allow more Americans to fully participate in our democracy through authorizing publicly financed small donor incentive programs, including small-dollar voucher programs that broaden and diversify the number of Americans who are able to have their voice heard in the marketplace of ideas. TITLE II--SMALL DOLLAR FINANCING OF SENATE ELECTION CAMPAIGNS SEC. 201. ELIGIBILITY REQUIREMENTS AND BENEFITS OF FAIR ELECTIONS FINANCING OF SENATE ELECTION CAMPAIGNS. The Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is amended by adding at the end the following: ``TITLE V--FAIR ELECTIONS FINANCING OF SENATE ELECTION CAMPAIGNS ``Subtitle A--General Provisions ``SEC. 501. DEFINITIONS. ``In this title: ``(1) Allocation from the fund.--The term `allocation from the Fund' means an allocation of money from the Freedom From Influence Fund to a participating candidate pursuant to section 522. ``(2) Commission.--The term `Commission' means the Federal Election Commission. ``(3) Enhanced matching contribution.--The term `enhanced matching contribution' means an enhanced matching payment provided to a participating candidate for qualified small dollar contributions, as provided under section 524. ``(4) Enhanced support qualifying period.--The term `enhanced support qualifying period' means, with respect to a general election, the period which begins 60 days before the date of the election and ends 14 days before the date of the election. ``(5) Fair elections qualifying period.--The term `Fair Elections qualifying period' means, with respect to any candidate for Senator, the period-- ``(A) beginning on the date on which the candidate files a statement of intent under section 511(a)(1); and ``(B) ending on the date that is 30 days before-- ``(i) the date of the primary election; or ``(ii) in the case of a State that does not hold a primary election, the date prescribed by State law as the last day to qualify for a position on the general election ballot. ``(6) Fair elections start date.--The term `Fair Elections start date' means, with respect to any candidate, the date that is 180 days before-- ``(A) the date of the primary election; or ``(B) in the case of a State that does not hold a primary election, the date prescribed by State law as the last day to qualify for a position on the general election ballot. ``(7) Fund.--The term `Fund' means the Freedom From Influence Fund established by section 502. ``(8) Immediate family.--The term `immediate family' means, with respect to any candidate-- ``(A) the candidate's spouse; ``(B) a child, stepchild, parent, grandparent, brother, half-brother, sister, or half-sister of the candidate or the candidate's spouse; and ``(C) the spouse of any person described in subparagraph (B). ``(9) Matching contribution.--The term `matching contribution' means a matching payment provided to a participating candidate for qualified small dollar contributions, as provided under section 523. ``(10) Nonparticipating candidate.--The term `nonparticipating candidate' means a candidate for Senator who is not a participating candidate. ``(11) Participating candidate.--The term `participating candidate' means a candidate for Senator who is certified under section 514 as being eligible to receive an allocation from the Fund. ``(12) Qualifying contribution.--The term `qualifying contribution' means, with respect to a candidate, a contribution that-- ``(A) is in an amount that is-- ``(i) not less than $5; and ``(ii) not more than $200; ``(B) is made by an individual who is not otherwise prohibited from making a contribution under this Act; ``(C) is made during the Fair Elections qualifying period; and ``(D) meets the requirements of section 512(b). ``(13) Qualified small dollar contribution.--The term `qualified small dollar contribution' means, with respect to a candidate, any contribution (or series of contributions)-- ``(A) which is not a qualifying contribution (or does not include a qualifying contribution); ``(B) which is made by an individual who is not prohibited from making a contribution under this Act; and ``(C) the aggregate amount of which does not exceed $200 per election. ``(14) Qualifying multicandidate political committee contribution.-- ``(A) In general.--The term `qualifying multicandidate political committee contribution' means any contribution to a candidate that is made from a qualified account of a multicandidate political committee (within the meaning of section 315(a)(2)). ``(B) Qualified account.--For purposes of subparagraph (A), the term `qualified account' means, with respect to a multicandidate political committee, a separate, segregated account of the committee that consists solely of contributions which meet the following requirements: ``(i) All contributions to such account are made by individuals who are not prohibited from making contributions under this Act. ``(ii) The aggregate amount of contributions from each individual to such account and all other accounts of the political committee do not exceed the amount described in paragraph (13)(C). ``SEC. 502. FREEDOM FROM INFLUENCE FUND. ``(a) Establishment.--There is established in the Treasury a fund to be known as the `Freedom from Influence Fund'. ``(b) Amounts Held by Fund.--The Fund shall consist of the following amounts: ``(1) Appropriated amounts.-- ``(A) In general.--Amounts appropriated to the Fund. ``(B) Sense of the senate regarding appropriations.--It is the sense of the Senate that-- ``(i) there should be imposed on any payment made to any person (other than a State or local government or a foreign nation) who has a contract with the Government of the United States in excess of $10,000,000 a tax equal to 0.50 percent of amount paid pursuant to each contract, except that the aggregate tax on each contract for any taxable year shall not exceed $500,000; and ``(ii) the revenue from such tax should be appropriated to the Fund. ``(2) Voluntary contributions.--Voluntary contributions to the Fund. ``(3) Other deposits.--Amounts deposited into the Fund under-- ``(A) section 513(c) (relating to exceptions to contribution requirements); ``(B) section 521(c) (relating to remittance of allocations from the Fund); ``(C) section 532 (relating to violations); and ``(D) any other section of this Act. ``(4) Investment returns.--Interest on, and the proceeds from, the sale or redemption of, any obligations held by the Fund under subsection (c). ``(c) Investment.--The Commission shall invest portions of the Fund in obligations of the United States in the same manner as provided under section 9602(b) of the Internal Revenue Code of 1986. ``(d) Use of Fund.-- ``(1) In general.--The sums in the Fund shall be used to provide benefits to participating candidates as provided in subtitle C. ``(2) Insufficient amounts.--Under regulations established by the Commission, rules similar to the rules of section 9006(c) of the Internal Revenue Code shall apply. ``Subtitle B--Eligibility and Certification ``SEC. 511. ELIGIBILITY. ``(a) In General.--A candidate for Senator is eligible to receive an allocation from the Fund for any election if the candidate meets the following requirements: ``(1) The candidate files with the Commission a statement of intent to seek certification as a participating candidate under this title during the period beginning on the Fair Elections start date and ending on the last day of the Fair Elections qualifying period. ``(2) The candidate meets the qualifying contribution requirements of section 512. ``(3) The candidate files with the Commission a statement certifying that the authorized committees of the candidate meet the requirements of section 513(d)(2). ``(4) Not later than the last day of the Fair Elections qualifying period, the candidate files with the Commission an affidavit signed by the candidate and the treasurer of the candidate's principal campaign committee declaring that the candidate-- ``(A) has complied and, if certified, will comply with the contribution and expenditure requirements of section 513; ``(B) if certified, will not run as a nonparticipating candidate during such year in any election for the office that such candidate is seeking; and ``(C) has either qualified or will take steps to qualify under State law to be on the ballot. ``(b) General Election.--Notwithstanding subsection (a), a candidate shall not be eligible to receive an allocation from the Fund for a general election or a general runoff election unless the candidate's party nominated the candidate to be placed on the ballot for the general election or the candidate otherwise qualified to be on the ballot under State law. ``SEC. 512. QUALIFYING CONTRIBUTION REQUIREMENT. ``(a) In General.--A candidate for Senator meets the requirement of this section if, during the Fair Elections qualifying period, the candidate obtains-- ``(1) a number of qualifying contributions equal to the sum of-- ``(A) 2,000; plus ``(B) 500 for each congressional district in the State with respect to which the candidate is seeking election; and ``(2) a total dollar amount of qualifying contributions equal to 10 percent of the amount of the allocation such candidate would be entitled to receive for the primary election under section 522(c)(1) (determined without regard to paragraph (5) thereof) if such candidate were a participating candidate. ``(b) Requirements Relating to Receipt of Qualifying Contribution.--Each qualifying contribution-- ``(1) may be made by means of a personal check, money order, debit card, credit card, or electronic payment account; ``(2) shall be accompanied by a signed statement containing the contributor's name and the contributor's address in the State in which the contributor is registered to vote; and ``(3) shall be acknowledged by a receipt that is sent to the contributor with a copy kept by the candidate for the Commission and a copy kept by the candidate for the election authorities in the State with respect to which the candidate is seeking election. ``(c) Verification of Qualifying Contributions.--The Commission shall establish procedures for the auditing and verification of qualifying contributions to ensure that such contributions meet the requirements of this section. ``SEC. 513. CONTRIBUTION AND EXPENDITURE REQUIREMENTS. ``(a) General Rule.--A candidate for Senator meets the requirements of this section if, during the election cycle of the candidate, the candidate-- ``(1) except as provided in subsection (b), accepts no contributions other than-- ``(A) qualifying contributions; ``(B) qualified small dollar contributions; ``(C) qualifying multicandidate political committee contributions; ``(D) allocations from the Fund under section 522; ``(E) matching contributions under section 523; ``(F) enhanced matching contributions under section 524; ``(G) vouchers provided to the candidate under section 525; ``(H) subject to subsection (c), personal funds of the candidate or of any immediate family member of the candidate (other than funds received through qualified small dollar contributions); and ``(I) subject to subsection (d), contributions from individuals who are otherwise permitted to make contributions under this Act, subject to the applicable limitations of section 315, except that the aggregate amount of contributions a participating candidate may accept from any individual with respect to any election during the election cycle may not exceed $1,000; and ``(2) makes no expenditures from any amounts other than from-- ``(A) qualifying contributions; ``(B) qualified small dollar contributions; ``(C) qualifying multicandidate political committee contributions; ``(D) allocations from the Fund under section 522; ``(E) matching contributions under section 523; ``(F) enhanced matching contributions under section 524; ``(G) vouchers provided to the candidate under section 525; ``(H) subject to subsection (c), personal funds of the candidate or of any immediate family member of the candidate (other than funds received through qualified small dollar contributions); and ``(I) subject to subsection (d), contributions from individuals who are otherwise permitted to make contributions under this Act, subject to the applicable limitations of section 315, except that the aggregate amount of contributions a participating candidate may accept from any individual with respect to any election during the election cycle may not exceed $1,000. For purposes of this subsection, a payment made by a political party in coordination with a participating candidate shall not be treated as a contribution to or as an expenditure made by the participating candidate. ``(b) Contributions for Leadership PACs, etc.--A political committee of a participating candidate which is not an authorized committee of such candidate may accept contributions other than contributions described in subsection (a)(1) from any person if-- ``(1) the aggregate contributions from such person for any calendar year do not exceed $200; and ``(2) no portion of such contributions is disbursed in connection with the campaign of the participating candidate. ``(c) Special Rules for Personal Funds.--A candidate who is certified as a participating candidate may use personal funds (including personal funds of any immediate family member of the candidate) so long as-- ``(1) the aggregate amount used with respect to the election cycle (including any period of the cycle occurring prior to the candidate's certification as a participating candidate) does not exceed $50,000; and ``(2) the funds are used only for making direct payments for the receipt of goods and services which constitute authorized expenditures in connection with the election cycle involved. ``(d) Requirements Relating to Subsequent Contributions and Notification Requirements.-- ``(1) Restriction on subsequent contributions.-- ``(A) Prohibiting donor from making subsequent nonqualified contributions during election cycle.--An individual who makes a qualified small dollar contribution to a candidate with respect to an election may not make any subsequent contribution to such candidate with respect to the election cycle which is not a qualified small dollar contribution. ``(B) Treatment of subsequent nonqualified contributions.--If, notwithstanding the prohibition described in subparagraph (A), an individual who makes a qualified small dollar contribution to a candidate with respect to an election makes a subsequent contribution to such candidate with respect to the election which is prohibited under subparagraph (A) because it is not a qualified small dollar contribution, the candidate may take one of the following actions: ``(i) Not later than 2 weeks after receiving the contribution, the candidate may return the subsequent contribution to the individual. In the case of a subsequent contribution which is not a qualified small dollar contribution because the contribution fails to meet the requirements of paragraph (13)(C) of section 501 (relating to the aggregate amount of qualified small dollar contributions that may be made by an individual to a candidate), the candidate may return an amount equal to the difference between the amount of the subsequent contribution and the amount described in such paragraph. ``(ii) The candidate may retain the subsequent contribution, so long as not later than 2 weeks after receiving the subsequent contribution, the candidate remits to the Commission for deposit in the Freedom from Influence Fund established by section 502 an amount equal to any payments received by the candidate under this title which are attributable to the qualified small dollar contribution made by the individual involved. ``(C) No effect on ability to make multiple contributions.--Nothing in this subsection may be construed to prohibit an individual from making multiple qualified small dollar contributions to any candidate or any number of candidates, so long as each contribution meets the definition of a qualified small dollar contribution under section 501(13). ``(2) Notification requirements for candidates.-- ``(A) Notification.--Each authorized committee of a candidate who seeks to be a participating candidate under this title shall provide the following information in any materials for the solicitation of contributions, including any internet site through which individuals may make contributions to the committee: ``(i) A statement that if the candidate is certified as a participating candidate under this title, the candidate will receive matching payments in an amount which is based on the total amount of qualified small dollar contributions received. ``(ii) A statement that a contribution which meets the definition of a qualified small dollar contribution under section 501(13) shall be treated as a qualified small dollar contribution under this title. ``(iii) A statement that if a contribution is treated as qualified small dollar contribution under this title, the individual who makes the contribution may not make any contribution to the candidate or the authorized committees of the candidate during the election cycle which is not a qualified small dollar contribution. ``(B) Alternative methods of meeting requirements.--An authorized committee may meet the requirements of subparagraph (A)-- ``(i) by including the information described in paragraph (1) in the receipt provided under section 512(b)(3) to a person making a qualified small dollar contribution; or ``(ii) by modifying the information it provides to persons making contributions which is otherwise required under title III (including information it provides through the internet). ``(e) Exception.--Notwithstanding subsection (a), a candidate shall not be treated as having failed to meet the requirements of this section if any contributions that are not qualified small dollar contributions, qualifying contributions, qualifying multicandidate political committee contributions, or contributions that meet the requirements of subsection (b) and that are accepted before the date the candidate files a statement of intent under section 511(a)(1) are-- ``(1) returned to the contributor; or ``(2) submitted to the Commission for deposit in the Fund. ``SEC. 514. CERTIFICATION. ``(a) In General.--Not later than 5 days after a candidate for Senator files an affidavit under section 511(a)(4), the Commission shall-- ``(1) certify whether or not the candidate is a participating candidate; and ``(2) notify the candidate of the Commission's determination. ``(b) Revocation of Certification.-- ``(1) In general.--The Commission may revoke a certification under subsection (a) if-- ``(A) a candidate fails to qualify to appear on the ballot at any time after the date of certification; or ``(B) a candidate otherwise fails to comply with the requirements of this title, including any regulatory requirements prescribed by the Commission. ``(2) Repayment of benefits.--If certification is revoked under paragraph (1), the candidate shall repay to the Fund an amount equal to the value of benefits received under this title plus interest (at a rate determined by the Commission) on any such amount received. ``Subtitle C--Benefits ``SEC. 521. BENEFITS FOR PARTICIPATING CANDIDATES. ``(a) In General.--For each election with respect to which a candidate is certified as a participating candidate under section 514, such candidate shall be entitled to-- ``(1) an allocation from the Fund to make or obligate to make expenditures with respect to such election, as provided in section 522; ``(2) matching contributions, as provided in section 523; ``(3) enhanced matching contributions, as provided in section 524; and ``(4) for the general election, vouchers for broadcasts of political advertisements, as provided in section 525. ``(b) Restriction on Uses of Allocations From the Fund.-- Allocations from the Fund received by a participating candidate under section 522, matching contributions under section 523, and enhanced matching contributions under section 524 may only be used for campaign- related costs. ``(c) Remitting Allocations From the Fund.-- ``(1) In general.--Not later than the date that is 180 days after an election in which the participating candidate appeared on the ballot, such participating candidate shall remit to the Commission for deposit in the Fund an amount equal to the lesser of-- ``(A) the amount of money in the candidate's campaign account; or ``(B) the sum of the allocations from the Fund received by the candidate under section 522, the matching contributions received by the candidate under section 523, and the enhanced matching contributions under section 524. ``(2) Exceptions.-- ``(A) Subsequent election.--In the case of a candidate who qualifies to be on the ballot for a primary runoff election, a general election, or a general runoff election, the amounts described in paragraph (1) may be retained by the candidate and used in such subsequent election. ``(B) Candidate seeking certification for next election cycle.--Notwithstanding paragraph (1), a participating candidate may withhold not more than $100,000 from the amount required to be remitted under paragraph (1) if the candidate files a signed affidavit with the Commission that the candidate will seek certification as a participating candidate with respect to the next election cycle, except that the candidate may not use any portion of the amount withheld until the candidate is certified as a participating candidate with respect to that next election cycle. If the candidate fails to seek certification as a participating candidate prior to the last day of the qualifying period for the next election cycle (as described in section 511), or if the Commission notifies the candidate of the Commission's determination that the candidate does not meet the requirements for certification as a participating candidate with respect to such cycle, the candidate shall immediately remit to the Commission the amount withheld. ``SEC. 522. ALLOCATIONS FROM THE FUND. ``(a) In General.--The Commission shall make allocations from the Fund under section 521(a)(1) to a participating candidate-- ``(1) in the case of amounts provided under subsection (d)(1), after the date on which such candidate is certified as a participating candidate under section 514; ``(2) in the case of a general election after-- ``(A) the date of the certification of the results of the primary election or the primary runoff election; or ``(B) in any case in which there is no primary election, the date the candidate qualifies to be placed on the ballot; and ``(3) in the case of a primary runoff election or a general runoff election, after the certification of the results of the primary election or the general election, as the case may be. ``(b) Method of Payment.--The Commission shall distribute funds available to participating candidates under this section through the use of an electronic funds exchange or a debit card. ``(c) Timing of Payment.--The Commission shall, in coordination with the Secretary of the Treasury, take such steps as may be necessary to ensure that the Secretary is able to make payments under this section from the Treasury not later than 2 business days after date of the applicable certification as described in subsection (a). ``(d) Amounts.-- ``(1) Primary election allocation; initial allocation.-- Except as provided in paragraph (5), the Commission shall make an allocation from the Fund for a primary election to a participating candidate in an amount equal to 67 percent of the base amount with respect to such participating candidate. ``(2) Primary runoff election allocation.--The Commission shall make an allocation from the Fund for a primary runoff election to a participating candidate in an amount equal to 25 percent of the amount the participating candidate was eligible to receive under this section for the primary election. ``(3) General election allocation.--Except as provided in paragraph (5), the Commission shall make an allocation from the Fund for a general election to a participating candidate in an amount equal to the base amount with respect to such candidate. ``(4) General runoff election allocation.--The Commission shall make an allocation from the Fund for a general runoff election to a participating candidate in an amount equal to 25 percent of the base amount with respect to such candidate. ``(5) Uncontested elections.-- ``(A) In general.--In the case of a primary or general election that is an uncontested election, the Commission shall make an allocation from the Fund to a participating candidate for such election in an amount equal to 25 percent of the allocation which such candidate would be entitled to under this section for such election if this paragraph did not apply. ``(B) Uncontested election defined.--For purposes of this subparagraph, an election is uncontested if not more than 1 candidate has campaign funds (including payments from the Fund) in an amount equal to or greater than 10 percent of the allocation a participating candidate would be entitled to receive under this section for such election if this paragraph did not apply. ``(e) Base Amount.-- ``(1) In general.--Except as otherwise provided in this subsection, the base amount for any candidate is an amount equal to the sum of-- ``(A) $750,000; plus ``(B) $150,000 for each congressional district in the State with respect to which the candidate is seeking election. ``(2) Indexing.--In each even-numbered year after 2027-- ``(A) each dollar amount under paragraph (1) shall be increased by the percent difference between the price index (as defined in section 315(c)(2)(A)) for the 12 months preceding the beginning of such calendar year and the price index for calendar year 2022; ``(B) each dollar amount so increased shall remain in effect for the 2-year period beginning on the first day following the date of the last general election in the year preceding the year in which the amount is increased and ending on the date of the next general election; and ``(C) if any amount after adjustment under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ``SEC. 523. MATCHING PAYMENTS FOR QUALIFIED SMALL DOLLAR CONTRIBUTIONS. ``(a) In General.--The Commission shall pay to each participating candidate an amount equal to 600 percent of the amount of qualified small dollar contributions received by the candidate from individuals after the date on which such candidate is certified under section 514. ``(b) Limitation.--The aggregate payments under subsection (a) with respect to any candidate shall not exceed 400 percent of the allocation such candidate is entitled to receive for such election under section 522 (determined without regard to subsection (d)(5) thereof). ``(c) Time of Payment.--The Commission shall make payments under this section not later than 2 business days after the receipt of a report made under subsection (d). ``(d) Reports.-- ``(1) In general.--Each participating candidate shall file reports of receipts of qualified small dollar contributions at such times and in such manner as the Commission may by regulations prescribe. ``(2) Contents of reports.--Each report under this subsection shall disclose-- ``(A) the amount of each qualified small dollar contribution received by the candidate; and ``(B) the name, address, and occupation of each individual who made a qualified small dollar contribution to the candidate. ``(3) Frequency of reports.--Reports under this subsection shall be made no more frequently than-- ``(A) once every month until the date that is 90 days before the date of the election; and ``(B) once every week after the period described in subparagraph (A) and until the date of the election. ``(4) Limitation on regulations.--The Commission may not prescribe any regulations with respect to reporting under this subsection with respect to any election after the date that is 180 days before the date of such election. ``(e) Appeals.--The Commission shall provide a written explanation with respect to any denial of any payment under this section and shall provide the opportunity for review and reconsideration within 5 business days of such denial. ``SEC. 524. ENHANCED MATCHING SUPPORT. ``(a) In General.--In addition to the payments made under section 523, the Commission shall make an additional payment to an eligible candidate under this section. ``(b) Eligibility.--A candidate is eligible to receive an additional payment under this section if the candidate meets each of the following requirements: ``(1) The candidate is on the ballot for the general election for the office the candidate seeks. ``(2) The candidate is certified as a participating candidate under this title with respect to the election. ``(3) During the enhanced support qualifying period, the candidate receives qualified small dollar contributions in a total amount of not less than the sum of $15,000 for each congressional district in the State with respect to which the candidate is seeking election. ``(4) During the enhanced support qualifying period, the candidate submits to the Commission a request for the payment which includes-- ``(A) a statement of the number and amount of qualified small dollar contributions received by the candidate during the enhanced support qualifying period; ``(B) a statement of the amount of the payment the candidate anticipates receiving with respect to the request; and ``(C) such other information and assurances as the Commission may require. ``(5) After submitting a request for the additional payment under paragraph (4), the candidate does not submit any other application for an additional payment under this title. ``(c) Amount.-- ``(1) In general.--Subject to paragraph (2), the amount of the additional payment made to an eligible candidate under this subtitle shall be an amount equal to 50 percent of-- ``(A) the amount of the payment made to the candidate under section 523 with respect to the qualified small dollar contributions which are received by the candidate during the enhanced support qualifying period (as included in the request submitted by the candidate under (b)(4)(A)); or ``(B) in the case of a candidate who is not eligible to receive a payment under section 523 with respect to such qualified small dollar contributions because the candidate has reached the limit on the aggregate amount of payments under section 523, the amount of the payment which would have been made to the candidate under section 523 with respect to such qualified small dollar contributions if the candidate had not reached such limit. ``(2) Limit.--The amount of the additional payment determined under paragraph (1) with respect to a candidate may not exceed the sum of $150,000 for each congressional district in the State with respect to which the candidate is seeking election. ``(3) No effect on aggregate limit.--The amount of the additional payment made to a candidate under this section shall not be included in determining the aggregate amount of payments made to a participating candidate with respect to an election cycle under section 523. ``SEC. 525. POLITICAL ADVERTISING VOUCHERS. ``(a) In General.--The Commission shall establish and administer a voucher program for the purchase of airtime on broadcasting stations for political advertisements in accordance with the provisions of this section. ``(b) Candidates.--The Commission shall only disburse vouchers under the program established under subsection (a) to participants certified pursuant to section 514 who have agreed in writing to keep and furnish to the Commission such records, books, and other information as it may require. ``(c) Amounts.--The Commission shall disburse vouchers to each candidate certified under subsection (b) in an aggregate amount equal to $100,000 multiplied by the number of congressional districts in the State with respect to which such candidate is running for office. ``(d) Use.-- ``(1) Exclusive use.--Vouchers disbursed by the Commission under this section may be used only for the purchase of broadcast airtime for political advertisements relating to a general election for the office of Senate by the participating candidate to which the vouchers were disbursed, except that-- ``(A) a candidate may exchange vouchers with a political party under paragraph (2); and ``(B) a political party may use vouchers only to purchase broadcast airtime for political advertisements for generic party advertising (as defined by the Commission in regulations), to support candidates for State or local office in a general election, or to support participating candidates of the party in a general election for Federal office, but only if it discloses the value of the voucher used as an expenditure under section 315(d). ``(2) Exchange with political party committee.-- ``(A) In general.--A participating candidate who receives a voucher under this section may transfer the right to use all or a portion of the value of the voucher to a committee of the political party of which the individual is a candidate (or, in the case of a participating candidate who is not a member of any political party, to a committee of the political party of that candidate's choice) in exchange for money in an amount equal to the cash value of the voucher or portion exchanged. ``(B) Continuation of candidate obligations.--The transfer of a voucher, in whole or in part, to a political party committee under this paragraph does not release the candidate from any obligation under the agreement made under subsection (b) or otherwise modify that agreement or its application to that candidate. ``(C) Party committee obligations.--Any political party committee to which a voucher or portion thereof is transferred under subparagraph (A)-- ``(i) shall account fully, in accordance with such requirements as the Commission may establish, for the receipt of the voucher; and ``(ii) may not use the transferred voucher or portion thereof for any purpose other than a purpose described in paragraph (1)(B). ``(D) Voucher as a contribution under feca.--If a candidate transfers a voucher or any portion thereof to a political party committee under subparagraph (A)-- ``(i) the value of the voucher or portion thereof transferred shall be treated as a contribution from the candidate to the committee, and from the committee to the candidate, for purposes of sections 302 and 304; ``(ii) the committee may, in exchange, provide to the candidate only funds subject to the prohibitions, limitations, and reporting requirements of title III of this Act; and ``(iii) the amount, if identified as a `voucher exchange', shall not be considered a contribution for the purposes of sections 315 and 513. ``(e) Value; Acceptance; Redemption.-- ``(1) Voucher.--Each voucher disbursed by the Commission under this section shall have a value in dollars, redeemable upon presentation to the Commission, together with such documentation and other information as the Commission may require, for the purchase of broadcast airtime for political advertisements in accordance with this section. ``(2) Acceptance.--A broadcasting station shall accept vouchers in payment for the purchase of broadcast airtime for political advertisements in accordance with this section. ``(3) Redemption.--The Commission shall redeem vouchers accepted by broadcasting stations under paragraph (2) upon presentation, subject to such documentation, verification, accounting, and application requirements as the Commission may impose to ensure the accuracy and integrity of the voucher redemption system. ``(4) Expiration.-- ``(A) Candidates.--A voucher may only be used to pay for broadcast airtime for political advertisements to be broadcast before midnight on the day before the date of the Federal election in connection with which it was issued and shall be null and void for any other use or purpose. ``(B) Exception for political party committees.--A voucher held by a political party committee may be used to pay for broadcast airtime for political advertisements to be broadcast before midnight on December 31st of the odd-numbered year following the year in which the voucher was issued by the Commission. ``(5) Voucher as expenditure under feca.--The use of a voucher to purchase broadcast airtime constitutes an expenditure as defined in section 301(9)(A). ``(f) Definitions.--In this section: ``(1) Broadcasting station.--The term `broadcasting station' has the meaning given that term by section 315(f)(1) of the Communications Act of 1934. ``(2) Political party.--The term `political party' means a major party or a minor party as defined in section 9002 (3) or (4) of the Internal Revenue Code of 1986 (26 U.S.C. 9002 (3) or (4)). ``Subtitle D--Administrative Provisions ``SEC. 531. DUTIES OF THE FEDERAL ELECTION COMMISSION. ``(a) Duties and Powers.-- ``(1) Administration.--The Commission shall have the power to administer the provisions of this title and shall prescribe regulations to carry out the purposes of this title, including regulations-- ``(A) to establish procedures for-- ``(i) verifying the amount of valid qualifying contributions with respect to a candidate; ``(ii) effectively and efficiently monitoring and enforcing the limits on the raising of qualified small dollar contributions; ``(iii) monitoring the raising of qualifying multicandidate political committee contributions through effectively and efficiently monitoring and enforcing the limits on individual contributions to qualified accounts of multicandidate political committees; ``(iv) effectively and efficiently monitoring and enforcing the limits on the use of personal funds by participating candidates; ``(v) monitoring the use of allocations from the Fund and matching contributions under this title through audits or other mechanisms; and ``(vi) the administration of the voucher program under section 525; and ``(B) regarding the conduct of debates in a manner consistent with the best practices of States that provide public financing for elections. ``(2) Review of fair elections financing.-- ``(A) In general.--After each general election for Federal office, the Commission shall conduct a comprehensive review of the Fair Elections financing program under this title, including-- ``(i) the maximum dollar amount of qualified small dollar contributions under section 501(13); ``(ii) the maximum and minimum dollar amounts for qualifying contributions under section 501(12); ``(iii) the number and value of qualifying contributions a candidate is required to obtain under section 512 to qualify for allocations from the Fund; ``(iv) the amount of allocations from the Fund that candidates may receive under section 522; ``(v) the maximum amount of matching contributions a candidate may receive under section 523; ``(vi) the maximum amount of enhanced matching contributions a candidate may receive under section 524; ``(vii) the amount and usage of vouchers under section 525; ``(viii) the overall satisfaction of participating candidates and the American public with the program; and ``(ix) such other matters relating to financing of Senate campaigns as the Commission determines are appropriate. ``(B) Criteria for review.--In conducting the review under subparagraph (A), the Commission shall consider the following: ``(i) Qualifying contributions and qualified small dollar contributions.--The Commission shall consider whether the number and dollar amount of qualifying contributions required and maximum dollar amount for such qualifying contributions and qualified small dollar contributions strikes a balance regarding the importance of voter involvement, the need to assure adequate incentives for participating, and fiscal responsibility, taking into consideration the number of primary and general election participating candidates, the electoral performance of those candidates, program cost, and any other information the Commission determines is appropriate. ``(ii) Review of program benefits.--The Commission shall consider whether the totality of the amount of funds allowed to be raised by participating candidates (including through qualifying contributions and small dollar contributions), allocations from the Fund under section 522, matching contributions under section 523, enhanced matching contributions under section 524, and vouchers under section 525 are sufficient for voters in each State to learn about the candidates to cast an informed vote, taking into account the historic amount of spending by winning candidates, media costs, primary election dates, and any other information the Commission determines is appropriate. ``(C) Recommendations for adjustment of amounts.-- Based on the review conducted under subparagraph (A), the Commission shall make recommendations to Congress for any adjustment of the following amounts: ``(i) The maximum dollar amount of qualified small dollar contributions under section 501(13)(C). ``(ii) The maximum and minimum dollar amounts for qualifying contributions under section 501(12)(A). ``(iii) The number and value of qualifying contributions a candidate is required to obtain under section 512(a)(1). ``(iv) The base amount for candidates under section 522(d). ``(v) The maximum amount of matching contributions a candidate may receive under section 523(b). ``(vi) The maximum amount of enhanced matching contributions a candidate may receive under section 524(c). ``(vii) The dollar amount for vouchers under section 525(c). ``(D) Report.--Not later than March 30 following any general election for Federal office, the Commission shall submit a report to Congress on the review conducted under subparagraph (A) and any recommendations developed under subparagraph (C). Such report shall contain a detailed statement of the findings, conclusions, and recommendations of the Commission based on such review. ``(b) Reports.--Not later than March 30, 2026, and every 2 years thereafter, the Commission shall submit to the Senate Committee on Rules and Administration a report documenting, evaluating, and making recommendations relating to the administrative implementation and enforcement of the provisions of this title. ``(c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the purposes of this subtitle. ``SEC. 532. VIOLATIONS AND PENALTIES. ``(a) Civil Penalty for Violation of Contribution and Expenditure Requirements.--If a candidate who has been certified as a participating candidate under section 514 accepts a contribution or makes an expenditure that is prohibited under section 513, the Commission shall assess a civil penalty against the candidate in an amount that is not more than 3 times the amount of the contribution or expenditure. Any amounts collected under this subsection shall be deposited into the Fund. ``(b) Repayment for Improper Use of Freedom From Influence Fund.-- ``(1) In general.--If the Commission determines that any benefit made available to a participating candidate under this title was not used as provided for in this title or that a participating candidate has violated any of the dates for remission of funds contained in this title, the Commission shall so notify the candidate and the candidate shall pay to the Fund an amount equal to-- ``(A) the amount of benefits so used or not remitted, as appropriate; and ``(B) interest on any such amounts (at a rate determined by the Commission). ``(2) Other action not precluded.--Any action by the Commission in accordance with this subsection shall not preclude enforcement proceedings by the Commission in accordance with section 309(a), including a referral by the Commission to the Attorney General in the case of an apparent knowing and willful violation of this title.''. SEC. 202. PROHIBITION ON JOINT FUNDRAISING COMMITTEES. Section 302(e) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30102(e)) is amended by adding at the end the following new paragraph: ``(6) No authorized committee of a participating candidate (as defined in section 501) may establish a joint fundraising committee with a political committee other than an authorized committee of a candidate.''. SEC. 203. EXCEPTION TO LIMITATION ON COORDINATED EXPENDITURES BY POLITICAL PARTY COMMITTEES WITH PARTICIPATING CANDIDATES. Section 315(d) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(d)) is amended-- (1) in paragraph (3)(A), by striking ``in the case of'' and inserting ``except as provided in paragraph (6), in the case of''; and (2) by adding at the end the following new paragraph: ``(6)(A) The limitation under paragraph (3)(A) shall not apply with respect to any expenditure from a qualified political party-participating candidate coordinated expenditure fund. ``(B) In this paragraph, the term `qualified political party-participating candidate coordinated expenditure fund' means a fund established by the national committee of a political party, or a State committee of a political party, including any subordinate committee of a State committee, for purposes of making expenditures in connection with the general election campaign of a candidate for election to the office of Senator who is a participating candidate (as defined in section 501), that only accepts qualified coordinated expenditure contributions. ``(C) In this paragraph, the term `qualified coordinated expenditure contribution' means, with respect to the general election campaign of a candidate for election to the office of Senator who is a participating candidate (as defined in section 501), any contribution (or series of contributions)-- ``(i) which is made by an individual who is not prohibited from making a contribution under this Act; and ``(ii) the aggregate amount of which does not exceed $500 per election.''. TITLE III--RESPONSIBILITIES OF THE FEDERAL ELECTION COMMISSION SEC. 301. PETITION FOR CERTIORARI. Section 307(a)(6) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30107(a)(6)) is amended by inserting ``(including a proceeding before the Supreme Court on certiorari)'' after ``appeal''. SEC. 302. ELECTRONIC FILING OF FEC REPORTS. Section 304(a)(11) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(a)(11)) is amended-- (1) in subparagraph (A), by striking ``under this Act--'' and all that follows and inserting ``under this Act shall be required to maintain and file such designation, statement, or report in electronic form accessible by computers.''; (2) in subparagraph (B), by striking ``48 hours'' and all that follows through ``filed electronically)'' and inserting ``24 hours''; and (3) by striking subparagraph (D). TITLE IV--REVENUE PROVISIONS SEC. 401. FREEDOM FROM INFLUENCE FUND REVENUE. (a) In General.--The Internal Revenue Code of 1986 is amended by inserting after chapter 36 the following new chapter: ``CHAPTER 37--TAX ON PAYMENTS PURSUANT TO CERTAIN GOVERNMENT CONTRACTS ``Sec. 4501. Imposition of tax. ``SEC. 4501. IMPOSITION OF TAX. ``(a) Tax Imposed.--There is hereby imposed on any payment made to a qualified person pursuant to a contract with the Government of the United States a tax equal to 0.50 percent of the amount paid. ``(b) Limitation.--The aggregate amount of tax imposed per contract under subsection (a) for any calendar year shall not exceed $500,000. ``(c) Qualified Person.--For purposes of this section, the term `qualified person' means any person which-- ``(1) is not a State or local government, a foreign nation, or an organization described in section 501(c)(3) which is exempt from taxation under section 501(a), and ``(2) has a contract with the Government of the United States with a value in excess of $10,000,000. ``(d) Payment of Tax.--The tax imposed by this section shall be paid by the person receiving such payment. ``(e) Use of Revenue Generated by Tax.--It is the sense of the Senate that amounts equivalent to the revenue generated by the tax imposed under this chapter should be appropriated for the financing of a Freedom From Influence Fund and used for the public financing of Senate elections.''. (b) Conforming Amendment.--The table of chapters of the Internal Revenue Code of 1986 is amended by inserting after the item relating to chapter 36 the following: ``Chapter 37--Tax on Payments Pursuant to Certain Government Contracts''. (c) Effective Date.--The amendments made by this section shall apply to contracts entered into after the date of the enactment of this Act. TITLE V--MISCELLANEOUS PROVISIONS SEC. 501. SEVERABILITY. If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. SEC. 502. EFFECTIVE DATE. (a) In General.--Except as may otherwise be provided in this Act and in the amendments made by this Act, this Act and the amendments made by this Act shall apply with respect to elections occurring during 2028 or any succeeding year, without regard to whether or not the Federal Election Commission has promulgated the final regulations necessary to carry out this Act and the amendments made by this Act by the deadline set forth in subsection (b). (b) Deadline for Regulations.--Not later than June 30, 2026, the Federal Election Commission shall promulgate such regulations as may be necessary to carry out this Act and the amendments made by this Act. <all>

Fair Elections Now Act of 2022

A bill to reform the financing of Senate elections, and for other purposes.

Fair Elections Now Act of 2022

Sen. Durbin, Richard J.

D

IL

S.3748

Labor and Employment

Job Protection Act This bill reduces from 12 months to 90 days the employment period required for employees (including federal employees) to become eligible for family and medical leave. Additionally, the bill makes the family and medical leave requirements applicable to all employers (currently, the requirements apply to employers with 50 or more employees).

To expand employees eligible for leave and employers subject to leave requirements. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Job Protection Act''. SEC. 2. EXPANSION OF EMPLOYEES ELIGIBLE FOR LEAVE. (a) In General.--Section 101(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended-- (1) in subparagraph (A), by striking ``employed--'' and all that follows through the end of the subparagraph and inserting ``employed for not less than 90 days by the employer with respect to whom leave is requested under section 102.''; (2) in subparagraph (B), by striking ``does not include--'' and all that follows through the end of the subparagraph and inserting ``does not include any Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code (as added by title II of this Act).''; (3) by striking subparagraphs (C) and (D); and (4) by redesignating subparagraph (E) as subparagraph (C). (b) Federal Employees.-- (1) Title 5.--Subchapter V of chapter 63 of title 5, United States Code, is amended-- (A) in section 6381(1)(B), by striking ``12 months'' and inserting ``90 days''; and (B) in section 6382(d)(2)(E), by striking ``12 months'' and inserting ``90 days''. (2) Presidential employees.--Section 412(a)(2)(B) of title 3, United States Code, is amended by striking ``12 months and for at least 1,250 hours of employment during the previous 12 months'' and inserting ``90 days''. (3) Congressional employees.--Section 202(a)(2)(B) of the Congressional Accountability Act of 1995 (2 U.S.C. 1312(a)(2)(B)) is amended by striking ``12 months and for at least 1,250 hours of employment during the previous 12 months'' and inserting ``90 days''. SEC. 3. EXPANSION OF EMPLOYERS SUBJECT TO LEAVE REQUIREMENTS. Section 101(4)(A)(i) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(4)(A)(i)) is amended by striking ``50 or more employees'' and all that follows through the end of the clause and inserting ``1 or more employees''. SEC. 4. APPLICABILITY. This Act, and the amendments made by this Act, shall apply with respect to leave taken on or after the date of enactment of this Act. <all>

Job Protection Act

A bill to expand employees eligible for leave and employers subject to leave requirements.

Job Protection Act

Sen. Smith, Tina

D

MN

H.R.5826

Science, Technology, Communications

This bill allows states to observe daylight savings time year-round. (States may already choose to observe standard time year-round.)

To allow States to elect to observe year-round daylight saving time, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. OPTIONAL YEAR-LONG APPLICATION OF DAYLIGHT SAVING TIME. Section 3(a) of the Uniform Time Act of 1966 (15 U.S.C. 260a) is amended-- (1) by inserting ``or may by law apply the advancement of time described in this section for the duration of the year,'' after ``may by law exempt itself from the provisions of this subsection providing for the advancement of time,''; (2) by striking ``the standard time otherwise applicable during that period'' and inserting ``the same standard time''; (3) by striking ``may by law exempt either the entire State as provided in (1) or'' and inserting ``, by law, may apply either standard time provided for in paragraph (1) to the entire State,''; and (4) by inserting ``, or may apply the advancement of time for the duration of the year to the entire area of the State lying within any time zone'' before the period at the end. <all>

To allow States to elect to observe year-round daylight saving time, and for other purposes.

To allow States to elect to observe year-round daylight saving time, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To allow States to elect to observe year-round daylight saving time, and for other purposes.

Rep. Rogers, Mike D.

R

AL

S.4007

Crime and Law Enforcement

Fighting Post-Traumatic Stress Disorder Act of 2022 This bill requires the Office of Community Oriented Policing Services within the Department of Justice to report on one or more proposed programs to make treatment or preventative care available to public safety officers and public safety telecommunicators for job-related post-traumatic stress disorder or acute stress disorder. The report must also include draft legislative language related to each proposed program, as well as the estimated cost for administering each proposed program.

To require the Attorney General to propose a program for making treatment for post-traumatic stress disorder and acute stress disorder available to public safety officers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fighting Post-Traumatic Stress Disorder Act of 2022''. SEC. 2. FINDINGS. Congress finds the following: (1) Public safety officers serve their communities with bravery and distinction in order to keep their communities safe. (2) Public safety officers, including police officers, firefighters, emergency medical technicians, and 911 dispatchers, are on the front lines of dealing with situations that are stressful, graphic, harrowing, and life-threatening. (3) The work of public safety officers puts them at risk for developing post-traumatic stress disorder and acute stress disorder. (4) It is estimated that 30 percent of public safety officers develop behavioral health conditions at some point in their lifetimes, including depression and post-traumatic stress disorder, in comparison to 20 percent of the general population that develops such conditions. (5) Victims of post-traumatic stress disorder and acute stress disorder are at a higher risk of dying by suicide. (6) Firefighters have been reported to have higher suicide attempt and ideation rates than the general population. (7) It is estimated that between 125 and 300 police officers die by suicide every year. (8) In 2019, pursuant to section 2(b) of the Law Enforcement Mental Health and Wellness Act of 2017 (Public Law 115-113; 131 Stat. 2276), the Director of the Office of Community Oriented Policing Services of the Department of Justice developed a report (referred to in this section as the ``LEMHWA report'') that expressed that many law enforcement agencies do not have the capacity or local access to the mental health professionals necessary for treating their law enforcement officers. (9) The LEMHWA report recommended methods for establishing remote access or regional mental health check programs at the State or Federal level. (10) Individual police and fire departments generally do not have the resources to employ full-time mental health experts who are able to treat public safety officers with state-of-the-art techniques for the purpose of treating job- related post-traumatic stress disorder and acute stress disorder. SEC. 3. PROGRAMMING FOR POST-TRAUMATIC STRESS DISORDER. (a) Definitions.--In this section: (1) Public safety officer.--The term ``public safety officer''-- (A) has the meaning given the term in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284); and (B) includes Tribal public safety officers. (2) Public safety telecommunicator.--The term ``public safety telecommunicator'' means an individual who-- (A) operates telephone, radio, or other communication systems to receive and communicate requests for emergency assistance at 911 public safety answering points and emergency operations centers; (B) takes information from the public and other sources relating to crimes, threats, disturbances, acts of terrorism, fires, medical emergencies, and other public safety matters; and (C) coordinates and provides information to law enforcement and emergency response personnel. (b) Report.--Not later than 150 days after the date of enactment of this Act, the Attorney General, acting through the Director of the Office of Community Oriented Policing Services of the Department of Justice, shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on-- (1) not fewer than 1 proposed program, if the Attorney General determines it appropriate and feasible to do so, to be administered by the Department of Justice for making state-of- the-art treatments or preventative care available to public safety officers and public safety telecommunicators with regard to job-related post-traumatic stress disorder or acute stress disorder by providing public safety officers and public safety telecommunicators access to evidence-based trauma-informed care, peer support, counselor services, and family supports for the purpose of treating or preventing post-traumatic stress disorder or acute stress disorder; (2) a draft of any necessary grant conditions required to ensure that confidentiality is afforded to public safety officers on account of seeking the care or services described in paragraph (1) under the proposed program; (3) how each proposed program described in paragraph (1) could be most efficiently administered throughout the United States at the State, Tribal, territorial, and local levels, taking into account in-person and telehealth capabilities; (4) a draft of legislative language necessary to authorize each proposed program described in paragraph (1); and (5) an estimate of the amount of annual appropriations necessary for administering each proposed program described in paragraph (1). (c) Development.--In developing the report required under subsection (b), the Attorney General shall consult relevant stakeholders, including-- (1) Federal, State, Tribal, territorial, and local agencies employing public safety officers and public safety telecommunicators; and (2) non-governmental organizations, international organizations, academies, or other entities, including organizations that support the interests of public safety officers and public safety telecommunicators and the interests of family members of public safety officers and public safety telecommunicators. Passed the Senate August 1, 2022. Attest: Secretary. 117th CONGRESS 2d Session S. 4007 _______________________________________________________________________

Fighting Post-Traumatic Stress Disorder Act of 2022

A bill to require the Attorney General to propose a program for making treatment for post-traumatic stress disorder and acute stress disorder available to public safety officers, and for other purposes.

Fighting Post-Traumatic Stress Disorder Act of 2022 Fighting Post-Traumatic Stress Disorder Act of 2022 Fighting Post-Traumatic Stress Disorder Act of 2022

Sen. Grassley, Chuck

R

IA

S.3571

Environmental Protection

Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2022 This bill promotes the remediation of abandoned hardrock mine sites by Good Samaritans. A Good Samaritan means a person that is (1) not a past or current owner or operator of the abandoned site; (2) had no role in the creation of the historic mine residue; and (3) is not potentially liable under any law for the remediation, treatment, or control of the historic mine residue. The bill requires the Environmental Protection Agency (EPA) to establish a Good Samaritan pilot program. Under the program, the EPA may issue permits to allow Good Samaritans to remediate historic mine residue at abandoned hardrock mine sites without assuming liability under specified environmental laws for past, present, or future releases, threats of releases, or discharges of hazardous substances or other contaminants at or from the abandoned mine site. In addition, the bill establishes a Good Samaritan Mine Remediation Fund for land management agencies that authorize Good Samaritans to conduct remediation projects on federal land.

To promote remediation of abandoned hardrock mines, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2022''. SEC. 2. DEFINITIONS. In this Act: (1) Abandoned mine site.-- (A) In general.--The term ``abandoned mine site'' means an abandoned or inactive hardrock mine site and any facility associated with an abandoned or inactive hardrock mine site-- (i) that was used for the production of a mineral other than coal conducted on Federal land under sections 2319 through 2352 of the Revised Statutes (commonly known as the ``Mining Law of 1872''; 30 U.S.C. 22 et seq.) or on non-Federal land; and (ii) for which, based on information supplied by the Good Samaritan after review of publicly available data and after review of other information in the possession of the Administrator, the Administrator or, in the case of a site on land owned by the United States, the Federal land management agency, determines that no responsible owner or operator has been identified-- (I) who is potentially liable for, or has been required to perform or pay for, environmental remediation activities under applicable law; and (II) other than, in the case of a mine site located on land owned by the United States, a Federal land management agency that has not been involved in mining activity on that land, except that the approval of a plan of operations under the hardrock mining regulations of the applicable Federal land management agency shall not be considered involvement in the mining activity. (B) Inclusion.--The term ``abandoned mine site'' includes a hardrock mine site (including associated facilities) that was previously the subject of a completed response action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or a similar Federal and State reclamation or cleanup program, including the remediation of mine-scarred land under the brownfields revitalization program under section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)). (C) Exclusions.--The term ``abandoned mine site'' does not include a mine site (including associated facilities)-- (i) in a temporary shutdown or cessation; (ii) included on the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)) or proposed for inclusion on that list; (iii) that is the subject of a planned or ongoing response action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or a similar Federal and State reclamation or cleanup program; (iv) that has a responsible owner or operator; or (v) that actively mined or processed minerals after December 11, 1980. (2) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (3) Applicable water quality standards.--The term ``applicable water quality standards'' means the water quality standards promulgated by the Administrator or adopted by a State or Indian tribe and approved by the Administrator pursuant to the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (4) Cooperating person.-- (A) In general.--The term ``cooperating person'' means any person that is named by the Good Samaritan in the permit application as a cooperating entity. (B) Exclusion.--The term ``cooperating person'' does not include a responsible owner or operator. (5) Federal land management agency.--The term ``Federal land management agency'' means any Federal agency authorized by law or Executive order to exercise jurisdiction, custody, or control over land owned by the United States. (6) Good samaritan.--The term ``Good Samaritan'' means a person that, with respect to historic mine residue, as determined by the Administrator-- (A) is not a past or current owner or operator of-- (i) the abandoned mine site at which the historic mine residue is located; or (ii) a portion of that abandoned mine site; (B) had no role in the creation of the historic mine residue; and (C) is not potentially liable under any Federal, State, Tribal, or local law for the remediation, treatment, or control of the historic mine residue. (7) Good samaritan permit.--The term ``Good Samaritan permit'' means a permit granted by the Administrator under section 4(a)(1). (8) Historic mine residue.-- (A) In general.--The term ``historic mine residue'' means mine residue or any condition at an abandoned mine site resulting from hardrock mining activities conducted on-- (i) Federal land under sections 2319 through 2352 of the Revised Statutes (commonly known as the ``Mining Law of 1872''; 30 U.S.C. 22 et seq.); or (ii) State, Tribal, or private land. (B) Inclusions.--The term ``historic mine residue'' includes-- (i) previously mined ores and minerals other than coal that contribute to acid mine drainage or other pollution; (ii) equipment (including materials in equipment); (iii) any tailings, heap leach piles, dump leach piles, waste rock, overburden, slag piles, or other waste or material resulting from any extraction, beneficiation, or other processing activity that occurred during the active operation of an abandoned mine site; (iv) any acidic or otherwise polluted flow in surface water or groundwater that originates from, or is pooled and contained in, an inactive or abandoned mine site, such as underground workings, open pits, in-situ leaching operations, ponds, or impoundments; (v) any hazardous substance (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)); (vi) any pollutant or contaminant (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)); and (vii) any pollutant (as defined in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362)). (9) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 518(h) of the Federal Water Pollution Control Act (33 U.S.C. 1377(h)). (10) Investigative sampling permit.--The term ``investigative sampling permit'' means a permit granted by the Administrator under section 4(d)(1). (11) Person.--The term ``person'' means any entity described in-- (A) section 502(5) of the Federal Water Pollution Control Act (33 U.S.C. 1362(5)); and (B) section 101(21) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(21)). (12) Remediation.-- (A) In general.--The term ``remediation'' means any action taken to investigate, characterize, or cleanup, in whole or in part, a discharge, release, or threat of release of a hazardous substance, pollutant, or contaminant into the environment at or from an abandoned mine site, or to otherwise protect and improve human health and the environment. (B) Inclusion.--The term ``remediation'' includes any action to remove, treat, or contain historic mine residue to prevent, minimize, or reduce-- (i) the release or threat of release of a hazardous substance, pollutant, or contaminant that would harm human health or the environment; or (ii) a migration or discharge of a hazardous substance, pollutant, or contaminant that would harm human health or the environment. (C) Exclusion for state, tribal, or private land.-- In the case of a project to remediate historic mine residue at any portion of an abandoned mine site on State, Tribal, or private land, the term ``remediation'' does not include any action that requires plugging, opening, or otherwise altering the portal or adit of the abandoned mine site. (13) Reservation.--The term ``reservation'' has the meaning given the term ``Indian country'' in section 1151 of title 18, United States Code. (14) Responsible owner or operator.--The term ``responsible owner or operator'' means a person that is-- (A)(i) legally responsible under section 301 of the Federal Water Pollution Control Act (33 U.S.C. 1311) for a discharge that originates from an abandoned mine site; and (ii) financially able to comply with each requirement described in that section; or (B)(i) a present or past owner or operator or other person that is liable with respect to a release or threat of release of a hazardous substance, pollutant, or contaminant associated with the historic mine residue at or from an abandoned mine site under section 104, 106, 107, or 113 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604, 9606, 9607, 9613); and (ii) financially able to comply with each requirement described in those sections, as applicable. SEC. 3. SCOPE. Nothing in this Act-- (1) reduces any existing liability; (2) releases any person from liability, except in compliance with this Act; (3) authorizes the conduct of any mining or processing other than the conduct of any processing of previously mined ores, minerals, wastes, or other materials that is authorized by a Good Samaritan permit; (4) imposes liability on the United States or a Federal land management agency pursuant to section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) or section 301 of the Federal Water Pollution Control Act (33 U.S.C. 1311); or (5) relieves the United States or any Federal land management agency from any liability under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) or section 301 of the Federal Water Pollution Control Act (33 U.S.C. 1311) that exists apart from any action undertaken pursuant to this Act. SEC. 4. ABANDONED MINE SITE GOOD SAMARITAN PILOT PROJECT AUTHORIZATION. (a) Establishment.-- (1) In general.--The Administrator shall establish a pilot program under which the Administrator shall grant not more than 15 Good Samaritan permits to carry out projects to remediate historic mine residue at any portions of abandoned mine sites in accordance with this Act. (2) Oversight of permits.--The Administrator may oversee the remediation project under paragraph (1), and any action taken by the applicable Good Samaritan or any cooperating person under the applicable Good Samaritan permit, for the duration of the Good Samaritan permit, as the Administrator determines to be necessary to review the status of the project. (b) Good Samaritan Permit Eligibility.-- (1) In general.--To be eligible to receive a Good Samaritan permit to carry out a project to remediate an abandoned mine site, a person shall demonstrate that-- (A) the abandoned mine site that is the subject of the application for a Good Samaritan permit is located in the United States; (B) the purpose of the proposed project is the remediation at that abandoned mine site of historic mine residue; (C) the proposed activities are designed to result in the partial or complete remediation of historic mine residue at the abandoned mine site; (D) the proposed project poses a low risk to the environment; (E) to the satisfaction of the Administrator, the person-- (i) possesses, or has the ability to secure, the financial and other resources necessary-- (I) to complete the permitted work, as determined by the Administrator; and (II) to address any contingencies identified in the Good Samaritan permit application described in subsection (c); (ii) possesses the proper and appropriate experience and capacity to complete the permitted work; and (iii) will complete the permitted work; and (F) the person is a Good Samaritan with respect to the historic mine residue proposed to be covered by the Good Samaritan permit. (2) Identification of all responsible owners or operators.-- (A) In general.--A Good Samaritan shall make reasonable and diligent efforts to identify, from a review of publicly available information in land records or on internet websites of Federal, State, and local regulatory authorities, all responsible owners or operators of an abandoned mine site proposed to be remediated by the Good Samaritan under this section. (B) Existing responsible owner or operator.--If the Administrator determines, based on information provided by a Good Samaritan or otherwise, that a responsible owner or operator exists for an abandoned mine site proposed to be remediated by the Good Samaritan, the Administrator shall deny the application for a Good Samaritan permit. (c) Application for Permits.--To obtain a Good Samaritan permit, a person shall submit to the Administrator an application, signed by the person and any cooperating person, that provides, to the extent known or reasonably discoverable by the person on the date on which the application is submitted-- (1) a description of the abandoned mine site (including the boundaries of the abandoned mine site) proposed to be covered by the Good Samaritan permit; (2) a description of all parties proposed to be involved in the remediation project, including any cooperating person and each member of an applicable corporation, association, partnership, consortium, joint venture, commercial entity, or nonprofit association; (3) evidence that the person has or will acquire all legal rights or the authority necessary to enter the relevant abandoned mine site and perform the remediation described in the application; (4) a detailed description of the historic mine residue to be remediated; (5) a detailed description of the expertise and experience of the person and the resources available to the person to successfully implement and complete the remediation plan under paragraph (7); (6) to the satisfaction of the Administrator and subject to subsection (d), a description of the baseline environmental conditions, including potentially affected surface water quality and hydrological conditions, affected by the historic mine residue to be remediated that includes-- (A) the nature and extent of any adverse impact on the water quality of any body of water caused by the drainage of historic mine residue or other discharges from the abandoned mine site; (B) the flow rate and concentration of any drainage of historic mine residue or other discharge from the abandoned mine site in any body of water that has resulted in an adverse impact described in subparagraph (A); and (C) any other release or threat of release of historic mine residue that has resulted in an adverse impact to public health or the environment; (7) subject to subsection (d), a remediation plan for the abandoned mine site that describes-- (A) the nature and scope of the proposed remediation activities, including-- (i) any historic mine residue to be addressed by the remediation plan; and (ii) a description of the goals of the remediation including, if applicable, with respect to-- (I) the reduction or prevention of a release, threat of release, or discharge to surface waters; or (II) other appropriate goals relating to water or soil; (B) each activity that the person proposes to take that is designed-- (i) to improve or enhance water quality or site-specific soil quality relevant to the historic mine residue addressed by the remediation plan, including making measurable progress toward achieving applicable water quality standards; or (ii) to otherwise protect human health and the environment (including through the prevention of a release, discharge, or threat of release to water or soil); (C) the monitoring or other form of assessment that will be undertaken by the person to evaluate the success of the activities described in subparagraph (A) during and after the remediation, with respect to the baseline conditions, as described in paragraph (6); (D) to the satisfaction of the Administrator, detailed engineering plans for the project; (E) detailed plans for any proposed recycling or reprocessing of historic mine residue to be conducted by the person (including a description of how all proposed recycling or reprocessing activities contribute to the remediation of the abandoned mine site); and (F) identification of any proposed contractor that will perform any remediation activity; (8) subject to subsection (d), a schedule for the work to be carried out under the project, including a schedule for periodic reporting by the person on the remediation of the abandoned mine site; (9) subject to subsection (d), in the case of a remediation activity that requires plugging, opening, or otherwise altering the portal or adit of an abandoned mine site, an evaluation of abandoned mine site conditions, including an assessment of any pooled water or hydraulic pressure in the abandoned mine site conducted by a licensed professional engineer; (10) a health and safety plan that is specifically designed for mining remediation work; (11) a specific contingency plan that-- (A) includes provisions on response and notification to Federal, State, and local authorities with jurisdiction over downstream waters that have the potential to be impacted by an unplanned release or discharge of hazardous substances, pollutants, or contaminants; and (B) is designed to respond to unplanned adverse events (such as potential fluid release that may result from addressing pooled water or hydraulic pressure situations), including the sudden release of historic mine residue; (12) subject to subsection (d), a project budget and description of financial resources that demonstrate that the permitted work, including any operation and maintenance, will be completed; (13) subject to subsection (d), information demonstrating that the applicant has the financial resources to carry out the remediation (including any long-term monitoring that may be required by the Good Samaritan permit) or the ability to secure an appropriate third-party financial assurance, as determined by the Administrator, to ensure completion of the permitted work, including any long-term operations and maintenance of remediation activities that may be-- (A) proposed in the application for the Good Samaritan permit; or (B) required by the Administrator as a condition of granting the permit; (14) subject to subsection (d), a detailed plan for any required operation and maintenance of any remediation, including a timeline, if necessary; (15) subject to subsection (d), a description of any planned post-remediation monitoring, if necessary; and (16) subject to subsection (d), any other appropriate information, as determined by the Administrator or the applicant. (d) Investigative Sampling.-- (1) Investigative sampling permits.--The Administrator may grant an investigative sampling permit for a period determined by the Administrator to authorize a person to conduct investigative sampling of historic mine residue, soil, or water to determine-- (A) baseline conditions; and (B) whether the person-- (i) is willing to perform further remediation to address the historic mine residue; and (ii) will proceed with a permit conversion under subsection (e)(1). (2) Application.--If a person proposes to conduct investigative sampling, the person shall submit to the Administrator an investigative sampling permit application that contains, to the satisfaction of the Administrator-- (A) each description required under paragraphs (1), (2), (5), and (6) of subsection (c); (B) the evidence required under subsection (c)(3); (C) each plan required under paragraphs (10) and (11) of subsection (c); and (D) a detailed plan of the investigative sampling. (3) Permit limitations.-- (A) In general.--If a person submits an application that proposes only investigative sampling of historic mine residue, soil, or water that only includes the requirements described in paragraph (2), the Administrator may only grant an investigative sampling permit that authorizes the person only to carry out the plan of investigative sampling of historic mine residue, soil, or water, as described in the investigative sampling permit application under paragraph (2). (B) Reprocessing.--An investigative sampling permit-- (i) shall not authorize a Good Samaritan or cooperating person to conduct any reprocessing of material; and (ii) may authorize metallurgical testing to determine whether reprocessing under subsection (f)(5)(B) is feasible. (4) Requirements relating to samples.--In conducting investigative sampling of historic mine residue, soil, or water, a person shall-- (A) collect samples that are representative of the conditions present at the abandoned mine site that is the subject of the investigative sampling permit; and (B) retain publicly available records of all sampling events for a period of not less than 3 years. (5) Post-sampling remediation.-- (A) Refusal to convert permit.--Subject to subparagraph (B), a person who obtains an investigative sampling permit may decline to apply to convert the investigative sampling permit into a Good Samaritan permit under paragraph (6) and decline to undertake remediation on conclusion of investigative sampling. (B) Return to preexisting conditions.--If the activities carried out by a person under an investigative sampling permit result in surface water quality conditions, or any other environmental conditions, that are worse than the preexisting conditions of the applicable abandoned mine site due to historic mine residue at the abandoned mine site, the person shall undertake actions to return the abandoned mine site to those preexisting conditions. (6) Permit conversion.--Not later than 1 year after the date on which the investigative sampling under the investigative sampling permit concludes, a person to whom an investigative sampling permit is granted under paragraph (1) may apply to convert an investigative sampling permit into a Good Samaritan permit under subsection (e)(1). (e) Investigative Sampling Conversion.-- (1) In general.--A person to which an investigative sampling permit was granted may submit to the Administrator an application in accordance with paragraph (2) to convert the investigative sampling permit into a Good Samaritan permit. (2) Application.-- (A) Investigative sampling.--An application for the conversion of an investigative sampling permit under paragraph (1) shall include any requirement described in subsection (c) that was not included in full in the application submitted under subsection (d)(2). (B) Public notice and comment.--An application for permit conversion under this paragraph shall be subject to-- (i) environmental review and public comment procedures required by subsection (l); and (ii) a public hearing, if requested. (f) Content of Permits.-- (1) In general.--A Good Samaritan permit shall contain-- (A) the information described in subsection (c), including any modification required by the Administrator; (B)(i) a provision that states that the Good Samaritan is responsible for securing, for all activities authorized under the Good Samaritan permit, all authorizations, licenses, and permits that are required under applicable law except for-- (I) section 301, 302, 306, 307, 402, or 404 of the Federal Water Pollution Control Act (33 U.S.C. 1311, 1312, 1316, 1317, 1342, 1344); and (II) authorizations, licenses, and permits that would not need to be obtained if the remediation was conducted pursuant to section 121 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621); or (ii) in the case of an abandoned mine site in a State that is authorized to implement State law pursuant to section 402 or 404 of the Federal Water Pollution Control Act (33 U.S.C. 1342, 1344) or on land of an Indian tribe that is authorized to implement Tribal law pursuant to that section, a provision that states that the Good Samaritan is responsible for securing, for all activities authorized under the Good Samaritan permit, all authorizations, licenses, and permits that are required under applicable law, except for-- (I) the State or Tribal law, as applicable; and (II) authorizations, licenses, and permits that would not need to be obtained if the remediation was conducted pursuant to section 121 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621); (C) specific public notification requirements, including the contact information for all appropriate response centers in accordance with subsection (o); (D) in the case of a project on land owned by the United States, a notice that the Good Samaritan permit serves as an agreement for use and occupancy of Federal land that is enforceable by the applicable Federal land management agency; and (E) any other terms and conditions determined to be appropriate by the Administrator or the Federal land management agency, as applicable. (2) Force majeure.--A Good Samaritan permit may include, at the request of the Good Samaritan, a provision that a Good Samaritan may assert a claim of force majeure for any violation of the Good Samaritan permit caused solely by-- (A) an act of God; (B) an act of war; (C) negligence on the part of the United States; (D) an act or omission of a third party, if the Good Samaritan-- (i) exercises due care with respect to the actions of the Good Samaritan under the Good Samaritan permit, as determined by the Administrator; (ii) took precautions against foreseeable acts or omissions of the third party, as determined by the Administrator; and (iii) uses reasonable efforts-- (I) to anticipate any potential force majeure; and (II) to address the effects of any potential force majeure; or (E) a public health emergency declared by the Federal Government or a global government, such as a pandemic or an epidemic. (3) Monitoring.-- (A) In general.--The Good Samaritan shall take such actions as the Good Samaritan permit requires to ensure appropriate baseline monitoring, monitoring during the remediation project, and post-remediation monitoring of the environment under paragraphs (6), (7), and (15), respectively, of subsection (c). (B) Multiparty monitoring.--The Administrator may approve in a Good Samaritan permit the monitoring by multiple cooperating persons if, as determined by the Administrator-- (i) the multiparty monitoring will effectively accomplish the goals of this section; and (ii) the Good Samaritan remains responsible for compliance with the terms of the Good Samaritan permit. (4) Signature by good samaritan.--The signature of the relevant Good Samaritan and a cooperating person, if any, on the Good Samaritan permit shall be considered to be an acknowledgment by the Good Samaritan that the Good Samaritan accepts the terms and conditions of the Good Samaritan permit. (5) Other development.-- (A) No authorization of mining activities.--No mineral exploration, processing, beneficiation, or mining shall be-- (i) authorized by this Act; or (ii) covered by any waiver of liability provided by this Act from applicable law. (B) Reprocessing of materials.--A Good Samaritan may reprocess materials recovered during the implementation of a remediation plan only if-- (i) the project under the Good Samaritan permit is on land owned by the United States; (ii) the applicable Federal land management agency has signed a decision document under subsection (l)(2)(G) approving reprocessing as part of a remediation plan; (iii) the proceeds from the sale or use of the materials are used-- (I) to defray the costs of the remediation; and (II) to the extent required by the Good Samaritan permit, to reimburse the Administrator or the head of a Federal land management agency for any costs incurred for oversight of the Good Samaritan; and (iv) any remaining proceeds are deposited into the Good Samaritan Mine Remediation Fund established by section 5(a). (C) Connection with other activities.--The commingling or association of any other discharge of water or historic mine residue or any activity, project, or operation conducted on or after the date of enactment of this Act with any aspect of a project subject to a Good Samaritan permit shall not limit or reduce the liability of any person associated with the other discharge of water or historic mine residue or activity, project, or operation. (g) Additional Work.--A Good Samaritan permit may allow the Good Samaritan to return to the abandoned mine site after the completion of the remediation to perform operations and maintenance or other work-- (1) to ensure the functionality of the abandoned mine site; or (2) to protect public health and the environment. (h) Timing.--Work authorized under a Good Samaritan permit-- (1) shall commence, as applicable-- (A) not later than the date that is 18 months after the date on which the Administrator granted the Good Samaritan permit, unless the Administrator grants an extension under subsection (r)(3)(B)(i); or (B) if the grant of the Good Samaritan permit is the subject of a petition for judicial review, not later than the date that is 18 months after the date on which the judicial review, including any appeals, has concluded; and (2) shall continue until completed, with temporary suspensions permitted during adverse weather or other conditions specified in the Good Samaritan permit. (i) Transfer of Permits.--A Good Samaritan permit may be transferred to another person only if-- (1) the Administrator determines that the transferee qualifies as a Good Samaritan; (2) the transferee signs, and agrees to be bound by the terms of, the permit; (3) the Administrator includes in the transferred permit any additional conditions necessary to meet the goals of this section; and (4) in the case of a project under the Good Samaritan permit on land owned by the United States, the head of the applicable Federal land management agency approves the transfer. (j) Role of Administrator and Federal Land Management Agencies.--In carrying out this section-- (1) the Administrator shall-- (A) consult with prospective applicants; (B) convene, coordinate, and lead the application review process; (C) maintain all records relating to the Good Samaritan permit and the permit process; (D) in the case of a proposed project on State, Tribal, or private land, provide an opportunity for cooperating persons and the public to participate in the Good Samaritan permit process, including-- (i) carrying out environmental review and public comment procedures pursuant to subsection (l); and (ii) a public hearing, if requested; and (E) enforce and otherwise carry out this section; and (2) the head of an applicable Federal land management agency shall-- (A) in the case of a proposed project on land owned by the United States, provide an opportunity for cooperating persons and the public to participate in the Good Samaritan permit process, including-- (i) carrying out environmental review and public comment procedures pursuant to subsection (l); and (ii) a public hearing, if requested; and (B) in coordination with the Administrator, enforce Good Samaritan permits issued under this section for projects on land owned by the United States. (k) State, Local, and Tribal Governments.--As soon as practicable, but not later than 14 days after the date on which the Administrator receives an application for the remediation of an abandoned mine site under this section, the Administrator shall provide notice and a copy of the application to-- (1) each local government with jurisdiction over a drinking water utility, and each Indian tribe with reservation or off- reservation treaty rights to land or water, located downstream from a proposed remediation project that is reasonably anticipated to be adversely impacted by a potential release of contaminants from the abandoned mine site, as determined by the Administrator; (2) each Federal, State, and Tribal agency that may have an interest in the application; and (3) in the case of an abandoned mine site that is located partially or entirely on land owned by the United States, the Federal land management agency with jurisdiction over that land. (l) Environmental Review and Public Comment.-- (1) In general.--Before the issuance of a Good Samaritan permit to carry out a project for the remediation of an abandoned mine site, the Administrator shall ensure that environmental review and public comment procedures are carried out with respect to the proposed project. (2) Relation to nepa.-- (A) Major federal action.--Subject to subparagraph (F), the issuance or modification of a Good Samaritan permit by the Administrator shall be considered a major Federal action for purposes of section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). (B) Lead agency.--The lead agency for purposes of an environmental assessment and public comment under this subsection shall be-- (i) in the case of a proposed project on land owned by the United States, the applicable Federal land management agency; and (ii) in the case of a proposed project on State, Tribal, or private land, the Administrator. (C) Coordination.--To the maximum extent practicable, the lead agency described in subparagraph (B) shall coordinate procedures under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with State, Tribal, and Federal cooperating agencies, as applicable. (D) Cooperating agency.--In the case of a proposed project on land owned by the United States, the Administrator shall be a cooperating agency for purposes of an environmental assessment and public comment under this subsection. (E) Single nepa document.--The lead agency described in subparagraph (B) may conduct a single environmental assessment for-- (i) the issuance of a Good Samaritan permit; (ii) any activities authorized by a Good Samaritan permit; and (iii) any applicable permits required by the Secretary of the Interior or the Secretary of Agriculture. (F) Significant impacts.--A Good Samaritan permit may only be issued if the head of the lead agency makes a finding of no significant impact supported by the environmental assessment conducted pursuant to this subsection. (G) Decision document.--An approval or denial of a Good Samaritan permit may be issued as a single decision document that is signed by-- (i) the Administrator; and (ii) in the case of a project on land owned by the United States, the head of the applicable Federal land management agency. (H) Limitation.--Nothing in this paragraph exempts the Secretary of Agriculture or the Secretary of the Interior, as applicable, from any other requirements of section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). (m) Permit Grant.-- (1) In general.--The Administrator may grant a Good Samaritan permit to carry out a project for the remediation of an abandoned mine site only if-- (A) the Administrator determines that-- (i) the person seeking the permit is a Good Samaritan; (ii) the application described in subsection (c) is complete; (iii) the project is designed to remediate historic mine residue at the abandoned mine site to protect public health and the environment; (iv) the proposed project is designed to meet all other goals, as determined by the Administrator, including any goals set forth in the application for the Good Samaritan permit that are accepted by the Administrator; (v) the proposed activities, as compared to the baseline conditions described in subsection (c)(6)-- (I) will make measurable progress toward achieving applicable water quality standards; or (II) are designed to result in-- (aa) improved soil quality or other environmental or safety conditions; or (bb) reductions in further threats to soil quality or other environmental or safety conditions; (vi) the applicant has-- (I) demonstrated that the applicant has the proper and appropriate experience and capacity to complete the permitted work; (II) demonstrated that the applicant will complete the permitted work; (III) the financial and other resources to address any contingencies identified in the Good Samaritan permit application described in subsections (b) and (c); (IV) granted access and provided the authority to review the records of the applicant relevant to compliance with the requirements of the Good Samaritan permit; and (V) demonstrated, to the satisfaction of the Administrator, that-- (aa) the applicant has, or has access to, the financial resources to complete the project described in the Good Samaritan permit application, including any long-term monitoring and operations and maintenance that the Administrator may require the applicant to perform in the Good Samaritan permit; or (bb) the applicant has established a third-party financial assurance mechanism, such as a corporate guarantee from a parent or other corporate affiliate, letter of credit, trust, surety bond, or insurance to assure that funds are available to complete the permitted work, including for operations and maintenance and to address potential contingencies, that establishes the Administrator or the head of the Federal land management agency as the beneficiary of the third-party financial assurance mechanism and that allows the Administrator to retain and use the funds from the financial assurance mechanism in the event the Good Samaritan does not complete the remediation under the Good Samaritan permit; and (vii) the project meets the requirements of this Act; (B) the State or Indian tribe with jurisdiction over land on which the abandoned mine site is located has been given an opportunity to review and, if necessary, comment on the grant of the Good Samaritan permit; (C) in the case of a project proposed to be carried out under the Good Samaritan permit partially or entirely on land owned by the United States, pursuant to subsection (l), the head of the applicable Federal land management agency has signed a decision document approving the proposed project; and (D) the Administrator or head of the Federal land management agency, as applicable, has provided-- (i) environmental review and public comment procedures required by subsection (l); and (ii) a public hearing under that subsection, if requested. (2) Deadline.-- (A) In general.--The Administrator shall grant or deny a Good Samaritan permit by not later than-- (i) the date that is 180 days after the date of receipt by the Administrator of an application for the Good Samaritan permit that, as determined by the Administrator, is complete and meets all applicable requirements of subsection (c); or (ii) such later date as may be determined by the Administrator with notification provided to the applicant. (B) Constructive denial.--If the Administrator fails to grant or deny a Good Samaritan permit by the applicable deadline described in subparagraph (A), the application shall be considered to be denied. (3) Discretionary action.--The issuance of a permit by the Administrator and the approval of a project by the head of an applicable Federal land management agency shall be considered to be discretionary actions taken in the public interest. (n) Effect of Permits.-- (1) In general.--A Good Samaritan, recipient of an investigative sampling permit, and any cooperating person undertaking remediation activities identified in, carried out pursuant to, and in compliance with, a Good Samaritan permit-- (A) shall be considered to be in compliance with all requirements (including permitting requirements) under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) (including any law or regulation implemented by a State or Indian tribe under section 402 or 404 of the Federal Water Pollution Control Act (33 U.S.C. 1342, 1344)) and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) during the term of the Good Samaritan permit and after the termination of the Good Samaritan permit; (B) shall not be required to obtain a permit under, or to comply with, section 301, 302, 306, 307, 402, or 404 of the Federal Water Pollution Control Act (33 U.S.C. 1311, 1312, 1316, 1317, 1342, 1344), or any State or Tribal standards or regulations approved by the Administrator under those sections of that Act, during the term of the Good Samaritan permit and after the termination of the Good Samaritan permit; and (C) shall not be required to obtain any authorizations, licenses, or permits that would otherwise not need to be obtained if the remediation was conducted pursuant to section 121 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621). (2) Activities not relating to remediation.-- (A) In general.--Any person (including a Good Samaritan or any cooperating person) that carries out any activity relating to mineral exploration, processing, beneficiation, or mining, including development, that is not authorized by the applicable Good Samaritan permit shall be subject to all applicable law. (B) Liability.--Any activity not authorized by a Good Samaritan permit, as determined by the Administrator, may be subject to liability and enforcement under all applicable law, including-- (i) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and (ii) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (3) No enforcement liability for good samaritans.-- (A) Discharges.--Subject to subparagraphs (B) and (C), a Good Samaritan, recipient of an investigative sampling permit, or cooperating person that is conducting a remediation activity identified in, pursuant to, and in compliance with, a Good Samaritan permit shall not be subject to enforcement, civil or criminal penalties, citizen suits, or any other liability (including any liability for response costs, natural resource damage, or contribution) under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) (including under any law or regulation administered by a State or Indian tribe under that Act) or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) for any actions undertaken or for any past, present, or future releases, threats of releases, or discharges of hazardous substances, pollutants, or contaminants at or from the abandoned mine site that is the subject of the Good Samaritan permit (including any releases, threats of releases, or discharges that occurred prior to the grant of the Good Samaritan permit) during the term of the Good Samaritan permit and after termination of the Good Samaritan permit. (B) Other parties.--Nothing in subparagraph (A) limits the liability of any person that is not described in that subparagraph. (C) Violation of a permit prior to termination.-- Notwithstanding subparagraph (A), if a Good Samaritan or cooperating person violates the terms of a Good Samaritan permit and that violation results in surface water quality or other environmental conditions that are measurably worse than baseline conditions at the abandoned mine site, the Administrator shall-- (i) notify the Good Samaritan and the cooperating person of the violation; and (ii) require the Good Samaritan or the cooperating person, as applicable, to undertake reasonable measures, as determined by the Administrator, to return surface water quality or other environmental conditions to the condition that existed prior to the violation. (4) Minor or corrected permit violations.--For purposes of this subsection, failure to comply with any term, condition, or limitation of a Good Samaritan permit or investigative sampling permit shall not be considered a permit violation or noncompliance if-- (A) that failure to comply is corrected by the permittee within a reasonable period of time, as established by the Administrator; and (B)(i) that failure or noncompliance does not result in a measurable adverse impact on water quality or other environmental conditions; or (ii) the water quality and other affected environmental conditions as a result of that failure or noncompliance have been returned to the condition that existed prior to the violation, as described in paragraph (3)(C)(ii). (o) Public Notification of Adverse Event.--A Good Samaritan shall notify all appropriate Federal, State, Tribal, and local entities of any unplanned or previously unknown release of historic mine residue caused by the actions of the Good Samaritan or any cooperating person in accordance with-- (1) section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9603); (2) section 304 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11004); (3) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (4) any other applicable provision of Federal law; and (5) any other applicable provision of State, Tribal, or local law. (p) Grant Eligibility.--A remediation project conducted under a Good Samaritan permit shall be eligible for funding pursuant to-- (1) section 319 of the Federal Water Pollution Control Act (33 U.S.C. 1329); and (2) section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)). (q) Emergency Authority and Liability.-- (1) Emergency authority.--Nothing in this section affects the authority of-- (A) the Administrator to take any responsive action authorized by law; or (B) a Federal, State, Tribal, or local agency to carry out any emergency authority, including an emergency authority provided under Federal, State, Tribal, or local law. (2) Liability.--Except as specifically provided in this Act, nothing in this Act, a Good Samaritan permit, or an investigative sampling permit limits the liability of any person (including a Good Samaritan or any cooperating person) under any provision of law. (r) Termination of Authority.-- (1) Termination.-- (A) In general.--Except as provided in subparagraph (B), the authority to grant Good Samaritan permits pursuant to this Act shall terminate on the date that is 7 years after the date of enactment of this Act. (B) Exception.--Notwithstanding subparagraph (A), the Administrator may grant a Good Samaritan permit pursuant to this Act after the date identified in subparagraph (A) if the application for the Good Samaritan permit-- (i) was submitted not later than 180 days before that date; and (ii) was completed in accordance with subsection (e)(1) by not later than 7 years after the date of enactment of this Act. (2) Effect on certain permits.--Any Good Samaritan permit granted by the deadline prescribed in subparagraph (A) or (B) of paragraph (1), as applicable, that is in effect on the date that is 7 years after the date of enactment of this Act shall remain in effect after that date in accordance with-- (A) the terms and conditions of the Good Samaritan permit; and (B) this Act. (3) Termination of permit.-- (A) In general.--A Good Samaritan permit shall terminate, as applicable-- (i) on inspection and notice from the Administrator to the recipient of the Good Samaritan permit that the permitted work has been completed in accordance with the terms of the Good Samaritan permit, as determined by the Administrator; (ii) if the Administrator terminates a permit under paragraph (4)(B)(i); or (iii) except as provided in subparagraph (B)-- (I) on the date that is 18 months after the date on which the Administrator granted the Good Samaritan permit, if the permitted work has not commenced by that date; or (II) if the grant of the Good Samaritan permit was the subject of a petition for judicial review, on the date that is 18 months after the date on which the judicial review, including any appeals, has concluded, if the permitted work has not commenced by that date. (B) Extension.-- (i) In general.--If the Administrator is otherwise required to terminate a Good Samaritan permit under subparagraph (A)(iii), the Administrator may grant an extension of the Good Samaritan permit. (ii) Limitation.--Any extension granted under clause (i) shall be not more than 180 days for each extension. (4) Unforeseen circumstances.-- (A) In general.--The recipient of a Good Samaritan permit or investigative sampling permit may seek to modify or terminate the Good Samaritan permit or investigative sampling permit to take into account any event or condition that-- (i) significantly reduces the feasibility or significantly increases the cost of completing the remediation project that is the subject of the Good Samaritan permit or investigative sampling permit; (ii) was not-- (I) reasonably contemplated by the recipient of the permit; or (II) taken into account in the remediation plan of the recipient of the permit; and (iii) is beyond the control of the recipient of the permit, as determined by the Administrator. (B) Termination.-- (i) In general.--The Administrator shall terminate a Good Samaritan permit or investigative sampling permit if-- (I) the recipient of the permit seeks termination of the permit under subparagraph (A); (II) the factors described in subparagraph (A) are satisfied; and (III) the Administrator determines that remediation activities conducted by the Good Samaritan or person pursuant to the Good Samaritan permit or investigative sampling permit, respectively, may result in surface water quality conditions, or any other environmental conditions, that will be worse than the baseline conditions, as described in subsection (c)(6), as applicable. (ii) Effect of termination.-- Notwithstanding the termination of a Good Samaritan permit or an investigative sampling permit under clause (i), the provisions of paragraphs (1) through (4) of subsection (n) shall continue to apply to the Good Samaritan, the recipient of an investigative sampling permit, and any cooperating persons after the termination, including to any long-term operations and maintenance pursuant to the agreement under paragraph (5). (5) Long-term operations and maintenance.--In the case of a project that involves long-term operations and maintenance at an abandoned mine site located on land owned by the United States, the project may be considered complete and the Administrator may terminate the Good Samaritan permit under this subsection if the applicable Good Samaritan has entered into an agreement with the applicable Federal land management agency or a cooperating person for the long-term operations and maintenance that includes sufficient funding for the long-term operations and maintenance. (s) Regulations.-- (1) In general.--Subject to paragraph (2), not later than 18 months after the date of enactment of this Act, the Administrator, in consultation with the Secretary of the Interior and the Secretary of Agriculture, and appropriate State, Tribal, and local officials, shall promulgate regulations to establish-- (A) requirements for remediation plans described in subsection (c); and (B) any other requirement that the Administrator determines to be necessary to carry out this Act. (2) Specific requirements before promulgation of regulations.--Before the date on which the Administrator promulgates regulations under paragraph (1), the Administrator may establish, on a case-by-case basis, specific requirements that the Administrator determines would facilitate the implementation of this subsection with respect to a Good Samaritan permitting program. SEC. 5. SPECIAL ACCOUNTS. (a) Establishment.--There is established in the Treasury of the United States a Good Samaritan Mine Remediation Fund (referred to in this section as a ``Fund'') for-- (1) each Federal land management agency that authorizes a Good Samaritan to conduct a project on Federal land under the jurisdiction of that Federal land management agency under a Good Samaritan permit; and (2) the Environmental Protection Agency. (b) Deposits.--Each Fund shall consist of-- (1) amounts provided in appropriation Acts; (2) any proceeds from reprocessing deposited under section 4(f)(5)(B)(iv); (3) any financial assurance funds collected from an agreement described in section 4(m)(1)(A)(vi)(V)(bb); (4) any funds collected for long-term operations and maintenance under an agreement under section 4(r)(5); (5) any interest earned under an investment under subsection (c); (6) any proceeds from the sale or redemption of investments held in the Fund; and (7) any amounts donated to the Fund by any person. (c) Unused Funds.--Amounts in each Fund not currently needed to carry out this Act shall be-- (1) maintained as readily available or on deposit; (2) invested in obligations of the United States or guaranteed by the United States; or (3) invested in obligations, participations, or other instruments that are lawful investments for a fiduciary, a trust, or public funds. (d) Retain and Use Authority.--The Administrator and each head of a Federal land management agency, as appropriate, may, notwithstanding any other provision of law, retain and use money deposited in the applicable Fund without fiscal year limitation for the purpose of carrying out this Act. SEC. 6. REPORT TO CONGRESS. (a) In General.--Not later than 8 years after the date of enactment of this Act, the Administrator, in consultation with the heads of Federal land management agencies, shall submit to the Committee on Environment and Public Works of the Senate and the Committees on Transportation and Infrastructure, Energy and Commerce, and Natural Resources of the House of Representatives a report evaluating the Good Samaritan pilot program under this Act. (b) Inclusions.--The report under subsection (a) shall include-- (1) a description of-- (A) the number, types, and objectives of Good Samaritan permits granted pursuant to this Act; and (B) each remediation project authorized by those Good Samaritan permits; (2) qualitative and quantitative data on the results achieved under the Good Samaritan permits before the date of issuance of the report; (3) a description of-- (A) any problems encountered in administering this Act; and (B) whether the problems have been or can be remedied by administrative action (including amendments to existing law); (4) a description of progress made in achieving the purposes of this Act; and (5) recommendations on whether the Good Samaritan pilot program under this Act should be continued, including a description of any modifications (including amendments to existing law) required to continue administering this Act. <all>

Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2022

A bill to promote remediation of abandoned hardrock mines, and for other purposes.

Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2022

Sen. Heinrich, Martin

D

NM

S.4401

Government Operations and Politics

First Opportunity for Information to Americans Act or the FOIA Fix Act This bill bars certain foreign nationals and entities from obtaining U.S. government records under the Freedom of Information Act. The bill specifically prohibits an agency from making records available to specified requesters, including an entity that is a subsidiary of an entity with a principal place of business or headquarters located in China, Russia, North Korea, Iran, Cuba, Syria, or Venezuela. Further, the bill sets penalties for knowingly assisting, conspiring, or abetting a request for information on behalf of an individual or entity that is prohibited from receiving it.

To modify the Freedom of Information 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 ``First Opportunity for Information to Americans Act'' or the ``FOIA Fix Act''. SEC. 2. FOIA REQUESTS. Section 552 of title 5, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (3)(A), by inserting ``or paragraph (9)'' after ``subparagraph (E)''; and (B) by adding at the end the following: ``(9)(A) Except as provided in subparagraph (D), an agency may not make any record available under this subsection to any requester that-- ``(i) is an individual who is not a citizen of the United States or an alien lawfully admitted for permanent residence; ``(ii) is an entity that does not have a principal place of business or headquarters located in a State, the District of Columbia, or any territory or possession of the United States; or ``(iii) is an entity that is a subsidiary of an entity with a principal place of business or headquarters located in-- ``(I) the People's Republic of China; ``(II) the Russian Federation; ``(III) the Democratic People's Republic of Korea; ``(IV) the Islamic Republic of Iran; ``(V) the Republic of Cuba; ``(VI) the Syrian Arab Republic; or ``(VII) the regime of Nicolas Maduro in Venezuela. ``(B) Knowingly assisting, conspiring, or abetting a request for information under this section on behalf of an individual or entity that is prohibited from receiving the information under subparagraph (A) is punishable by a fine of up $10,000 per violation and not more than 1 year in prison. ``(C) Each agency shall promulgate regulations as necessary to carry out subparagraph (A). ``(D) Subparagraph (A) shall not apply to a requester that is seeking official copies of the immigration court proceedings of the requester. ``(10) Notwithstanding any other provision of this section, an agency may determine the manner in which a request is fulfilled under this subsection if the agency has a reasonable belief that fulfilling the request in the manner requested by the requester-- ``(A) is likely to result in the exposure of material or information that is not responsive to the request, including any data describing the structure, data elements, interrelationships, or other characteristics of electronic records otherwise responsive to the request; or ``(B) poses a material security risk to the agency or another entity in the Federal Government.''; and (2) in subsection (b)-- (A) in paragraph (8), by striking ``or'' at the end; and (B) in paragraph (9), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(10) records or information, such as blueprints, schematics, formulae, technical expertise, or other similar information that is susceptible to reverse engineering-- ``(A) the disclosure of which is likely to damage the interests of the United States; ``(B) that is materially related to the study of an emerging or foundational technology identified by the Department of Commerce; and ``(C) for which the interest of the public in disclosure does not outweigh the interests described in subparagraph (A).''. <all>

FOIA Fix Act

A bill to modify the Freedom of Information Act, and for other purposes.

FOIA Fix Act First Opportunity for Information to Americans Act

Sen. Rubio, Marco

R

FL

S.4258

Commerce

Competition and Transparency in Digital Advertising Act This bill limits certain large digital advertising companies from owning multiple types of advertising exchanges or brokerages and imposes certain duties with respect to the interests of the customers of such brokerages. Advertising exchanges and brokerages generally facilitate advertisers and publishers in buying and selling advertising inventory through an automated bidding process. Specifically, companies with more than $20 billion in annual digital advertising revenue are prohibited from owning more than one type of service within the digital advertising marketplace. For example, a company, such as Google, may not own a digital advertising exchange and provide software that assists publishers of online advertisements in selling advertising space on their websites. Additionally, companies with more than $5 billion in annual digital advertising revenue that provide brokerage services to buyers or sellers of digital advertisements must act in the best interest of their brokerage customers. The bill also establishes transparency and privacy requirements for such brokerages. The bill provides for enforcement of these requirements by the Department of Justice, state attorneys general, and private right of action.

To prevent conflicts of interest and promote competition in the sale and purchase of digital advertising. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Competition and Transparency in Digital Advertising Act''. SEC. 2. DIGITAL ADVERTISING TRADING TRANSPARENCY AND COMPETITION. The Clayton Act (15 U.S.C. 12 et seq.) is amended by inserting after section 8 (15 U.S.C. 19) the following: ``SEC. 8A. COMPETITION AND TRANSPARENCY IN DIGITAL ADVERTISING. ``(a) Definitions.--In this section: ``(1) Brokerage customer.--The term `brokerage customer' means a person who has purchased or sold digital advertisements, or directly related goods or services, through a buy-side brokerage or a sell-side brokerage. ``(2) Buy-side brokerage.--The term `buy-side brokerage' means a person in the business of effecting transactions on digital advertising exchanges, including by offering software or services that assist in serving or displaying digital advertisements, for other buyers. ``(3) Digital advertisement.--The term `digital advertisement' means an advertisement that is served electronically over a computer network, including the internet. ``(4) Digital advertising exchange.--The term `digital advertising exchange' means a person who constitutes, maintains, or provides a marketplace for or facilitates bringing together buyers and 1 or more sellers of digital advertisements, or for otherwise performing with respect to digital advertising the functions commonly performed by a digital advertising marketplace. ``(5) Digital advertising revenue.--The term `digital advertising revenue' means the greater of-- ``(A) global revenue derived from or directly related to the operation of a digital advertising exchange, a buy-side brokerage, or a sell-side brokerage; or ``(B) the greater of-- ``(i) the sum of the clearing prices of all digital advertisements bought or sold from or through a digital advertising exchange; ``(ii) the total value of the gross advertising spending managed by a buy-side brokerage; or ``(iii) the total value of the gross advertising sales managed by a sell-side brokerage. ``(6) Divestiture deadline.--The term `divestiture deadline' means the later of-- ``(A) 30 days after the date on which the Attorney General approves or denies a required divestiture; or ``(B) 30 days after the expiration of any applicable waiting period under section 7A. ``(7) Effective date.--The term `effective date' means the date that is 1 year after the date of enactment of this section. ``(8) Own.--The term `own' means to own, operate, or control, directly or indirectly, in whole or in part. ``(9) Person.--The term `person' includes-- ``(A) any subsidiary of an entity; and ``(B) any corporate parent of an entity. ``(10) Required divestiture.--The term `required divestiture'-- ``(A) means a divestiture, sale, or other transaction undertaken to comply with any provision of this Act; and ``(B) does not include any action required by a court of the United States. ``(11) Sell-side brokerage.--The term `sell-side brokerage' means a person in the business of effecting transactions on digital advertising exchanges, including by offering software or services that assist in serving or displaying digital advertisements, for other sellers. ``(12) Third-party.--The term `third-party' means, for each person subject to this Act, an entity that-- ``(A) neither owns nor is owned by that person; and ``(B) is not affiliated with the person through direct or indirect ownership or control. ``(b) Prohibitions.--No person with more than $20,000,000,000 (as adjusted each year on January 1 by an amount equal to the percentage increase, if any, in the Consumer Price Index, as determined by the Department of Labor or its successor) in digital advertising revenue during the previous calendar year may, after the effective date-- ``(1) own a digital advertising exchange if that person owns either a sell-side brokerage or a buy-side brokerage, or is a seller of digital advertising space; ``(2) own a sell-side brokerage if that person owns a buy- side brokerage; or ``(3) own a buy-side brokerage or a sell-side brokerage if that person is also a buyer or seller of digital advertising space. ``(c) Requirements.--Any person with more than $5,000,000,000 (as adjusted each year on January 1 by an amount equal to the percentage increase, if any, in the Consumer Price Index, as determined by the Department of Labor or its successor) in digital advertising revenue during the previous calendar year shall be subject to, as of the effective date, the following requirements: ``(1) Best interest duty.--A buy-side brokerage or sell- side brokerage shall, in the course of providing services as a brokerage, use reasonable diligence, care, and skill to act in the best interests of their brokerage customers, and may not put their own interests ahead of those of their brokerage customers. ``(2) Best execution duty.--A buy-side brokerage or sell- side brokerage shall seek the most favorable terms reasonably available under the circumstances for each order transaction of the brokerage customer. ``(3) Transparency requirements.-- ``(A) In general.--Upon written request from a brokerage customer, a buy-side brokerage or sell-side brokerage shall supply to that brokerage customer, within a reasonable time, information sufficient to permit the brokerage customer to verify compliance of the brokerage with its obligations under paragraphs (1) and (2). ``(B) Contents.--The information described in subparagraph (A) shall include, if requested and to the extent such information is collected by the brokerage in the ordinary course of business-- ``(i) in the case of a sell-side brokerage providing information to a sell-side brokerage customer-- ``(I) a unique and persistent identifier that identifies each unique digital advertising space for sale; ``(II) for each identifier described in subclause (I), all bids received, and, for each bid received, the bid submitted to the digital advertising exchange on behalf of the buy-side brokerage customer, the winning price, the uniform resource locator or other property identifier at the lowest level of granularity, the identity of the digital advertising exchange or other digital advertising venue returning the bid, date, time that the bid response was received in microseconds or a lower level of granularity, web domain associated with the advertising creative, the advertising creative size and format, and whether the bid won the seller's impression; ``(III) the nature of any data collected or derived from the brokerage customer or any user or customer of the brokerage customer, and the ways in which that data is used by the sell- side brokerage; ``(IV) the order or bid routing practices or processes, including any material exceptions to the standard practice of the brokerage; and ``(V) the source and nature of any compensation paid or received in connection with transactions; and ``(ii) in the case of a buy-side brokerage providing information to a buy-side brokerage customer-- ``(I) all bids won by the buy-side brokerage customer, and for each bid won, the maximum allowed bid of the advertiser, if any, the uniform resource locator or other property identifier at the lowest level of granularity, date, the digital advertising exchange, the web domain associated with the advertising creative, the advertising creative size and format, the winning price, the bid submitted to the digital advertising exchange on behalf of the buy-side brokerage customer, and, if possible, whether the ad served and whether the ad rendered; ``(II) the order or bid routing practices or processes; and ``(III) the source and nature of any compensation paid or received in connection with transactions. ``(C) Retention of records.--Brokerages shall retain the records specified in subparagraph (B), where applicable and when collected in the ordinary course of business, until provided to a requesting brokerage customer but not longer than 90 days. Brokerages shall retain billing information for their brokerage customers for not fewer than 12 months. ``(D) User privacy.-- ``(i) In general.--When providing information to a brokerage customer in response to a request authorized by subparagraph (A), the brokerage shall, to the greatest extent possible consistent with the purpose of subparagraph (A), anonymize, hash, or otherwise render the information incapable of being tied to an individual web user. ``(ii) Prohibiting tracking.--A brokerage customer may not use data or information received in response to a request made under subparagraph (A) for any purpose other than-- ``(I) verifying compliance of a brokerage with its obligations under paragraphs (1) and (2); or ``(II) bringing an action under subsection (d)(3). ``(4) Firewalls.-- ``(A) Buy-side and sell-side brokerages.--Buy-side brokerages and sell-side brokerages shall establish, maintain, and enforce written policies and procedures reasonably designed to ensure compliance with the obligations under this subsection. ``(B) Other persons.--Persons not subject to prohibitions under subsection (b) shall establish, maintain, and enforce written policies and procedures reasonably designed to ensure that their buy-side brokerage, sell-side brokerage, digital advertising exchange, and role as a buyer or seller of digital advertising, where applicable, operate separate and independent from one another and transact business at arm's length. ``(5) Fair access duty.--A digital advertising exchange shall provide every buyer and seller in the exchange fair access, including with respect to operations of the exchange, co-location, any technology systems or data, information related to transactions, service, or products offered, exchange processes, and functionality. ``(6) Time synchronization.--A digital advertising exchange, buy-side brokerage, or sell-side brokerage shall-- ``(A) synchronize its business clocks at a minimum to within a 2 milliseconds tolerance of the time maintained by the atomic clock of the National Institute of Standards and Technology; and ``(B) maintain the synchronization described in subparagraph (A). ``(7) Data ownership.--All records pertaining to an order solicited or submitted by a brokerage customer, and the subsequent result of that order, shall remain the property of that customer, including any bids solicited from or submitted to any digital advertising exchange, unless the information is otherwise publicly available. ``(8) Routing practices disclosure.-- ``(A) In general.--Every sell-side brokerage and buy-side brokerage shall-- ``(i) make publicly available for each calendar quarter a report on the order routing practices of the sell-side brokerage or buy- side brokerage, as applicable, for digital advertisements during that quarter broken down by calendar month; and ``(ii) retain the report described in clause (i) posted on an internet website that is free and readily accessible to the public for 3-year period beginning on the date on which the report is posted. ``(B) Format.--Reports made available pursuant to subparagraph (A) shall-- ``(i) be rendered in a format that makes the reports readily informative to the average brokerage customer; and ``(ii) include for the 10 venues to which the largest number of total bid requests or bid responses were routed for execution and for any venue to which 5 percent or more of bid requests or bid responses were routed for execution-- ``(I) the total number of bids routed; ``(II) the total number of bids executed; ``(III) the fill rate of bids; ``(IV) the average net execution fee or rebate per 1,000 impressions; ``(V) the average time in milliseconds between when a bid request is sent and when a bid response is received; and ``(VI) the value and form of any compensation given in exchange for routing or execution. ``(9) Certification.--A digital advertising exchange, buy- side brokerage, or sell-side brokerage shall certify to the Attorney General on an annual basis that the digital advertising exchange has complied with the requirements under this subsection. ``(d) Enforcement.-- ``(1) Attorney general and state attorneys general.-- ``(A) In general.--The Attorney General and State attorneys general may bring an action on behalf of persons in the United States injured in their business or property by reason of any violation of this Act in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall-- ``(i) in a case brought by the Attorney General or a State attorney general, be entitled to injunctive relief; and ``(ii) in a case brought by the Attorney General, recover damages sustained by such persons. ``(B) Damages.-- ``(i) In general.--The court may award under this subsection, pursuant to a motion by the Attorney General promptly made, simple interest on actual damages in accordance with the requirements under subparagraph (A). ``(ii) No duplicative award.--A court may not award any damages under this subparagraph that are duplicative of damages awarded before the date of the award under this subparagraph in a separate civil action pertaining to the same conduct and injured party. ``(iii) Payments.--A court awarding damages to a person in a civil action after the date of an award of damages under this subsection that would be duplicative of damages awarded to the Attorney General on behalf of the person shall direct that such damages shall first be paid by the Attorney General from amounts in the Fund and, to the extent such damages are not fully paid from amounts in the Fund, shall be paid by the defendant. ``(C) Antitrust consumer damages fund.-- ``(i) In general.--There is established in the Treasury of the United States a fund to be known as the `Antitrust Consumer Damages Fund' (in this subsection referred to as the `Fund'), which shall consist of amounts deposited under clause (ii). ``(ii) Deposits and availability.-- Notwithstanding section 3302 of title 31, United States Code, any amounts received by the Attorney General under an award under this subsection-- ``(I) shall be deposited in the Fund; and ``(II) shall be available to the Attorney General, without further appropriation, for distribution to persons in the United States harmed by the applicable violation of the Sherman Act (15 U.S.C. 1 et seq.). ``(iii) Deposits into general fund.-- Effective on the day after the date that is 10 years after the date on which an award is received under this paragraph, the unobligated balances in the Fund of amounts that were received under the award are rescinded and shall be deposited in the general fund of the Treasury. ``(2) Divestiture enforcement.--The Attorney General may bring an action on behalf of the United States in any district court of the United States in the district in which the defendant resides or is found or has an agent, and may obtain injunctive relief upon showing by a preponderance of the evidence that the defendant has ``(A) violated a requirement of subsection (e); or ``(B) undertaken a required divestiture that unnecessarily harms or threatens competition in any market. ``(3) Private right of action.-- ``(A) In general.--A brokerage customer harmed by a knowing violation of subsection (c) by a person with more than $20,000,000,000 (as adjusted each year on January 1 by an amount equal to the percentage increase, if any, in the Consumer Price Index, as determined by the Department of Labor or its successor) in digital advertising revenue during the previous calendar year may bring a civil action in an appropriate court to obtain injunctive relief, where appropriate, and recover damages in the amount of the greater of-- ``(i) $1,000,000 for each month in which a violation of this Act occurred and reasonable attorney's fees; or ``(ii) actual damages and reasonable attorney's fees. ``(B) No class action waiver.--No person covered by this Act may require a class action waiver for claims under this Act, including for arbitration. ``(C) Timing.--A civil action for a violation of subsection (b) may be brought at any time after the later of-- ``(i) the expiration of any applicable divestiture deadline; or ``(ii) the expiration of the deadline in subsection (e)(1) if no filing has been made. ``(e) Divestiture.-- ``(1) Filing.--Any agreement or other document setting out the terms of a required divestiture shall be filed with the Attorney General not later than the later of-- ``(A) the effective date; or ``(B) the earlier of-- ``(i) 30 days after the date on which an agreement making a required divestiture under this Act is executed; or ``(ii) 180 days after meeting the criteria specified in any paragraph of subsection (b). ``(2) Attorney general review.--The Attorney General shall approve a required divestiture upon a showing by the person making the divestiture that the terms of the divestiture, including the qualifications of any counter parties thereto, will not unnecessarily harm or threaten competition in any market. ``(3) Timing.-- ``(A) In general.--The Attorney General shall grant or deny approval of a required divestiture, unless agreed to by the parties, no later than the later of-- ``(i) 60 days after receipt of all information obtained pursuant to subparagraph (5); or ``(ii) 60 days after receipt of the filing made under subparagraph (1). ``(B) Completion.--A divestiture shall be completed not later than the divestiture deadline. ``(4) Guidance.--The Attorney General shall-- ``(A) not later than 120 days after the date of enactment of this section, issue guidance on the divestiture process under this subsection and the certification requirement under subsection (c)(6); and ``(B) update the guidance described in subparagraph (A) as the Attorney General determines is appropriate. ``(5) Compulsory process.--The Attorney General may request or issue a civil investigative demand under section 3 of the Antitrust Civil Process Act (15 U.S.C. 1312) for documents from any person involved in a required divestiture to determine the competitive effects of the divestiture. ``(f) Rules of Construction.--Nothing in this section shall-- ``(1) prohibit a person from-- ``(A) selling their own inventory of advertising space if-- ``(i) the inventory was not acquired solely for the purposes of resale, except to monetize the person's own content or intellectual property; and ``(ii) the person does not also assist a third-party in the sale or purchase of advertising space, other than purchasing advertising space from that person; or ``(B) buying inventory to market the products or services of the person; ``(2) abridge or supersede any provision of or rules issued pursuant to section 7A; ``(3) prohibit a person from, consistent with the antitrust laws, entering into a joint venture or other collaboration to prevent harm from spam, fraud, or other forms of abuse in digital advertising; or ``(4) require the disclosure of information if such disclosure would violate a law of the United States or a foreign country.''. <all>

Competition and Transparency in Digital Advertising Act

A bill to prevent conflicts of interest and promote competition in the sale and purchase of digital advertising.

Competition and Transparency in Digital Advertising Act

Sen. Lee, Mike

R

UT

H.R.8899

Armed Forces and National Security

This bill requires the Defense Logistics Agency within the Department of Defense to give preference for the acquisition of food for military working dogs that is manufactured or produced in the United States by an entity that is based in the United States using only ingredients and materials that are grown, mined, manufactured, or produced in the United States.

To amend title 10, United States Code, to establish a preference for domestically manufactured or produced food for military working dogs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PREFERENCE FOR DOMESTIC FOODS FOR MILITARY WORKING DOGS. (a) In General.--Chapter 287 of title 10, United States Code, is amended by adding at the end the following new section: ``SEC. 3906. PREFERENCE FOR DOMESTIC FOODS FOR MILITARY WORKING DOGS. ``With respect to the acquisition of food for military working dogs by the Defense Logistics Agency, the Director of the Defense Logistic Agency shall give a preference for the acquisition of food that is manufactured or produced-- ``(1) in the United States; ``(2) by an entity that is based in the United States; and ``(3) using only ingredients and materials that are grown, mined, manufactured, or produced in the United States.''. (b) Clerical Amendment.--The table of chapters for chapter 287 of title 10, United States Code, is amended by adding at the end the following new item: ``3906. Preference for domestic foods for military working dogs.''. <all>

To amend title 10, United States Code, to establish a preference for domestically manufactured or produced food for military working dogs, and for other purposes.

To amend title 10, United States Code, to establish a preference for domestically manufactured or produced food for military working dogs, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To amend title 10, United States Code, to establish a preference for domestically manufactured or produced food for military working dogs, and for other purposes.

Rep. Slotkin, Elissa

D

MI

H.R.7657

Government Operations and Politics

Reducing the Effects of the Cyberattack on OPM Victims Emergency Response Act of 2022 or the RECOVER Act of 2022 This bill provides lifetime identity protection coverage for individuals affected by previous federal agency data breaches.

To amend the Consolidated Appropriations Act, 2017 to extend the availability of identity protection coverage to individuals whose personally identifiable information was compromised during recent data breaches at Federal 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 ``Reducing the Effects of the Cyberattack on OPM Victims Emergency Response Act of 2022'' or the ``RECOVER Act of 2022''. SEC. 2. IDENTITY PROTECTION COVERAGE FOR INDIVIDUALS AFFECTED BY FEDERAL AGENCY DATA BREACHES. Section 633(a) of title VI of division E of the Consolidated Appropriations Act, 2017 (Public Law 115-31), as amended by section 630 of title VI of division D of the Consolidated Appropriations Act, 2018 (Public Law 115-141), is amended-- (1) by striking ``(a) For fiscal years 2016 through 2026,'' and inserting ``(a) In General.--For fiscal year 2016 and each fiscal year thereafter,''; (2) by striking ``and'' at the end of paragraph (1); and (3) by striking paragraph (2) and inserting the following: ``(2) is effective for the remainder of the life of the affected individual; and ``(3) includes not less than $5,000,000 in identity theft insurance.''. <all>

RECOVER Act of 2022

To amend the Consolidated Appropriations Act, 2017 to extend the availability of identity protection coverage to individuals whose personally identifiable information was compromised during recent data breaches at Federal agencies, and for other purposes.

RECOVER Act of 2022 Reducing the Effects of the Cyberattack on OPM Victims Emergency Response Act of 2022

Del. Norton, Eleanor Holmes

D

DC

S.717

Environmental Protection

Undoing NEPA’s Substantial Harm by Advancing Concepts that Kickstart the Liberation of the Economy Act or the UNSHACKLE Act This bill revises the environmental review process required under the National Environmental Policy Act of 1969 (NEPA), including by

To amend the National Environmental Policy Act of 1969 to impose time limits on the completion of certain required actions under the Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Undoing NEPA's Substantial Harm by Advancing Concepts that Kickstart the Liberation of the Economy Act'' or the ``UNSHACKLE Act''. SEC. 2. NATIONAL ENVIRONMENTAL POLICY ACT MODIFICATIONS. (a) Applicable Timelines.--Title I of the National Environmental Policy Act of 1969 is amended-- (1) by redesignating section 105 (42 U.S.C. 4335) as section 108; and (2) by inserting after section 104 (42 U.S.C. 4334) the following: ``SEC. 105. PROCESS REQUIREMENTS. ``(a) Definitions.--In this section: ``(1) Federal agency.--The term `Federal agency' includes a State that has assumed the responsibility of a Federal agency under-- ``(A) section 107; or ``(B) section 327 of title 23, United States Code. ``(2) Head of a federal agency.--The term `head of a Federal agency' includes the governor or head of an applicable State agency of a State that has assumed the responsibility of a Federal agency under-- ``(A) section 107; or ``(B) section 327 of title 23, United States Code. ``(b) Applicable Timelines.-- ``(1) NEPA process.-- ``(A) In general.--The head of a Federal agency shall complete the NEPA process for a proposed action of the Federal agency, as described in section 109(3)(B)(ii), not later than 2 years after the date described in section 109(3)(B)(i). ``(B) Environmental documents.--Within the period described in subparagraph (A), not later than 1 year after the date described in section 109(3)(B)(i), the head of the Federal agency shall, with respect to the proposed action-- ``(i) issue-- ``(I) a finding that a categorical exclusion applies to the proposed action; or ``(II) a finding of no significant impact; or ``(ii) publish a notice of intent to prepare an environmental impact statement in the Federal Register. ``(C) Environmental impact statement.--If the head of a Federal agency publishes a notice of intent described in subparagraph (B)(ii), within the period described in subparagraph (A) and not later than 1 year after the date on which the head of the Federal agency publishes the notice of intent, the head of the Federal agency shall complete the environmental impact statement and, if necessary, any supplemental environmental impact statement for the proposed action. ``(D) Penalties.-- ``(i) Definitions.--In this subparagraph: ``(I) Director.--The term `Director' means the Director of the Office of Management and Budget. ``(II) Federal agency.--The term `Federal agency' does not include a State. ``(III) Final nepa compliance date.--The term `final NEPA compliance date', with respect to a proposed action, means the date by which the head of a Federal agency is required to complete the NEPA process under subparagraph (A). ``(IV) Head of a federal agency.-- The term `head of a Federal agency' does not include the governor or head of a State agency of a State. ``(V) Initial eis compliance date.--The term `initial EIS compliance date', with respect to a proposed action for which a Federal agency published a notice of intent described in subparagraph (B)(ii), means the date by which an environmental impact statement for that proposed action is required to be completed under subparagraph (C). ``(VI) Initial nepa compliance date.--The term `initial NEPA compliance date', with respect to a proposed action, means the date by which the head of a Federal agency is required to issue or publish a document described in subparagraph (B) for that proposed action under that subparagraph. ``(VII) Initial noncompliance determination.--The term `initial noncompliance determination' means a determination under clause (ii)(I)(bb) that the head of a Federal agency has not complied with the requirements of subparagraph (A), (B), or (C). ``(ii) Initial noncompliance.-- ``(I) Determination.-- ``(aa) Notification.--As soon as practicable after the date described in section 109(3)(B)(i) for a proposed action of a Federal agency, the head of the Federal agency shall notify the Director that the head of the Federal agency is beginning the NEPA process for that proposed action. ``(bb) Determinations of compliance.-- ``(AA) Initial determination.--As soon as practicable after the initial NEPA compliance date for a proposed action, the Director shall determine whether, as of the initial NEPA compliance date, the head of the Federal agency has complied with subparagraph (B) for that proposed action. ``(BB) Environmental impact statement.--With respect to a proposed action of a Federal agency in which the head of the Federal agency publishes a notice of intent described in subparagraph (B)(ii), as soon as practicable after the initial EIS compliance date for a proposed action, the Director shall determine whether, as of the initial EIS compliance date, the head of the Federal agency has complied with subparagraph (C) for that proposed action. ``(CC) Completion of nepa process.--As soon as practicable after the final NEPA compliance date for a proposed action, the Director shall determine whether, as of the final NEPA compliance date, the head of the Federal agency has complied with subparagraph (A) for that proposed action. ``(II) Identification; penalty; notification.--If the Director makes an initial noncompliance determination for a proposed action-- ``(aa) the Director shall identify the account for the salaries and expenses of the office of the head of the Federal agency, or an equivalent account; ``(bb) beginning on the day after the date on which the Director makes the initial noncompliance determination, the amount that the head of the Federal agency may obligate from the account identified under item (aa) for the fiscal year during which the determination is made shall be reduced by 0.5 percent from the amount initially made available for the account for that fiscal year; and ``(cc) the Director shall notify the head of the Federal agency of-- ``(AA) the initial noncompliance determination; ``(BB) the account identified under item (aa); and ``(CC) the reduction under item (bb). ``(iii) Continued noncompliance.-- ``(I) Determination.--Every 90 days after the date of an initial noncompliance determination, the Director shall determine whether the head of the Federal agency has complied with the applicable requirements of subparagraphs (A) through (C) for the proposed action, until the date on which the Director determines that the head of the Federal agency has completed the NEPA process for the proposed action. ``(II) Penalty; notification.--For each determination made by the Director under subclause (I) that the head of a Federal agency has not complied with a requirement of subparagraph (A), (B), or (C) for a proposed action-- ``(aa) the amount that the head of the Federal agency may obligate from the account identified under clause (ii)(II)(aa) for the fiscal year during which the most recent determination under subclause (I) is made shall be reduced by 0.5 percent from the amount initially made available for the account for that fiscal year; and ``(bb) the Director shall notify the head of the Federal agency of-- ``(AA) the determination under subclause (I); and ``(BB) the reduction under item (aa). ``(iv) Requirements.-- ``(I) Amounts not restored.--A reduction in the amount that the head of a Federal agency may obligate under clause (ii)(II)(bb) or (iii)(II)(aa) during a fiscal year shall not be restored for that fiscal year, without regard to whether the head of a Federal agency completes the NEPA process for the proposed action with respect to which the Director made an initial noncompliance determination or a determination under clause (iii)(I). ``(II) Required timelines.--The violation of subparagraph (B) or (C), and any action carried out to remediate or otherwise address the violation, shall not affect any other applicable compliance date under subparagraph (A), (B), or (C). ``(E) Unexpected circumstances.--If, while carrying out a proposed action after the completion of the NEPA process for that proposed action, a Federal agency or project sponsor encounters a new or unexpected circumstance or condition that may require the reevaluation of the proposed action under this title, the head of the Federal agency with responsibility for carrying out the NEPA process for the proposed action shall-- ``(i) consider whether mitigating the new or unexpected circumstance or condition is sufficient to avoid significant effects that may result from the circumstance or condition; and ``(ii) if the head of the Federal agency determines under clause (i) that the significant effects that result from the circumstance or condition can be avoided, mitigate the circumstance or condition without carrying out the NEPA process again. ``(2) Authorizations and permits.-- ``(A) In general.--Not later than 90 days after the date described in section 109(3)(B)(ii), the head of a Federal agency shall issue-- ``(i) any necessary permit or authorization to carry out the proposed action; or ``(ii) a denial of the permit or authorization necessary to carry out the proposed action. ``(B) Effect of failure to issue authorization or permit.--If a permit or authorization described in subparagraph (A) is not issued or denied within the period described in that subparagraph, the permit or authorization shall be considered to be approved. ``(C) Denial of permit or authorization.-- ``(i) In general.--If a permit or authorization described in subparagraph (A) is denied, the head of the Federal agency shall describe to the project sponsor-- ``(I) the basis of the denial; and ``(II) recommendations for the project sponsor with respect to how to address the reasons for the denial. ``(ii) Recommended changes.--If the project sponsor carries out the recommendations of the head of the Federal agency under clause (i)(II) and notifies the head of the Federal agency that the recommendations have been carried out, the head of the Federal agency-- ``(I) shall decide whether to issue the permit or authorization described in subparagraph (A) not later than 90 days after date on which the project sponsor submitted the notification; and ``(II) shall not carry out the NEPA process with respect to the proposed action again.''. (b) Agency Process Reforms.--Section 105 of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (as added by subsection (a)(2)) is amended by adding at the end the following: ``(c) Prohibitions.--In carrying out the NEPA process, the head of a Federal agency may not-- ``(1) consider whether a proposed action or an alternative to the proposed action considered by the head of the Federal agency, including the design, environmental impact, mitigation measures, or adaptation measures of the proposed action or alternative to the proposed action, has an effect on climate change; ``(2) with respect to a proposed action or an alternative to the proposed action considered by the head of the Federal agency, consider the effects of the emission of greenhouse gases on climate change; ``(3) consider an alternative to the proposed action if the proposed action is not technically or economically feasible to the project sponsor; or ``(4) consider an alternative to the proposed action that is not within the jurisdiction of the Federal agency. ``(d) Environmental Documents.-- ``(1) EIS required.--In carrying out the NEPA process for a proposed action that requires the preparation of an environmental impact statement, the head of a Federal agency shall produce for the proposed action not more than 1-- ``(A) environmental impact statement; ``(B) if necessary, environmental assessment; and ``(C) record of decision. ``(2) EIS not required.--In carrying out the NEPA process for a proposed action that does not require the preparation of an environmental impact statement, the head of a Federal agency shall produce for the proposed action not more than 1-- ``(A) environmental assessment; or ``(B) finding of no significant impact. ``(e) Categorical Exclusions.-- ``(1) In general.--Notwithstanding any other provision of law and subject to paragraph (2), the head of a Federal agency may, without further approval, use a categorical exclusion under this title that has been approved by-- ``(A)(i) another Federal agency; and ``(ii) the Council on Environmental Quality; or ``(B) an Act of Congress. ``(2) Requirements.--The head of a Federal agency may use a categorical exclusion described in paragraph (1) if the head of the Federal agency-- ``(A) carefully reviews the description of the proposed action to ensure that it fits within the category of actions described in the categorical exclusion; and ``(B) considers the circumstances associated with the proposed action to ensure that there are no extraordinary circumstances that warrant the preparation of an environmental assessment or an environmental impact statement. ``(3) Extraordinary circumstances.--If the head of a Federal agency determines that extraordinary circumstances are present with respect to a proposed action, the head of the Federal agency shall-- ``(A) consider whether mitigating circumstances or other conditions are sufficient to avoid significant effects of the proposed action; and ``(B) if the head of the Federal agency determines that those significant effects can be avoided, apply a categorical exclusion to the proposed action. ``(f) Reuse of Work; Documents Prepared by Qualified 3rd Parties.-- ``(1) In general.--In carrying out the NEPA process for a proposed action-- ``(A) subject to paragraph (2), the head of a Federal agency shall-- ``(i) use any applicable findings and research from a prior NEPA process of any Federal agency; and ``(ii) incorporate the findings and research described in clause (i) into any applicable analysis under the NEPA process; and ``(B) a Federal agency may adopt as an environmental impact statement, environmental assessment, or other environmental document to achieve compliance with this title-- ``(i) an environmental document prepared under the law of the applicable State if the head of the Federal agency determines that the environmental laws of the applicable State-- ``(I) provide the same level of environmental analysis as the analysis required under this title; and ``(II) allow for the opportunity of public comment; or ``(ii) subject to paragraph (3), an environmental document prepared by a qualified third party chosen by the project sponsor, at the expense of the project sponsor, if the head of the Federal agency-- ``(I) provides oversight of the preparation of the environmental document by the third party; and ``(II) independently evaluates the environmental document for the compliance of the environmental document with this title. ``(2) Requirement for the reuse of findings and research.-- The head of a Federal agency may reuse the applicable findings and research described in paragraph (1)(A) if-- ``(A)(i) the project for which the head of the Federal agency is seeking to reuse the findings and research was in close geographic proximity to the proposed action; and ``(ii) the head of the Federal agency determines that the conditions under which the applicable findings and research were issued have not substantially changed; or ``(B)(i) the project for which the head of the Federal agency is seeking to reuse the findings and research was not in close geographic proximity to the proposed action; and ``(ii) the head of the Federal agency determines that the proposed action has similar issues or decisions as the project. ``(3) Requirements for creation of environmental document by qualified 3rd parties.-- ``(A) In general.--A qualified third party may prepare an environmental document intended to be adopted by a Federal agency as the environmental impact statement, environmental assessment, or other environmental document for a proposed action under paragraph (1)(B)(ii) if-- ``(i) the project sponsor submits a written request to the head of the applicable Federal agency that the head of the Federal agency approve the qualified third party to create the document intended to be adopted by a Federal agency as the environmental impact statement, environmental assessment, or other environmental document; and ``(ii) the head of the Federal agency determines that-- ``(I) the third party is qualified to prepare the document; and ``(II) the third party has no financial or other interest in the outcome of the proposed action. ``(B) Deadline.--The head of a Federal agency that receives a written request under subparagraph (A)(i) shall issue a written decision approving or denying the request not later than 30 days after the date on which the written request is received. ``(C) No prior work.--The head of a Federal agency may not adopt an environmental document under paragraph (1)(B)(ii) if the qualified third party began preparing the document prior to the date on which the head of the Federal agency issues the written decision under subparagraph (B) approving the request. ``(D) Denials.--If the head of a Federal agency issues a written decision denying the request under subparagraph (A)(i), the head of the Federal agency shall submit to the project sponsor with the written decision the findings that served as the basis of the denial. ``(g) Multi-Agency Projects.-- ``(1) Definitions.--In this subsection: ``(A) Cooperating agency.--The term `cooperating agency' means a Federal agency involved in a proposed action that-- ``(i) is not the lead agency; and ``(ii) has the jurisdiction or special expertise such that the Federal agency needs to be consulted-- ``(I) to use a categorical exclusion; or ``(II) to prepare an environmental assessment or environmental impact statement, as applicable. ``(B) Lead agency.--The term `lead agency' means the Federal agency selected under paragraph (2)(A). ``(2) Agency designation.-- ``(A) Lead agency.--In carrying out the NEPA process for a proposed action that requires authorization from multiple Federal agencies, the heads of the applicable Federal agencies shall determine the lead agency for the proposed action. ``(B) Invitation.--The head of the lead agency may invite any relevant State, local, or Tribal agency with Federal authorization decision responsibility to be a cooperating agency. ``(3) Responsibilities of lead agency.--The lead agency for a proposed action shall-- ``(A) as soon as practicable and in consultation with the cooperating agencies, determine whether a proposed action requires the preparation of an environmental impact statement; and ``(B) if the head of the lead agency determines under subparagraph (A) that an environmental impact statement is necessary-- ``(i) be responsible for coordinating the preparation of an environmental impact statement; ``(ii) provide cooperating agencies with an opportunity to review and contribute to the preparation of the environmental impact statement and environmental assessment, as applicable, of the proposed action, except that the cooperating agency shall limit comments to issues within the special expertise or jurisdiction of the cooperating agency; and ``(iii) subject to subsection (c), as soon as practicable and in consultation with the cooperating agencies, determine the range of alternatives to be considered for the proposed action. ``(4) Environmental documents.--In carrying out the NEPA process for a proposed action, the lead agency shall prepare not more than 1 of each type of document described in paragraph (1) or (2) of subsection (d), as applicable-- ``(A) in consultation with cooperating agencies; and ``(B) for all applicable Federal agencies. ``(5) Prohibitions.-- ``(A) In general.--A cooperating agency may not evaluate an alternative to the proposed action that has not been determined to be within the range of alternatives considered under paragraph (3)(B)(iii). ``(B) Omission.--If a cooperating agency submits to the lead agency an evaluation of an alternative that does not meet the requirements of subsection (c), the lead agency shall omit the alternative from the environmental impact statement. ``(h) Reports.-- ``(1) NEPA data.-- ``(A) In general.--The head of each Federal agency that carries out the NEPA process shall carry out a process to track, and annually submit to Congress a report containing, the information described in subparagraph (B). ``(B) Information described.--The information referred to in subparagraph (A) is, with respect to the Federal agency issuing the report under that subparagraph-- ``(i) the number of proposed actions for which a categorical exclusion was issued during the reporting period; ``(ii) the length of time the Federal agency took to issue the categorical exclusions described in clause (i); ``(iii) the number of proposed actions pending on the date on which the report is submitted for which the issuance of a categorical exclusion is pending; ``(iv) the number of proposed actions for which an environmental assessment was issued during the reporting period; ``(v) the length of time the Federal agency took to complete each environmental assessment described in clause (iv); ``(vi) the number of proposed actions pending on the date on which the report is submitted for which an environmental assessment is being drafted; ``(vii) the number of proposed actions for which an environmental impact statement was issued during the reporting period; ``(viii) the length of time the Federal agency took to complete each environmental impact statement described in clause (vii); and ``(ix) the number of proposed actions pending on the date on which the report is submitted for which an environmental impact statement is being drafted. ``(2) NEPA costs.-- ``(A) In general.--Not later than 1 year after the date of enactment of this subsection, the Chair of the Council on Environmental Quality and the Director of the Office of Management and Budget shall jointly develop a methodology to assess the comprehensive costs of the NEPA process. ``(B) Requirements.--The head of each Federal agency that carries out the NEPA process shall-- ``(i) adopt the methodology developed under subparagraph (A); and ``(ii) use the methodology developed under subparagraph (A) to annually submit to Congress a report describing-- ``(I) the comprehensive cost of the NEPA process for each proposed action that was carried out within the reporting period; and ``(II) for a proposed action for which the head of the Federal agency is still completing the NEPA process at the time the report is submitted-- ``(aa) the amount of money expended to date to carry out the NEPA process for the proposed action; and ``(bb) an estimate of the remaining costs before the NEPA process for the proposed action is complete.''. (c) Legal Reforms.--Section 105 of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (as amended by subsection (b)) is amended by adding at the end the following: ``(i) Judicial Review.-- ``(1) Standing.--Notwithstanding any other provision of law, a plaintiff may only bring a claim arising under Federal law seeking judicial review of a portion of the NEPA process if the plaintiff pleads facts that allege that the plaintiff has personally suffered, or will likely personally suffer, a direct, tangible harm as a result of the portion of the NEPA process for which the plaintiff is seeking review. ``(2) Statute of limitations.-- ``(A) In general.--Notwithstanding any other provision of law and except as provided in subparagraph (B)(ii), a claim arising under Federal law seeking judicial review of any portion of the NEPA process shall be barred unless it is filed not later than the earlier of-- ``(i) 150 days after the final agency action under the NEPA process has been taken; and ``(ii) if applicable, an earlier date after which judicial review is barred that is specified in the Federal law pursuant to which the judicial review is allowed. ``(B) New information.-- ``(i) Consideration.--A Federal agency shall consider for the purpose of a supplemental environmental impact statement new information received after the close of a comment period if the information satisfies the requirements for a supplemental environmental impact statement under the regulations of the Federal agency. ``(ii) Statute of limitations based on new information.--If a supplemental environmental impact statement is required under the regulations of a Federal agency, a claim for judicial review of the supplemental environmental impact statement shall be barred unless it is filed not later than the earlier of-- ``(I) 150 days after the publication of a notice in the Federal Register that the supplemental environmental impact statement is final; and ``(II) if applicable, an earlier date after which judicial review is barred that is specified in the Federal law pursuant to which the judicial review is allowed. ``(C) Savings clause.--Nothing in this paragraph creates a right to judicial review. ``(3) Remedies.-- ``(A) Preliminary injunctions and temporary restraining orders.-- ``(i) In general.--Subject to clause (ii), in a motion for a temporary restraining order or preliminary injunction against a Federal agency or project sponsor in a claim arising under Federal law seeking judicial review of any portion of the NEPA process, the plaintiff shall establish by clear and convincing evidence that-- ``(I) the plaintiff is likely to succeed on the merits; ``(II) the plaintiff is likely to suffer irreparable harm in the absence of the temporary restraining order or preliminary injunction, as applicable; ``(III) the balance of equities is tipped in the favor of the plaintiff; and ``(IV) the temporary restraining order or preliminary injunction is in the public interest. ``(ii) Additional requirements.--A court may not grant a motion described in clause (i) unless the court-- ``(I) makes a finding of extraordinary circumstances that warrant the granting of the motion; ``(II) considers the potential effects on public health, safety, and the environment, and the potential for significant negative effects on jobs resulting from granting the motion; and ``(III) notwithstanding any other provision of law, applies the requirements of Rule 65(c) of the Federal Rules of Civil Procedure. ``(B) Permanent injunctions.-- ``(i) In general.--Subject to clause (ii), in a motion for a permanent injunction against a Federal agency or project sponsor a claim arising under Federal law seeking judicial review of any portion of the NEPA process, the plaintiff shall establish by clear and convincing evidence that-- ``(I) the plaintiff has suffered an irreparable injury; ``(II) remedies available at law, including monetary damages, are inadequate to compensate for the injury; ``(III) considering the balance of hardship between the plaintiff and defendant, a remedy in equity is warranted; ``(IV) the public interest is not disserved by a permanent injunction; and ``(V) if the error or omission of a Federal agency in a statement required under this title is the grounds for which the plaintiff is seeking judicial review, the error or omission is likely to result in specific, irreparable damage to the environment. ``(ii) Additional showing.--A court may not grant a motion described in clause (i) unless-- ``(I) the court makes a finding that extraordinary circumstances exist that warrant the granting of the motion; and ``(II) the permanent injunction is-- ``(aa) as narrowly tailored as possible to correct the injury; and ``(bb) the least intrusive means necessary to correct the injury.''. (d) Other Reforms.--Title I of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is amended by inserting after section 105 (as amended by subsection (c)) the following: ``SEC. 106. EPA REVIEW. ``(a) Definition of Federal Agency.--In this section, the term `Federal agency' includes a State that has assumed the responsibility of a Federal agency under-- ``(1) section 107; or ``(2) section 327 of title 23, United States Code. ``(b) EPA Comments.--The Administrator of the Environmental Protection Agency (referred to in this section as the `Administrator') may comment on a draft or final submission of an environmental impact statement from any Federal agency. ``(c) Technical Assistance.--The Administrator may, on request of a Federal agency preparing a draft or final environmental impact statement, provide technical assistance in the completion of that environmental impact statement. ``SEC. 107. PROJECT DELIVERY PROGRAMS. ``(a) Definition of Agency Program.--In this section, the term `agency program' means a project delivery program established by a Federal agency under subsection (b)(1). ``(b) Establishment.-- ``(1) In general.--The head of each Federal agency, including the Secretary of Transportation, shall carry out a project delivery program. ``(2) Assumption of responsibility.-- ``(A) In general.--Subject to subparagraph (B), the head of each Federal agency shall, on request of a State, enter into a written agreement with the State, which may be in the form of a memorandum of understanding, in which the head of each Federal agency may assign, and the State may assume, the responsibilities of the head of the Federal agency under this title with respect to 1 or more projects within the State that are under the jurisdiction of the Federal agency. ``(B) Exception.--The head of a Federal agency shall not enter into a written agreement under subparagraph (A) if the head of the Federal agency determines that the State is not in compliance with the requirements described in subsection (c)(4). ``(C) Additional responsibility.--If a State assumes responsibility under subparagraph (A)-- ``(i) the head of the Federal agency may assign to the State, and the State may assume, all or part of the responsibilities of the head of the Federal agency for environmental review, consultation, or other action required under any Federal environmental law pertaining to the review or approval of a specific project; ``(ii) at the request of the State, the head of the Federal agency may also assign to the State, and the State may assume, the responsibilities of the head of the Federal agency under this title with respect to 1 or more projects within the State that are under the jurisdiction of the Federal agency; but ``(iii) the head of the Federal agency may not assign responsibility for any conformity determination required under section 176 of the Clean Air Act (42 U.S.C. 7506). ``(D) Procedural and substantive requirements.--A State shall assume responsibility under this section subject to the same procedural and substantive requirements as would apply if that responsibility were carried out by the Federal agency. ``(E) Federal responsibility.--Any responsibility of a Federal agency not explicitly assumed by the State by written agreement under subparagraph (A) shall remain the responsibility of the Federal agency. ``(F) No effect on authority.--Nothing in this section preempts or interferes with any power, jurisdiction, responsibility, or authority of an agency, other than the Federal agency for which the written agreement applies, under applicable law (including regulations) with respect to a project. ``(G) Preservation of flexibility.--The head of the Federal agency may not require a State, as a condition of participation in the agency program of the Federal agency, to forego project delivery methods that are otherwise permissible for projects under applicable law. ``(H) Legal fees.--A State assuming the responsibilities of a Federal agency under this section for a specific project may use funds awarded to the State for that project for attorneys' fees directly attributable to eligible activities associated with the project. ``(c) State Participation.-- ``(1) Participating states.--Except as provided in subsection (b)(2)(B), all States are eligible to participate in an agency program. ``(2) Application.--Not later than 270 days after the date of enactment of this section, the head of each Federal agency shall amend, as appropriate, regulations that establish requirements relating to information required to be contained in any application of a State to participate in the agency program, including, at a minimum-- ``(A) the projects or classes of projects for which the State anticipates exercising the authority that may be granted under the agency program; ``(B) verification of the financial resources necessary to carry out the authority that may be granted under the agency program; and ``(C) evidence of the notice and solicitation of public comment by the State relating to participation of the State in the agency program, including copies of comments received from that solicitation. ``(3) Public notice.-- ``(A) In general.--Each State that submits an application under this subsection shall give notice of the intent of the State to participate in an agency program not later than 30 days before the date of submission of the application. ``(B) Method of notice and solicitation.--The State shall provide notice and solicit public comment under this paragraph by publishing the complete application of the State in accordance with the appropriate public notice law of the State. ``(4) Selection criteria.--The head of a Federal agency may approve the application of a State under this section only if-- ``(A) the regulatory requirements under paragraph (2) have been met; ``(B) the head of the Federal agency determines that the State has the capability, including financial and personnel, to assume the responsibility; and ``(C) the head of the State agency having primary jurisdiction over the project enters into a written agreement with the head of the Federal agency as described in subsection (d). ``(5) Other federal agency views.--If a State applies to assume a responsibility of the Federal agency that would have required the head of the Federal agency to consult with the head of another Federal agency, the head of the Federal agency shall solicit the views of the head of the other Federal agency before approving the application. ``(d) Written Agreement.--A written agreement under subsection (b)(2)(A) shall-- ``(1) be executed by the Governor or the top-ranking official in the State who is charged with responsibility for the project; ``(2) be in such form as the head of the Federal agency may prescribe; ``(3) provide that the State-- ``(A) agrees to assume all or part of the responsibilities of the Federal agency described in subparagraphs (A) and (C) of subsection (b)(2); ``(B) expressly consents, on behalf of the State, to accept the jurisdiction of the Federal courts for the compliance, discharge, and enforcement of any responsibility of the Federal agency assumed by the State; ``(C) certifies that State laws (including regulations) are in effect that-- ``(i) authorize the State to take the actions necessary to carry out the responsibilities being assumed; and ``(ii) are comparable to section 552 of title 5, including providing that any decision regarding the public availability of a document under those State laws is reviewable by a court of competent jurisdiction; and ``(D) agrees to maintain the financial resources necessary to carry out the responsibilities being assumed; ``(4) require the State to provide to the head of the Federal agency any information the head of the Federal agency reasonably considers necessary to ensure that the State is adequately carrying out the responsibilities assigned to the State; ``(5) have a term of not more than 5 years; and ``(6) be renewable. ``(e) Jurisdiction.-- ``(1) In general.--The United States district courts shall have exclusive jurisdiction over any civil action against a State for failure to carry out any responsibility of the State under this section. ``(2) Legal standards and requirements.--A civil action under paragraph (1) shall be governed by the legal standards and requirements that would apply in such a civil action against the head of a Federal agency had the head of the Federal agency taken the actions in question. ``(3) Intervention.--The head of a Federal agency shall have the right to intervene in any action described in paragraph (1). ``(f) Effect of Assumption of Responsibility.--A State that assumes responsibility under subsection (b)(2) shall be solely responsible and solely liable for carrying out, in lieu of and without further approval of the head of the Federal agency, the responsibilities assumed under subsection (b)(2), until the agency program is terminated under subsection (k). ``(g) Limitations on Agreements.--Nothing in this section permits a State to assume any rulemaking authority of the head of a Federal agency under any Federal law. ``(h) Audits.-- ``(1) In general.--To ensure compliance by a State with any agreement of the State under subsection (d) (including compliance by the State with all Federal laws for which responsibility is assumed under subsection (b)(2)), for each State participating in an agency program, the head of a Federal agency shall-- ``(A) not later than 180 days after the date of execution of the agreement, meet with the State to review implementation of the agreement and discuss plans for the first annual audit; ``(B) conduct annual audits during each of the first 4 years of State participation; and ``(C) ensure that the time period for completing an annual audit, from initiation to completion (including public comment and responses to those comments), does not exceed 180 days. ``(2) Public availability and comment.-- ``(A) In general.--An audit conducted under paragraph (1) shall be provided to the public for comment. ``(B) Response.--Not later than 60 days after the date on which the period for public comment ends, the head of the Federal agency shall respond to public comments received under subparagraph (A). ``(3) Audit team.-- ``(A) In general.--An audit conducted under paragraph (1) shall be carried out by an audit team determined by the head of the Federal agency, in consultation with the State, in accordance with subparagraph (B). ``(B) Consultation.--Consultation with the State under subparagraph (A) shall include a reasonable opportunity for the State to review and provide comments on the proposed members of the audit team. ``(i) Monitoring.--After the fourth year of the participation of a State in an agency program, the head of the Federal agency shall monitor compliance by the State with the written agreement, including the provision by the State of financial resources to carry out the written agreement. ``(j) Report to Congress.--The head of each Federal agency shall submit to Congress an annual report that describes the administration of the agency program. ``(k) Termination.-- ``(1) Termination by federal agency.--The head of a Federal agency may terminate the participation of any State in the agency program of the Federal agency if-- ``(A) the head of the Federal agency determines that the State is not adequately carrying out the responsibilities assigned to the State; ``(B) the head of the Federal agency provides to the State-- ``(i) a notification of the determination of noncompliance; ``(ii) a period of not less than 120 days to take such corrective action as the head of the Federal agency determines to be necessary to comply with the applicable agreement; and ``(iii) on request of the Governor of the State, a detailed description of each responsibility in need of corrective action regarding an inadequacy identified under subparagraph (A); and ``(C) the State, after the notification and period provided under subparagraph (B), fails to take satisfactory corrective action, as determined by the head of the Federal agency. ``(2) Termination by the state.--A State may terminate the participation of the State in an agency program at any time by providing to the head of the applicable Federal agency a notice by not later than the date that is 90 days before the date of termination, and subject to such terms and conditions as the head of the Federal agency may provide. ``(l) Capacity Building.--The head of a Federal agency, in cooperation with representatives of State officials, may carry out education, training, peer-exchange, and other initiatives as appropriate-- ``(1) to assist States in developing the capacity to participate in the agency program of the Federal agency; and ``(2) to promote information sharing and collaboration among States that are participating in the agency program of the Federal agency. ``(m) Relationship to Locally Administered Projects.--A State granted authority under an agency program may, as appropriate and at the request of a local government-- ``(1) exercise that authority on behalf of the local government for a locally administered project; or ``(2) provide guidance and training on consolidating and minimizing the documentation and environmental analyses necessary for sponsors of a locally administered project to comply with this title and any comparable requirements under State law.''. (e) Prohibition on Guidance.--No Federal agency, including the Council on Environmental Quality, may reissue the final guidance of the Council on Environmental Quality entitled ``Final Guidance for Federal Departments and Agencies on Consideration of Greenhouse Gas Emissions and the Effects of Climate Change in National Environmental Policy Act Reviews'' (81 Fed. Reg. 51866 (August 5, 2016)) or substantially similar guidance unless authorized by an Act of Congress. (f) Definitions.--Title I of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) (as amended by subsection (a)(1)) is amended by adding at the end the following: ``SEC. 109. DEFINITIONS. ``In this title: ``(1) Environmental assessment.--The term `environmental assessment' has the meaning given the term in section 1508.9 of title 40, Code of Federal Regulations (or a successor regulation). ``(2) Environmental impact statement.--The term `environmental impact statement' means a detailed statement required under section 102(2)(C). ``(3) NEPA process.-- ``(A) In general.--The term `NEPA process' means the entirety of every process, analysis, or other measure, including an environmental impact statement, required to be carried out by a Federal agency under this title before the agency undertakes a proposed action. ``(B) Period.--For purposes of subparagraph (A), the NEPA process-- ``(i) begins on the date on which the head of a Federal agency receives an application for a proposed action from a project sponsor; and ``(ii) ends on the date on which the Federal agency issues, with respect to the proposed action-- ``(I) a record of decision, including, if necessary, a revised record of decision; ``(II) a finding of no significant impact; or ``(III) a categorical exclusion under this title. ``(4) Project sponsor.--The term `project sponsor' means a Federal agency or other entity, including a private or public- private entity, that seeks approval of a proposed action.''. (g) Conforming Amendments.-- (1) Policy review.--Section 309 of the Clean Air Act (42 U.S.C. 7609) is repealed. (2) Surface transportation project delivery program.-- Section 327 of title 23, United States Code, is amended-- (A) in subsection (a)(1), by striking ``The Secretary'' and inserting ``Subject to subsection (m), the Secretary''; and (B) by adding at the end the following: ``(m) Sunset.-- ``(1) In general.--Except as provided under paragraph (2), the authority provided by this section terminates on the date of enactment of this subsection. ``(2) Existing agreements.--Subject to the requirements of this section, the Secretary may continue to enforce any agreement entered into under this section before the date of enactment of this subsection.''. SEC. 3. ATTORNEY FEES IN ENVIRONMENTAL LITIGATION. (a) Administrative Procedure.--Section 504(b)(1) of title 5, United States Code, is amended-- (1) in subparagraph (E), by striking ``and'' at the end; (2) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(G) `special factor' does not include knowledge, expertise, or skill in environmental litigation.''. (b) United States as Party.--Section 2412(d)(2) of title 28, United States Code, is amended-- (1) in subparagraph (H), by striking ``and'' at the end; (2) in subparagraph (I), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(J) `special factor' does not include knowledge, expertise, or skill in environmental litigation.''. <all>

UNSHACKLE Act

A bill to amend the National Environmental Policy Act of 1969 to impose time limits on the completion of certain required actions under the Act, and for other purposes.

UNSHACKLE Act Undoing NEPA’s Substantial Harm by Advancing Concepts that Kickstart the Liberation of the Economy Act

Sen. Lee, Mike

R

UT

S.4897

Education

Student Loan Reform Act of 2022 This bill makes various changes to the federal student loan system, including by imposing a penalty on institutions of higher education for borrowers who default on student loans and prohibiting new Federal Direct PLUS Loans from being made to student loan borrowers (with an exception for parent borrowers and covered health care students) on or after July 1, 2023. The bill also addresses expressive activities (e.g., peacefully assembling, distributing literature, or carrying signs) on campuses.

To make reforms at institutions of higher education. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Reform Act of 2022''. SEC. 2. PLUS LOAN REFORMS. (a) In General.--Section 455(a) of the Higher Education Act of 1965 (20 U.S.C. 1087e(a)) is amended by adding at the end the following: ``(4) Termination and restriction of authority to make federal direct plus loans.-- ``(A) Termination of authority to make federal direct plus loans to graduate or professional students who are not covered healthcare students.-- Notwithstanding any provision of this part or part B, for any period of instruction beginning on or after July 1, 2023, a graduate or professional student (except for a covered healthcare student) shall not be eligible to receive a Federal Direct PLUS Loan under this part for the student's graduate or professional studies. ``(B) Exception for parent borrowers and covered healthcare students.--Notwithstanding any provision of this part or part B, for any period of instruction beginning on or after July 1, 2023 and for any parent borrower of a Federal Direct PLUS loan or any covered healthcare student-- ``(i) the maximum annual amount of any Federal Direct PLUS Loan shall not exceed $10,000; and ``(ii) the maximum aggregate lifetime amount of any Federal Direct PLUS Loans shall not exceed $40,000. ``(C) Covered healthcare student.--In this paragraph, the term `covered healthcare student' means-- ``(i) a student who is in a course of study to-- ``(I) become a Doctor of Allopathic Medicine, Doctor of Osteopathic Medicine, Doctor of Dentistry, Doctor of Optometry, Doctor of Podiatric Medicine, Doctor of Naturopathic Medicine, Doctor of Naturopathy, Doctor of Veterinary Medicine, Doctor of Pharmacy, or Doctor of Chiropractic; or ``(II) earn a doctoral degree in clinical psychology or a masters or doctoral degree in health administration; and ``(ii) a student who is in a course of study to become a nurse who will have the same scope of practice as a doctor or degree program described in clause (i).''. (b) Report.-- (1) In general.--By not later than 3 years after the date of enactment of this Act, the Secretary of Education shall submit a report to Congress offering recommendations on other critical STEM-based professions with a high return on investment for which graduate and professional students should be allowed to access Federal Direct PLUS Loans under part D of title IV of the Higher Education Act of 1965 (20 U.S.C.1087a et seq.) for their graduate and professional studies. (2) Considerations.--In carrying out paragraph (1), the Secretary shall consider-- (A) how expanding Federal Direct PLUS Loans to graduate and professional students as described in paragraph (1) would benefit low-income students; and (B) how Congress could index the maximum amount of Federal Direct PLUS Loans for each graduate or professional student borrower to the median earnings for graduates of the borrower's program of study at the borrower's institution of higher education, or the borrower's program of study at a peer institution of higher education. (3) Definition of stem-based.--In this subsection, the term ``STEM-based'' means based in science, technology, engineering, or mathematics. SEC. 3. LOAN DEFAULT PENALTY. Section 454 of the Higher Education Act of 1965 (20 U.S.C. 1087d(a)) is amended-- (1) in subsection (a)-- (A) in paragraph (5), by striking ``and'' after the semicolon; (B) by redesignating paragraph (6) as paragraph (8); and (C) by inserting after paragraph (5) the following: ``(6) provide that the institution accepts the loan default penalty requirements under subsection (d);''; and (2) by adding at the end the following: ``(d) Loan Default Penalty Requirements.-- ``(1) In general.--Beginning with the second fiscal year that begins after the date of enactment of the Student Loan Reform Act of 2022, and each succeeding fiscal year, each institution of higher education participating in the direct student loan program under this part shall remit to the Secretary, at such times as the Secretary may specify, a student loan default penalty, as determined under paragraph (2). ``(2) Student loan default penalty.--For each fiscal year, the student loan default penalty shall be an amount equal to 25 percent of the total amount of loans under this part received for attendance at the institution-- ``(A) that entered into default loan status in the previous fiscal year; ``(B) for which a borrower entered default loan status for the first time; and ``(C) for which the borrower did not exit default loan status within the first 60 days after entering such status.''. SEC. 4. INSTITUTIONAL RESPONSIBILITY FOR LOAN REPAYMENT. Section 454 of the Higher Education Act of 1965 (20 U.S.C. 1087d(a)), as amended by section 3, is further amended-- (1) in subsection (a), by inserting after paragraph (6) the following:-- ``(7) provide that the institution accepts the institutional responsibility guarantee requirements under subsection (e); and''; (2) by adding at the end the following: ``(e) Institutional Responsibility Guarantee.-- ``(1) In general.--Beginning with respect to loans under this part that are disbursed during the first award year that begins after the date of enactment of the Student Loan Reform Act of 2022, and each succeeding fiscal year, each institution of higher education participating in the Direct student loan program under this part shall provide a written agreement to the Secretary asserting that the institution will remit to the Secretary, at such times as the Secretary may specify, an institutional responsibility payment, as determined under paragraph (2). ``(2) Institutional responsibility payment.--The institutional responsibility payment shall be, for each borrower who was enrolled in the institution, an amount equal to the lesser of-- ``(A) a percentage of the total outstanding balance of that borrower that was received for attendance at the institution by that borrower that is equal to 1 percent for each $1000 of the total amount under this part received for attendance at the institution by that borrower; or ``(B) 50 percent of the total outstanding balance of that borrower that was received under this part for attendance at the institution by that borrower. ``(3) Use of institutional responsibility payment.--The Secretary shall apply all of an institutional responsibility payment received under this subsection for a borrower to the outstanding Direct student loan obligation of such student, and shall notify the student of the reduction in the balance of the student's Direct student loan obligations. ``(4) Total outstanding balance.--In this subsection, the term `total outstanding balance' means the total amount of loans under this part-- ``(A) that have gone into default status and remain unpaid after a period of 10 years or more; and ``(B) that remain unpaid after the period described in subparagraph (A) and after the Secretary has exhausted attempts to recover repayment from the borrower, including through wage garnishment under section 488A, an administrative offset under section 3716 of title 31, United States Code, a Federal salary offset, or any other legal means through which the Secretary may recover repayment of Federal student loans.''. SEC. 5. LIMIT ON ADMINISTRATIVE STAFF. (a) Program Participation Agreement.--Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following: ``(30) The institution will agree to the limit on administrative staff requirements described in section 487C.''. (b) Limit on Administrative Staff.--Part G of title IV of the Higher Education Act of 1965 (20 U.S.C. 1088 et seq.) is amended by inserting after section 487B the following: ``SEC. 487C. LIMIT ON ADMINISTRATIVE STAFF. ``(a) Definitions.--In this section: ``(1) Administrative staff.--The term `administrative staff'-- ``(A) means staff whose duties are primarily non- academic, non-instructional, and non-research; ``(B) includes any institutional support staff, such as human resources, marketing, public relations, government relations, executive, administrative, or managerial staff; ``(C) includes student services staff, such as diversity, equity, and inclusion staff; ``(D) includes members of the academic administration, such as deans or provosts; and ``(E) excludes grounds and maintenance staff, cafeteria staff, healthcare practitioners, campus security, religious clergy supported by the institution, and information technology support staff. ``(2) Covered institution.-- ``(A) In general.--The term `covered institution'-- ``(i) means an institution that-- ``(I) charged an amount for undergraduate tuition and fees equal to or greater than $20,000 for an academic year after the date of enactment of the Student Loan Reform Act of 2022, as determined by the Secretary on an annual basis; and ``(II) for the first covered year, had 200 or more individuals serving as administrative staff; and ``(ii) excludes-- ``(I) an institution that is controlled by or that is closely identified with the tenets of a particular religious organization, as described in section 106.12(c) of title 34, Code of Federal Regulations (as in effect on the date of enactment of the Student Loan Reform Act of 2022); and ``(II) an institution that is a medical school, as determined by the Secretary. ``(B) Special rule.--If an institution charges separate amounts of undergraduate tuition and fees and for in-State and out-of-State students, the amount of tuition and fees for the purposes of this paragraph shall be determined based on the amount that is an average of in-State and out-of-State undergraduate tuition and fees. ``(3) First covered year.--The term `first covered year', when used with respect to a covered institution, means the first academic year after the date of enactment of the Student Loan Reform Act of 2022 for which the institution's undergraduate tuition and fees exceeded $20,000, as determined in accordance with paragraph (2). ``(b) In General.--Beginning for the second academic year after the date of enactment of the Student Loan Reform Act of 2022, a covered institution that participates in a program under this title shall be required-- ``(1) each year of a school's participation in a program under this title, to reduce 10 percent of administrative staff at the institution, as compared to the total amount of such administrative staff at the institution in the first covered year, until the completion of the 5th year of such reductions, at which time the institution shall be required to demonstrate to the Secretary that the institution has reduced 50 percent of the administrative staff at the institution, as compared to the administrative staff at the institution in the first covered year; ``(2) to ensure that after the completion of the 5-year period described in paragraph (1), the institution shall not increase the number of administrative staff at the institution by more than 1 percent annually for the remainder of the institution's participation in a program under this title; ``(3) to eliminate administrative staff in the order specified under subsection (c); and ``(4) to submit an annual certification to the Secretary asserting that the institution meets the requirements of paragraphs (1), (2), and (3). ``(c) Priority for Administrative Staff Reductions.--An institution shall reduce administrative staff in the following order: ``(1) First, reducing diversity, equity, and inclusion staff by not less than 95 percent. ``(2) Second, reducing executive or management staff. ``(3) Third, reducing human resources staff.''. SEC. 6. AFFIRMATIVE ACTION. (a) Institution of Higher Education.--The term ``institution of higher education'' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (b) Prohibition on Preferential Treatment or Discrimination.--An institution of higher education receiving Federal funds shall not grant preferential treatment to, or discriminate against, any individual or group on the basis of race, color, ethnicity, or national origin, including treatment or discrimination related to employment and student admissions. SEC. 7. CRITICAL RACE THEORY. (a) Definitions.-- (1) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (2) Race-based theory.--The term ``race-based theory'' means a theory that-- (A) any race is inherently superior or inferior to any other race; (B) the United States is a fundamentally racist country; (C) the Declaration of Independence or the Constitution of the United States is a fundamentally racist document; (D) an individual's moral worth is determined by the race of the individual; (E) an individual, by virtue of the race of the individual, is inherently racist or oppressive, whether consciously or unconsciously; or (F) an individual, because of the race of the individual, bears responsibility for the actions committed by members of the race of the individual. (b) Prohibition on Award of Funds to Certain Institutions of Higher Education.--No Federal funds may be awarded to an institution of higher education if such institution compels teachers or students to affirm, adhere to, adopt, or profess race-based theories or beliefs contrary to title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). (c) Rules of Construction.-- (1) Protected speech not restricted.--Nothing in this section shall be construed to restrict the speech of a student, a teacher, or any other individual outside of an instructional setting of an institution of higher education. (2) Access to materials for the purpose of research or independent study.--Nothing in this section shall be construed to prevent an individual from accessing materials that advocate race-based theories for the purpose of research or independent study. SEC. 8. EXCISE TAXES ON CERTAIN COLLEGES AND UNIVERSITIES. (a) Excise Tax on Certain Large Private College and University Endowments.-- (1) In general.--Subchapter H of chapter 42 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 4969. EXCISE TAX ON CERTAIN LARGE PRIVATE COLLEGE AND UNIVERSITY ENDOWMENTS. ``(a) Tax Imposed.--There is hereby imposed on each specified applicable educational institution for the taxable year a tax equal to 1 percent of the aggregate fair market value of the assets of the institution at the end of the preceding taxable year. ``(b) Specified Applicable Educational Institution.--For purposes of this subchapter, the term `specified applicable educational institution' means any applicable educational institution, other than an institution which is religious in nature, the aggregate fair market value of the assets of which at the end of the preceding taxable year (other than those assets which are used directly in carrying out the institution's exempt purpose) is at least $2,500,000,000. ``(c) Other Terms.--For purposes of this section-- ``(1) Assets.--The rules of section 4968(d) shall apply. ``(2) Student.--The rules of section 4968(b)(2) shall apply.''. (2) Clerical amendment.--The table of sections for subchapter H of chapter 42 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 4969. Excise tax on certain large private college and university endowments.''. (b) Failure To Distribute Endowment Assets.-- (1) In general.--Subchapter H of chapter 42 of the Internal Revenue Code of 1986, as amended by subsection (a), is amended by adding at the end the following new section: ``SEC. 4970. FAILURE TO DISTRIBUTE ENDOWMENT ASSETS. ``(a) Tax Imposed.--There is hereby imposed on the undistributed excess endowment amount of each specified applicable educational institution for the taxable year, which has not been distributed before the first day of the second (or any succeeding) taxable year following such taxable year (if such first day falls within the taxable period), a tax equal to 30 percent of such undistributed excess endowment amount remaining undistributed at the beginning of such second (or succeeding) taxable year. The tax imposed by this section shall not apply to the undistributed excess endowment amount of a specified applicable educational institution to the extent that the foundation failed to distribute any amount solely because of an incorrect valuation of assets, if-- ``(1) the failure to value the assets properly was not willful and was due to reasonable cause, ``(2) such amount is distributed as qualifying distributions by the institution during the allowable distribution period, ``(3) the institution notifies the Secretary that such amount has been distributed as qualifying distributions to correct such failure, and ``(4) such distribution is treated, by reason of subsection (e)(2), as made out of the undistributed income for the taxable year for which a tax would (except for this paragraph) have been imposed under this subsection. ``(b) Additional Tax.--In any case in which an initial tax is imposed under subsection (a) on the undistributed excess endowment amount of any specified applicable educational institution for any taxable year, if any portion of such amount remains undistributed at the close of the taxable period, there is hereby imposed a tax equal to 100 percent of the amount remaining undistributed at such time. ``(c) Undistributed Excess Endowment Amount.--For purposes of this section, the term `undistributed excess endowment amount' means, with respect to any specified applicable educational institution for any taxable year as of any time, the amount by which-- ``(1) the distributable amount for such taxable year, exceeds ``(2) the qualifying distributions made before such time out of such distributable amount. ``(d) Distributable Amount.--For purposes of this section, the term `distributable amount' means, with respect to any specified applicable educational institution for any taxable year, an amount equal to 5 percent of the aggregate fair market value of the assets of the institution at the end of the preceding taxable year. The rules of section 4968(d) shall apply for purposes of this section. ``(e) Qualifying Distributions.--For purposes of this section-- ``(1) In general.--The term `qualifying distribution' has the meaning given such term in section 4942(g). ``(2) Other rules.--The rules of subsections (h) and (i) of section 4942 shall apply. ``(f) Taxable Period; Allowable Distribution Period.--The rules of paragraphs (1) and (2) of section 4942(j) shall apply for purposes of this section.''. (2) Clerical amendment.--The table of sections for subchapter H of chapter 42 of the Internal Revenue Code of 1986, as amended by subsection (a), is further amended by adding at the end the following new item: ``Sec. 4970. Failure to distribute endowment assets.''. (c) Establishment of Excise Tax on Excessive Tuition.-- (1) In general.--Subchapter H of chapter 42 of the Internal Revenue Code of 1986, as amended by subsections (a) and (b), is amended by adding at the end the following new section: ``SEC. 4970A. EXCISE TAX ON EXCESSIVE TUITION. ``(a) Tax Imposed.--There is hereby imposed on each applicable institution of higher education for the taxable year a tax equal to 20 percent of the total amount of excessive tuition received by such applicable institution of higher education during such taxable year. ``(b) Excessive Tuition.-- ``(1) In general.--In this section, the term `excessive tuition' means, with respect to any individual enrolled at the undergraduate level in the applicable institution of higher education during any taxable year, the amount (if any) equal to the excess of-- ``(A) the amount of undergraduate tuition and fees paid by such individual to such applicable institution of higher education during such taxable year, over ``(B) $40,000. ``(2) Tuition and fees.--For purposes of paragraph (1)(A), the term `tuition and fees' has the same meaning given the term `qualified tuition and related expenses' under section 25A(f)(1). ``(c) Applicable Institution of Higher Education.--In this section, the term `applicable institution of higher education' means an institution of higher education as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002) that is not-- ``(1) an institution which is controlled by or which is closely identified with the tenets of a particular religious organization; or ``(2) a medical school, as described in section 487C(a)(2)(A)(ii)(II) of the Higher Education Act of 1965.''. (2) Clerical amendment.--The table of sections for subchapter H of chapter 42 of such Code, as amended by subsections (a) and (b), is amended by adding at the end the following new item: ``Sec. 4970A. Excise tax on excessive tuition.''. (d) Transfer of Funds.--The Secretary of the Treasury (or such Secretary's delegate) shall from time to time transfer from the general fund of the Treasury to the Secretary of Commerce amounts equal to the increase in revenues by reason of the enactment of subsections (a), (b), and (c), for the purpose of expanding opportunities relating to employer-led apprenticeship programs and on-the-job workforce training. Such funds shall be available until expended to carry out such activities through grants, cooperative agreements, contracts and other arrangements, with States and other appropriate entities. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of enactment of this Act. SEC. 9. BAN ON REQUIRING FAFSA FOR FAMILIES WHO ARE NOT USING FEDERAL STUDENT AID. Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)), as amended by section 5, is further amended by adding at the end the following: ``(31) The institution will not require or pressure any prospective, accepted, or enrolled student at the institution to submit a Free Application for Federal Student Aid under section 483 if such student does not wish to apply for or accept Federal student aid.''. SEC. 10. CAMPUS FREE SPEECH RESTORATION. (a) Protection of Student Speech and Association Rights.--Section 112(a) of the Higher Education Act of 1965 (20 U.S.C. 1011a(a)) is amended-- (1) by redesignating paragraph (2) as paragraph (4); and (2) by inserting after paragraph (1) the following: ``(2) It is the sense of Congress that-- ``(A) every individual should be free to profess, and to maintain, the opinion of such individual in matters of religion or philosophy, and that professing or maintaining such opinion should in no way diminish, enlarge, or affect the civil liberties or rights of such individual on the campus of an institution of higher education; and ``(B) no public institution of higher education directly or indirectly receiving financial assistance under this Act should limit religious expression, free expression, or any other rights provided under the First Amendment to the Constitution of the United States. ``(3) It is the sense of Congress that-- ``(A) free speech zones and restrictive speech codes are inherently at odds with the freedom of speech guaranteed by the First Amendment to the Constitution of the United States; ``(B) bias reporting systems are susceptible to abuses that may put them at odds with the freedom of speech guaranteed by the First Amendment to the Constitution of the United States; and ``(C) no public institution of higher education directly or indirectly receiving financial assistance under this Act should restrict the speech of such institution's students through improperly restrictive zones, codes, or bias reporting systems.''. (b) Campus Speech Policies at Institutions of Higher Education.-- Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et. seq.) is amended-- (1) in section 487(a), as amended by sections 5 and 9, by adding at the end the following: ``(32) In the case of an institution that is-- ``(A) a public institution, the institution will comply with the expressive activity protections described in section 493E; and ``(B) not a public institution, the institution will comply with the policies in section 493F.''; and (2) in part G, by inserting after section 493D the following: ``SEC. 493E. CAMPUS SPEECH POLICIES AT PUBLIC UNIVERSITIES. ``(a) Definition of Expressive Activities.-- ``(1) In general.--In this section, the term `expressive activity' includes-- ``(A) peacefully assembling, protesting, speaking, or listening; ``(B) distributing literature; ``(C) carrying a sign; ``(D) circulating a petition; or ``(E) other expressive rights guaranteed under the First Amendment to the Constitution of the United States. ``(2) Exclusions.--In this section, the term `expressive activity' does not include unprotected speech (as defined by the precedents of the Supreme Court of the United States). ``(b) Expressive Activities at an Institution.-- ``(1) In general.--Each public institution of higher education participating in a program under this title may not prohibit, subject to paragraph (2), a person from freely engaging in noncommercial expressive activity in a generally accessible outdoor area on the institution's campus if the person's conduct is lawful. ``(2) Restrictions.--An institution of higher education described in paragraph (1) may not maintain or enforce time, place, or manner restrictions on an expressive activity in a generally accessible outdoor area of the institution's campus unless the restriction-- ``(A) is necessary to achieve a compelling governmental interest; ``(B) is the least restrictive means of furthering that compelling governmental interest; ``(C) is based on published, content-neutral, and viewpoint-neutral criteria; ``(D) leaves open ample alternative channels for communication; and ``(E) provides for spontaneous assembly and distribution of literature. ``(3) Application.--The protections provided under paragraph (1) do not apply to expressive activity in an area on an institution's campus that is not a generally accessible outdoor area. ``(4) Nonapplication to service academies.--This section shall not apply to an institution of higher education whose primary purpose is the training of individuals for the military services of the United States, or the merchant marine. ``(c) Causes of Action.-- ``(1) Authorization.--The following persons may bring an action in a Federal court of competent jurisdiction to enjoin a violation of subsection (b) or to recover compensatory damages, reasonable court costs, or reasonable attorney fees: ``(A) The Attorney General. ``(B) A person claiming that the person's expressive activity rights, as described in subsection (b)(1), were violated. ``(2) Actions.--Notwithstanding any other provision of law, in an action brought under this section, the Federal court shall decide de novo all relevant questions of fact and law, including the interpretation of constitutional, statutory, and regulatory provisions, unless the parties stipulate otherwise. In an action brought under this subsection, if the court finds a violation of subsection (b), the court-- ``(A) shall-- ``(i) enjoin the violation; and ``(ii) if a person whose expressive activity rights were violated brought the action, award the person-- ``(I) not less than $500 for an initial violation; and ``(II) if the person notifies the institution of the violation, $50 for each day the violation continues after the notification if the institution did not act to discontinue the cause of the violation; and ``(B) may award a prevailing plaintiff-- ``(i) compensatory damages; ``(ii) reasonable court costs; or ``(iii) reasonable attorney fees. ``(d) Statute of Limitations.-- ``(1) In general.--Except as provided in paragraph (3), an action under subsection (c) may not be brought later than 1 year after the date of the violation. ``(2) Continuing violation.--Each day that a violation of subsection (b) continues after an initial violation of subsection (b), and each day that an institution's policy in violation of subsection (b) remains in effect, shall constitute a continuing violation of subsection (b). ``(3) Extension.--For a continuing violation described in paragraph (2), the limitation described in paragraph (1) shall extend to 1 year after the date on which the most recent violation occurs. ``(e) Federal Review of Speech Policies.-- ``(1) No eligibility for funds.-- ``(A) In general.--No public institution of higher education shall be eligible to receive funds under this Act, including participation in any program under this title, if the Secretary determines that the institution-- ``(i) maintains a policy that infringes upon the expressive rights of students under the First Amendment to the Constitution of the United States; or ``(ii) maintains or enforces time, place, or manner restrictions on an expressive activity in a generally accessible outdoor area of the institution's campus that do not comply with subparagraphs (A) through (E) of subsection (b)(2). ``(B) Court review.--Notwithstanding any other provision of law, the Secretary's determinations under this subsection shall be reviewed de novo with respect to all relevant questions of fact and law, including the interpretation of constitutional, statutory, and regulatory provisions, unless the parties stipulate otherwise. ``(2) Designation of an employee to receive complaints.-- The Secretary shall designate an employee in the Office of Postsecondary Education of the Department to receive complaints from students or student organizations at a given public institution of higher education, or from any other person or organization, regarding policies at the institution-- ``(A) that infringe upon the expressive rights of students under the First Amendment to the Constitution of the United States; or ``(B) that maintain or enforce time, place, or manner restrictions on an expressive activity in a generally accessible outdoor area of the institution's campus that do not comply with subparagraphs (A) through (E) of subsection (b)(2). ``(3) Complaint.--A complaint submitted under subparagraph (2)-- ``(A) shall include the provision of the institution's policy the complainant believes either infringes upon the expressive rights of students under the First Amendment to the Constitution of the United States or maintains or enforces time, place, or manner restrictions on an expressive activity in a generally accessible outdoor area of the institution's campus that does not comply with subparagraphs (A) through (E) of subsection (b)(2), along with any evidence regarding the operation and enforcement of such policy the complainant deems relevant; and ``(B) may include an argument as to why the policy in question either infringes upon the expressive rights of students under the First Amendment to the Constitution of the United States or maintains or enforces time, place, or manner restrictions on an expressive activity in a generally accessible outdoor area of the institution's campus that does not comply with subparagraphs (A) through (E) of subsection (b)(2). ``(4) System of review.-- ``(A) First stage review.-- ``(i) Request for response.--Not later than 7 days after the date of receipt of a complaint under paragraph (2), the Secretary shall review the complaint and request a response to the complaint from the institution. ``(ii) Institution response.--Not later than 30 days after the date the Secretary requests a response under clause (i), the institution shall-- ``(I) certify to the Secretary that the institution has entirely withdrawn the policy that occasioned the complaint; ``(II) submit a revised policy for review by the Secretary; or ``(III) submit a defense of the policy that occasioned the complaint. ``(iii) Availability to complainant.-- ``(I) In general.--Not later than 7 days after the date of receipt of a revised policy or defense of the original policy as submitted by the institution pursuant to clause (ii), the Secretary shall make available to the complainant a copy of such revised policy or defense. ``(II) Response by complainant.-- Not later than 60 days after the date of receipt of a revised policy or defense of the original policy under subclause (I), the complainant may submit to the Secretary a response to the revised policy or defense of the original policy. ``(III) Submission to the institution of response.--Not later than 7 days after the date of receipt of a response under subclause (II), the Secretary shall submit to the institution a copy of such response. ``(iv) Determinations.--If the institution declines to entirely withdraw the policy that occasioned the complaint and either submits a revised policy for review or submits a defense of the policy that occasioned the complaint, the Secretary shall, not later than 60 days after the date of the deadline for a response by the complaint as described in clause (iii)(II), make one of the following determinations: ``(I) Determine that the complaint in question has insufficient merit to proceed to Second Stage Review described in subparagraph (B). ``(II) Determine that the complaint in question has sufficient merit to proceed to Second Stage Review described in subparagraph (B). ``(v) Notification.--Not later than 7 days after the date the Secretary makes a determination under clause (iv), the Secretary shall notify the institution and the complainant of such determination. ``(vi) End.--The determination under clause (iv) shall constitute the end of First Stage Review. ``(B) Second stage review.-- ``(i) In general.--In a Second Stage Review, the Secretary shall notify the institution and the complainant of the commencement of the Second Stage Review, and shall give the institution the option of entirely withdrawing the policy that occasioned the complaint or submitting a revised policy for review within 30 days of the commencement of the Second Stage Review. In such notification submitted to the institution and complainant, the Secretary shall indicate the relevant sections of the institution's policy in question and explain why these sections may be out of compliance. ``(ii) Determination.--Not later than 90 days from the commencement of the Second Stage Review, the Secretary shall determine whether the policy that occasioned the complaint, or the revised policy submitted during the First Stage Review, or the revised policy submitted within the first 30 days of the Second Stage Review, is in violation of student rights under the First Amendment to the Constitution of the United States or of the restrictions on the regulation of speech by time, place, and manner set forth in this section, thereby ending Second Stage Review. ``(iii) Investigation.--During Second Stage Review, the Secretary may conduct an investigation in which further information may be sought or requested from the complainant, the institution, or any other source the Secretary determines pertinent. ``(iv) Certification of withdrawal.--At any point during the Second Stage Review, the institution in question may certify to the Secretary that it has entirely withdrawn the policy that occasioned the complaint, thereby ending the Second Stage Review. ``(v) Notification and justification.--If the Secretary determines by the conclusion of Second Stage Review that the policy that occasioned the complaint or the revised policy submitted for review during First Stage Review or Second Stage Review is consistent with the expressive rights of students under the First Amendment to the Constitution of the United States and the restrictions on the regulation of speech by time, place, and manner set forth in this Act-- ``(I) the Secretary shall notify the complainant and the institution of such determination not more than 7 days after the date of the determination; and ``(II) the Secretary shall explain and justify such determination in a written decision citing relevant legal precedent, copies of which shall be sent to the complainant, the institution, and made available for public inspection, including for online reading by the public. ``(C) Determination that institution is out of compliance.-- ``(i) In general.--If, upon completion of the Second Stage Review, the Secretary determines that the policy that occasioned the complaint, or the revised policy submitted for review during the First Stage Review or Second Stage Review, violates the First Amendment to the Constitution of the United States or the restrictions on the regulation of speech set forth in this section, the Secretary shall notify the complainant and the institution not more than 7 days after the date of completion of Second Stage Review that the institution is out of compliance with the requirements for receiving funds under this Act, including participation in any program under this title, but will be granted a grace period of 120 days to return to compliance before being formally stripped of eligibility. ``(ii) Posting; explanation; final review.--As part of the notification under clause (i), the Secretary shall-- ``(I) require the institution to post the determination of the Secretary on the website of the institution within 2 clicks of the homepage, without a paywall, email login, or other restriction to access; ``(II) explain and justify the determination of the Secretary in a written decision citing relevant legal precedent, copies of which shall be sent to the complainant, the institution, and made available for public inspection, including for online reading by the public; and ``(III) inform the institution that Final Review has begun and that the institution must either certify to the Secretary that it has entirely withdrawn the policy that occasioned the complaint, or submit a revised policy for review to the Secretary not later than 60 days after the date of receipt of notice of the conclusion of Second Stage Review. ``(D) Final review.-- ``(i) In general.--If an institution submits a revised policy for review as described in subparagraph (C)(ii)(III), the Secretary shall review such revised policy and determine not later than 120 days after the date of commencement of Final Review whether the revised policy is consistent with the expressive rights of students under the First Amendment to the Constitution of the United States and with the restrictions on the regulation of speech by time, place, and manner set forth in this Act. ``(ii) Determination of compliance.--If the Secretary determines, as described in clause (i), that the revised policy is consistent with the expressive rights of students under the First Amendment to the Constitution of the United States and with the restrictions on the regulation of speech by time, place, and manner set forth in this Act, the Secretary shall notify the complainant and the institution of such determination not more than 7 days after the date the determination is made, thereby ending the final Stage Review. ``(iii) Determination of violation.--If the Secretary determines, as described in clause (i), that the revised policy violates the expressive rights of students under the First Amendment to the Constitution of the United States or the restrictions on the regulation of speech by time, place, and manner set forth in this Act, the Secretary shall-- ``(I) notify the complainant and the institution of such determination not more than 7 days after the date the determination is made, thereby ending the final Stage Review; and ``(II) explain and justify the determination in a written decision citing relevant legal precedent, copies of which shall be sent to the complainant, the institution, and made available for public inspection, including for online reading by the public. ``(E) Loss of eligibility.-- ``(i) In general.--If the Secretary determines, during the Final Stage Review, that the institution's policy in question violates the expressive rights of students under the First Amendment to the Constitution of the United States or the restrictions on the regulation of speech by time, place, and manner set forth in this Act, the Secretary shall-- ``(I) notify the complainant and the institution not more than 7 days after the date of the determination that the institution will lose eligibility to receive funds under this Act, including participation in any program under this title, in accordance with this subparagraph; ``(II) notify the institution that the loss of eligibility shall go into effect beginning with any student notified of acceptance for admission to the institution during the academic year subsequent to the academic year during which the determination is made, and that no restoration of eligibility for ineligible students in subsequent academic years will occur prior to the beginning of the third academic year subsequent to the academic year during which the determination is made; ``(III) explain and justify the determination in a written decision citing relevant legal precedent, copies of which shall be sent to the complainant, the institution, and made available for public inspection, including for online reading by the public; and ``(IV) require the institution to post the determination of the Secretary on the website of the institution, within two clicks of the homepage, without a paywall, email login, or other restriction to access. ``(ii) Continued eligibility.--Each student enrolled at the institution during the academic year in which eligibility is lost as described in this subparagraph, and each student notified of acceptance for admission to the institution during the academic year in which eligibility is lost as described in this subparagraph, shall continue to be eligible to participate, through the institution, in programs funded under this Act during the 5-year period after the date of the loss of eligibility. ``(F) Restoration of eligibility.-- ``(i) In general.--Not later than 7 days after the loss of eligibility under subparagraph (E), the Secretary shall inform the institution that it may restore eligibility, either by certifying to the Secretary that it has entirely withdrawn the policy that precipitated loss of eligibility, or by submitting a revised policy for review at any time following the failure of the Final Review. ``(ii) Review of revised policy.--The Secretary shall review a revised policy submitted for review after the loss of eligibility and determine not later than 120 days after the date the revised policy is submitted whether it is consistent with the expressive rights of students under the First Amendment to the Constitution of the United States and with the restrictions on the regulation of speech by time, place, and manner set forth in this Act. ``(iii) Investigation.--While conducting a review to restore eligibility under this subparagraph, the Secretary may conduct an investigation in which further information may be sought or requested from the institution, or any other source the Secretary determines pertinent. ``(iv) Written decision.--In making a determination of whether a revised policy submitted for review after the loss of eligibility is either consistent or inconsistent with the expressive rights of students under the First Amendment to the Constitution of the United States and with the restrictions on the regulation of speech by time, place, and manner set forth in this Act, the Secretary shall explain and justify the determination in a written decision citing relevant legal precedent, copies of which shall be sent to the complainant, the institution, and made available for public inspection, including for online reading by the public. ``(v) Limit on review.--The Secretary may conduct not more than 1 review to restore eligibility for a single institution in any given academic year. ``(vi) Restoration.--If an institution certifies to the Secretary that the policy that precipitated the loss of eligibility has been entirely withdrawn, or if Secretary determines that the revised policy submitted for review is consistent with the expressive rights of students under the First Amendment to the Constitution of the United States and with the restrictions on the regulation of speech by time, place, and manner set forth in this Act, the institution's eligibility to receive funds under this Act, including participation in any program under this title, shall be restored not earlier than the beginning of the third academic year following the year in which notification of loss of eligibility was received. ``(G) Good faith representation.-- ``(i) In general.--The Secretary shall inform any institution undergoing review of its campus speech policies that it expects the institution to represent its policies, along with any proposed revisions in such policies, in good faith. ``(ii) Misrepresentation.-- ``(I) Complaints.--A student, student organization, or any other person or organization may file, with the employee in the Office of Postsecondary Education of the Department designated by the Secretary under paragraph (2) to receive complaints, a complaint that an institution has substantially misrepresented its speech policies, or withheld information requested by the Secretary during an investigation, or attempted to circumvent the review process by reinstituting a policy under review in a substantially similar form without informing the Secretary. ``(II) Loss of eligibility.--If the Secretary determines upon investigation, or after receiving a complaint under subclause (I), that an institution has substantially misrepresented its speech policies, or withheld information requested by the Secretary during an investigation, or attempted to circumvent the review process by reinstituting a policy under review in a substantially similar form without informing the Secretary, the institution shall lose eligibility to receive funds under this Act, including participation in any program under this title. ``(iii) Loss of eligibility.--If an institution loses eligibility under clause (ii), the Secretary shall notify the institution, not later than 7 days after the determination, that the loss of eligibility shall go into effect beginning with any student notified of acceptance for admission to the institution during the academic year subsequent to the academic year during which the determination is made, and that no restoration of eligibility for students admitted in subsequent academic years will occur prior to the beginning of the third academic year subsequent to the academic year during which the determination is made. ``(f) Retaliation Prohibited.-- ``(1) In general.--No person may intimidate, threaten, coerce, or discriminate against any individual because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this section. ``(2) Specific circumstances.-- ``(A) Exercise of first amendment rights.--The exercise of rights protected under the First Amendment to the Constitution of the United States does not constitute retaliation prohibited under paragraph (1). ``(B) Code of conduct violation for materially false statement.--Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this section does not constitute retaliation prohibited under paragraph (1). A determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith. ``SEC. 493F. CAMPUS SPEECH POLICIES AT PRIVATE UNIVERSITIES. ``(a) In General.--Each private institution of higher education eligible to receive funds under this Act, including any program under this title, shall-- ``(1) post in one place on the website of the institution all policies that pertain to the protection and regulation of the expressive rights of students, including the right to submit a complaint under this section, within 2 clicks of the homepage, without a paywall, email login, or other restriction to access; ``(2) include a copy of such policies in a handbook distributed to new students; and ``(3) send a copy of-- ``(A) such policies to the employee of the Department designated by the Secretary to receive such policies; and ``(B) any updates to such policies to such employee not later than 60 days after the date of a change to such policies. ``(b) Responsibility for Full Policy Disclosure.--Each private institution of higher education described in subsection (a) shall include with the copy of the policies described in subsection (a)-- ``(1) a statement affirming that all policies pertinent to the protection and regulation of the expressive rights of students have been disclosed in the manner required by this section, along with an acceptance of contractual obligation to publicly disclose all such policies; and ``(2) a statement affirming that publication of such policies as required by this section establishes a contractual obligation on the part of the institution to its students to maintain and enforce the disclosed policies, and only those policies, in matters pertaining to the protection and regulation of the expressive rights of students. ``(c) Cause of Action.-- ``(1) Authorization.--A student claiming that a private institution of higher education in which the student is enrolled has violated any requirement or contractual obligation imposed by this section may bring an action in a Federal court of competent jurisdiction to enjoin such violation or to recover compensatory damages, reasonable court costs, or reasonable attorney fees. ``(2) Actions.--Notwithstanding any other provision of law, in an action brought under this subsection, the Federal court shall decide de novo all relevant questions of fact and law, including the interpretation of constitutional, statutory, and regulatory provisions, unless the parties stipulate otherwise. In an action brought under this subsection, if the court finds a violation of subsection (b), the court-- ``(A) shall-- ``(i) enjoin the violation; and ``(ii) award the student-- ``(I) not less than $500 for an initial violation; and ``(II) if the student notifies the institution of the violation, $50 for each day the violation continues after the notification if the institution did not act to discontinue the cause of the violation; and ``(B) may award a prevailing plaintiff-- ``(i) compensatory damages; ``(ii) reasonable court costs; or ``(iii) reasonable attorney fees. ``(d) Secretarial Requirements.-- ``(1) Designation of an employee.--The Secretary shall designate an employee in the Office of Postsecondary Education in the Department who shall-- ``(A) receive and compile updated copies of all policies pertaining to the protection and regulation of the expressive rights of students at private institutions of higher education that receive funds under this section, including any programs under this title; ``(B) preserve all records of such policies for a period of not less than 10 years and make such policies, and the dates they were disclosed, modified, or withdrawn, available for public inspection, including for online reading by the public; ``(C) receive complaints from students, student organizations, or from any other person or organization, that believes a private institution of higher education has not disclosed a policy pertaining to the protection and regulation of the expressive rights of students as required by this section, is enforcing a policy pertaining to the expressive rights of students that has not been disclosed as required by this section, or has failed to make and publish a statement affirming contractual responsibility for full policy disclosure, or affirming contractual responsibility for the enforcement of speech policies, as required by this section; ``(D) not more than 7 days after the date of receipt of a complaint under subparagraph (C), review the complaint and request a response from the institution; ``(E) undertake an investigation, in response to a complaint under subparagraph (C) or at the Secretary's independent initiative, to determine whether a private institution of higher education has failed to disclose a policy pertaining to the protection and regulation of the expressive rights of students as required by this section, is enforcing a policy pertaining to the expressive rights of students that has not been disclosed as required by this section, or has failed to make and publish a statement affirming contractual responsibility for full policy disclosure, or affirming contractual responsibility for the enforcement of speech policies, as required by this section; and ``(F) determine, not later than 120 days after the date of receipt of a complaint or 120 days after the date of the start of an investigation opened at the Secretary's independent initiative, whether the private institution of higher education in question has failed to disclose a policy pertaining to the protection and regulation of the expressive rights of students as required by this section, is enforcing a policy pertaining to the expressive rights of students that has not been disclosed as required by this section, or has failed to make and publish a statement affirming contractual responsibility for full speech policy disclosure, or affirming contractual responsibility for the enforcement of speech policies, as required by this section. ``(2) Loss of eligibility.-- ``(A) In general.--If the Secretary determines that a private institution of higher education has failed to disclose a policy pertaining to the protection and regulation of the expressive rights of students as required by this section, is enforcing a policy pertaining to the expressive rights of students that has not been disclosed as required by this section, or has failed to make and publish a statement affirming contractual responsibility for full speech policy disclosure, or affirming contractual responsibility for the enforcement of speech policies, as required by this section, the Secretary shall notify the institution and, if applicable, the complainant, not more than 7 days after the date of such determination, that the institution is out of compliance with the requirements for receiving funds under this Act, including participation in any program under this title, but will be granted a grace period of 60 days to return to compliance before formally losing eligibility for receiving funds under this Act, including participation in any program under this title. ``(B) Specifications in notification.--As part of the notification under subparagraph (A), the Secretary shall specify which policies need to be disclosed and which statements affirming contractual responsibility for speech policy disclosure and contractual responsibility for speech policy enforcement need to be made and published in order for eligibility to be restored. ``(C) Notification of loss of eligibility.-- ``(i) In general.--If the Secretary determines that, 60 days after being notified that it is out of compliance as described in subparagraph (A), the institution has failed to return to compliance by making the appropriate speech policy disclosures, or statement affirming contractual responsibility for full speech policy disclosure, or statement affirming contractual responsibility for speech policy enforcement, the Secretary shall notify the institution and, if applicable, the complainant, not more than 7 days after the date of such determination-- ``(I) that the institution will lose eligibility to receive funds under this Act, including participation in any program under this title; ``(II) that the loss of eligibility shall go into effect beginning with any student notified of acceptance for admission to the institution during the academic year subsequent to the academic year during which the determination is made, and that no restoration of eligibility for ineligible students in subsequent years will occur prior to the beginning of the third academic year subsequent to the academic year during which the determination is made; and ``(III) that the institution shall post the determination of the Secretary on the website of the institution, within two clicks of the homepage, without a paywall, email login, or other restriction to access. ``(ii) Continued eligibility.--Each student enrolled at the institution during the academic year in which eligibility is lost as described in this subparagraph, and each student notified of acceptance for admission to the institution during the academic year in which eligibility is lost as described in this subparagraph, shall continue to be eligible to participate, through the institution, in programs funded under this Act during the 5-year period after the date of the loss of eligibility. ``(3) Restoration of eligibility.-- ``(A) In general.--Not later than 7 days after the loss of eligibility under paragraph (2), the Secretary shall inform the institution that it may restore eligibility by making the appropriate speech policy disclosures, or statement affirming contractual responsibility for full speech policy disclosure, or statement affirming contractual responsibility for speech policy enforcement, as directed by the Secretary in conformity with this section. ``(B) Review.--The Secretary shall review any policy disclosures, or statement affirming contractual responsibility for full speech policy disclosure, or statement affirming contractual responsibility for speech policy enforcement, and determine whether they are sufficient to restore eligibility for receiving funds under this Act, including participation in any program under this title, not later than 120 days after the date of receipt of such disclosures or statement. ``(C) Investigation.--While conducting a review to restore eligibility under this paragraph, the Secretary may conduct an investigation in which further information may be sought or requested from the institution, or any other source the Secretary determines pertinent. ``(D) Restoration.--If the Secretary determines that the institution under review to restore eligibility under this paragraph has made the policy disclosures, and issued the statement affirming contractual responsibility for full speech policy disclosure, and the statement affirming contractual responsibility for speech policy enforcement, as required by this section, the institution's eligibility to receive funds under this Act, including participation in any program under this title, shall be restored not earlier than the beginning of the third academic year following the year in which notification of loss of eligibility was received. ``(E) Limit on review.--The Secretary may conduct not more than 1 review to restore eligibility for a single institution in any given academic year. ``(e) Nonapplication to Certain Institutions.--This section shall not apply to an institution of higher education that is controlled by a religious organization.''. SEC. 11. SEVERABILITY. If any provision of this Act, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, and the application of the remaining provisions of this Act to any person or circumstance shall not be affected. <all>

Student Loan Reform Act of 2022

A bill to make reforms at institutions of higher education.

Student Loan Reform Act of 2022

Sen. Cotton, Tom

R

AR

H.R.818

Agriculture and Food

Giving Increased Variety to Ensure Milk Into the Lives of Kids Act or the GIVE MILK Act This bill revises the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) to allow WIC participants (or the parent or guardian of such participants) to elect to be issued nonfat milk, 1% low-fat milk, 2% reduced-fat milk, or whole milk.

To amend the Child Nutrition Act of 1966 to allow certain participants in the special supplemental nutrition program for women, infants, and children to elect to be issued a variety of types of milk, including whole milk, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Giving Increased Variety to Ensure Milk Into the Lives of Kids Act'' or the ``GIVE MILK Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Most Americans, including most children and adolescents, consume on average only about half of the recommended amounts of dairy foods daily. (2) Milk is a source of many nutrients essential to health, and is the leading source of and is a source of twelve essential nutrients (calcium, phosphorus, vitamin A, vitamin D (in fortified products), riboflavin, vitamin B12, protein, potassium, zinc, choline, magnesium, and selenium) in the diets of children and adolescents, including three nutrients of public health concern: vitamin D, calcium, and potassium. (3) Dairy foods are associated with improved bone health, a lower risk of type 2 diabetes, a beneficial or neutral effect on blood pressure, and may help reduce the risk of cardiovascular disease, coronary heart disease, and stroke. (4) In a September 2019 report on beverage recommendations for early childhood, the Academy of Nutrition and Dietetics, American Academy of Pediatric Dentists, American Academy of Pediatrics, and the American Heart Association found that-- (A) medical professionals are in agreement that whole milk is good for childhood development between ages one and two; (B) skim and low-fat milk are recommended for young children; (C) plant-based, non-dairy milks are not recommended for young children; and (D) an expert panel under the study recognized that there has been recent research and discussion regarding the role of dairy fat in healthy dietary patterns but in the absence of clear evidence justifying a departure from current recommendations, such expert panel chose to remain consistent with current guidance recommending whole milk for most children ages 12 to 24 months and fat-free (skim) or low-fat (1 percent) milk for children ages 2 years and older. (5) The 2020 through 2025 Dietary Guidelines for Americans recommendation of the number of dairy servings for young children is-- (A) 1.5 to 2 servings for 12 to 23 months; and (B) 2 servings for 24 months. SEC. 3. WIC ELECTION FOR TYPE OF MILK. (a) Election for Type of Milk.--Section 17(f) of the Child Nutrition Act of 1966 (7 U.S.C. 1431(f)) is amended by adding at the end the following: ``(27) Election for type of milk.-- ``(A) In general.--Notwithstanding any other provision of law, in the case of an individual participating in the program authorized by this section who is issued milk by the Secretary, such individual (or the parent or guardian of such individual) may elect to be issued nonfat milk, low-fat milk, reduced fat milk, or whole milk. ``(B) Election.--The Secretary shall issue the type of milk elected by an individual under subparagraph (A) to such individual.''. (b) Revision of Regulations.--The Secretary of Agriculture shall revise regulations in accordance with the amendments made by this section, including revision of section 246.10 of title 7, Code of Federal Regulations. <all>

GIVE MILK Act

To amend the Child Nutrition Act of 1966 to allow certain participants in the special supplemental nutrition program for women, infants, and children to elect to be issued a variety of types of milk, including whole milk, and for other purposes.

GIVE MILK Act Giving Increased Variety to Ensure Milk Into the Lives of Kids Act

Rep. Keller, Fred

R

PA

S.1836

Transportation and Public Works

Fixing Infrastructure Damaged by Disasters Act This bill expands the allowable uses of funds available to states for repairing federal-aid highways and other roadways damaged by natural disasters and catastrophic failures. At the request of the governor and with approval of the Department of Transportation, a state may use funds for emergency maintenance projects (including those considered heavy or routine maintenance) that are necessary due to a natural disaster or catastrophic failure. Additionally, the bill increases the percent of funds a state may use for projects to protect public safety or to maintain or protect roadways from a disaster or catastrophic failure. The bill also includes within the scope of natural disasters blizzards, ice storms, and wildfires.

To amend title 23, United States Code, to provide eligibility for certain emergency maintenance projects under the emergency relief 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 ``Fixing Infrastructure Damaged by Disasters Act''. SEC. 2. EMERGENCY RELIEF. Section 125 of title 23, United States Code, is amended-- (1) in subsection (a)(1), by inserting ``blizzard, ice storm, wildfire,'' before ``flood''; (2) in subsection (d), by inserting after paragraph (3) the following: ``(4) Emergency maintenance.--Notwithstanding any other provision of this section, on the request of a Governor of a State and with the approval of the Secretary, the cost of an emergency maintenance project that is necessary due to an event described in subsection (a), including maintenance that would be considered heavy or routine maintenance, but for the event, shall be an eligible expense under this section.''; and (3) in subsection (g)-- (A) by striking ``The Secretary'' and inserting the following: ``(1) In general.--Except as provided in paragraph (2), the Secretary''; and (B) by adding at the end the following: ``(2) Waiver.--On the request of a Governor of a State, the Secretary may increase the amount under paragraph (1) to not more than 25 percent.''. <all>

Fixing Infrastructure Damaged by Disasters Act

A bill to amend title 23, United States Code, to provide eligibility for certain emergency maintenance projects under the emergency relief program, and for other purposes.

Fixing Infrastructure Damaged by Disasters Act

Sen. Cornyn, John

R

TX

H.R.6710

Health

This bill requires the Food and Drug Administration (FDA) to report to Congress on barriers to the domestic manufacturing of imported active pharmaceutical ingredients, finished drug products, and devices that are critical to public health. The report must recommend strategies to overcome such barriers. The FDA may, to the extent appropriate, implement the strategies.

To direct the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to submit to Congress a report on barriers, including regulatory inefficiencies, to domestic manufacturing of active pharmaceutical ingredients, finished drug products, and devices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REPORT AND RECOMMENDATION ON BARRIERS TO DOMESTIC MANUFACTURING OF MEDICAL PRODUCTS. (a) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary''), acting through the Commissioner of Food and Drugs, shall submit to Congress a report on barriers, including regulatory inefficiencies, to domestic manufacturing of active pharmaceutical ingredients, finished drug products, and devices that are-- (1) imported from outside of the United States; and (2) critical to the public health during a public health emergency declared by the Secretary under section 319 of the Public Health Service Act (42 U.S.C. 247d). (b) Content.--Such report shall-- (1) identify factors that limit the manufacturing of active pharmaceutical ingredients, finished drug products, and devices described in subsection (a); and (2) recommend specific strategies to overcome the challenges identified under paragraph (1). (c) Implementation.--The Secretary may, to the extent appropriate, implement the strategies recommended under subsection (b)(2). (d) Definition.--In this section, the term ``active pharmaceutical ingredient'' has the meaning given to such term in section 744A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-41). <all>

To direct the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to submit to Congress a report on barriers, including regulatory inefficiencies, to domestic manufacturing of active pharmaceutical ingredients, finished drug products, and devices, and for other purposes.

To direct the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to submit to Congress a report on barriers, including regulatory inefficiencies, to domestic manufacturing of active pharmaceutical ingredients, finished drug products, and devices, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To direct the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to submit to Congress a report on barriers, including regulatory inefficiencies, to domestic manufacturing of active pharmaceutical ingredients, finished drug products, and devices, and for other purposes.

Rep. Herrell, Yvette

R

NM

S.4635

Health

Comprehensive Care for Dual Eligible Individuals Act This bill provides states with the option to establish a separate health care program for individuals who are dually eligible for Medicare and Medicaid. Programs must provide a core package of covered benefits to address the individualized medical, behavioral, long-term care, and social needs of enrollees, including all basic Medicare and Medicaid benefits. States may receive federal matching payments in accordance with a specified formula; the bill provides funds for the Federal Coordinated Health Care Office to implement the bill.

To amend the Social Security Act to establish an optional State- administered program to provide fully integrated, comprehensive, coordinated care for full-benefit dual eligible individuals under the Medicare and Medicaid 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; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Comprehensive Care for Dual Eligible Individuals Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Establishment of All Inclusive Medicare-Medicaid Program for Full-Benefit Dual Eligible Individuals. ``TITLE XXII--ALL INCLUSIVE MEDICARE-MEDICAID (AIM) PROGRAM FOR FULL- BENEFIT DUAL ELIGIBLE INDIVIDUALS ``Sec. 2201. Purpose; General requirements. ``Sec. 2202. Eligibility. ``Sec. 2203. Enrollment. ``Sec. 2204. Benefits. ``Sec. 2205. Beneficiary protections. ``Sec. 2206. Federal administration. ``Sec. 2207. Selection and role of AIM-administering entities. ``Sec. 2208. Program financing. ``Sec. 2209. Accountability and oversight. ``Sec. 2210. Definitions; miscellaneous provisions. Sec. 3. MedPAC study and report. SEC. 2. ESTABLISHMENT OF ALL INCLUSIVE MEDICARE-MEDICAID PROGRAM FOR FULL-BENEFIT DUAL ELIGIBLE INDIVIDUALS. (a) In General.--The Social Security Act is amended by adding at the end the following new title: ``TITLE XXII--ALL INCLUSIVE MEDICARE-MEDICAID (AIM) PROGRAM FOR FULL- BENEFIT DUAL ELIGIBLE INDIVIDUALS ``SEC. 2201. PURPOSE; GENERAL REQUIREMENTS. ``(a) Purpose.--The purpose of this title is to provide, at the option of a State, for a program implemented and administered by the State of comprehensive, coordinated care for individuals eligible for benefits under the Medicare program under title XVIII and for full benefits under the Medicaid program under title XIX in order to improve quality, control costs, address health disparities, and support independence, community participation, and quality of life. ``(b) Requirement for Approved AIM Program Application.--A State may not be approved to implement an AIM program under this title unless, consistent with the process specified for approval of AIM programs under subsection (c)-- ``(1) the State has completed, in a pre-printed format and manner specified by the Secretary, a notice of intent to establish such a program not earlier than 3 years after the date on which the State submits the notice of intent to the Secretary, and which includes a plan for such a program (or the State is working with the Federal Coordinated Health Care Office to transition an integrated care program of the State into an AIM program under this title); and ``(2) the Secretary has received assurances, satisfactory to the Secretary, that the proposed State AIM program and its plan (or, in the case of a State working with the Federal Coordinated Health Care Office to transition an integrated care program of the State into an AIM program under this title, the State AIM program after such transition is completed) meet the applicable requirements for such a program under this title, including the requirements specified in subsection (c). ``(c) General Requirements.--The requirements specified in this subsection for an AIM program of a State are as follows: ``(1) Eligibility and enrollment.--The program provides for eligibility and enrollment of AIMP-eligible individuals under the program in accordance with sections 2202 and 2203. ``(2) Benefits.--The program provides for benefits for AIMP enrollees under the program in accordance with section 2204. ``(3) Beneficiary protections.--The program provides for beneficiary protections for AIMP enrollees under the program that are not less than those required under section 2205. ``(4) Coordinating and integration of benefits.--The program provides for the coordination and integration of benefits by AIM-administering entities in accordance with section 2205. ``(5) Program accountability.--The program provides for accountability in administration and financing in accordance with section 2208. ``(6) Other requirements.--The program meets such other requirements as the Secretary may establish to carry out this title. ``(d) Program Approval Process.--The Secretary shall establish a process for the initial approval of AIM programs of States based on the process used for approval of waivers under section 1115 with respect to title XIX. The process established under this subsection shall include at least the following elements: ``(1) Notice of intent.-- ``(A) In general.--Subject to subparagraph (B), the State submits to the Secretary a notice of intent to establish the AIMP. ``(B) Conditions for transparent process.--The Secretary shall not accept a notice of intent submitted under subparagraph (A) unless, before the date of such submission, the State-- ``(i) has provided a period of not less than 90 days for notice and public comment on the proposed establishment of the program in the State; ``(ii) has held at least 2 public meetings regarding the establishment of the program; and ``(iii) has conducted relevant consultation with any relevant tribal authorities of Federally recognized Indian tribes located in the State. ``(2) Federal readiness review completed.--At least 1 year before the identified initial implementation date for an AIM program in a State, the State has passed a review by the Secretary of the State's readiness to implement the program. ``(3) State readiness review of aim-administering entities.--After a State passes the Federal readiness review under paragraph (2), the State shall conduct a review of the proposed AIM-administering entities under proposed AIMP contracts with the State with respect to their readiness to administer the program for benefits for AIMP enrollees assigned to such entities. Such review-- ``(A) shall include elements specified by the Secretary, including a network adequacy review; ``(B) may include activities such as a desk review, separate network validation review, and site visit; and ``(C) must be passed by an AIMP-administering entity before any outreach or marketing of or by that entity is permitted under a State AIM program. ``(e) Technical Assistance Planning Grants.-- ``(1) Eligibility.--A State that has provided a notice of intent under subsection (d)(1) to implement an AIM program is eligible for funding assistance with technical planning necessary to implement the program. Such funding shall be provided in amounts of up to $10,000,000 per State, and under such conditions as the Secretary shall specify. ``(2) Use of funds.--Funding made available to a State under this subsection may be used to assist the State with the staffing, information technology, planning and evaluation, and initial implementation of the AIM program in the State for expenses incurred during the 3-year period that begins on the date the State submits a notice of intent under subsection (d)(1). ``(3) Funding.--For the purpose of providing funding assistance under this subsection, there is appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to carry out this subsection. ``SEC. 2202. ELIGIBILITY. ``(a) In General.--In this title, the term `AIMP-eligible individual' means, with respect to an AIMP-participating State, an individual who-- ``(1) is 21 years of age or older; ``(2) is entitled (or eligible to be enrolled) under part A or part B, or both, of title XVIII; ``(3) subject to subsection (c), is eligible for medical assistance under the State plan (including a waiver thereof) under title XIX as a full-benefit dual eligible individual; and ``(4) meets such income and asset standards as the State may establish for the AIM program in accordance with subsection (d) (and which shall be applied in addition to the income and asset standards the individual is required to meet for purposes of eligibility for medical assistance under the State plan (or a waiver) under title XIX). ``(b) Process for Determination of Eligibility.--Except as otherwise provided in this title, the determination of whether an individual is an AIMP-eligible individual with respect to the AIM program of a State shall be made in accordance with the processes used to determine the individual's eligibility for medical assistance under the State plan (or waiver thereof) under title XIX of the State. ``(c) Flexibility Permitted.-- ``(1) Geographic scope.-- ``(A) Statewide.--Except as provided in subparagraph (B), an AIMP-participating State shall provide for the implementation of its AIM program on a statewide basis. ``(B) Phase-in permitted on a time-limited basis.-- An AIMP-participating State may provide for the implementation of its AIM program not on a statewide basis so long as the program is phased in geographically in a manner so that it is implemented statewide no later than the 4th year of implementation, except that the Secretary may permit a longer phase-in period due to extenuating circumstances. ``(2) New population phase-in permitted.-- ``(A) Carve-outs not permitted.--Except as provided in subparagraph (B), an AIMP-participating State may not deny eligibility under its AIM program to subpopulations of AIMP-eligible individuals and shall enroll all AIMP-eligible individuals under the program without the application of any waiting lists. ``(B) Time-limited exception permitted.--The Secretary may allow States to phase in the enrollment of certain subpopulations over a specified period, not to exceed a period of 4 years. ``(3) Pace continuation permitted.--Nothing in this title shall be construed as preventing an AIMP-participating State from continuing to offer a Program of All-Inclusive Care for the Elderly (PACE) under section 1894 or 1934. ``(d) Income and Asset Standards.-- ``(1) Income eligibility floor.--In no case shall an AIMP- participating State have an income eligibility threshold under its AIM program that is less than 73 percent of the official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved or, if greater, the income threshold applied during the fiscal year preceding the year in which this title is enacted. ``(2) Asset threshold floor.--In no case shall an AIMP- participating State apply an asset threshold for eligibility for a fiscal year that is less than the following: ``(A) For first fiscal year.--For the 1st fiscal year (or portion of a fiscal year) in which the AIM program is implemented in the State, the greater of-- ``(i) $2,000; and ``(ii) the asset eligibility standard applied under the State plan (including a waiver thereof) under title XIX for a full- benefit dual eligible individual during the fiscal year preceding the fiscal year in which this title is enacted. ``(B) For subsequent fiscal year.--For a subsequent fiscal year, the minimum asset threshold applied under this paragraph for the previous fiscal year increased (and rounded to the nearest $10) by the annual increase in the consumer price index for all urban consumers (United States city average). ``(3) Flexibility.--Nothing in this subsection shall be construed as limiting the ability of an AIMP-participating State to increase the income eligibility threshold, asset eligibility threshold, or income or asset disregards, including by allowing buy-ins or spenddowns, above the minimum levels required under this subsection. ``(4) Eligibility threshold.--The income and asset thresholds that a State establishes under this subsection shall be applied under the State AIM program to determine whether an individual is an AIMP-eligible individual without regard to whether the individual elects to enroll, or is enrolled, in the State AIM program. ``(e) Use of Streamlined Eligibility Determination and Enrollment Processes.-- ``(1) In general.--Each AIMP-participating State shall use streamlined eligibility and enrollment processes in order to promote continuity and incentivize States that invest in improving quality and costs, including those specified in this subsection. ``(2) Specific streamlined eligibility required.--Each AIMP-participating State shall utilize the following with respect to streamlining the eligibility determination and enrollment of individuals in the State's AIM program: ``(A) 12-month continuous eligibility. ``(B) Use of electronic data matches with trusted third-party sources (such as the Social Security Administration or the Supplemental Nutrition Assistance Program) to verify eligibility under the State AIM program both for initial eligibility applications and for renewals. ``(C) Streamlined eligibility recertification every 12 months, including-- ``(i) for individuals who have been determined eligible and enrolled, only requiring submission of information on any changes to their financial or disability status (instead of submitting an entire renewal application); ``(ii) with respect to verification of eligibility, initially using of available information to auto-verify eligibility; ``(iii) if additional information is needed for renewal of eligibility, using pre-populated forms and allowing submission of information online, in person, by telephone, fax, or mail; and ``(iv) using a standard reconsideration period of 90 days from the time of termination of coverage. ``(3) Use of deeming.--Each AIMP-participating State shall use deemed eligibility for a period of not less than 6 months. ``(4) Data sharing on enrollment.--Under an AIMP contract, an AIMP-participating State, the Secretary, and AIM- administering entities shall routinely and frequently share data among themselves with regard to eligibility and enrollment of individuals under AIM programs. Such data sharing may include monthly changes in program enrollment and eligibility, beneficiary opt-out rates, and other changes specified by the Secretary. ``(f) Rule of Construction of Continuation as a Medicare and Medicaid Beneficiary for Purposes Other Than Benefits.--The fact that an individual qualifies as an AIMP-eligible individual shall not be construed as removing the individual's status as an individual entitled to benefits under title XVIII or XIX, but insofar as the individual becomes an AIMP enrollee entitled to benefits under this title, such entitlement to benefits under titles XVIII and XIX shall be considered as met through the provision of benefits under this title. ``SEC. 2203. ENROLLMENT. ``(a) Beneficiary Choice.--In an AIMP-participating State under its AIM program, an AIMP-eligible individual may select (in a manner specified by the State consistent with this section) to receive benefits through any of the following: ``(1) The State AIM program. ``(2) A PACE program (if available to the individual in the State). ``(3) A combination of Medicare fee-for-service program (under parts A, B, and D, as applicable, of title XVIII) and medical assistance under title XIX (whether delivered through fee-for-service or managed care, as provided by the State under such title). ``(b) Initial Assignment at Time of Program Implementation or Initial Enrollment.--An AIMP-participating State may provide that all AIMP-eligible individuals in the State who are not enrolled in a PACE program under section 1894 or 1934 and who do not make an affirmative selection under subsection (a)(3) shall be deemed to have elected to enroll in the AIM program of the State. ``(c) Coordination of Selection and Enrollment With Medicare Enrollment Processes.--The process for selection and enrollment of AIMP-eligible individuals in AIM programs shall be consistent and coordinated with the processes for enrollment in Medicare Advantage plans under part C of title XVIII during open and special enrollment periods. Such processes shall, consistent with section 423.38(c) of title 42, Code of Federal Regulations (or any successor regulation) and any other applicable regulations, provide-- ``(1) a special enrollment period for individuals who-- ``(A) are dually eligible individuals enrolled in fee-for-service Medicare when the State AIM program is first established to permit such individuals to elect to enroll in the State AIM program; or ``(B) become AIMP-eligible individuals; and ``(2) for the right of an AIMP-enrolled individual to disenroll from the AIM program and to otherwise to make changes in the selection in enrollment described in subsection (a). ``(d) Assistance in Enrollment Choice.--An AIMP-participating State must contract with 1 or more independent enrollment brokers, at least 1 of which is a nonprofit, community-based organization, and all of which are approved by the Secretary, to assist AIMP-eligible individuals in understanding the AIM program and making enrollment choices under this section in the same manner as such brokers are permitted with respect to enrollment of individuals under its State plan under title XIX (or waiver thereof), except that no individual sales commissions shall be permitted (including to the extent such commissions may otherwise be permitted by brokers and employed or captive agents under the Medicare Advantage program under part C of title XVIII). ``(e) Construction Regarding Continued Medicaid Use of Managed Care.--Nothing in this subsection shall be construed as affecting the authority of an AIMP-participating State to require, in the case of an AIMP-eligible individual who makes the election described in subsection (a)(3) (or otherwise opts-out of enrollment in the AIM program and into benefits under title XIX), to obtain benefits for covered services under title XIX through participation in a managed care plan or arrangement. ``(f) Assignment of Enrollees to AIMP-Administering Entities.-- ``(1) In general.--An AIMP-eligible individual enrolled under an AIM program shall be provided with a choice of the AIMP-administering entity to which the individual is assigned for purposes of obtaining benefits under the program. ``(2) Initial assignment at time of program implementation or initial enrollment.-- ``(A) In general.--In the case of an AIMP-eligible individual who, at the time of enrollment under an AIM program, is enrolled in an integrated program for individuals dually eligible for Medicare and Medicaid participating in the Financial Alignment Initiative of the Federal Coordinated Health Care Office, or enrolled in a Medicare Advantage plan that is a highly integrated dual eligible special needs plan or a fully integrated dual eligible special needs plan, the State AIM program may initially assign the individual to the AIMP-administering entity for such Medicare Advantage plan (or, in the case of an AIMP-eligible individual who, at the time of enrollment under an AIM program, is enrolled in an integrated program for individuals dually eligible for Medicare and Medicaid participating in the Financial Alignment Initiative of the Federal Coordinated Health Care Office, to the AIMP- administering entity designated by the State), or another AIMP-administering entity, if necessary if-- ``(i) the provider network of such entity under the AIM program is substantially similar to the network used under the plan offered by the entity that the individual is enrolled in prior to such assignment; and ``(ii) the individual is provided with-- ``(I) at least 1 written notice of such assignment at least 60 days in advance of the effective date of the assignment; and ``(II) at least 1 phone call notifying the individual of the assignment in advance of the effective date of the assignment. ``(B) Continuity of care.--To the extent possible to prevent disruption and promote continuity of care, a State AIM program shall seek to ensure that individuals described in subparagraph (A) are assigned to the AIMP- administering entity that offers the plan or program in which the individual is enrolled in prior to the individual's transfer to, and enrollment in, the State AIM program. ``(C) Conditional initial assignment for other aimp-eligible individuals.--In the case of an AIMP- eligible individual who, at the time of enrollment under a State AIM program is enrolled in a Medicare Advantage plan that is operating as an AIMP- administering entity other than a plan described in subparagraph (A), or is enrolled in a Medicaid managed care plan offered by the same entity that is operating as an AIMP-administering entity in the State AIM Program, the State AIM program may initially assign the individual to that AIMP-administering entity if-- ``(i) the provider network of such entity under the State AIM program is substantially similar to the network used under the Medicare Advantage plan or Medicaid managed care plan offered by the entity that the individual is enrolled in prior to such assignment; and ``(ii) the individual is provided with-- ``(I) at least 1 written notice of such assignment at least 60 days in advance of the effective date of the assignment; and ``(II) at least 1 phone call notifying the individual of the assignment in advance of the effective date of the assignment. ``(3) Rule of construction.--Nothing in this subsection shall be construed as-- ``(A) preventing an individual from choosing to be assigned to a different participating AIMP- administering entity; ``(B) preventing an individual from changing their assignment to an AIMP-administering entity or from opting-out of participating in the State AIM program; or ``(C) constraining or changing the authority of a State under the State plan under title XIX or under a waiver of such plan to require a Medicaid-eligible individual to enroll with a managed care entity if the individual chooses not to participate in the AIM Program. ``(4) Choice of enrollment from fee-for-service medicare.-- An AIMP-eligible individual who, as of the date on which a State first implements the State AIM program, is enrolled in the Medicare fee-for-service program under title XVIII, may elect to enroll in the State AIM Program through a special enrollment period established for such individuals, consistent with the requirements of section 423.38(c)(4) of title 42, Code of Federal Regulations (or a successor regulation). ``(g) Effect of Enrollment on Medicare and Medicaid Payments to States.--Except as provided in this title, in the case of an individual who is enrolled as an AIMP enrollee under a State AIM program under this title, during the period of such enrollment payment to the State under this title shall be instead of the payment amounts which would otherwise be payable under title XVIII or XIX for items and services furnished to the enrollee. ``(h) Outreach and Enrollment Support.-- ``(1) Funding.--For the purpose of providing funding assistance to AIMP-participating States for outreach to, and enrollment support of, AIMP-eligible individuals, there is appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for each fiscal year beginning with the first fiscal year that begins on or after the date of enactment of this title. ``(2) Use of funds.--An AIMP-participating State shall use funds provided to the State under this subsection for outreach to, and enrollment support of, AIMP-eligible individuals, that includes the following: ``(A) Distributing outreach and enrollment materials printed in accessible language formats (including primary languages, Braille, large print, and alternative texts). ``(B) Engaging community-based organizations to conduct outreach to, and provide enrollment assistance for, AIMP-eligible individuals. ``(C) Referring AIMP-eligible individuals to the State long-term care ombudsman, the qualified nonprofit AIM Ombudsman selected for the AIM program under section 2205(c), and other beneficiary support entities for enrollment assistance and information. ``SEC. 2204. BENEFITS. ``(a) Covered Benefits.-- ``(1) In general.--A State AIM program shall provide a core package of covered benefits to address medical, behavioral, long-term care, and social needs of AIMP enrollees in accordance with an individual assessment and plan of care. Such core package of available benefits shall include the following: ``(A) Medicare benefits.--All benefits available under parts A, B, and D of title XVIII, including with respect to benefits available under such part D, coverage of the 6 protected classes and 2 drugs from each class. ``(B) Medicaid mandatory benefits.--All benefits otherwise required to be provided to AIMP-eligible individuals under title XIX in the State if they were not AIMP enrollees. ``(C) Historic benefits.--All Medicaid services and benefits offered as of 1 year prior to the enactment of this title, as required by section 2204(d). ``(D) Drugs.--All prescription drugs and covered outpatient drugs available under the State Medicaid program, including any such drugs that are available under a prescription drug plan under part D of title XVIII. ``(E) Additional services.--An AIMP-participating State may, with approval from the Federal Coordinated Health Care Office, make available under the State AIM program additional behavioral health, social, and supportive services that enable flexibility to achieve person-centered outcomes in the most cost-effective setting. ``(2) Limitation on benefit carve-outs.--The Secretary may permit a State AIM program to exclude benefits for some services under paragraph (1)(C) if the Secretary determines that such an exclusion is essential for the State to implement the AIM program but such exclusion may not extend over a period of longer than 4 years. ``(b) Benefit Assessment Process.-- ``(1) Assessment tool and plan of care.-- ``(A) Development.--Not later than 18 months after the date of the enactment of this title, the Secretary, in consultation with State agencies administering State plans or waivers under title XIX and with input from other stakeholders, shall develop and publish a robust, comprehensive standard assessment tool for use by all AIM programs in evaluating the condition and needs of AIMP enrollees for benefits under the program. ``(B) Application to plan of care.--Each AIM program shall provide for an assessment for each AIMP enrollee, using such standard assessment tool, to form a basis for the enrollee's plan of care under the program. Such an assessment shall be conducted at least annually, and when a triggering event (as defined by the Secretary) affecting the enrollee's need for care occurs. ``(C) Application of grievance and appeals procedures.--Disagreements concerning the plan of care for an AIM enrollee shall be subject to grievance and appeal rights under section 2205(b). ``(2) Standard assessment tool.--The standard assessment tool under paragraph (1) shall-- ``(A) contain a required set of core elements, to which States and AIMP-administering entities may add additional requirements so long as the requirements a State or AIMP administering entity uses contain at a minimum the core set of elements; ``(B) cover multiple domains, including medical, functional, behavioral, and social domains; and ``(C) be applicable to the full range of AIMP enrollees, including individuals with serious mental illness and with needs for assistance with activities of daily living. ``(c) State Provision of Covered Benefits.-- ``(1) Use of tiered-benefit model.--An AIMP-participating State may establish a tiered-benefit design structure for benefits so that specialized benefits may be available to meet the needs of specific subpopulations of AIMP enrollees so long as such tiering-- ``(A) only applies to benefits described in subparagraph (E) of subsection (a)(1) and does not limit the coverage of core covered benefits described in subparagraphs (A) and (B) of such subsection; and ``(B) is no more restrictive than the benefit structure in place in the State under title XIX in the year before the date of the enactment of this title. ``(2) In-lieu-thereof alternative services permitted.--An AIMP-participating State may permit AIMP-administering entities to cover benefits for cost-effective alternative services (known as `in lieu of services') instead of benefits for services otherwise included under the AIM program but in no case shall an AIMP enrollee be required to use such alternative services. ``(3) Continuity of services.-- ``(A) In general.--Except as provided in subparagraph (B), during the first 6 months of an AIM enrollee's enrollment in an AIM program (or for such longer period as the AIM program may provide) an AIMP- participating State shall continue to provide access to all medically necessary covered items and services and providers (for continuity of care) that were being provided at the time of enrollment. ``(B) Exception.--Subparagraph (A) shall not apply in cases in which it is determined by the State, and agreed to by the Secretary, that the AIMP enrollee was not eligible for such services at the time of enrollment or was enrolled in the AIM program due to error or fraud. ``(d) Maintenance of Effort.--As a condition for approval of an AIM program of a State, the State shall maintain levels of benefits for AIM enrollees under the program that are not less than the level of benefits under its State plan (including under a waiver) under title XIX for full-benefit dual eligible individuals as of fiscal year 2021, as of the fiscal year before the fiscal year in which this title is enacted, or as of the fiscal year before the 1st fiscal year in which the program is implemented in the State, whichever fiscal year has the highest level of benefits. ``(e) Administration of Benefits Through AIM-Administering Entities.--AIMP-participating States shall provide for the coordination of, and the responsibility for the delivery of covered services through AIM-administering entities under an AIM contract under section 2207. ``SEC. 2205. BENEFICIARY PROTECTIONS. ``(a) In General.--Except as otherwise provided, the beneficiary protections applicable to individuals enrolled under plans under parts C and D of title XVIII and under a State plan under title XIX shall apply in a manner specified by the Secretary to AIMP enrollees under an AIM program under this title and are in addition to beneficiary protections provided under this title. ``(b) Application of Grievances and Internal and External Appeals Under AIMP Contracts.--The rights of individuals with respect to internal and external complaints and appeals processes shall be specified in the contract between the AIMP-participating State and an AIMP-administering entity. Such processes shall, at a minimum, incorporate relevant rights and processes from the requirements for plans under parts C and D of title XVIII as well as requirements for Medicaid managed care organizations under title XIX. ``(c) Requirement for Qualified AIM Ombudsman Program.-- ``(1) In general.--As a condition for approval of an AIM program for a State under this title-- ``(A) the State shall have established and have ready for implementation not later than 18 months prior to implementing the AIM program, a qualified nonprofit AIM Ombudsman program run by a community-based organization for such AIM program; and ``(B) the State, before implementation of its AIM program, shall demonstrate to the satisfaction of the Secretary (through an application of certification process specified by the Secretary) that its AIM Ombudsman program has the capacity to carry out its functions in the State, including that the program has the independence, expertise, and adequate resources in place to serve AIMP-eligible individuals and AIMP enrollees under the State AIM program. ``(2) Qualifications for qualified aim ombudsman program.-- ``(A) In general.--In order to be a qualified AIM Ombudsman program, such program must meet the requirements of this subsection for such a program. ``(B) Construction.--Nothing in this subsection shall be construed as preventing a qualified AIM Ombudsman program from being structured as part of another protection service (including those specified in paragraph (3)), so long as such other protection service meets the requirements of this subsection for a qualified AIM Ombudsman program. ``(3) Coordination with other beneficiary protection services.--A qualified AIM Ombudsman program shall coordinate with State and Federal beneficiary protection services, including the following: ``(A) Demonstration Ombudsman Programs Serving Medicare-Medicaid Enrollees. ``(B) Managed Care Beneficiary Support Systems. ``(C) Long-Term Care Ombudsman Programs. ``(D) Disability Protection and Advocacy Programs. ``(4) Core services.--A qualified AIM Ombudsman program for an AIMP-participating State shall have authority to provide the following core services with respect to the AIM program in the State: ``(A) Individual assistance (including consumer education and empowerment, assistance with and representation in beneficiary appeals, fair hearings, and grievances, guidance regarding plan and provider selection, and support during enrollment and disenrollment) for AIMP-eligible individuals considering enrollment in the State AIM program and for AIMP enrollees in such program. ``(B) Systemic monitoring and reporting to the State regarding compliance with applicable requirements. ``(5) Providing reports to consumer advisory boards.--A qualified AIM Ombudsman program for a State shall provide, on a timely basis, any reports it produces to the consumer advisory boards (established under subsection (e)) for the State and shall make them publicly available. ``(6) Funding and oversight.-- ``(A) In general.--The Secretary shall oversee and administer Federal funding directly to qualified AIM Ombudsman programs established by States. ``(B) Funding level.--For the purpose of providing funding to qualified AIMP Ombudsman programs in each State over a period of 3 fiscal years, there is appropriated, out of any money in the Treasury not otherwise appropriated, not less than $1,000,000, and not more than $5,000,000. The Secretary shall determine the funding for each such program based on the estimated number of AIMP-eligible individuals in each State. ``(C) Supplemental funding.--Nothing in this paragraph shall be construed as preventing an AIMP- participating State from providing supplemental funding for the qualified AIM Ombudsman program for the State. ``(d) Beneficiary Advisory Council.--Each AIMP-participating State shall have in operation a Beneficiary Advisory Council to advise the State regarding the treatment of AIMP-eligible individuals and AIMP enrollees under this title. The composition and specific functions and authority of such a Council shall be delineated in readiness review requirements specified by the Secretary in carrying out paragraphs (2) and (3) of section 2201(d). ``(e) Consumer Advisory Boards.-- ``(1) In general.--Each AIMP-participating State and each AIMP-administering entity in each such State shall establish a consumer advisory board that will provide regular feedback to the State or governing board of the entity, respectively, on issues of care of AIMP enrollees under the AIM program in that State or through that entity, respectively. ``(2) Composition; functions.--Each such consumer advisory board shall-- ``(A) meet at least quarterly; ``(B) be comprised of members who-- ``(i) may be subject to approval by the Secretary and the AIMP-participating State; ``(ii) are AIMP enrollees; ``(iii) are family members and other caregivers for AIMP enrollees; and ``(iv) are chosen in a manner that reflects the demographic diversity of the population of AIMP enrollees, including with respect to race, ethnicity, age, and urban and rural populations, and which includes individuals with disabilities; ``(C) meet the requirements for member advisory committees under section 438.110 of title 42, Code of Federal Regulations; and ``(D) file and make publicly available an annual report that includes at least information on-- ``(i) the dates for its meetings held within the reporting year; ``(ii) the names of board members invited and of those members in attendance at each such meeting; and ``(iii) the agenda and minutes for each such meeting. ``SEC. 2206. FEDERAL ADMINISTRATION. ``(a) Primary Administration Through the Federal Coordinated Health Care Office.-- ``(1) In general.--The Secretary shall carry out this title through the Federal Coordinated Health Care Office, except that with respect to payments under section 2208, the Secretary may delegate such authority to the Administrator of the Centers for Medicare & Medicaid Services. ``(2) Appropriations.--There are hereby appropriated to the Secretary to carry out this title, out of any funds in the Treasury not otherwise appropriated-- ``(A) for each of fiscal years 2022, 2023, and 2024, $100,000,000; and ``(B) for each succeeding fiscal year, $30,000,000. ``(b) Standards and Process.-- ``(1) Federal standards.--In carrying out this title, the Secretary shall specify a minimum set of Federal standards, including standards relating to access to care, quality of care, beneficiary protections, marketing and enrollment, grievances and appeals, and procurement. ``(2) Transparency in rulemaking.--In implementing the provisions of this title, to the extent practical, the Secretary shall utilize notice and comment rulemaking to ensure transparency for stakeholders. ``(3) Application of knowledge gained from demonstration projects and contract management teams under the financial alignment initiative.--The Secretary shall carry out this title taking into account the knowledge gained from the use of contract management teams in demonstration projects under the Financial Alignment Initiative for Medicare-Medicaid Enrollees administered by the Federal Coordinated Health Care Office. ``(c) Direct-Hire Authority.--In carrying out this title, the Secretary (acting through the Federal Coordinated Health Care Office) shall have direct-hire authority to the extent required to implement and administer this title on a timely basis. ``SEC. 2207. SELECTION AND ROLE OF AIM-ADMINISTERING ENTITIES. ``(a) Requirements for State Selection of AIM-Administering Entities.--The Secretary, in consultation with States, shall develop (not later than 1 year after the date of the enactment of this title) a set of standardized requirements for the selection of qualified organizations to serve as AIMP-administering entities in the AIM programs in each AIMP-participating State. ``(b) Application of Criteria for the Qualification and Selection of AIMP-Administering Entities.-- ``(1) In general.--Each AIM program in an AIMP- participating State shall be implemented through contracts entered into by the AIMP-participating State and organizations that qualify as AIMP-administering entities under this title. A contract with an AIMP-administrating entity shall require the entity to assume 2-sided financial risk in return for payment for the arrangement and delivery of covered benefits to AIMP enrollees assigned to the entity under the program. ``(2) Specification of criteria.--The Secretary and AIMP- participating States shall establish basic national criteria for the qualification and selection of organizations to be AIMP-administering entities. Such criteria shall take into account the prior experience (including under both the Medicare program under title XVIII and Medicaid programs under title XIX) of such an organization in serving the population of AIMP- eligible individuals as well as other criteria, including the following: ``(A) The organization's experience serving AIMP- eligible individuals in that State (or another State), including the organization's experience in providing covered services described in section 2204(a)(1) (including long-term services and supports and behavioral health services) to such individuals, and in integrating all of those services and supports for such individuals in that State (or another State). ``(B) The organization's performance on key quality measures in providing such services, such as on measures of key health outcomes and enrollee satisfaction. ``(C) The adequacy of the organization's provider network in ensuring timely access to care. ``(D) The organization's demonstrated experience in implementing models of care for the full range of such services, including with respect to non-medical services described in section 2204(a)(1). ``(3) Additional state-specific criteria.--Nothing in this subsection shall be construed as preventing a State, with the approval of the Secretary, from applying additional criteria or requirements regarding health care quality, equity, or access on AIMP-administering entities specific to quality, equity, or access, so long as such requirements and criteria-- ``(A) can be applied consistently to all AIMP- administering entities; and ``(B) are made available for public comment prior to being imposed. ``(4) Application of medical loss ratio requirements.-- ``(A) In general.--Any AIMP contract between an AIMP-participating State and an AIMP-administering entity to administer benefits under an AIM program shall include a requirement that the medical loss ratio under the AIM program shall not be not less than a percentage (not less than 85 percent) specified by the State and that the entity shall return to the State payment amounts that result in the medical loss ratio being below such percentage. ``(B) Special rules.--If an administering entity who is contracting with a participating State to administer a program under this title is an entity bearing 2-sided risk, the State shall establish with the approval of the Secretary a mechanism comparable to a medical loss ratio target to ensure appropriate spending on services by the entity. ``(c) State Procurement Process for AIMP-Administering Entities.-- ``(1) In general.--Each AIMP-participating State shall be responsible for establishing and implementing a process for the procurement and selection of AIMP-administering entities for the State AIM program, subject to the approval of the Secretary. The Secretary shall not approve such a process unless the State demonstrates to the Secretary's satisfaction that the process results in the selection of AIMP-administering entities that meet the requirements of this title and are qualified to serve the needs of AIMP enrollees in the State under the State's AIM program. An AIMP-participating State may add additional requirements specific to quality, equity, or access that further the State's overall integrated care strategy and goals, so long as such requirements are posted for public comment and approved by the Federal Coordinated Health Care Office. ``(2) Separate procurement process required for initial procurement.--For the initial procurement executed to establish an AIM program in an AIMP-participating State, the State shall not combine its AIM administering entity procurement process with a procurement process that is also used for procurement under the State plan or waiver under title XIX and shall select AIM administering entities through a standalone procurement process. ``(d) Payments to AIM-Administering Entities.--Each AIMP- participating State shall make payments to AIM-administering entities under a risk-adjusted payment model that-- ``(1) reflects the risk of the population of AIMP enrollees served by each entity; ``(2) ensures that there are appropriate resources to serve the AIMP enrollees in the State; and ``(3) protects against any adverse selection of AIMP enrollees by entities. ``SEC. 2208. PROGRAM FINANCING. ``(a) Payments to States With AIM Programs.-- ``(1) For program benefits.-- ``(A) In general.--From the sums appropriated under paragraph (3), the Secretary shall pay to each AIMP- participating State for each quarter in a fiscal year (beginning with the first fiscal year that begins after the date of enactment of this title), an amount equal to the Federal AIMP matching percentage (as defined in subsection (b)(1)) of the total amount expended during the quarter as AIMP assistance (as defined in subparagraph (B). ``(B) AIMP assistance defined.--In this title, the term `AIMP assistance' has the meaning given the term `medical assistance' under section 1905(a), except that in applying such term under this subparagraph-- ``(i) the services described in section 2204(a)(1) shall be substituted for the services described in paragraph (1) and the subsequent paragraphs of such section 1905(a); ``(ii) an AIMP enrollee shall be treated as an individual referred to in the matter in section 1905(a) before paragraph (1) of such section; and ``(iii) the exclusion in the subdivision (B) following the last paragraph of the first sentence of section 1905(a) shall not apply. ``(2) For administrative expenses.--In addition to the amount paid for each quarter in a fiscal year to an AIMP- participating State under paragraph (1), the Secretary shall pay to each such State for each quarter in a fiscal year (beginning with the first fiscal year that begins after the date of enactment of this title), from the sums appropriated under paragraph (3), not less than 50 percent of the total amount expended during such quarter as found necessary by the Secretary for the proper and efficient administration of the State AIM program under this title. ``(3) Appropriation.--There is appropriated, out of any money in the Treasury not otherwise appropriated, such amounts as may be required to provide payments to States under this section, reduced by any amounts made available from the Medicare trust funds under paragraph (5). ``(4) Relation to other payments.--Payment amounts provided under this subsection are in addition to payments provided under other provisions of this title. ``(5) Relation to medicare trust funds.--There shall be made available for application under this title from the Federal Hospital Insurance Trust Fund (under section 1817) and from the Federal Supplementary Medical Insurance Trust Fund (under section 1841) (and from the Medicare Prescription Drug Account (under section 1860D-16) within such Trust Fund) such amounts as the Secretary determines appropriate, taking into account the reductions in payments from such Trust Funds and Account that are attributable to the coverage of AIMP enrollees under AIM programs under this title. ``(b) Federal AIMP Matching Percentage.-- ``(1) In general.--In this section, the term `Federal AIMP matching percentage' means, for an AIMP-participating State for a fiscal year, 100 percent minus the State contribution percentage (as defined in paragraph (2)) for the State and fiscal year. ``(2) State contribution percentage formula.-- ``(A) In general.--In this section, the term `State contribution percentage' means, subject to adjustment under the subsequent provisions of this paragraph, with respect to an AIMP-participating State for-- ``(i) the 1st fiscal year of the AIM program in the State, the base AIMP State percentage computed under subsection (c); or ``(ii) a subsequent fiscal year, the State contribution percentage under this paragraph for the previous fiscal year adjusted in accordance with subparagraph (B) or (C), as applicable. ``(B) Annual adjustment based on changes in expenditures.--For an AIMP-participating State for a fiscal year after such 1st fiscal year, if the expenditures for AIMP assistance for which payment is made under subsection (a)(1) under the State AIM program for the second previous fiscal year-- ``(i) are not greater than 110 percent, or less than 90 percent, of the AIMP assistance expenditures for the previous fiscal year, there shall be no adjustment for the fiscal year involved under this subparagraph; ``(ii) is greater than 110 percent of the AIMP assistance expenditures for the previous fiscal year, the adjustment under this subparagraph for the fiscal year involved shall be an increase in the State contribution percentage of 1 percentage point for each multiple of 10 percentage points by which such AIMP assistance expenditures exceed 110 percent; or ``(iii) is less than 90 percent of the AIMP assistance expenditures for the previous fiscal year, the adjustment under this subparagraph for the fiscal year involved shall be a decrease in the State contribution percentage of 1 percentage point for each multiple of 10 percentage points by which such AIMP assistance expenditures is less than 90 percent. ``(C) Additional adjustments for exceptions.--The Secretary shall provide a process by which adjustments may be made to the State contribution percentage to take into account increases and decreases in AIMP expenditures described in clause (ii) or (iii) of subparagraph (B) in which the adjustments under such clauses would not apply, such as in cases of a significant increase or decrease in AIMP enrollees, a declaration of a national emergency that impacts on AIMP expenditures under this title, or a significant cost increase beyond the control of the State, as determined by the Secretary. ``(c) Baseline Expenditure and Percentage Computations.-- ``(1) In general.--Using the data reported under paragraph (2): ``(A) Computation of base aimp percentages.--For the base Federal fiscal year (as defined in paragraph (3)), the Secretary shall compute and publish for each State-- ``(i) the base AIMP State percentage (as defined in subparagraph (B)) for the State and such fiscal year; and ``(ii) the Federal AIMP matching percentage for the State and such fiscal year. ``(B) Base aimp state percentage defined.--In this section, the `base AIMP State percentage' means the amount equal to the ratio (expressed as a percentage) of-- ``(i) the sum of-- ``(I) the amount of the State share of expenditures under title XIX for medical assistance during the base Federal fiscal year attributable to full-benefit dual eligible individuals; and ``(II) the amount of the payment made to the Federal Government during the base Federal fiscal year under section 1935(c) (commonly referred to as the `part D clawback') attributable to such individuals; to ``(ii) the sum of-- ``(I) the total expenses paid under title XVIII that are attributable to full-benefit dual eligible individuals for services (or periods of coverage) occurring the base Federal fiscal year (as estimated by the Secretary); and ``(II) the total amount expended on items and services described in section 2204(a)(1) paid under title XIX (including any waivers under title XI) for full-benefit dual eligible individuals in the base Federal fiscal year. ``(C) Adjustments to base aimp percentages.--With respect to the base AIMP State percentages and the Federal AIMP matching percentages otherwise computed under this paragraph for the base Federal fiscal year, the Secretary shall adjust such percentages to take into account material changes in the programs under titles XVIII and XIX between the base Federal fiscal year and the first fiscal year for which AIM programs may be implemented under this title insofar as such material changes have a direct material impact on AIMP expenditures relating to AIMP-eligible individuals. ``(2) Data reporting for baseline computations.--Each State, in its application for approval of its AIM program, shall provide the Secretary (in such form and manner as the Secretary may require) such financial data (including detailed and aggregate, historical and projected expenditures data) on its expenditures under title XIX as the Secretary may require to carry out the computations required under this section. The Secretary shall share with the State, in a process defined by the Secretary, Medicare expenditure data (including detailed and aggregate historical and projected expenditures data) for services and benefits for full-benefit dual eligible individuals in such State. ``(3) Base federal fiscal year defined.--In this section, the term `base Federal fiscal year' means the Federal fiscal year that is the second preceding fiscal year to the 1st fiscal year for which AIM programs may be implemented under this title. ``(d) Reinvestment of Shared Savings.-- ``(1) In general.-- ``(A) In general.--If, with respect to a fiscal year, an AIMP-participating State has expenditures under this title for AIMP assistance that for the preceding fiscal year, are less than 85 percent of the expenditures for such assistance under the State AIM program for the second preceding fiscal year, the Secretary shall ensure that for each quarter in the following fiscal year, the State spends at least the shared savings amount determined for the State for the fiscal year on 1 or more of the core applications described in paragraph (3). Amounts expended by a State to meet the requirement of the preceding sentence shall not be subject to any Federal matching payments under this title. ``(B) Shared savings amount defined.--In this subsection, the term `shared savings amount' means, with respect to an AIMP-participating State for a fiscal year, the amount by which the AIMP assistance expenditures for the fiscal year is less than 85 percent of the expenditures for such assistance under the State AIM program for the second preceding fiscal year. ``(2) Application of shared savings.--The Secretary shall issue guidance outlining allowable use of the shared savings payments under paragraph (1). Under such guidance, the Secretary shall outline the types of services and benefits for which a State has the authority to apply the payments for the benefit of consumers who are AIMP-eligible individuals. Such guidance shall permit the use of such payments consistent with the core applications described in paragraph (3) and with paragraph (4), and may be used for existing State-funded health programs or new health-related initiatives that serve full- benefit dual eligible individuals under this title. ``(3) Core applications.--The core applications described in this paragraph for such consumers are as follows: ``(A) Consumer power and choice.--To provide such consumers more information and control over their health care and community support options. ``(B) Equity and access to care.--To improve access to, and quality of, care across populations, advance health equity for consumers, and reduce health disparities and eliminate barriers to care. ``(C) Prevention and wellness.--To strive to better enable such consumers to receive individualized health care that is outcomes-oriented and focused on prevention, wellness, recovery and maintaining independence. ``(D) Pay for performance.--To employ purchasing and payment methods that encourage and reward service quality and cost-effectiveness by linking reimbursements for services to such consumers to common, evidence-based quality performance measures, including patient satisfaction. ``(E) Innovative advancement.--To implement innovative and technological advancements that facilitate such consumers remaining in the community. ``(F) Service integration.--To increase integration of services with social needs to improve health outcomes for such consumers. ``(G) State personnel.--To hire additional State personnel to carry out this title. ``(H) Capacity building.--To expand capacity in providing services to such consumers, such as in-- ``(i) community-based care; and ``(ii) caregiver assistance. ``(I) Improve enrollment policies and process.--To improve the ability to enroll in the State AIMP program through streamlining enrollment policies and processes. ``(J) Increase education for providers and beneficiaries.--To ensure providers and beneficiaries understand the State AIMP program and the choices available under such program. ``(K) Improve data collection regarding racial disparities and health inequities.--To ensure appropriate data is collected and used to determine program inequities. ``(L) Other services and initiatives.--Other services and initiatives approved by the Secretary that serve full-benefit dual eligible individuals under this title. ``(4) Limitation on payment to aimp-administering entities.--An AIMP-participating State may use payments under this subsection for an AIMP-administering entity only if the State demonstrates, to the satisfaction of the Secretary, that the State's AIM program provides appropriate maintenance of access to and quality of care based on the requirements imposed by the State on the applicable AIMP-administering entities. ``(e) Application of Medicaid Payment Methodologies Financing Limitations for the Non-Federal Share of Expenditures.-- ``(1) In general.--Except as the Secretary may otherwise provide through notice and comment regulation, the following provisions of title XIX (and related regulations) shall apply to AIMP-participating States' expenditures in the AIM program in a manner similar to the manner in which such provisions apply under title XIX: ``(A) Section 1903(d) (relating to estimated payments, recovery of overpayments, disallowance of provisions). ``(B) Section 1903(w) (relating to provider-related donations, health care related taxes, and broad-based health care related taxes). ``(C) Section 1903(w)(6) (relating to certified public expenditures and intergovernmental transfers). ``(D) Other provisions relating to deferral of payments, preventing fraud and abuse, and ensuring program integrity. ``(2) Processes and forms.-- ``(A) In general.--The Secretary shall establish appropriate forms and processes (including expenditure reconciliation processes) for submission of information on State expenditures under this title in a manner similar to the processes used for purposes of payments to States under title XIX, but through the use of such alternative forms as may be appropriate in implementing this title. ``(B) Reporting of estimated expenditures by quarter.--An AIMP-participating State shall estimate matchable expenditures (including both total expenditures as well as the estimated Federal share of those expenditures) and separately report these expenditures by quarter for each fiscal year for its AIM program. The Secretary shall make Federal funds available based upon the State's estimate, as approved by the Secretary. ``(C) Reporting and reconciliation of actual expenditures on a quarterly basis.--Not later than 30 days after the end of each quarter, each AIMP- participating State shall submit to the Secretary (on an appropriate form) a quarterly expenditure report, showing expenditures made in the quarter just ended under its AIM program. The Secretary shall reconcile expenditures so reported with Federal funding previously made available to the State under this section and include the reconciling adjustment in the finalization of the grant award to the State. ``(3) Rule of construction.--Nothing in this title shall be construed as constraining or limiting the authority of the Secretary, the Administrator of the Centers for Medicare & Medicaid Services, the Inspector General of the Department of Health and Human Services, or the Comptroller General of the United States, to conduct routine and targeted program and financial management audits and other oversight activities of funds expended under this title, including oversight activities relating to the allowable use of funds. ``(f) Option for Multi-Year Investment Initiative.--The Secretary may specify a process by which an AIM-participating State may elect to participate in a multi-year investment initiative during the first 3- year period in which the State participates in the AIM program. Under such option, an AIM-participating State shall be eligible for additional Federal financial participation (as determined by the Secretary) for expenditures under this title that do not exceed an annual budget target established for the State, based on the expenditures of the State used to determined the base AIMP State percentage under subsection (c)(1)(B), and increased for the 2d and 3rd years of such period, by 9.99 percent over the budget target established for the preceding year. ``SEC. 2209. ACCOUNTABILITY AND OVERSIGHT. ``(a) Quality Assessment.--To ensure that full-benefit dual eligible individuals receive high quality care and to encourage quality improvement under AIM programs, each AIM-participating State shall establish a quality incentive program that uses financial rewards, penalties, or both that are meaningful enough to influence the administering entity's behavior and is approved by the Federal Coordinated Health Care Office. Each AIM program will be expected to tie financial incentives to performance either in the form of quality withholds or incentives, such as making additional quality payments to an AIMP-administering entity that achieves quality or equity goals or the withholding of a portion of a capitation payment to an entity that fails to achieve such goals. Each AIM-participating State shall publicly post and seek comment on its proposed quality incentive program prior to submitting to the Federal Coordinated Health Care Office for approval. ``(b) Monitoring and Program Evaluation.-- ``(1) Consolidated reporting requirements for aim- administering entities.--The Secretary and each AIMP- participating State shall define and specify in the contract for each AIMP-administering entity under this title a consolidated reporting process that ensures the provision of the necessary data on diagnosis, HEDIS measures, encounter reports, enrollee satisfaction, and evidence-based measures and other information as may be useful in order to monitor each AIMP-administering entity's performance under the AIMP contract. ``(2) Evaluation.--The Secretary and each AIMP- participating State shall develop processes and protocols for collecting (or ensuring that AIMP-administering entities collect) and reporting to the Secretary and the State the data needed for an evaluation by the Secretary to measure the impact of AIMP-administering entities, the effectiveness of the process in enrolling AIMP-eligible individuals under the AIM program, and the effectiveness of the AIM program in reducing disparities, improving quality of care, and advancing health equity. ``(3) Collaborative evaluation.--The Secretary and AIMP- participating States shall collaborate on and coordinate during any evaluation activity conducted under this subsection. ``(c) Administrative Oversight Responsibilities.-- ``(1) State role.--Each AIMP-participating State shall be responsible for day-to-day oversight of the AIMP-administering entities providing services with respect to AIMP enrollees under the AIMP contract with the State under its AIM program. Such oversight shall include the following activities: ``(A) Conducting a comprehensive readiness review of each entity (as required under section 2201(d)). ``(B) Monitoring compliance of the entity with the terms of its AIMP contract under the AIM program, including-- ``(i) ensuring adherence to and protection of enrollee rights as provided under this title; ``(ii) monitoring the entity to ensure it authorizes, arranges, coordinates, and provides all covered and medically necessary services (as required under this title) to AIMP enrollees receiving benefits administered by the entity, in accordance with the requirements of the AIMP contract; and ``(iii) ensuring compliance with applicable reporting requirements under this title. ``(C) Reviewing, approving, and monitoring-- ``(i) the entity's network adequacy; ``(ii) the outreach and orientation materials and procedures of the entity; ``(iii) the complaint and appeals procedures carried out by the entity; ``(iv) the utilization management functions of the entity; ``(v) the entity's adherence to required continuity of care provisions under section 2204(c)(3); ``(vi) the entity's use of required standard assessment tool under section 2204(b); ``(vii) the entity's informational materials, particularly for those individuals who will be assigned to the entity under section 2203(f); and ``(viii) the entity's use of streamlined eligibility processes under this title. ``(D) Conducting monthly (or more frequent) performance review meetings with the entity. ``(E) Conducting periodic audits of the entity, including at least an annual independent external review and an annual site visit. ``(F) Receiving and responding to complaints about the entity. ``(G) Conducting annual surveys of AIMP enrollees and providing the entity with written results of such surveys. ``(H) Applying 1 or more sanctions (such as those provided under title XIX), which may include termination of the contract, if the State or the Secretary determines that the entity is in material violation of any of the terms of the AIMP contract. ``(2) Federal oversight role.-- ``(A) In general.--The Secretary shall be responsible for the oversight of AIMP-participating States. Such oversight shall include activities developed through engagement with stakeholders, including consumer advocates, and shall include at the least the following activities: ``(i) Monitoring the process to select organizations to serve as AIMP-administering entities under the AIM program. ``(ii) Conducting a thorough readiness review of the State (before readiness reviews for such organizations) under section 2201(d)(2). ``(iii) Ensuring, including through complaint tracking and secret shopping, the State creates and maintains a highly functional, dedicated AIMP Ombudsman program under section 2205(c). ``(iv) Ensuring, through direct monitoring, State oversight of compliance of AIMP- administering entities with the terms of their AIMP contracts under the AIM program. ``(v) Reviewing eligibility and enrollment processes and procedures. ``(vi) Monitoring State data systems to ensure they are sufficient for providing timely data on program performance. ``(vii) Ensuring payment rates to AIMP- administering entities under the AIMP contract are actuarially sound, including by establishing a rate setting process established through rulemaking whereby, at a minimum-- ``(I) States and the Secretary provide AIMP-administering entities with comprehensive and timely data as part of the rate setting process and procurement, including historical Medicaid and Medicare cost and utilization data for full-benefit dual eligible individuals by region and including detailed categories of service; ``(II) States may elect to share the final rate certification package provided to the Secretary with AIMP- administering entities; and ``(III) an opportunity for public input is established for annual rate setting or when rates are significantly modified whereby stakeholders, including patient advocacy groups, health care providers, and AIMP- administering entities, can provide feedback to the Secretary prior to rate approval. ``(viii) Coordinating periodic audits of the State with respect o its AIM program. ``(ix) Conducting regular meetings with the State. ``(x) Applying discretionary action, if warranted. ``(xi) Ensuring regular engagement with dually eligible individuals and their caregivers. ``(B) Compliance authority.--If the Secretary finds with respect to a State AIM program that the State failed to achieve the appropriate performance levels or compliance with the activities required under subparagraph (A), the Secretary shall take such action as is necessary to address and correct the State failures, which may include, to the extent the Secretary determines appropriate, 1 or more of the following: ``(i) Developing in consultation with the State, a corrective compliance plan for achieving appropriate performance levels or compliance. ``(ii) Remedial education and supervised training. ``(iii) Imposition of penalties or sanctions. ``(iv) Removal of the State from the AIM program. ``(3) State-federal partnership role through joint contract management teams (cmt).-- ``(A) Establishment.--The Secretary shall, jointly with each AIMP-participating State, establish a Joint Contract Management Team (in this paragraph referred to as a `CMT') following the model used in the demonstration projects conducted under the Financial Alignment Initiative for Medicare-Medicaid Enrollees administered by the Federal Coordinated Health Care Office. ``(B) Composition and structure.-- ``(i) In general.--Each CMT shall include at least 1 contract officer from the Centers for Medicare & Medicaid Services and at least 1 contract officer from the AIMP-participating State, each of whom is authorized and empowered to represent the Secretary and the State, respectively, about all aspects of the AIMP contract with an AIMP-administering entity under the AIM program of the State. ``(ii) Lead.--The representation from the Federal Government shall be led by the individual from the Federal Coordinated Health Care Office who is assigned to work with the State, who will bring in additional individuals, as appropriate. ``(iii) State lead.--The representation from the AIMP-participating State shall be led by the Director of the State Medicaid program under title XIX (or such Director's designee) who will bring in additional individual to represent the State, as appropriate. ``(C) Responsibilities of cmt.--Each CMT for a State shall act as a liaison among the AIMP- administering entity, the Secretary, and the State for the duration of the AIMP contract with such entity and shall serve to facilitate communications and operations among the 3 parties. Each CMT shall, among other functions-- ``(i) receive and respond to complaints; ``(ii) conduct quarterly meetings among the parties; ``(iii) establish a mechanism for ongoing consumer engagement; ``(iv) coordinate requests for assistance from the entity and assign Federal and State staff with appropriate expertise to provide technical assistance to the entity; ``(v) make best efforts to resolve any issues applicable to the parties; and ``(vi) monitor any discretionary action by the State or the Secretary under the provisions of the AIMP contract. ``SEC. 2210. DEFINITIONS; MISCELLANEOUS PROVISIONS. ``(a) Definitions.--In this title: ``(1) Terms relating to aimp.-- ``(A) AIMP-administering entity.--The term `AIMP- administering entity' means an organization that has been determined to meet the requirements for such an entity under this title and has an AIMP contract with an AIMP-participating State under this title. ``(B) AIMP assistance.--The term `AIMP assistance' has the meaning given such term in section 2208(a)(1)(B). ``(C) AIMP contract.--The term `AIMP contract' is a contract described in section 2207(b)(1). ``(D) AIMP-eligible individual.--The term `AIMP- eligible individual' has the meaning given such term in section 2202(a). ``(E) AIMP enrollee.--The term `AIMP enrollee' means an individual who is enrolled in an AIM program under this title. ``(F) AIMP-participating state.--The term `AIMP- participating State' means a State administering an AIM program under this title. ``(G) AIM program; aimp.--The terms `AIM program' and `AIMP' mean, with respect to a State, the program established by the State under this title. ``(2) Other definitions.-- ``(A) Full-benefit dual eligible individual.--The term `full-benefit dual eligible individual' has the meaning given such term in section 1935(c)(6) but without the application of subparagraph (A)(i) of such section. ``(B) Federal coordinated health care office.--The term `Federal Coordinated Health Care Office' means the office established under section 2602 of the Patient Protection and Affordable Care Act. ``(C) Medicaid managed care organization.--The term `medicaid managed care organization' has the meaning given that term in section 1903(m)(1)(A) and includes a prepaid inpatient health plan, as defined in section 438.2 of title 42, Code of Federal Regulations (or any successor regulation) and a prepaid ambulatory health plan, as defined in such section (or any successor regulation). ``(b) Miscellaneous Provisions.-- ``(1) Relation to other requirements.--Except as otherwise provided under this title or by regulation, the requirements of title XIX shall apply under an AIM program in relation to AIMP- eligible individuals, AIMP enrollees, and the provision of benefits under an AIM program, in the same manner as such requirements apply with respect to individuals eligible for medical assistance who are enrolled in under a medicaid managed care organization. ``(2) Limitation on waiver authority.--Except as provided in this title, the Secretary is not authorized (under section 1115, 1115A, or otherwise) to waive the requirements specified in this title.''. (b) Conforming Amendments to Medicare.-- (1) Enrollment.--Section 1851(a) of the Social Security Act (42 U.S.C. 1395w-21(a)) is amended by adding at the end the following new paragraph: ``(4) Additional enrollment option for certain full-benefit dual eligible individuals.--Full-benefit dual eligible individuals may also be eligible to enroll under a State AIM program under title XXII.''. (2) Prohibition.--During the period in which an AIM program is fully implemented in an AIMP-participating State under title XXII, AIMP-eligible individuals in the State may not enroll in a managed Medicare and other integrated duals product (other than a PACE program). (c) Conforming Amendments to Medicaid.-- (1) Preventing duplicate payments.--Section 1903(i) of the Social Security Act (42 U.S.C. 1396(i)) is amended-- (A) by striking ``or'' at the end of paragraph (26); (B) by striking the period at the end of paragraph (27) and inserting ``; or''; and (C) by inserting after paragraph (27) the following new paragraph: ``(28) with respect to any amount expended for medical assistance for an individual who is an AIMP enrollee under a State AIM program under title XXII, except specifically permitted under such title.''. (2) Note: Additional conforming amendments to be provided. (d) Conforming Amendment.--Section 2602(d) of the Patient Protection and Affordable Care Act (42 U.S.C. 1315b(d)) is amended by adding at the end the following: ``(9) To be primarily responsible for the Federal administration of title XXII of the Social Security Act.''. (e) Other Conforming Amendments.--Section 1101(a)(1) of the Social Security Act (42 U.S.C. 1301(a)(1)) is amended-- (1) by striking ``XIX, and XXI'' and inserting ``XIX, XXI, and XXII''; and (2) by striking ``XIX and XXI'' and inserting ``XIX, XXI, and XXII''. SEC. 3. MEDPAC STUDY AND REPORT. (a) Study.--The Medicare Payment Advisory Commission shall conduct a study for purposes of making recommendations regarding how to improve health care and other support needs of individuals who are eligible for and are receiving medical assistance for the payment of medicare cost- sharing under a State Medicaid program pursuant to clause (i), (iii), or (iv) of section 1902(a)(10)(E) of the Social Security Act (42 U.S.C. 1396a(a)(10)(E)). (b) Report.--Not later than 18 months after the date of enactment of this Act, the Medicare Payment Advisory Commission shall submit to Congress a report on the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Commission determines to be appropriate. <all>

Comprehensive Care for Dual Eligible Individuals Act

A bill to amend the Social Security Act to establish an optional State-administered program to provide fully integrated, comprehensive, coordinated care for full-benefit dual eligible individuals under the Medicare and Medicaid programs, and for other purposes.

Comprehensive Care for Dual Eligible Individuals Act

Sen. Brown, Sherrod

D

OH

H.R.351

Agriculture and Food

COLA's Don't Count Act of 2021 This bill revises requirements for determining eligibility and benefits under the Supplemental Nutrition Assistance Program (SNAP, formerly known as the food stamp program) to exclude household income received from certain cost-of-living adjustments and supplementary payments under the Social Security Act.

To amend the Food and Nutrition Act of 2008 to exclude from income, for the purpose of determining eligibility and benefits, income received from cost of living adjustments made under titles II and XVI of the Social Security Act and from supplementary payments received under section 1616 of such 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 ``COLA's Don't Count Act of 2021''. SEC. 2. AMENDMENT. Section 5(d) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(d)) of such Act-- (1) in paragraph (18) by striking ``and'' at the end, (2) by redesignating paragraph (19) as paragraph (20), and (3) by inserting after paragraph (18) the following: ``(19) income attributable to cost of living adjustments received under title II or XVI of the Social Security Act (42 U.S.C. 401 et seq.), and supplementary payments received under section 1616 of such Act (42 U.S.C. 1382e); and''. SEC. 3. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on October 1, 2021. <all>

COLA’s Don’t Count Act of 2021

To amend the Food and Nutrition Act of 2008 to exclude from income, for the purpose of determining eligibility and benefits, income received from cost of living adjustments made under titles II and XVI of the Social Security Act and from supplementary payments received under section 1616 of such Act.

COLA’s Don’t Count Act of 2021

Rep. Moore, Gwen

D

WI

H.R.7766

Environmental Protection

Trust the Science Act This bill directs the Department of the Interior to remove protections for the gray wolf under the Endangered Species Act of 1973 (ESA). Specifically, the bill requires Interior to reissue the final rule titled Endangered and Threatened Wildlife and Plants; Removing the Gray Wolf (Canis lupus) From the List of Endangered and Threatened Wildlife and published on November 3, 2020. The rule removed the gray wolf in the lower 48 United States, except for the Mexican wolf (C. l. baileyi) subspecies, from the endangered and threatened species list. However, the U.S. District Court for the Northern District of California vacated the rule on February 10, 2022. As a result, the gray wolf reattained the protection status it had prior to the rule's promulgation. The bill also prohibits the reissuance of the rule from being subject to judicial review.

To require the Secretary of the Interior to reissue regulations removing the gray wolf from the list of endangered and threatened wildlife under the Endangered Species Act of 1973. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Trust the Science Act''. SEC. 2. REMOVING THE GRAY WOLF FROM THE LIST OF ENDANGERED AND THREATENED WILDLIFE. Not later than 60 days after the date of enactment of this section, the Secretary of the Interior shall reissue the final rule entitled ``Endangered and Threatened Wildlife and Plants; Removing the Gray Wolf (Canis lupus) From the List of Endangered and Threatened Wildlife'' and published on November 3, 2020 (85 Fed. Reg. 69778). SEC. 3. NO JUDICIAL REVIEW. Reissuance of the final rule under section 2 shall not be subject to judicial review. <all>

Trust the Science Act

To require the Secretary of the Interior to reissue regulations removing the gray wolf from the list of endangered and threatened wildlife under the Endangered Species Act of 1973.

Trust the Science Act

Rep. Boebert, Lauren

R

CO

H.R.1917

Emergency Management

Hazard Eligibility and Local Projects Act This act makes an entity seeking assistance under a hazard mitigation assistance program eligible to receive such assistance for certain projects already in progress. Specifically, this act covers a project that The Federal Emergency Management Agency (FEMA) must have determined that the project qualifies for a categorical exclusion, is compliant with applicable floodplain management and protection of wetland regulations and criteria, and does not require consultation under any other environmental or historic preservation law or regulation or involve any extraordinary circumstances. FEMA must report to Congress, within 180 days of enactment and annually thereafter for three years, on use of the authority under this act. Such authority terminates three years after enactment.

[117th Congress Public Law 332] [From the U.S. Government Publishing Office] [[Page 136 STAT. 6119]] Public Law 117-332 117th Congress An Act To modify eligibility requirements for certain hazard mitigation assistance programs, and for other purposes. <<NOTE: Jan. 5, 2023 - [H.R. 1917]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Hazard Eligibility and Local Projects Act. 42 USC 5170c note.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Hazard Eligibility and Local Projects Act''. SEC. 2. AUTHORITY TO BEGIN IMPLEMENTATION OF ACQUISITION AND DEMOLITION ASSISTANCE PROJECTS. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Emergency Management Agency. (2) Covered project.--The term ``covered project'' means a project that-- (A) is an acquisition and demolition project for which an entity began implementation, including planning or construction, before or after requesting assistance for the project under a hazard mitigation assistance program; and (B) qualifies for a categorical exclusion under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). (3) Hazard mitigation assistance program.--The term ``hazard mitigation assistance program'' means-- (A) any grant program authorized under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133); (B) the hazard mitigation grant program authorized under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c); and (C) the flood mitigation assistance program authorized under section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c). (b) Eligibility for Assistance for Covered Projects.-- (1) In general.--An entity seeking assistance under a hazard mitigation assistance program may be eligible to receive that assistance for a covered project if-- (A) the entity-- (i) complies with all other eligibility requirements of the hazard mitigation assistance program for acquisition or demolition projects, including extinguishing all incompatible encumbrances; and [[Page 136 STAT. 6120]] (ii) complies with all Federal requirements for the covered project; and (B) <<NOTE: Determination.>> the Administrator determines that the covered project-- (i) qualifies for a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (ii) is compliant with applicable floodplain management and protection of wetland regulations and criteria; and (iii) does not require consultation under any other environmental or historic preservation law or regulation or involve any extraordinary circumstances. (2) Costs incurred.--An entity seeking assistance under a hazard mitigation assistance program shall be responsible for any project costs incurred by the entity for a covered project if the covered project is not awarded, or is determined to be ineligible for, assistance. (c) Applicability.--This Act shall apply to covered projects started on or after the date of enactment of this Act. (d) Report.--Not later than 180 days after the date of enactment of this Act, and annually thereafter for 3 years, the Administrator shall submit to Congress a report on use of the authority under this Act, including-- (1) how many applicants used the authority; (2) how many applicants using the authority successfully obtained a grant; (3) how many applicants were not able to successfully obtain a grant; (4) the reasons applicants were not able to obtain a grant; and (5) the extent to which applicants using the authority were able to comply with all necessary Federal environmental, historic preservation, and other related laws and regulations. (e) Termination.--The authority provided under this Act shall cease to be effective on the date that is 3 years after the date of enactment of this Act. Approved January 5, 2023. LEGISLATIVE HISTORY--H.R. 1917 (S. 1877): --------------------------------------------------------------------------- HOUSE REPORTS: No. 117-170, Pt. 1 (Comm. on Transportation and Infrastructure). SENATE REPORTS: No. 117-205 (Comm. on Homeland Security and Governmental Affairs) accompanying S. 1877. CONGRESSIONAL RECORD: Vol. 167 (2021): Nov. 3, 4, considered and passed House. Vol. 168 (2022): Dec. 14, considered and passed Senate, amended. Dec. 21, House concurred in Senate amendment. <all>

Hazard Eligibility and Local Projects Act

To modify eligibility requirements for certain hazard mitigation assistance programs, and for other purposes.

Hazard Eligibility and Local Projects Act Hazard Eligibility and Local Projects Act Hazard Eligibility and Local Projects Act

Rep. Fletcher, Lizzie

D

TX

H.R.9121

Taxation

Qualified Agricultural Carbon Sequestration Act of 2022 This bill allows certain qualified applicants (i.e., farms) a new tax credit for the abatement and sequestration of carbon dioxide emissions related to certain agricultural activities. The bill requires the Department of the Treasury to establish a qualified agricultural carbon sequestration and abatement program to consider and award certifications for farms eligible for the credit.

To amend the Internal Revenue Code of 1986 to establish a tax credit for abatement and sequestration of carbon dioxide equivalent through agricultural methods. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Qualified Agricultural Carbon Sequestration Act of 2022''. SEC. 2. QUALIFIED AGRICULTURAL CARBON SEQUESTRATION CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 45Z the following new section: ``SEC. 45AA. QUALIFIED AGRICULTURAL CARBON SEQUESTRATION CREDIT. ``(a) In General.--For purposes of section 38, in the case of a qualified applicant, the qualified agricultural carbon sequestration credit for the taxable year is an amount equal to the sum of-- ``(1) the carbon dioxide equivalent abatement credit, ``(2) the carbon dioxide equivalent sequestration credit, and ``(3) the early adopter credit. ``(b) Carbon Dioxide Equivalent Abatement Credit.-- ``(1) In general.--The amount of the carbon dioxide equivalent abatement credit for the taxable year shall be equal to the applicable dollar amount per metric ton of qualified carbon dioxide equivalent abatement by a qualified applicant. ``(2) Qualified carbon dioxide equivalent abatement.--For purposes of this subsection, the term `qualified carbon dioxide equivalent abatement' means the amount (not less than zero) equal to-- ``(A) the amount of carbon dioxide equivalent emitted into the atmosphere by the qualified applicant during the counterfactual baseline year, minus ``(B) the amount of carbon dioxide equivalent emitted into the atmosphere by such farm during the taxable year. ``(3) Applicable dollar amount.-- ``(A) For purposes of this subsection, the applicable dollar amount shall be an amount equal to-- ``(i) for any taxable year beginning in a calendar year after 2022 and before 2027, the dollar amount established by linear interpolation between $22.66 and $50 for each calendar year during such period, and ``(ii) for any taxable year beginning in a calendar year after 2026, an amount equal to the product of $50 and the inflation adjustment factor determined under section 43(b)(3)(B) for such calendar year, determined by substituting `2025' for `1990'. ``(B) Rounding.--The applicable dollar amount determined under subparagraph (A) shall be rounded to the nearest cent. ``(4) Limitation.--For purposes of this subsection, the carbon dioxide equivalent abatement credit shall only be allowed in each taxable year subsequent to the counterfactual baseline year. ``(c) Carbon Dioxide Equivalent Sequestration Credit.-- ``(1) In general.--The amount of the carbon sequestration credit for any taxable year shall be an amount equal to the sum of-- ``(A) the qualifying amount, plus ``(B) an amount equal to the sum of any carbon sequestration allotment for such taxable year. ``(2) Qualifying amount.--For purposes of this subsection, the term qualifying amount means-- ``(A) in the case of a taxable year for which qualified carbon sequestration by a qualified applicant is greater than zero, 10 percent of the applicable dollar amount per metric ton of such qualified carbon sequestration by such applicant, and ``(B) in the case of a taxable year for which qualified carbon sequestration by a qualified applicant is equal to or less than zero, 0 percent of such applicable dollar amount. ``(3) Applicable dollar amount.-- ``(A) In general.--The applicable dollar amount shall be an amount equal to-- ``(i) for any taxable year beginning in a calendar year after 2022 and before 2027, the dollar amount established by linear interpolation between $12.83 and $35 for each calendar year during such period, and ``(ii) for any taxable year beginning in a calendar year after 2026, an amount equal to the product of $35 and the inflation adjustment factor for such calendar year determined under section 43(b)(3)(B) for such calendar year, determined by substituting `2025' for `1990'. ``(B) Rounding.--The applicable dollar amount determined under paragraph (1) shall be rounded to the nearest cent. ``(4) Carbon sequestration allotment.--For purposes of this subsection, the term `carbon sequestration allotment' means, for each of the 9 taxable years subsequent to any taxable year described in paragraph (1)(A), an amount equal to the amount described in such paragraph. ``(5) Qualified carbon sequestration.-- ``(A) In general.--For purposes of this subsection, the term `qualified carbon sequestration' means the amount (not less than zero) equal to-- ``(i) the stock of soil organic carbon stored in the soil of the qualified farm during the taxable year, minus ``(ii) the stock of soil organic carbon stored in the soil of such farm during the preceding taxable year. ``(B) First year.--For purposes of the first taxable year beginning after the date on which a taxable entity after the date the taxpayer becomes a qualified applicant, the taxable year described in subparagraph (A)(ii) shall be the counterfactual baseline year. ``(6) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any carbon sequestration credit allowable under this subsection with respect to any carbon which ceases to be sequestered in a manner consistent with the requirements under this section for a period of not less than 10 years. ``(d) Early Adopter Credit.-- ``(1) In general.--The amount of the early adopter credit for any taxable year shall be an amount equal to the applicable dollar amount per metric ton of early adopter carbon sequestration. ``(2) Early adopter carbon sequestration.--For purposes of this subsection, the term `early adopter carbon sequestration' means the amount (not less than zero) equal to-- ``(A) the stock of soil organic carbon stored in the soil of the qualified farm during the taxable year, minus ``(B) the average stock of soil organic carbon stored in the soil of other farms in the county in which such qualified farm is located during the taxable year. ``(3) Credit may be taken only once.--The credit under this subsection may only be taken with respect to a qualified farm in the first year a credit is allowed to such farm under this section. ``(4) Applicable dollar amount.-- ``(A) In general.--The applicable dollar amount shall be an amount equal to-- ``(i) for any taxable year beginning in a calendar year after 2022 and before 2027, the dollar amount established by linear interpolation between $12.83 and $35 for each calendar year during such period, and ``(ii) for any taxable year beginning in a calendar year after 2026, an amount equal to the product of $35 and the inflation adjustment factor for such calendar year determined under section 43(b)(3)(B) for such calendar year, determined by substituting `2025' for `1990'. ``(B) Rounding.--The applicable dollar amount determined under paragraph (1) shall be rounded to the nearest cent. ``(e) Qualified Applicant.--For purposes of this section, the term `qualified applicant' means a farm (including the taxpayer with operational control over sequestration on such farm, or a third party project developer or aggregator acting on the taxpayer's behalf) which has been certified by the Secretary pursuant to subsection (f). ``(f) Qualified Agricultural Carbon Sequestration and Abatement Program.-- ``(1) In general.--Not later than 180 days after the date of enactment of this section, the Secretary, after consultation with the Secretary of Agriculture, shall establish a qualified agricultural carbon sequestration and abatement program to consider and award certifications for qualified applicants eligible for credits under this section. ``(2) Application.--An applicant under this subsection shall submit an application containing such information as the Secretary may require, including information required for the selection described in paragraph (3). ``(3) Selection.--In determining which applicants to certify under this subsection, the Secretary shall do the following: ``(A) Certify the manner and methods by which the taxpayer will measure the amount of carbon dioxide equivalent abatement and sequestration. Such manner and methods shall be consistent with current best practices, with measured changes independently verified by the Secretary of Agriculture as-- ``(i) real, ``(ii) additional, ``(iii) based on a realistic and credible baseline, ``(iv) quantified, monitored, reported, and verified, ``(v) having a clear and transparent chain of custody, ``(vi) representing permanent emissions reductions, ``(vii) assessed and mitigated against potential increase in emissions elsewhere, ``(viii) only counted once towards a mitigation obligation, and ``(ix) causing no net harm. ``(B) Assess and approve independent greenhouse gas crediting programs which register projects and credits involving qualified farms. ``(4) 5-year certification.--A certification under paragraph (3) shall be valid for a period of 5 years after the date such certification is issued. ``(g) Counterfactual Baseline Year.--For purposes of this section, the term `counterfactual baseline year' means the year in which the Secretary certifies a qualified applicant under subsection (f). ``(h) Requirements Regarding Carbon Dioxide Equivalent.--The credit under this section shall apply only with respect to carbon dioxide equivalent the abatement or sequester of which is-- ``(1) within the United States or a possession of the United States, and ``(2) measured on a qualified farm and verified using the methods or independent greenhouse gas crediting programs certified by the Secretary under subsection (f)(3). ``(i) Regulations.--Not later than 14 months after the date of enactment of this section, the Secretary shall, after consultation with the Secretary of Agriculture, prescribe such regulations and guidance as may be necessary or appropriate to carry out this section, including regulations or guidance to-- ``(1) establish the method and frequency by which soil samples are taken from qualified farms to determine the amount of carbon which is sequestered in the soil of such farms, ``(2) provide rules for the treatment of credits in cases where a qualified farm is sold or transferred to another person subsequent to the baseline year, and ``(3) provide rules for the early adopter credit in subsection (d).''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (37), by striking the period at the end of paragraph (38) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(39) the qualified agricultural carbon sequestration credit determined under section 45AA(a).''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45Z the following new item: ``Sec. 45AA. Qualified agricultural carbon sequestration credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2022. <all>

Qualified Agricultural Carbon Sequestration Act of 2022

To amend the Internal Revenue Code of 1986 to establish a tax credit for abatement and sequestration of carbon dioxide equivalent through agricultural methods.

Qualified Agricultural Carbon Sequestration Act of 2022

Rep. Ryan, Tim

D

OH

H.R.1713

Families

This bill requires the Department of Health and Human Services to study and report on adoption outcomes and the factors, including parental substance use disorder, affecting such outcomes.

To amend the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 to require a study and report on adoption outcomes and the factors affecting those outcomes, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. STUDY AND REPORT ON SUCCESSFUL ADOPTIONS. Section 204 of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5114) is amended to read as follows: ``SEC. 204. STUDY AND REPORT ON SUCCESSFUL ADOPTIONS. ``(a) Study.--The Secretary shall conduct a study (directly or by grant to, or contract with, public or private nonprofit research agencies or organizations) on adoption outcomes and the factors (including parental substance use disorder) affecting those outcomes. ``(b) Report.--Not later than the date that is 36 months after the date of the enactment of the Stronger Child Abuse Prevention and Treatment Act the Secretary shall submit a report to Congress that includes the results of the study required under subsection (a).''. <all>

To amend the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 to require a study and report on adoption outcomes and the factors affecting those outcomes, and for other purposes.

To amend the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 to require a study and report on adoption outcomes and the factors affecting those outcomes, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To amend the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 to require a study and report on adoption outcomes and the factors affecting those outcomes, and for other purposes.

Rep. Smucker, Lloyd

R

PA

S.2538

Health

Alternatives to Opioids in the Emergency Department Reauthorization Act of 2021 or the ALTO Reauthorization Act of 2021 This bill reauthorizes through FY2026 a grant program for developing and implementing alternatives to opioids for pain management in hospitals and emergency departments.

To reauthorize a program of grants to hospitals and emergency departments to develop, implement, enhance, or study alternatives to opioids for pain management, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternatives to Opioids in the Emergency Department Reauthorization Act of 2021'' or the ``ALTO Reauthorization Act of 2021''. SEC. 2. REAUTHORIZATION OF EMERGENCY ALTERNATIVES TO OPIOIDS PROGRAM. Section 7091 of the SUPPORT for Patients and Communities Act (42 U.S.C. 294i note) is amended-- (1) in the section heading, by striking ``demonstration''; (2) in the headings of subsections (a) and (b), by striking ``Demonstration'' each place it appears; (3) in subsections (a)(1) and (b), by striking ``demonstration'' each place it appears; (4) in subsection (f)-- (A) by striking ``Not later than 1 year after completion of the demonstration program under this section'' and inserting ``Not later than the end of each of calendar years 2022 and 2028''; and (B) by striking ``demonstration'' after ``results of the''; and (5) in subsection (g), by striking ``2019 through 2021'' and inserting ``2022 through 2026''. <all>

ALTO Reauthorization Act of 2021

A bill to reauthorize a program of grants to hospitals and emergency departments to develop, implement, enhance, or study alternatives to opioids for pain management, and for other purposes.

ALTO Reauthorization Act of 2021 Alternatives to Opioids in the Emergency Department Reauthorization Act of 2021

Sen. Booker, Cory A.

D

NJ

H.R.7595

Immigration

Victims Of Immigration Crime Engagement Restoration Act or as the VOICE Restoration Act This bill establishes the Victims of Immigration Crime Engagement Office within U.S. Immigration and Customs Enforcement. The office shall provide assistance to victims of crimes committed by non-U.S. nationals (aliens under federal law) who are present in the United States without lawful immigration status.

To establish the Victims of Immigration Crime Engagement Office within the Department of Homeland Security, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Victims Of Immigration Crime Engagement Restoration Act'' or as the ``VOICE Restoration Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In April 2017, the United States Department of Homeland Security launched the U.S. Immigration and Customs Enforcement (ICE) Victims of Immigration Crime Engagement Office (VOICE) in response to the Executive Order 13768 issued by President Donald J. Trump entitled Enhancing Public Safety in the Interior of the United States, which directed DHS to create an office to support victims of crimes committed by criminal aliens. (2) In June 2021, the United States Department of Homeland Security terminated VOICE pursuant to the Executive order on the Revision of Civil Immigration Enforcement Policies and Priorities issued by President R. Joseph Jr. SEC. 3. VICTIMS OF IMMIGRATION CRIME ENGAGEMENT OFFICE. (a) Establishment.----There is established the Victims of Immigration Crime Engagement Office (hereinafter in this Act referred to as ``VOICE'') within the U.S. Immigration and Customs Enforcement, which shall provide assistance to victims of crimes committed by aliens present in the United States without lawful status under the immigration laws, in addition to witnesses and legal representatives of individuals acting at the request of a victim or witness. (b) Duties.--The duties of VOICE are to do the following: (1) Use a victim-centered approach to acknowledge and support persons who are victims or witnesses described in subsection (a) and their families. (2) Promote awareness of available services to such persons. (3) Build collaborative partnerships with community stakeholders assisting such persons. (c) Assistance.--- The types of assistance authorized to be provided by VOICE to such persons impacted by crimes committed by aliens described in subsection (a) includes-- (1) the establishment and operation of a dedicated toll- free VOICE Hotline to answer questions from victims; (2) local contacts to help with unique requests from such persons; (3) access to social service professionals able to refer victims to resources and service providers; (4) assistance signing up to receive automated custody status information regarding an alien described in subsection (a) held in custody; and (5) additional criminal or immigration history may be available about an illegal alien to victims or their families. (d) Report.--Not later than 180 days after the date of the enactment of this Act, VOICE shall publish quarterly reports to Congress, the Secretary of Homeland Security, and the President of the United States studying the effects of the victimization by aliens described in subsection (a) present in the United States. <all>

Victims Of Immigration Crime Engagement Restoration Act

To establish the Victims of Immigration Crime Engagement Office within the Department of Homeland Security, and for other purposes.

VOICE Restoration Act Victims Of Immigration Crime Engagement Restoration Act

Rep. Bergman, Jack

R

MI

S.4584

Public Lands and Natural Resources

Canyon's Law This bill prohibits the preparing, placing, installing, setting, deploying, or otherwise using an M-44 device on public land. An M-44 device is defined as a device designed to propel sodium cyanide when triggered by an animal, including any device that may be commonly known as an M-44 ejector device or an M-44 predator control device. No later than 30 days after the enactment of this bill, any federal, state, or county agency that has prepared, placed, installed, set, or deployed an M-44 device on public land shall remove each such device from such land.

To prohibit the use of M-44 devices, commonly known as ``cyanide bombs'', on public land, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as ``Canyon's Law''. SEC. 2. FINDINGS. Congress finds the following: (1) Sodium cyanide is the highly toxic pesticide active ingredient used in M-44 devices, also known as ``cyanide bombs'', and is used to kill wolves, coyotes, foxes, and wild dogs suspected of preying on livestock and poultry. (2) Sodium cyanide is registered for restricted use under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) as a Category One acute toxicant, the most hazardous Environmental Protection Agency classification available, due to the harm it poses to people and the environment. (3) Poisoning by sodium cyanide leads to central nervous system depression, cardiac arrest, respiratory failure, paralysis, and blindness. (4) The Environmental Protection Agency authorizes the use of M-44 devices nationwide, and in recent years, M-44s were used in Colorado, Idaho, North Dakota, Nebraska, New Mexico, Nevada, Oklahoma, Texas, Utah, Virginia, West Virginia, and Wyoming. (5) In 2017, an M-44 device exposed an Idaho child to a sublethal dose of sodium cyanide with subsequent short-term and long-term medical complications. Two Wyoming children were also exposed to the poison from another M-44 device. Three family dogs died in these two separate incidents. (6) The indiscriminate M-44 device commonly harms nontarget wildlife and people; at least 42 people have accidentally triggered a cyanide bomb causing exposure to cyanide gas and injuries since 1984. (7) M-44 devices kill targeted animals only 53 percent of the time. Thousands of nontarget species of animals have been killed by M-44s, including bald eagles, golden eagles, gray wolves, black bears, grizzly bears, bobcats, fishers, and family dogs. (8) Despite the United States Fish and Wildlife Service determining in 1993 that M-44 devices could kill endangered species like the California Condor, the use of the M-44 continues in areas where endangered species are found and continues to result in the deaths of endangered species. SEC. 3. USE OF M-44 DEVICES ON PUBLIC LAND PROHIBITED. (a) In General.--Preparing, placing, installing, setting, deploying, or otherwise using an M-44 device on public land is prohibited. (b) Removal.--Not later than 30 days after the date of the enactment of this Act, any Federal, State, or county agency that has prepared, placed, installed, set, or deployed an M-44 device on public land shall remove each such M-44 device from public land. (c) Definitions.--In this Act: (1) M-44 device.-- (A) In general.--The term ``M-44 device'' means a device designed to propel sodium cyanide when triggered by an animal. (B) Common names.--The term ``M-44 device'' includes any device that may be commonly known as an ``M-44 ejector device'' or an ``M-44 predator control device''. (2) Public land.--The term ``public land'' means any Federal land under the administrative jurisdiction of a public land management agency. (3) Public land management agency.--The term ``public land management agency'' means each of, or a combination of, the following: (A) The National Park Service. (B) The United States Fish and Wildlife Service. (C) The Bureau of Land Management. (D) The Bureau of Reclamation. (E) The Forest Service. <all>

Canyon’s Law

A bill to prohibit the use of M-44 devices, commonly known as "cyanide bombs", on public land, and for other purposes.

Canyon’s Law

Sen. Merkley, Jeff

D

OR

S.1137

Crime and Law Enforcement

Gay and Trans Panic Defense Prohibition Act of 2021 This bill generally prohibits a federal criminal defendant from asserting, as a defense, that the nonviolent sexual advance of an individual or a perception or belief of the gender, gender identify or expression, or sexual orientation of an individual excuses or justifies conduct or mitigates the severity of an offense.

To amend title 18, United States Code, to prohibit gay and trans panic defenses. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Gay and Trans Panic Defense Prohibition Act of 2021''. SEC. 2. FINDINGS. Congress finds that-- (1) the American Bar Association has urged the Federal Government to take legislative action to curtail the availability and effectiveness of the ``gay panic'' and ``trans panic'' defenses, which seek to partially or completely excuse crimes such as murder and assault on the grounds that the sexual orientation or gender identity of the victim is provocation enough for the violent reaction of the defendant; (2) gay and trans panic legal defenses, which continue to be raised in criminal proceedings in Federal courts across the United States, are surprisingly long-lived historical artifacts, remnants of a time when widespread public antipathy was the norm for lesbian, gay, bisexual, transgender, and queer (referred to in this Act as ``LGBTQ'') individuals; (3) gay and trans panic defenses characterize sexual orientation and gender identity as objectively reasonable excuses for loss of self-control, and thereby illegitimately mitigate the responsibility of a perpetrator for harm done to LGBTQ individuals; (4) gay and trans panic defenses appeal to irrational fears and hatred of LGBTQ individuals, thereby undermining the legitimacy of Federal criminal prosecutions and resulting in unjustifiable acquittals or sentencing reductions; (5) the use of gay and trans panic defenses is entirely incompatible with the express intent of Federal law to provide increased protection to victims of bias-motivated crimes, including crimes committed against LGBTQ individuals; (6) continued use of these anachronistic defenses reinforces and institutionalizes prejudice at the expense of norms of self-control, tolerance, and compassion, which the law should encourage, and marks an egregious lapse in the march of the United States toward a more just criminal justice system; and (7) to end the antiquated notion that LGBTQ lives are worth less than others and to reflect modern understanding of LGBTQ individuals as equal citizens under law, gay and trans panic defenses must end. SEC. 3. PROHIBITION ON GAY AND TRANS PANIC DEFENSES. (a) In General.--Chapter 1 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 28. Prohibition on gay and trans panic defenses ``(a) Prohibition.--No nonviolent sexual advance or perception or belief, even if inaccurate, of the gender, gender identity or expression, or sexual orientation of an individual may be used to excuse or justify the conduct of an individual or mitigate the severity of an offense. ``(b) Past Trauma.--Notwithstanding the prohibition in subsection (a), a court may admit evidence, in accordance with the Federal Rules of Evidence, of prior trauma to the defendant for the purpose of excusing or justifying the conduct of the defendant or mitigating the severity of an offense.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 1 of title 18, United States Code, is amended by adding at the end the following: ``28. Prohibition on gay and trans panic defenses.''. (c) Report.--The Attorney General shall submit to Congress an annual report that details prosecutions in Federal court involving capital and noncapital crimes committed against LGBTQ individuals that were motivated by the victim's gender, gender identity or expression, or sexual orientation. <all>

Gay and Trans Panic Defense Prohibition Act of 2021

A bill to amend title 18, United States Code, to prohibit gay and trans panic defenses.

Gay and Trans Panic Defense Prohibition Act of 2021

Sen. Markey, Edward J.

D

MA

H.R.823

Congress

No Vote, No Raise Act This bill eliminates automatic pay adjustments for Members of Congress.

To eliminate automatic pay adjustments for Members of Congress, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``No Vote, No Raise Act''. SEC. 2. ELIMINATION OF AUTOMATIC PAY ADJUSTMENTS FOR MEMBERS OF CONGRESS. (a) In General.--Paragraph (2) of section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501(2)) is repealed. (b) Conforming Amendments.--Section 601(a)(1) of such Act (2 U.S.C. 4501) is amended-- (1) by striking ``(a)(1)'' and inserting ``(a)''; (2) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively; and (3) by striking ``, as adjusted by paragraph (2) of this subsection''. SEC. 3. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on December 31, 2022. <all>

No Vote, No Raise Act

To eliminate automatic pay adjustments for Members of Congress, and for other purposes.

No Vote, No Raise Act

Rep. Latta, Robert E.

R

OH

H.R.3509

Commerce

Safe Gun Storage Act of 2021This bill requires safety standards for firearm locks and safes. Under such standards, firearm locks must be reasonably designed to (1) prevent the firearm from discharging while the lock is activated, and (2) prevent unauthorized access to the firearm. Further, firearm safes must be reasonably designed to (1) secure firearms, and (2) prevent unauthorized access to the safe through physical manipulation or damage.

To amend the Consumer Product Safety Act to direct the Consumer Product Safety Commission to establish consumer product safety standards for firearm locks and firearm safes, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Gun Storage Act of 2021''. SEC. 2. CONSUMER PRODUCT SAFETY STANDARDS FOR FIREARM LOCKS AND FIREARM SAFES. (a) In General.--The Consumer Product Safety Act (15 U.S.C. 2051 et seq.) is amended by adding at the end the following: ``SEC. 43. CONSUMER PRODUCT SAFETY STANDARDS FOR FIREARM LOCKS AND FIREARM SAFES. ``(a) Establishment of Standards.-- ``(1) Rulemaking required.-- ``(A) Rulemaking proceeding.--Notwithstanding section 3(a)(5)(E), the Commission shall initiate a rulemaking proceeding under section 553 of title 5, United States Code, within 90 days after the date of the enactment of this section to establish-- ``(i) a consumer product safety standard for firearm locks; and ``(ii) a consumer product safety standard for firearm safes. ``(B) Final rule.--Notwithstanding any other provision of law, including chapter 5 of title 5, United States Code, the Commission shall promulgate final consumer product safety standards under this paragraph within 12 months after the date on which the Commission initiates the rulemaking proceeding under subparagraph (A). ``(C) Effective date.--Each final consumer product safety standard promulgated under this paragraph shall take effect 6 months after the date on which such standard is promulgated. ``(2) Requirements for firearm lock standard.--The standard for firearm locks promulgated under paragraph (1) shall require firearm locks that-- ``(A) are sufficiently difficult for an unauthorized user to de-activate or remove; and ``(B) prevent the discharge of the firearm unless the firearm lock has been de-activated or removed. ``(3) Requirements for firearm safe standard.--The standard for firearm safes promulgated under paragraph (1) shall require firearm safes that reliably secure firearms from unauthorized users, and include reliable security features, quality, and construction to reliably prevent unauthorized users from gaining access to a firearm by damaging or physically manipulating the safe. ``(b) Certain Provisions Not To Apply.-- ``(1) Provisions of this act.--Sections 7 and 9 of this Act do not apply to the rulemaking proceeding under paragraph (1) of subsection (a). ``(2) Chapter 5 of title 5.--Except for section 553, chapter 5 of title 5, United States Code, does not apply to this section. ``(3) Chapter 6 of title 5.--Chapter 6 of title 5, United States Code, does not apply to this section. ``(4) National environmental policy act.--The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) does not apply to this section. ``(c) No Effect on State Law.--Notwithstanding section 26 of this Act, this section does not annul, alter, impair, affect, or exempt any person subject to a consumer product safety standard promulgated under subsection (a)(1) from complying with any provision of the law of any State or any political subdivision thereof, except to the extent that such provision is inconsistent with any such standard, and then only to the extent of the inconsistency. A provision of the law of a State or a political subdivision thereof is not inconsistent with a consumer product safety standard promulgated under subsection (a)(1) if such provision affords greater protection to individuals with respect to firearms than is afforded by such standard. ``(d) Enforcement.--Notwithstanding subsection (b)(1), the consumer product safety standards promulgated by the Commission under subsection (a)(1) shall be enforced under this Act as if such standards were consumer product safety standards described in section 7(a). ``(e) Definitions.--In this section: ``(1) Firearm.--The term `firearm' has the meaning given the term in section 921(a) of title 18, United States Code. ``(2) Firearm lock.--The term `firearm lock' means any disabling or locking device that is not built into the firearm at the time of manufacture and that is designed to prevent the firearm from being discharged unless the device has been deactivated or removed. ``(3) Firearm safe.--The term `firearm safe' means a container that is advertised to be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means.''. (b) Conforming Amendment.--Section 1 of the Consumer Product Safety Act is amended by adding at the end of the table of contents the following: ``Sec. 43. Consumer product safety standards for firearm locks and firearm safes.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Consumer Product Safety Commission $2,000,000 to carry out the provisions of section 43 of the Consumer Product Safety Act, as added by section 2, such sums to remain available until expended. <all>

Safe Gun Storage Act of 2021

To amend the Consumer Product Safety Act to direct the Consumer Product Safety Commission to establish consumer product safety standards for firearm locks and firearm safes, and for other purposes.

Safe Gun Storage Act of 2021

Rep. Jayapal, Pramila

D

WA

H.R.1804

Environmental Protection

Community Cleanup Act This bill expands existing notice and publication requirements related to remedial action plans for Superfund sites (sites contaminated with hazardous substances). Specifically, the bill requires the notice and analysis of a proposed plan to be transmitted to the highest ranking official of the local government with jurisdiction over the facility subject to the plan. During the public comment period, written and oral comments may be submitted regarding the use of the facility at issue after the remedial action is taken. Notice of the final remedial action plan must be transmitted to the local government officials with jurisdiction over the facility at issue. Finally, the bill expands the minimum publication requirements for proposed and final plans to include (1) an announcement via a radio or television station in the broadcast area surrounding the facility at issue, (2) digital or social media publications, and (3) a posting to the website of the person proposing to adopt a plan for remediation (e.g., the state or Environmental Protection Agency website).

To amend the public participation requirements of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Cleanup Act''. SEC. 2. PUBLIC PARTICIPATION. (a) Proposed Plan.--Section 117(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9617(a)) is amended-- (1) in paragraph (1), by striking ``.'' at the end and inserting ``, including the highest ranking official of the local government with jurisdiction over the facility subject to the plan.''; and (2) in paragraph (2), by inserting ``(including comments regarding use of the facility at issue after remedial action is taken)'' after ``written and oral comments''. (b) Final Plan.--Section 117(b) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9617(b)) is amended by inserting ``, and transmitted to all local, elected officials with jurisdiction over the facility subject to the plan,'' after ``available to the public''. (c) Publication.--Section 117(d) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9617(d)) is amended-- (1) by inserting ``and require'' after ``publication shall include''; and (2) by striking ``general circulation.'' and inserting ``general circulation (if available), announcement sent to a radio station, or television station, the broadcast area of which includes the community surrounding the facility at issue, relevant and appropriate digital or social media publications, and posting to the website of the President, State, or other person who, as appropriate, is proposing to adopt a plan for remediation under section 104, 106, 120, or 122.''. <all>

Community Cleanup Act

To amend the public participation requirements of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, and for other purposes.

Community Cleanup Act

Rep. Carter, Earl L. "Buddy"

R

GA

S.4246

Transportation and Public Works

Advanced Aviation Infrastructure Modernization Act or the AAIM Act This bill establishes a pilot grant program to support advanced air mobility (AAM) infrastructure. AAM infrastructure refers to an air transportation system that transports individuals and property between points in the United States in both controlled and uncontrolled airspace using certain aircraft, including remotely piloted, autonomous, or vertical take-off and landing aircraft. The Department of Transportation (DOT) must award planning grants for AAM infrastructure to (1) state, local, or tribal governments; (2) airport sponsors; (3) transit agencies; (4) port authorities; (5) metropolitan planning organizations; or (6) consortia of such entities. Entities that receive these grants must develop a comprehensive plan for AAM infrastructure, including vertiports (sites that support the landing, takeoff, loading, and other operations of vertical take-off and landing aircraft). Topics covered in the plan must address matters such as identifying locations for AAM infrastructure and available sources of funding. DOT must brief Congress about the plans it receives. The briefing must include an evaluation of the planned or proposed locations for vertiports and a description of best practices or lessons learned through the review of comprehensive plans. Grants may not be awarded after September 30, 2023. The Government Accountability Office must conduct a study on the interests, roles, and responsibilities of federal, state, local, and tribal government affected by AAM aircraft and operations.

To direct the Secretary of Transportation to establish a pilot program to provide grants related to advanced air mobility infrastructure, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Advanced Aviation Infrastructure Modernization Act'' or the ``AAIM Act''. SEC. 2. ADVANCED AIR MOBILITY INFRASTRUCTURE PILOT PROGRAM. (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a pilot program to provide grants that assist an eligible entity to plan for the development and deployment of infrastructure necessary to facilitate AAM operations, locally and regionally, within the United States. (b) Planning Grants.-- (1) In general.--The Secretary shall provide grants to eligible entities to develop comprehensive plans under paragraph (2) related to AAM infrastructure. (2) Comprehensive plan.-- (A) In general.--Not later than 1 year after receiving a grant under this subsection, an eligible entity shall submit to the Secretary a comprehensive plan, including the development of potential public use and private vertiport infrastructure, in a format capable of being published on the website of the Department of Transportation. (B) Plan contents.--The Secretary shall establish content requirements for comprehensive plans submitted under this subsection, which shall include not less than 1 of the following as many of the following: (i) The identification of planned or potential public use and private vertiport locations. (ii) A description of infrastructure necessary to support AAM operations. (iii) A description of types of planned or potential AAM operations and forecast for proposed vertiport operations, including estimates for initial operations and future growth. (iv) The identification of physical and digital infrastructure required to meet any standards for vertiport design and performance characteristics established by the Federal Aviation Administration (as in effect on the date on which the Secretary issues a grant to an eligible entity), including modifications to existing infrastructure and ground sensors, electric charging or other fueling requirements, electric utility requirements, wireless and cybersecurity requirements, fire safety, perimeter security, and other necessary hardware or software. (v) A description of any hazard associated with planned vertiport infrastructure, such as handling of hazardous materials, batteries, or other fuel cells, charging or fueling of aircraft, aircraft rescue and firefighting response, and emergency planning. (vi) A description of potential environmental effects of planned or potential construction or siting of vertiports. (vii) A description of how planned or potential vertiport locations, including new or repurposed infrastructure, fit into State and local transportation systems and networks, including-- (I) connectivity to existing public transportation hubs and intermodal and multimodal facilities; (II) opportunities to create new service to rural areas and areas underserved by air transportation; or (III) opportunities to utilize existing aviation infrastructure, such as airports and heliports, for AAM operations.; or (IV) any potential conflict with existing aviation infrastructure that may arise from the potential location of the vertiport. (viii) A description of how vertiport planning will be incorporated in State or metropolitan planning documents. <DELETED> (ix) The identification of the process an eligible entity will undertake to ensure an adequate level of engagement with any potentially impacted community for each planned vertiport location and planned or anticipated AAM operations, such as engagement with communities in rural areas, underserved communities, individuals with disabilities, or racial and ethnic minorities.</DELETED> (ix) The identification of the process an eligible entity will undertake to ensure an adequate level of engagement with any potentially impacted community for each planned or potential vertiport location and planned or anticipated AAM operations, such as engagement with communities in rural areas, underserved communities, Tribal communities, individuals with disabilities, or racial and ethnic minorities. (x) The identification of the actions necessary for an eligible entity to undertake the construction of a vertiport, such as planning studies to assess existing infrastructure or newly identified areas of AAM integration, environmental studies, studies of projected economic benefit to the community, lease or acquisition of an easement or land for new infrastructure, and activities related to other capital costs. (xi) The identification of State, local, or private sources of funding an eligible entity may use to assist with the construction or operation of a vertiport. (xii) The identification of existing Federal aeronautical and airspace requirements that must be met for the eligible entity's planned vertiport location. (xiii) A description of how the eligible entity will include opportunities for small business concerns owned and controlled by socially and economically disadvantaged individuals to compete, on an equal basis, for contracts or subcontracts related to the design, development, construction, or operation of a proposed vertiport. (3) Application.--To apply for a grant under this subsection, an eligible entity shall provide to the Secretary an application in such form, at such time, and containing such information as the Secretary may require. (4) Selection.-- (A) In general.--In awarding grants under this subsection, the Secretary shall consider the following: (i) Geographic diversity. (ii) Diversity of the proposed models of infrastructure financing and management. (iii) Diversity of anticipated or planned AAM operations. (iv) The need for comprehensive plans that-- (I) facilitate ensure the safe and efficient integration of AAM operations into the National Airspace System; (II) improve transportation safety, connectivity, and access in both rural and urban regions in the United States; (III) leverage existing public transportation systems and intermodal and multimodal facilities or newly identified areas of AAM integration; (IV) reduce surface congestion and the environmental impacts of transportation; (V) grow the economy and create jobs in the United States; and (VI) encourage community engagement when planning for AAM-related infrastructure. (B) Priority.--The Secretary shall prioritize awarding grants under this subsection to eligible entities that partner to applications that capture as many items in paragraph (2)(B) as possible and to eligible entities that collaborate with commercial AAM entities, institutions of higher education, research institutions, or other relevant stakeholders to develop and prepare a comprehensive plan. (C) Minimum allocation to rural areas.--The Secretary shall ensure that not less than 20 percent of the amounts made available under subsection (c) are used to award grants to eligible entities that submit a comprehensive plan under paragraph (2) that is related to infrastructure located in a rural area. (5) Grant amount.--Each grant made under this subsection shall be made in an amount that is not more than $1,000,000. (6) Briefing.-- (A) In general.--Not later than 180 days after the first comprehensive plan is submitted under paragraph (2), and every 180 days thereafter through September 30, 2024 September 30, 2025, the Secretary shall provide a briefing to the appropriate committees of Congress on the comprehensive plans on each of the comprehensive plans submitted to the Secretary under such paragraph. (B) Contents.--The briefing required under subparagraph (A) shall include-- (i) an evaluation of all planned or proposed planned or potential vertiport locations included in the comprehensive plans submitted under paragraph (2) and how such planned or proposed planned or potential vertiport locations may fit into the overall United States transportation system and network; and (ii) a description of lessons or best practices learned through the review of comprehensive plans and how the Secretary will incorporate any such lessons or best practices into Federal standards or guidance for the design and operation of AAM infrastructure and facilities. (c) Authorization of Appropriations.-- (1) Authorization.--There are authorized to be appropriated to the Secretary to carry out this section $12,500,000 for each of fiscal years 2022 and 2023 fiscal years 2023 and 2024, to remain available until expended. (2) Administrative expenses.--Of the amounts made available under paragraph (1), the Secretary may retain up to 1 percent for personnel, contracting, and other costs to establish and administer the pilot program under this section. (d) Termination.-- (1) In general.--No grant may be awarded under this section after September 30, 2023 September 30, 2024. (2) Continued funding.--Funds authorized to be appropriated pursuant to subsection (c) may be expended after September 30, 2023 September 30, 2024-- (A) for grants awarded prior to September 30, 2023 September 30, 2024; and (B) for administrative expenses. (e) Definitions.--In this Act: (1) Advanced air mobility; aam.--The terms ``advanced air mobility'' and ``AAM'' mean a transportation system that transports individuals or property between points in the United States using aircraft with innovative capabilities, including aircraft that use 2 or more lift or thrust units to generate powered lift and control during vertical takeoff or landing, that may be piloted, remotely piloted, or autonomous, including those powered by electric or hybrid driven propulsion alternative propulsion, in both controlled and uncontrolled airspace. (2) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (3) Commercial aam entities.--The term ``commercial AAM entities'' means-- (A) manufacturers of aircraft, avionics, propulsion systems, and air traffic management systems related to AAM; (B) intended commercial operators of AAM aircraft and systems; and (C) intended commercial operators and developers of vertiports. (4) Eligible entity.--The term ``eligible entity'' means-- (A) a State, local, or Tribal government, including a political subdivision thereof; (B) an airport sponsor; (C) a transit agency; (D) a port authority; (E) a metropolitan planning organization; or (F) any combination or consortium of the entities described in subparagraphs (A) through (E). (5) Metropolitan planning organization.--The term ``metropolitan planning organization'' has the meaning given such term in section 5303(b) of title 49, United States Code. (6) Rural area.--The term ``rural area'' means an area located outside a metropolitan statistical area (as designated by the Office of Management and Budget). (7) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (8) State.--The term ``State'' means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, the Northern Mariana Islands, and Guam. (9) Vertiport.--The term ``vertiport'' means a designated location used or intended to be used to support AAM operations, including the landing, takeoff, loading, taxiing, parking, and storage of aircraft developed for AAM operations. SEC. 3. GAO STUDY AND REPORT. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall-- (1) conduct a study on the interests, roles, and responsibilities of Federal, State, local, and Tribal governments affected by AAM aircraft and operations; and (2) submit to the appropriate committees of Congress a report on the study, including the Comptroller General's findings and conclusions. (b) Requirements.--In conducting the study required under subsection (a), the Comptroller General shall review the following: (1) The state of the law as of the enactment of this Act with respect to Federal authority over operations of AAM aircraft systems in the national airspace system. (2) The state of the law as of the enactment of this Act with respect to State, local, and Tribal authority over operations of AAM aircraft in the national airspace system. (3) Potential gaps between authorities under paragraphs (1) and (2). (4) Proposals to facilitate the safe and financially viable growth and development of the AAM industry and integration of AAM aircraft into the national airspace system. Calendar No. 646 117th CONGRESS 2d Session S. 4246 _______________________________________________________________________

AAIM Act

A bill to direct the Secretary of Transportation to establish a pilot program to provide grants related to advance air mobility infrastructure, and for other purposes.

AAIM Act Advanced Aviation Infrastructure Modernization Act AAIM Act Advanced Aviation Infrastructure Modernization Act

Sen. Padilla, Alex

D

CA

H.R.5401

Energy

Nuclear Waste Task Force Act of 2021 This bill directs the Environmental Protection Agency to establish a task force that must evaluate the implications of amending the Atomic Energy Act of 1954 to remove exemptions from environmental laws for spent nuclear waste and high-level radioactive waste in order to enable consent-based siting of disposal and storage solutions for such waste. The task force must provide a clear explanation of what constitutes consent-based siting. In addition, the task force may provide participation grants to help environmental justice communities on issues relating to the storage and disposal of such waste.

To establish a task force on the implications of amending the Atomic Energy Act of 1954 to remove exemptions from environmental laws for spent nuclear fuel and high-level radioactive waste to allow for consent-based siting of geologic repositories. Be it enacted by the Senate 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 Waste Task Force Act of 2021''. SEC. 2. TASK FORCE. (a) Definitions.--In this section: (1) Environmental justice community.--The term ``environmental justice community'' means a community with a 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. (2) EPA representative.--The term ``EPA representative'' means the member of the Task Force appointed under subsection (c)(2)(B)(i). (3) 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). (4) Indian tribe.--The term ``Indian Tribe'' means an Indian tribe included on the list published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). (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). (6) Task force.--The term ``Task Force'' means the task force established under subsection (b). (b) Establishment.--The Administrator of the Environmental Protection Agency shall establish a task force, to be known as ``Task Force on the Implications of Amending the Atomic Energy Act of 1954 to Remove Exemptions from Environmental Laws for Spent Nuclear Fuel And High-Level Radioactive Waste to Allow for Consent-Based Siting of Geologic Repositories''-- (1) to continue the work of the 2012 Blue Ribbon Commission on America's Nuclear Future, which found that consent was necessary to successfully arrive at permanent disposal sites for nuclear waste; and (2) to analyze the implications of amending the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) to remove exemptions from environmental laws for spent nuclear fuel from commercial reactors and high-level radioactive waste from defense and commercial origins in order to create a consent- driven pathway to addressing the disposal challenges of commercial and defense nuclear waste. (c) Membership.-- (1) In general.--The Task Force shall include a balanced representation of-- (A) Federal, State, Tribal, and local government agencies; (B) nongovernmental organizations; (C) unions; and (D) the private sector. (2) Members.-- (A) In general.--The Task Force shall be composed of not more than 30 members who represent entities that-- (i) are currently affected by the storage, treatment, or management of commercial or defense nuclear waste; or (ii) have cognizable and well-understood interests in the objectives of the Task Force. (B) Federal members.--Not more than 5 members of the Task Force shall be representatives of the Federal Government, of whom-- (i) 1 shall be appointed by the Administrator of the Environmental Protection Agency to represent the Environmental Protection Agency; (ii) 1 shall be appointed by the Secretary of Energy to represent the Department of Energy; (iii) 1 shall be appointed by the Nuclear Regulatory Commission to represent the Nuclear Regulatory Commission; (iv) 1 shall be appointed by the Director of the White House Office of Science and Technology Policy to represent the White House Office of Science and Technology Policy; and (v) 1 shall be appointed by the Secretary of Transportation to represent the Department of Transportation. (C) Non-federal members.-- (i) In general.--Except as provided in clause (ii), the EPA representative shall appoint the non-Federal members of the Task Force. (ii) State government representatives.-- (I) In general.--The EPA representative shall select not fewer than 7 States, representing a geographical balance from across the United States, the governments of which shall be represented on the Task Force. (II) Appointment.--The Governor of a State selected under subclause (I), or an appropriate agency of the State, such as a State department of ecology or State environment department, if the Governor determines it to be appropriate, shall appoint the representative of the State government who shall serve on the Task Force. (iii) Other non-federal members.-- (I) Geographic and historical balance.--In selecting the non-Federal members of the Task Force, the EPA representative shall ensure-- (aa) a geographical balance among the non-Federal members from across the United States; and (bb) a balance of historical concerns with respect to nuclear waste. (II) Interests.--In selecting the non-Federal members of the Task Force, the EPA representative shall ensure that not fewer than 18 members are selected from among representatives of-- (aa) Indian Tribes; (bb) national environmental interest groups; (cc) regional environmental justice groups; (dd) industry; (ee) labor organizations; (ff) professional societies; and (gg) safety- and health- related organizations. (D) Selection of chair.--The non-Federal members of the Task Force appointed under subparagraph (C) shall select the Chair of the Task Force from among the non- Federal members. (3) Compensation; expenses.-- (A) Compensation.--A member of the Task Force shall serve without compensation. (B) Expenses.--A member of the Task Force shall receive reimbursement from the Administrator of the Environmental Protection Agency at the applicable Federal per diem rate for all out-of-pocket expenses incurred in carrying out the duties of the Task Force. (d) Grants.--Subject to the approval of the Federal members of the Task Force appointed under subsection (c)(2)(B), the Chair of the Task Force may provide participation grants to task force members from underresourced communities, environmental justice communities, or nonprofit organizations that are located in environmental justice communities and represent and work on behalf of environmental justice communities with respect to issues relating to the storage and disposal of spent nuclear fuel and high-level radioactive waste. (e) Duties.-- (1) Report.--Not later than 1 year after the date of enactment of this Act, the Task Force shall submit to Congress and the President a report, in unclassified form, that-- (A)(i) provides a clear explanation of what constitutes ``consent-based siting''; and (ii) includes recommendations on how consent-based siting could be practically implemented; (B) describes and evaluates, taking into consideration the consent-based siting recommendations of the 2012 Blue Ribbon Commission for America's Nuclear Future-- (i) the implications of amending the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) to remove exemptions from environmental laws, such as the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) (commonly known as the ``Resource Conservation and Recovery Act of 1976''), for spent nuclear fuel and high-level radioactive waste, while maintaining Federal minimum standards; (ii) the likely allocations of precise regulatory responsibilities under any amendment to the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) described and evaluated under clause (i); and (iii) the timeframe necessary for developing regulations in accordance with clause (ii) and subparagraph (C); and (C) includes recommendations for appropriate legislative and regulatory changes based on the matters described and evaluated under subparagraph (B). (2) Notice and comment.-- (A) In general.--In preparing the report under paragraph (1), the Task Force shall provide public notice and an opportunity for comment on the matters described in paragraph (1). (B) Requirement.--To ensure sufficient opportunity for timely public input on the matters described in paragraph (1), the Task Force shall provide not fewer than 3 opportunities for public comment under subparagraph (A), including-- (i) 1 opportunity on the East Coast; (ii) 1 opportunity on the West Coast; and (iii) 1 opportunity in the middle region of the United States. <all>

Nuclear Waste Task Force Act of 2021

To establish a task force on the implications of amending the Atomic Energy Act of 1954 to remove exemptions from environmental laws for spent nuclear fuel and high-level radioactive waste to allow for consent-based siting of geologic repositories.

Nuclear Waste Task Force Act of 2021

Rep. Levin, Mike

D

CA

S.4870

Native Americans

Tule River Tribe Reserved Water Rights Settlement Act of 2022 This bill authorizes, ratifies, and confirms a specified water rights settlement agreement entered into by the Tule River Indian Tribe of the Tule River Reservation, the South Tule Independent Ditch Company, and the Tule River Association, thus satisfying claims to water rights in California. Additionally, the bill establishes and provides funding for a settlement trust fund.

To approve the settlement of the water right claims of the Tule River Tribe, and for other 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 ``Tule River Tribe Reserved Water Rights Settlement Act of 2022''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Definitions. Sec. 4. Ratification of 2007 Agreement. Sec. 5. Tribal Water Right. Sec. 6. Tule River Tribe trust accounts. Sec. 7. Funding. Sec. 8. Transfer of land into trust. Sec. 9. Satisfaction of claims. Sec. 10. Waivers and releases of claims. Sec. 11. Enforceability Date. Sec. 12. Binding effect; judicial approval; enforceability. Sec. 13. Miscellaneous provisions. Sec. 14. Antideficiency. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to achieve a fair, equitable, and final settlement of claims to water rights in the State of California for-- (A) the Tule River Tribe; and (B) the United States, acting as trustee for the Tribe; (2) to authorize, ratify, and confirm the 2007 Agreement entered by the Tribe, the South Tule Independent Ditch Company, and the Tule River Association, to the extent that the 2007 Agreement is consistent with this Act; (3) to authorize and direct the Secretary-- (A) to execute the 2007 Agreement; and (B) to take any other actions necessary to carry out the 2007 Agreement in accordance with this Act; (4) to authorize funds necessary for the implementation of the 2007 Agreement and this Act; and (5) to authorize the transfer of certain lands to the Tribe, to be held in trust. SEC. 3. DEFINITIONS. In this Act: (1) 2007 agreement.--The term ``2007 Agreement'' means-- (A) the agreement dated November 21, 2007, as amended on April 22, 2009, between the Tribe, the South Tule Independent Ditch Company, and the Tule River Association, and exhibits A-F attached thereto; and (B) any amendment to the Agreement referred to in subparagraph (A) (including an amendment to any exhibit) that is executed to ensure that the 2007 Agreement is consistent with this Act. (2) Court.--The term ``Court'' means the United States District Court for the Eastern District of California, unless otherwise specified herein. (3) Divert; diversion.--The terms ``divert'' and ``diversion'' mean to remove water from its natural course or location by means of a ditch, canal, flume, bypass, pipeline, conduit, well, pump, or other structure or device, or act of a person. (4) Downstream water users.--The term ``Downstream Water Users'' means-- (A) the Tule River Association and its successors and assigns; (B) the South Tule Independent Ditch Company and its successors and assigns; and (C) any and all other holders of water rights in the South Fork Tule River Basin. (5) Enforceability date.--The term ``Enforceability Date'' means the date described in section 11. (6) OM&R.-- (A) In general.--The term ``OM&R'' means operation, maintenance, and replacement. (B) Inclusions.--The term ``OM&R'' includes-- (i) any recurring or ongoing activity relating to the day-to-day operation of a project; (ii) any activity relating to scheduled or unscheduled maintenance of a project; and (iii) any activity relating to repairing or replacing a feature of a project. (7) Reservation; tule river reservation.--The terms ``Reservation'' and ``Tule River Reservation'' mean the reservation of lands set aside for the Tribe by the Executive Orders of January 9, 1873, October 3, 1873, and August 3, 1878, including lands added to the Reservation pursuant to section 8. (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (9) South tule independent ditch company.--The term ``South Tule Independent Ditch Company'' means the nonprofit mutual water company incorporated in 1895, which provides water diverted from the South Fork of the Tule River to its shareholders on lands downstream from the Tule River Reservation. (10) Tribal water right.--The term ``Tribal Water Right'' means the water rights ratified, confirmed, and declared to be valid for the benefit of the Tribe as set forth and described in the 2007 Agreement and this Act. (11) Tribe.--The term ``Tribe'' means the Tule River Indian Tribe of the Tule River Reservation, California, a federally recognized Indian Tribe. (12) Trust fund.--The term ``Trust Fund'' means the Tule River Indian Tribe Settlement Trust Fund established under section 6(a). (13) Tule river association.-- (A) In general.--The term ``Tule River Association'' means the association formed by agreement in 1965, the members of which are representatives of all pre-1914 appropriative and certain riparian water right holders of the Tule River at and below the Richard L. Schafer Dam and Reservoir. (B) Inclusions.--The term ``Tule River Association'' includes the Pioneer Water Company, the Vandalia Irrigation District, the Porterville Irrigation District, and the Lower Tule River Irrigation District. (14) Water development project.--The term ``Water Development Project'' means a project for domestic, commercial, municipal, and industrial water supply, including but not limited to water treatment, storage, and distribution infrastructure, to be constructed, in whole or in part, using monies from the Trust Fund. SEC. 4. RATIFICATION OF 2007 AGREEMENT. (a) Ratification.-- (1) In general.--Except as modified by this Act and to the extent that the 2007 Agreement does not conflict with this Act, the 2007 Agreement is authorized, ratified, and confirmed. (2) Amendments.--If an amendment to the 2007 Agreement, or to any exhibit attached to the 2007 Agreement requiring the signature of the Secretary, is executed in accordance with this Act to make the 2007 Agreement consistent with this Act, the amendment is authorized, ratified, and confirmed. (b) Execution.-- (1) In general.--To the extent the 2007 Agreement does not conflict with this Act, the Secretary shall execute the 2007 Agreement, including all exhibits to, or parts of, the 2007 Agreement requiring the signature of the Secretary. (2) Modifications.--Nothing in this Act prohibits the Secretary, after execution of the 2007 Agreement, from approving any modification to the 2007 Agreement, including any exhibit to the 2007 Agreement, that is consistent with this Act, to the extent that the modification does not otherwise require congressional approval under section 2116 of the Revised Statutes (25 U.S.C. 177) or any other applicable provision of Federal law. (c) Environmental Compliance.-- (1) In general.--In implementing the 2007 Agreement and this Act, the Secretary shall comply with all applicable provisions of-- (A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (B) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including the implementing regulations of that Act; and (C) other applicable Federal environmental laws and regulations. (2) Compliance.-- (A) In general.--In implementing the 2007 Agreement and this Act, the Tribe shall prepare any necessary environmental documents, consistent with all applicable provisions of-- (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. 4231 et seq.), including the implementing regulations of that Act; and (iii) all other applicable Federal environmental laws and regulations. (B) Authorizations.--The Secretary shall-- (i) independently evaluate the documentation submitted under subparagraph (A); and (ii) be responsible for the accuracy, scope, and contents of that documentation. (3) Effect of execution.--The execution of the 2007 Agreement by the Secretary under this section shall not constitute a major Federal action for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (4) Costs.--Any costs associated with the performance of the compliance activities under this subsection shall be paid from funds deposited in the Trust Fund, subject to the condition that any costs associated with the performance of Federal approval or other review of such compliance work or costs associated with inherently Federal functions shall remain the responsibility of the Secretary. SEC. 5. TRIBAL WATER RIGHT. (a) Confirmation of Tribal Water Right.-- (1) In general.--The Tribal Water Right is ratified, confirmed, and declared valid. (2) Quantification.--The Tribal Water Right includes the right to divert and use or permit the diversion and use of up to 5,828 acre-feet per year of surface water from the South Fork Tule River, as described in the 2007 Agreement and as confirmed in the decree entered by the Court pursuant to subsections (b) and (c) of section 12. (3) Use.--Any diversion, use, and place of use of the Tribal Water Right shall be subject to the terms and conditions of the 2007 Agreement and this Act. (b) Trust Status of Tribal Water Right.--The Tribal Water Right-- (1) shall be held in trust by the United States for the use and benefit of the Tribe in accordance with this Act; and (2) shall not be subject to loss through non-use, forfeiture, abandonment, or other operation of law. (c) Authority of the Tule River Tribe.-- (1) In general.--The Tule River Tribe shall have the authority to allocate and distribute the Tribal Water Right for use on the Reservation in accordance with the 2007 Agreement, this Act, and applicable Federal law. (d) Administration.-- (1) No alienation.--The Tribe shall not permanently alienate any portion of the Tribal Water Right. (2) Purchases or grants of land from indians.--An authorization provided by this Act for the allocation, distribution, leasing, or other arrangement entered into pursuant to this Act shall be considered to satisfy any requirement for authorization of the action by treaty or convention imposed by section 2116 of the Revised Statutes (25 U.S.C. 177). (3) Prohibition on forfeiture.--The non-use of all or any portion of the Tribal Water Right by any water user shall not result in the forfeiture, abandonment, relinquishment, or other loss of all or any portion of the Tribal Water Right. SEC. 6. TULE RIVER TRIBE TRUST ACCOUNTS. (a) Establishment.--The Secretary shall establish a trust fund, to be known as the ``Tule River Indian Tribe Settlement Trust Fund'', to be managed, invested, and distributed by the Secretary and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury, consisting of the amounts deposited in the Trust Fund under subsection (c), together with any interest earned on those amounts, for the purpose of carrying out this Act. (b) Accounts.--The Secretary shall establish in the Trust Fund the following Accounts: (1) The Tule River Tribe Water Development Projects Account. (2) The Tule River Tribe OM&R Account. (c) Deposits.--The Secretary shall deposit-- (1) in the Tule River Tribe Water Development Projects Account established under subsection (b)(1), the amounts made available pursuant to section 7(a)(1); and (2) in the Tule River Tribe OM&R Account established under subsection (b)(2), the amounts made available pursuant to section 7(a)(2). (d) Management and Interest.-- (1) Management.--On receipt and deposit of funds into the accounts in the Trust Fund pursuant to subsection (c), the Secretary shall manage, invest, and distribute all amounts in the Trust Fund in accordance with the investment authority of the Secretary under-- (A) the first section of the Act of June 24, 1938 (52 Stat. 1037, chapter 648; 25 U.S.C. 162a); (B) the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.); and (C) this section. (2) Investment earnings.--In addition to the deposits under subsection (c), any investment earnings, including interest, credited to amounts held in the Trust Fund are authorized to be used in accordance with subsections (e) and (h). (e) Availability of Amounts.--Amounts appropriated to, and deposited in, the Trust Fund, including any investment earnings, including interest, shall be made available to the Tribe by the Secretary beginning on the Enforceability Date and subject to the requirements set forth in this section. (f) Withdrawals.-- (1) Withdrawals under the american indian trust fund management reform act of 1994.-- (A) In general.--The Tribe may withdraw any portion of the amounts in the Trust Fund on approval by the Secretary of a Tribal management plan submitted by the Tribe in accordance with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.). (B) Requirements.--In addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal management plan under this paragraph shall require that the Tribe shall spend all amounts withdrawn from the Trust Fund, and any investment earnings accrued through the investments under the Tribal management plan, in accordance with this Act. (C) Enforcement.--The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce the Tribal management plan under this paragraph to ensure that amounts withdrawn by the Tribe from the Trust Fund under this paragraph are used in accordance with this Act. (2) Withdrawals under expenditure plan.-- (A) In general.--The Tribe may submit to the Secretary a request to withdraw amounts from the Trust Fund pursuant to an approved expenditure plan. (B) Requirements.--To be eligible to withdraw amounts under an expenditure plan under this paragraph, the Tribe shall submit to the Secretary an expenditure plan for any portion of the Trust Fund that the Tribe elects to withdraw pursuant to this subparagraph, subject to the condition that the amounts shall be used for the purposes described in this Act. (C) Inclusions.--An expenditure plan under this paragraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the Trust Fund will be used by the Tribe in accordance with subsections (e) and (h). (D) Approval.--The Secretary shall approve an expenditure plan submitted under this paragraph if the Secretary determines that the plan-- (i) is reasonable; and (ii) is consistent with, and will be used for, the purposes of this Act. (E) Enforcement.--The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce an expenditure plan to ensure that amounts disbursed under this paragraph are used in accordance with this Act. (g) Effect of Section.--Nothing in this section gives the Tribe the right to judicial review of a determination of the Secretary relating to whether to approve a Tribal management plan under subsection (f)(1) or an expenditure plan under subsection (f)(2) except under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ``Administrative Procedure Act''). (h) Uses.--Amounts from the Trust Fund may only be used by the Tribe for the following purposes: (1) The Tule River Tribe Water Development Projects Account may only be used to plan, design, and construct Water Development Projects on the Tule River Reservation, and for the conduct of related activities, including for environmental compliance in the development and construction of projects under this Act. (2) The Tule River Tribe OM&R Account may only be used for the OM&R of Water Development Projects. (i) Liability.--The Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the Trust Fund by the Tribe under paragraphs (1) and (2) of subsection (f). (j) Title to Infrastructure.--Title to, control over, and operation of any project constructed using funds from the Trust Fund shall remain in the Tribe. (k) Operation, Maintenance, & Replacement.--All OM&R costs of any project constructed using funds from the Trust Fund shall be the responsibility of the Tribe. (l) No Per Capita Distributions.--No portion of the Trust Fund shall be distributed on a per capita basis to any member of the Tribe. (m) Expenditure Report.--The Tule River Tribe shall annually submit to the Secretary an expenditure report describing accomplishments and amounts spent from use of withdrawals under a Tribal management plan or an expenditure plan under this Act. SEC. 7. FUNDING. (a) Funding.--Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary-- (1) for deposit in the Tule River Tribe Water Development Projects Account $518,000,000, to be available until expended, withdrawn, or reverted to the general fund of the Treasury; and (2) for deposit in the Tule River Tribe OM&R Account $50,000,000, to be available until expended, withdrawn, or reverted to the general fund of the Treasury. (b) Fluctuation in Costs.-- (1) In general.--The amounts authorized to be appropriated under subsection (a) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after November 1, 2020, as indicated by the Bureau of Reclamation Construction Cost Index--Composite Trend. (2) Construction costs adjustment.--The amounts authorized to be appropriated under subsection (a) shall be adjusted to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices as determined by the Secretary, including repricing applicable to the types of construction and current industry standards involved. (3) Repetition.--The adjustment process under this subsection shall be repeated for each subsequent amount appropriated until the amount authorized, as adjusted, has been appropriated. (4) Period of indexing.--The period of indexing adjustment under this subsection for any increment of funding shall end on the date on which the funds are deposited into the Trust Fund. SEC. 8. TRANSFER OF LAND INTO TRUST. (a) Transfer of Land to Trust.-- (1) In general.--Subject to valid existing rights, and the requirements of this subsection, all right, title, and interest of the United States in and to the land described in paragraph (2) shall be held in trust by the United States for the benefit of the Tribe as part of the Reservation upon the Enforceability Date, provided that the Tribal fee land described in paragraph (2)(C)-- (A) is free from any liens, encumbrances, or other infirmities; and (B) has no existing evidence of any hazardous substances or other environmental liability. (2) Lands to be held in trust.--The land referred to in paragraph (1) is the following: (A) Bureau of land management lands.-- (i) Approximately 26.15 acres of land located in T. 22 S., R. 29 E., sec. 35, Lot 9. (ii) Approximately 85.50 acres of land located in T. 22 S., R. 29 E., sec. 35, Lots 6 and 7. (iii) Approximately 38.77 acres of land located in-- (I) T. 22 S., R. 30 E., sec. 30, Lot 1; and (II) T. 22 S., R. 30 E., sec. 31, Lots 6 and 7. (iv) Approximately 154.9 acres of land located in T. 22 S., R. 30 E., sec. 34, N\1/ 4\SW\1/4\ and SW\1/4\SW\1/4\, Lots 2 and 3. (v) Approximately 40.00 acres of land located in T. 22 S., R. 30 E., sec. 34, NE\1/ 4\SE\1/4\. (vi) Approximately 375.17 acres of land located in-- (I) T. 22 S., R. 30 E., sec. 35, S\1/2\NE\1/4\, N\1/2\SE\1/4\, and SE\1/ 4\SE\1/4\, Lots 3, 4, and 6; and (II) T. 23 S., R. 30 E., sec. 2, S\1/2\NE\1/4\, Lots 6 and 7. (vii) Approximately 60.43 acres of land located in-- (I) T. 22 S., R. 30 E., sec. 35, SW\1/4\SW\1/4\; and (II) T. 23 S., R. 30 E., sec. 2, Lot 9. (viii) Approximately 15.48 acres of land located in T. 21 S., R. 30 E., sec. 31 in that portion of the NW\1/4\ lying between Lots 8 and 9. (ix) Approximately 29.26 acres of land located in T. 21 S., R. 30 E., sec. 31, Lot 7. (B) Forest service lands.--Approximately 9,037 acres of land comprising the headwaters area of the South Fork Tule River watershed located east of and adjacent to the Tule River Indian Reservation, and more particularly described as follows: (i) Commencing at the northeast corner of the Tule River Indian Reservation in T. 21 S., R. 31 E., sec. 16, Mount Diablo Base and Meridian, running thence east and then southeast along the ridge of mountains dividing the waters of the South Fork of the Tule River and Middle Fork of the Tule River, continuing south and then southwest along the ridge of mountains dividing the waters of the South Fork of the Tule River and the Upper Kern River until intersecting with the southeast corner of the Tule River Indian Reservation in T. 22 S., R. 31 E., sec. 28, thence from such point north along the eastern boundary of the Tule River Indian Reservation to the place of beginning. (ii) The area encompasses-- (I) all of secs. 22, 23, 26, 27, 34, 35, and portions of secs. 13, 14, 15, 16, 21, 24, 25, 28, 33, and 36, in T. 21 S., R. 31 E.; and (II) all of secs. 3 and 10, and portions of secs. 1, 2, 4, 9, 11, 14, 15, 16, 21, 22, 27, and 28, in T. 22 S., R. 31 E. (C) Tribally owned fee lands.-- (i) Approximately 300 acres of land known as the McCarthy Ranch and more particularly described as follows: (I) The SW\1/4\ and that portion of the SE\1/4\ of sec. 9 in T. 22 S., R. 29 E., Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the official plat thereof, lying south and west of the center line of the South Fork of the Tule River, as such river existed on June 9, 1886, in the County of Tulare, State of California; excepting therefrom an undivided one-half interest in and to the oil, gas, minerals, and other hydrocarbon substances in, on, or under such land, as reserved by Alice King Henderson, a single woman, by Deed dated January 22, 1959, and Recorded February 18, 1959, in Book 2106, page 241, Tulare County Official Records. (II) An easement over and across that portion of the SW\1/4\ of sec. 10 in T. 22 S., R. 29 E., Mount Diablo Base and Meridian, County of Tulare, State of California, more particularly described as follows: (aa) Beginning at the intersection of the west line of the SW\1/4\ of sec. 10, and the south bank of the South Tule Independent Ditch; thence south 20 rods; thence in an easterly direction, parallel with such ditch, 80 rods; thence north 20 rods, thence westerly along the south bank of such ditch 80 rods to the point of beginning; for the purpose of-- (AA) maintaining thereon an irrigation ditch between the headgate of the King Ditch situated on such land and the SW\1/4\ and that portion of the SE\1/4\ of sec. 9 in T. 22 S., R. 29 E., lying south and west of the centerline of the South Fork of the Tule River, as such river existed on June 9, 1886, in the County of Tulare, State of California; and (BB) conveying therethrough water from the South Fork of the Tule River to the SW\1/ 4\ and that portion of the SE\1/4\ of sec. 9 in T. 22 S., R. 29 E., lying south and west of the centerline of the South Fork of the Tule River, as such river existed on June 9, 1886. (bb) The easement described in item (aa) shall follow the existing route of the King Ditch. (ii) Approximately 640 acres of land known as the Pierson/Diaz property in T. 22 S., R. 29 E., sec. 16, Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the official plat thereof. (iii) Approximately 375.44 acres of land known as the Hyder property and more particularly described as follows: (I) That portion of the S\1/2\ of sec. 12 in T. 22 S., R. 28 E., Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the official plat thereof, lying south of the County Road known as Reservation Road, excepting therefrom an undivided one-half interest in all oil, gas, minerals, and other hydrocarbon substances as reserved in the deed from California Lands, Inc., to Lovell J. Wilson and Genevieve P. Wilson, recorded February 17, 1940, in book 888, page 116, Tulare County Official Records. (II) The NW\1/4\ of sec. 13 in T. 22 S., R. 28 E., Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the official plat thereof, excepting therefrom the south 1200 feet thereof. (III) The south 1200 feet of the NW\1/4\ of sec. 13 in T. 22 S., R. 28 E., Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the official plat thereof. (iv) Approximately 157.22 acres of land situated in the unincorporated area of the County of Tulare, State of California, known as the Trailor property, and more particularly described as follows: The SW\1/4\ of sec. 11 in T. 22 S., R. 28 E., Mount Diablo Base and Meridian, in the unincorporated area of the County of Tulare, State of California, according to the official plat thereof. (v) Approximately 89.45 acres of land known as the Tomato Patch in that portion of the SE\1/4\ of sec. 11 in T. 22 S., R. 28 E., Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the Official Plat of the survey of such land on file in the Bureau of Land Management at the date of the issuance of the patent thereof, and more particularly described as follows: Beginning at the southeast corner of T. 22 S., R. 28 E., sec. 11, thence north and along the east line of such sec. 11, 1342 feet, thence south 83 44' west 258 feet, thence north 84 30' west 456 feet, thence north 65 28' west 800 feet, thence north 68 44' west 295 feet, thence south 71 40' west 700 feet, thence south 56 41' west 240 feet to the west line of the SE\1/4\ of such sec. 11, thence south 0 21' west along such west line of the SE\1/4\ of sec. 11, thence west 1427 feet to the southwest corner of such SE\1/4\ of sec. 11, thence south 89 34' east 2657.0 feet to the point of beginning, excepting therefrom-- (I) a strip of land 25 feet in width along the northerly and east sides and used as a County Road; and (II) an undivided one-half interest in all oil, gas, and minerals in and under such lands, as reserved in the Deed from Bank of America, a corporation, dated August 14, 1935, filed for record August 28, 1935, Fee Book 11904. (vi) Approximately 160 acres of land known as the Smith Mill in the NW\1/4\ of the NE\1/ 4\, the N\1/2\ of the NW\1/4\, and the SE\1/4\ of the NW\1/4\ of sec. 20 in T. 21 S., R. 31 E., Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the official plat thereof. (vii) Approximately 35 acres of land located within the exterior boundaries of the Tule River Reservation known as the Highway 190 parcel, with the legal description as follows: That portion of T. 21 S., R. 29 E., sec. 19, Mount Diablo Base and Meridian, in the County of Tulare, Sate of California, according to the official plat thereof, and more particularly described as follows: Commencing at a point in the south line of the N\1/2\ of the S\1/2\ of such sec. 19, such point being south 89 54' 47'' east, 1500.00 feet of the southwest corner of such N\1/2\, thence north 52 41' 17'' east, 1602.80 feet to the true point of beginning of the parcel to be described, thence north 32 02' 00'' west, 1619.53 feet to a point in the southeasterly line of State Highway 190 per deeds recorded May 5, 1958, in Book 2053, pages 608 and 613, Tulare County Official Records, thence north 57 58' 00'' east, 232.29 feet, thence north 66 33' 24'' east, 667.51 fee, thence departing the southeasterly line of such Highway 190, south 44 53' 27'' east, 913.62 feet, thence south 85 53' 27'' east, 794.53 feet, thence south 52 41' 17'' west, 1744.64 feet to the true point of beginning. (viii) Approximately 61.91 acres of land located within the exterior boundaries of the Tule River Reservation known as the Shan King property, with the legal description as follows: (I) Parcel 1: Parcel No. 1 of parcel map no. 4028 in the County of Tulare, State of California, as per the map recorded in Book 41, page 32 of Tulare County Records. (II)(aa) Parcel 2: That portion of T. 21 S., R. 29 E., sec. 19, Mount Diablo Base and Meridian, in the County of Tulare, State of California, described as follows: Commencing at a point in the south line of the N\1/2\ of the S\1/2\ of such sec. 19, such point being south 89 54' 58'' east, 1500.00 feet of the southwest corner of such N\1/2\, thence north 52 41' 06'' east, 1602.80 feet to the southwesterly corner of the 40.00 acre parcel shown on the Record of Survey recorded in Book 18, page 17, of Licensed Surveys, Tulare County Records, thence, north 32 01' 28'' west, 542.04 feet along the southwesterly line of such 40.00 acre parcel to the true point of beginning of the parcel to be described, thence, continuing north 32 01' 28'' west, 1075.50 feet to the northwesterly corner of such 40.00 acre parcel, thence north 57 58' 50'' east, 232.31 feet along the southeasterly line of State Highway 190, thence north 66 34' 12'' east, 6.85 feet, thence, departing the southeasterly line of State Highway 190 south 29 27' 29'' east, 884.73 feet, thence south 02 59' 33'' east, 218.00 feet, thence south 57 58' 31'' west, 93.67 feet to the true point of beginning. (bb) The property described in item (aa) is subject to a 100 foot minimum building setback from the right-of-way of Highway 190. (III) Parcel 3: That portion of T. 21 S., R. 29 E., sec. 19, Mount Diablo Base and Meridian, County of Tulare, State of California, described as follows: Beginning at a point in the south line of the N\1/2\ of the S\1/2\ of such sec. 19, such point being south 89 54' 47'' east, 1500.00 feet of the southwest corner of such N\1/2\, thence north 7 49' 19'' east, 1205.00 feet, thence north 40 00' 00'' west, 850.00 feet to a point in the southeasterly line of State Highway 190, per deeds recorded May 5, 1958, in Book 2053, pages 608 and 613, Tulare County Official Records, thence, north 57 58' 00'' east, 941.46 feet, along the southeasterly line of such Highway 190, thence departing the southeasterly line of such Highway 190, south 32 02' 00'' east, 1619.53 feet, thence south 52 41' 17'' west, 1602.80 feet to the point of beginning, together with a three-quarters (\3/4\) interest in a water system, as set forth in that certain water system and maintenance agreement recorded April 15, 2005, as document no. 2005-0039177. (ix) Approximately 18.44 acres of land located within the exterior boundaries of the Tule River Reservation known as the Parking Lot 4 parcel with the legal description as follows: That portion of the land described in that Grant Deed to Tule River Indian Tribe, recorded June 1, 2010, as document number 2010-0032879, Tulare County Official Records, lying within the following described parcel: beginning at a point on the east line of the NW\1/4\ of sec. 3 in T. 22 S., R. 28 E., Mount Diablo Meridian, lying south 0 49' 43'' west, 1670.53 feet from the N\1/4\ corner of such sec. 3, thence (1) south 89 10' 17'' east, 46.50 feet; thence (2) north 0 49' 43'' east, 84.08 feet; thence (3) north 33 00' 00'' west, 76.67 feet to the south line of State Route 190 as described in that Grant Deed to the State of California, recorded February 14, 1958, in Volume 2038, page 562, Tulare County Official Records; thence (4) north 0 22' 28'' east, 73.59 feet to the north line of the SE\1/4\ of the NW\1/4\ of such sec. 3; thence (5) south 89 37' 32'' east, along such north line, 89.77 feet to the center-north sixteenth corner of such sec. 3; thence (6) south 0 49' 43'' west, along such east line of the NW\1/4\ of such sec. 3, a distance of 222.06 feet to the point of beginning. Containing 0.08 acres, more or less, in addition to that portion lying within Road 284. Together with the underlying fee interest, if any, contiguous to the above-described property in and to Road 284. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights including access rights, appurtenant to grantor's remaining property, in and to such freeway. Reserving however, unto grantor, grantor's successors or assigns, the right of access to the freeway over and across Courses (1) and (2) herein above described. The bearings and distances used in this description are on the California Coordinate System of 1983, Zone 4. Divide distances by 0.999971 to convert to ground distances. (b) Terms and Conditions.-- (1) Existing authorizations.--Any Federal land transferred under this section shall be conveyed and taken into trust subject to valid existing rights, contracts, leases, permits, and rights-of-way, unless the holder of the right, contract, lease, permit, or right-of-way requests an earlier termination in accordance with existing law. The Bureau of Indian Affairs shall assume all benefits and obligations of the previous land management agency under such existing rights, contracts, leases, permits, or rights-of-way, and shall disburse to the Tribe any amounts that accrue to the United States from such rights, contracts, leases, permits, or rights-of-ways after the date of transfer from any sale, bonus, royalty, or rental relating to that land in the same manner as amounts received from other land held by the Secretary in trust for the Tribe. (2) Improvements.--Any improvements constituting personal property, as defined by State law, belonging to the holder of a right, contract, lease, permit, or right-of-way on lands transferred under this section shall remain the property of the holder and shall be removed not later than 90 days after the date on which the right, contract, lease, permit, or right-of- way expires, unless the Tribe and the holder agree otherwise. Any such property remaining beyond the 90-day period shall become the property of the Tribe and shall be subject to removal and disposition at the Tribe's discretion. The holder shall be liable for the costs the Tribe incurs in removing and disposing of the property. (c) Withdrawal of Federal Lands.-- (1) In general.--Subject to valid existing rights, effective on the date of enactment of this Act, all Federal lands within the parcels described in subsection (a)(2) are withdrawn from all forms of-- (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (2) Expiration.--The withdrawals pursuant to paragraph (1) shall terminate on the date that the Secretary takes the lands into trust for the benefit of the Tribe pursuant to subsection (a)(1). (d) Technical Corrections.--Notwithstanding the descriptions of the parcels of land in subsection (a)(2), the United States may, with the consent of the Tribe, make technical corrections to the legal land descriptions to more specifically identify the parcels to be exchanged. (e) Survey.-- (1) Unless the United States or the Tribe requests an additional survey for the transferred land or a technical correction is made under subsection (d), the description of land under this section shall be controlling. (2) If the United States or the Tribe requests an additional survey, that survey shall control the total acreage to be transferred into trust under this section. (3) The Secretary or the Secretary of Agriculture shall provide such assistance as may be appropriate-- (A) to conduct additional surveys of the transferred land; and (B) to satisfy administrative requirements necessary to accomplish the land transfers under this section. (f) Date of Transfer.--The Secretary shall issue trust deeds for all land transfers under this section by not later than 10 years after the Enforceability Date. (g) Restriction on Gaming.--Lands taken into trust pursuant to this section shall not be considered to have been taken into trust for, nor eligible for, class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)). (h) Status of Water Rights on Transferred Lands.--Any water rights associated with lands transferred pursuant to subparagraphs (A) through (C) of subsection (a)(2) shall be held in trust for the Tribe but shall not be included in the Tribal Water Right. SEC. 9. SATISFACTION OF CLAIMS. The benefits provided under this Act shall be in complete replacement of, complete substitution for, and full satisfaction of any claim of the Tribe against the United States that is waived and released by the Tribe under section 10(a). SEC. 10. WAIVERS AND RELEASES OF CLAIMS. (a) In General.-- (1) Waivers and releases of claims by the tribe and the united states as trustee for the tribe.--Subject to the reservation of rights and retention of claims set forth in subsection (c), as consideration for recognition of the Tribe's Tribal Water Right and other benefits described in the 2007 Agreement and this Act, the Tribe and the United States, acting as trustee for the Tribe, shall execute a waiver and release of all claims for the following: (A) All claims for water rights within the State of California based on any and all legal theories that the Tribe or the United States acting as trustee for the Tribe, asserted or could have asserted in any proceeding, including a general stream adjudication, on or before the Enforceability Date, except to the extent that such rights are recognized in the 2007 Agreement and this Act. (B) All claims for damages, losses, or injuries to water rights or claims of interference with, diversion, or taking of water rights (including claims for injury to lands resulting from such damages, losses, injuries, interference with, diversion, or taking of water rights) within California against the State, or any person, entity, corporation, or municipality, that accrued at any time up to and including the Enforceability Date. (2) Waiver and release of claims by the tribe against the united states.--Subject to the reservation of rights and retention of claims under subsection (c), the Tribe shall execute a waiver and release of all claims against the United States (including any agency or employee of the United States) for water rights within the State of California first arising before the Enforceability Date relating to-- (A) water rights within the State of California that the United States, acting as trustee for the Tribe, asserted or could have asserted in any proceeding, including a general stream adjudication, except to the extent that such rights are recognized as part of the Tribal Water Right under this Act; (B) foregone benefits from nontribal use of water, on and off the Reservation (including water from all sources and for all uses); (C) damage, loss, or injury to water, water rights, land, or natural resources due to loss of water or water rights (including damages, losses, or injuries to hunting, fishing, gathering, or cultural rights, due to loss of water or water rights, claims relating to interference with, diversion, or taking of water, or claims relating to a failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) within the State of California; (D) a failure to establish or provide a municipal rural or industrial water delivery system on the Reservation; (E) damage, loss, or injury to water, water rights, land, or natural resources due to construction, operation, and management of irrigation projects on the Reservation and other Federal land and facilities (including damages, losses, or injuries to fish habitat, wildlife, and wildlife habitat); (F) failure to provide for operation, maintenance, or deferred maintenance for any irrigation system or irrigation project; (G) failure to provide a dam safety improvement to a dam on the Reservation; (H) the litigation of claims relating to any water rights of the Tribe within the State of California; (I) the negotiation, execution, or adoption of the 2007 Agreement (including exhibits A-F) and this Act; (J) the negotiation, execution, or adoption of operational rules referred to in Article 3.4 of the 2007 Agreement in connection with any reservoir locations, including any claims related to the resolution of operational rules pursuant to the dispute resolution processes set forth in the Article 8 of the 2007 Agreement, including claims arising after the Enforceability Date; and (K) claims related to the creation or reduction of the Reservation, including any claims relating to the failure to ratify any treaties and any claims that any particular lands were intended to be set aside as a permanent homeland for the Tribe but were not included as part of the present Reservation. (b) Effectiveness.--The waivers and releases under subsection (a) shall take effect on the Enforceability Date. (c) Reservation of Rights and Retention of Claims.--Notwithstanding the waivers and releases under subsection (a), the Tribe and the United States, acting as trustee for the Tribe, shall retain-- (1) all claims relating to the enforcement of, or claims accruing after the Enforceability Date relating to water rights recognized under the 2007 Agreement, any final court decree entered in the Federal District Court for the Eastern District of California, or this Act; (2) all claims relating to the right to use and protect water rights acquired after the date of enactment of this Act; (3) claims regarding the quality of water under-- (A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), including claims for damages to natural resources; (B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); (C) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) (commonly referred to as the ``Clean Water Act''); and (D) any regulations implementing the Acts described in subparagraphs (A) through (C); (4) all claims for damage, loss, or injury to land or natural resources that are not due to loss of water or water rights, including hunting, fishing, gathering, or cultural rights; and (5) all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant to this Act or the 2007 Agreement. (d) Effect of 2007 Agreement and Act.--Nothing in the 2007 Agreement or this Act-- (1) affects the authority of the Tribe to enforce the laws of the Tribe, including with respect to environmental protections or reduces or extends the sovereignty (including civil and criminal jurisdiction) of any government entity; (2) affects the ability of the United States, acting as sovereign, to carry out any activity authorized by law, including-- (A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); (B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); (C) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (D) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); and (E) any regulations implementing the Acts described in subparagraphs (A) through (D); (3) affects the ability of the United States to act as trustee for any other Indian Tribe or an allotee of any other Indian Tribe; (4) confers jurisdiction on any State court-- (A) to interpret Federal law relating to health, safety, or the environment; (B) to determine the duties of the United States or any other party under Federal law regarding health, safety, or the environment; (C) to conduct judicial review of any Federal agency action; or (D) to interpret Tribal law; or (5) waives any claim of a member of the Tribe in an individual capacity that does not derive from a right of the Tribe. (e) Tolling of Claims.-- (1) In general.--Each applicable period of limitation and time-based equitable defense relating to a claim described in this section shall be tolled for the period beginning on the date of enactment of this Act and ending on the Enforceability Date. (2) Effect of subsection.--Nothing in this subsection revives any claim or tolls any period of limitation or time- based equitable defense that expired before the date of enactment of this Act. (3) Limitation.--Nothing in this section precludes the tolling of any period of limitations or any time-based equitable defense under any other applicable law. (f) Expiration.-- (1) In general.--This Act shall expire in any case in which the Secretary fails to publish a statement of findings under section 11 by not later than-- (A) 8 years from the date of enactment of this Act; or (B) such alternative later date as is agreed to by the Tribe and the Secretary, after providing reasonable notice to the State of California. (2) Consequences.--If this Act expires under paragraph (1)-- (A) the waivers and releases under subsection (a) shall-- (i) expire; and (ii) have no further force or effect; (B) the authorization, ratification, confirmation, and execution of the 2007 Agreement under section 4 shall no longer be effective; (C) any action carried out by the Secretary, and any contract or agreement entered into pursuant to this Act, shall be void; (D) any unexpended Federal funds appropriated or made available to carry out the activities authorized by this Act, together with any interest earned on those funds, and any water rights or contracts to use water and title to other property acquired or constructed with Federal funds appropriated or made available to carry out the activities authorized by this Act shall be returned to the Federal Government, unless otherwise agreed to by the Tribe and the United States and approved by Congress; and (E) except for Federal funds used to acquire or construct property that is returned to the Federal Government under subparagraph (D), the United States shall be entitled to offset any Federal funds made available to carry out this Act that were expended or withdrawn, or any funds made available to carry out this Act from other Federal authorized sources, together with any interest accrued on those funds, against any claims against the United States-- (i) relating to-- (I) water rights in the State of California asserted by-- (aa) the Tribe; or (bb) any user of the Tribal Water Right; or (II) any other matter covered by subsection (a)(2); or (ii) in any future settlement of water rights of the Tribe. SEC. 11. ENFORCEABILITY DATE. The Enforceability Date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that-- (1) to the extent that the 2007 Agreement conflicts with the Act, the 2007 Agreement has been amended to conform with this Act; (2) the 2007 Agreement, so revised, includes waivers and releases of claims set forth in section 10 and has been executed by the parties, including the United States; (3) a final judgment and decree approving the 2007 Agreement and binding all parties to the action has been entered by the Court, and all appeals have been exhausted; (4) all of the amounts authorized to be appropriated under section 7(a) have been appropriated and deposited in the designated accounts; and (5) the waivers and releases under section 10(a) have been executed by the Tribe and the Secretary. SEC. 12. BINDING EFFECT; JUDICIAL APPROVAL; ENFORCEABILITY. (a) In General.--Not later than 180 days after the Secretary has executed the 2007 Agreement, the Attorney General of the United States shall file suit in the Court requesting the entry of a final judgement and decree approving the Tribal Water Right and the 2007 Agreement. The Tribe and the Downstream Water Users shall be named as parties to the suit. (b) Judicial Approval.--The Court shall have exclusive jurisdiction to review and determine whether to approve the 2007 Agreement, and over any cause of action initiated by any party to the 2007 Agreement arising from a dispute over the interpretation of the Agreement or this legislation, and any cause of action initiated by any party to the 2007 Agreement for the enforcement of Agreement. (c) Operation Rules.--The Court shall have jurisdiction over any cause of action initiated by any party to the 2007 Agreement arising from the failure of the parties to reach agreement on operation rules for any reservoir and shall establish a procedure under which a mediator is appointed by the Court to assist the parties in resolving issues regarding operation rules for any reservoir. If the Court appointed mediation does not, after a reasonable amount of time as determined by the Court, result in an agreed set of reservoir operation rules, the Court shall determine which set of reservoir operation rules shall govern operation of the reservoir by determining which of the proffered set of operation rules, if implemented, would be the most effective by meeting the criteria set forth in section 8.2.B(3)(a) of the 2007 Agreement. Once the Court selects operation rules pursuant to the standard set forth above, such rules shall thereafter control and shall be implemented by the parties pursuant to the terms directed by the Court. SEC. 13. MISCELLANEOUS PROVISIONS. (a) Waiver of Sovereign Immunity by the United States.--Nothing in this Act waives the sovereign immunity of the United States. (b) Other Tribes Not Adversely Affected.--Nothing in this Act quantifies or diminishes any land or water right, or any claim or entitlement to land or water, of an Indian Tribe, band, or community other than the Tribe. (c) Effect on Current Law.--Nothing in this Act affects any provision of law (including regulations) in effect on the day before the date of enactment of this Act with respect to pre-enforcement review of any Federal environmental enforcement action. (d) Conflict.--In the event of a conflict between the 2007 Agreement and this Act, this Act shall control. SEC. 14. ANTIDEFICIENCY. The United States shall not be liable for any failure to carry out any obligation or activity authorized by this Act, including any obligation or activity under the 2007 Agreement if adequate appropriations are not provided by Congress expressly to carry out the purposes of this Act. <all>

Tule River Tribe Reserved Water Rights Settlement Act of 2022

A bill to approve the settlement of the water right claims of the Tule River Tribe, and for other purposes.

Tule River Tribe Reserved Water Rights Settlement Act of 2022

Sen. Padilla, Alex

D

CA

S.2517

Environmental Protection

Defense of Environment and Property Act of 2021 This bill revises the scope, jurisdiction, and requirements of the Clean Water Act. It specifies the types of water bodies that are navigable waters and therefore receive protection. It defines navigable waters as waters of the United States that are (1) navigable-in-fact; or (2) permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers, and lakes that are connected to waters that are navigable-in-fact. The bill limits the jurisdiction of the U.S. Army Corps of Engineers and the Environmental Protection Agency (EPA) over such waters, including by stating that ground water is under the jurisdiction of states. The bill prohibits the EPA from using a significant nexus test to determine federal jurisdiction over navigable waters and waters of the United States. The bill nullifies the Migratory Bird rule and a 2008 guidance document about the definition of waters under the jurisdiction of the Clean Water Act. The bill prohibits the EPA and the Corps from issuing new rules or guidance that expands or interprets the definition of navigable waters unless expressly authorized by Congress. Federal agencies must obtain consent from private property owners to collect information about navigable waters on their land. If regulations relating to navigable waters or waters of United States diminish the value of a property, then the federal government must pay the property owner an amount equal to twice the value of the loss.

To amend the Federal Water Pollution Control Act to clarify the definition of navigable waters, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense of Environment and Property Act of 2021''. SEC. 2. NAVIGABLE WATERS. (a) In General.--Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by striking paragraph (7) and inserting the following: ``(7) Navigable waters.-- ``(A) In general.--The term `navigable waters' means the waters of the United States, including the territorial seas, that are-- ``(i) navigable-in-fact; or ``(ii) permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers, and lakes that are connected to waters that are navigable-in-fact. ``(B) Exclusions.--The term `navigable waters' does not include (including by regulation)-- ``(i) waters that-- ``(I) do not physically abut waters described in subparagraph (A); and ``(II) lack a continuous surface water connection to navigable waters; ``(ii) man-made or natural structures or channels-- ``(I) through which water flows intermittently or ephemerally; or ``(II) that periodically provide drainage for rainfall; or ``(iii) wetlands without a continuous surface connection to bodies of water that are waters of the United States.''. (b) Jurisdiction of EPA and Corps of Engineers.--Title V of the Federal Water Pollution Control Act (33 U.S.C. 1361 et seq.) is amended-- (1) by redesignating section 520 as section 521; and (2) by inserting after section 519 the following: ``SEC. 520. JURISDICTION OF THE ADMINISTRATOR AND SECRETARY OF THE ARMY. ``(a) EPA and Corps Activities.--An activity carried out by the Administrator or the Corps of Engineers shall not, without explicit State authorization, impinge upon the traditional and primary power of States over land and water use. ``(b) Aggregation; Wetlands.-- ``(1) Aggregation.--Aggregation of wetlands or waters not described in clauses (i) through (iii) of section 502(7)(B) shall not be used to determine or assert Federal jurisdiction. ``(2) Wetlands.--Wetlands described in section 502(7)(B)(iii) shall not be considered to be under Federal jurisdiction. ``(c) Judicial Review.--If a jurisdictional determination by the Administrator or the Secretary of the Army would affect the ability of a State or individual property owner to plan the development and use (including restoration, preservation, and enhancement) of land and water resources, the State or individual property owner may obtain expedited judicial review not later than 30 days after the date on which the determination is made in a district court of the United States, of appropriate jurisdiction and venue, that is located within the State seeking the review. ``(d) Treatment of Ground Water.--Ground water shall-- ``(1) be considered to be State water; and ``(2) not be considered in determining or asserting Federal jurisdiction over isolated or other waters, including intermittent or ephemeral water bodies. ``(e) Prohibition on Use of Significant Nexus Test.-- ``(1) Definition of significant nexus test.--In this subsection, the term `significant nexus test' means an analysis to determine whether a water has a significant nexus (as defined in subsection (c) of section 328.3 of title 33, Code of Federal Regulations (as in effect on August 29, 2015)) to a water described in paragraphs (1) through (3) of subsection (a) of that section (as in effect on that date), or any similar analysis. ``(2) Prohibition.--Notwithstanding any other provision of law, the Administrator may not use a significant nexus test to determine Federal jurisdiction over navigable waters and waters of the United States.''. (c) Applicability.--Nothing in this section or the amendments made by this section affects or alters any exemption under-- (1) section 402(l) of the Federal Water Pollution Control Act (33 U.S.C. 1342(l)); or (2) section 404(f) of the Federal Water Pollution Control Act (33 U.S.C. 1344(f)). SEC. 3. APPLICABILITY OF AGENCY REGULATIONS AND GUIDANCE. (a) In General.--The following regulations and guidance shall have no force or effect: (1) The final rule of the Corps of Engineers entitled ``Final Rule for Regulatory Programs of the Corps of Engineers'' (51 Fed. Reg. 41206 (November 13, 1986)). (2) The guidance document entitled ``Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in `Rapanos v. United States' & `Carabell v. United States''' and dated December 2, 2008 (relating to the definition of waters under the jurisdiction of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)). (3) Any subsequent regulation of or guidance issued by any Federal agency that defines or interprets the terms ``navigable waters'' or ``waters of the United States''. (b) Prohibition.--The Secretary of the Army, acting through the Chief of Engineers, and the Administrator of the Environmental Protection Agency shall not promulgate any rules or issue any guidance that expands or interprets the definition of navigable waters unless expressly authorized by Congress. SEC. 4. STATE REGULATION OF WATER. Nothing in this Act or the amendments made by this Act affects, amends, or supersedes-- (1) the right of a State to regulate waters in the State; or (2) the duty of a landowner to adhere to any State nuisance laws (including regulations) relating to waters in the State. SEC. 5. CONSENT FOR ENTRY BY FEDERAL REPRESENTATIVES. Section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1318) is amended by striking subsection (a) and inserting the following: ``(a) In General.-- ``(1) Entry by federal agency.--A representative of a Federal agency shall only enter private property to collect information about navigable waters if the owner of that property-- ``(A) has consented to the entry in writing; ``(B) is notified regarding the date of the entry; and ``(C) is given access to any data collected from the entry. ``(2) Access.--If a landowner consents to entry under paragraph (1), the landowner shall have the right to be present at the time any data collection on the property of the landowner is carried out.''. SEC. 6. COMPENSATION FOR REGULATORY TAKING. (a) In General.--If a Federal regulation relating to the definition of ``navigable waters'' or ``waters of the United States'' diminishes the fair market value or economic viability of a property, as determined by an independent appraiser, the Federal agency issuing the regulation shall pay the affected property owner an amount equal to twice the value of the loss. (b) Administration.--Any payment provided under subsection (a) shall be made from the amounts made available to the relevant agency head for general operations of the Federal agency. (c) Applicability.--A Federal regulation described in subsection (a) shall have no force or effect until the date on which each landowner with a claim under this section relating to that regulation has been compensated in accordance with this section. <all>

Defense of Environment and Property Act of 2021

A bill to amend the Federal Water Pollution Control Act to clarify the definition of navigable waters, and for other purposes.

Defense of Environment and Property Act of 2021

Sen. Paul, Rand

R

KY

H.R.4281

International Affairs

Tibet Independence Act This bill addresses and imposes sanctions relating to Tibet. The bill states that it is U.S. policy to affirm that China's territorial claims over Tibet are invalid and without merit. It also authorizes the President to recognize Tibet as a separate and independent country. The President must impose property- and visa-blocking sanctions on foreign persons that are knowingly responsible for or complicit in supporting the Chinese Communist Party's occupation of Tibet.

To impose sanctions on persons who are knowingly responsible for or complicit in, or have directly or indirectly engaged in, supporting the illegal occupation of Tibet, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Tibet Independence Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Congress listed Tibet as a separate country from the People's Republic of China in the Export-Import Bank Act Amendments of 1986. (2) The Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 declares that Congress views Tibet as an ``occupied country'', and that China's control of Tibet remains illegal under international law. (3) The Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 further establishes that ``it is the policy of the United States to oppose aggression and other illegal uses of force by one country against the sovereignty of another as a manner of acquiring territory, and to condemn violations of international law, including the illegal occupation of one country by another''. (4) The Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 conveyed the Sense of Congress that ``the United States should seek to establish a dialogue with those recognized by Congress as the true representatives of the Tibetan people, the Dalai Lama, his representatives and the Tibetan Government in Exile''. (5) On November 18, 2020, the United States House of Representatives approved without objection H. Res. 697, which ``affirms the cultural and religious significance of the goal of genuine autonomy for the people of Tibet and the deep bond between the American and Tibetan people''. (6) In 1951, the People's Republic of China coerced Tibetan representatives to sign, under duress, an unlawful settlement known as the Seventeen Point Agreement. This agreement states that ``the Tibetan people have the right to exercise national regional autonomy under the unified leadership of the Central People's Government'' and additionally, that ``the central authorities will not alter the existing political system in Tibet''. (7) The establishment of the independent state of Tibet predates the 1951 Seventeen Point Agreement by many hundreds of years. (8) In rejecting the seven-decade long illegal occupation of Tibet by the forces of the Chinese Communist Party, the United States of America would provide relief to a long- suffering people and reinforce its reputation as a strident defender of global human rights. (9) It would benefit the national security of the United States to recognize Tibet, which comprises the original three Tibetan provinces of Amdo, Kham, and U-Tsang, as a separate, independent country. SEC. 3. STATEMENT OF POLICY; AUTHORIZATION; SENSE OF CONGRESS. (a) It is the policy of the United States to-- (1) acknowledge that Tibet was an independent country prior to the People's Republic of China's illegal occupation of Tibet's sovereign territory in 1951; (2) affirm that all territorial claims by the People's Republic of China over the area known as Tibet, which comprises the original three Tibetan provinces of Amdo, Kham, and U- Tsang, are invalid and without merit; and (3) recognize that the democratically elected government of Tibet, presently named as the Central Tibetan Administration, is the only governing authority of Tibet. (b) Authorization.--The President is authorized to recognize Tibet, which comprises the original Tibetan provinces of Amdo, Kham, and U- Tsang, as a separate, independent country, in accordance with subsection (a), immediately upon enactment of this Act. (c) Sense of Congress.--The President of the United States should invite the incumbent Sikyong (President) of Tibet to the United States for an official state visit no later than 1 year after the date of the enactment of this Act. SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO THE CONTINUED ILLEGAL OCCUPATION OF TIBET. (a) Imposition of Sanctions.--The President shall impose the sanctions described in subsection (c) with respect to each foreign person included in the most recent list submitted pursuant to subsection (b). (b) List of Persons.-- (1) Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of foreign persons, including senior government officials, military leaders, and other persons, who the President determines are knowingly responsible for or complicit in, or have directly or indirectly engaged in, supporting the Chinese Communist Party's illegal occupation of Tibet. (2) Updates of lists.--The President shall submit to the appropriate congressional committees an updated list under paragraph (1)-- (A) not later than 180 days after the date of the enactment of this Act and annually thereafter for 5 years; or (B) as new information becomes available. (3) Form.--The list required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (c) Sanctions Described.--The sanctions described in this subsection are the following: (1) Blocking of property.--The President shall exercise all of the powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (except that the requirements of section 202 of such Act (50 U.S.C. 1701) shall not apply) to the extent necessary to block and prohibit all transactions in property and interests in property of the 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) Inadmissibility of certain individuals.-- (A) Ineligibility for visas, admission, or parole.--A foreign person included in the most recent list submitted pursuant to subsection (b) 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.--A foreign person described in subparagraph (A) is also subject to the following: (i) Revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. (ii) A revocation under clause (i) shall take effect immediately and automatically cancel any other valid visa or entry documentation that is in the foreign person's possession. (3) Exception.--Sanctions under paragraph (2) shall not apply to an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States. (d) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person who violates, attempts to violate, conspires to violate, or causes a violation of regulations promulgated to carry out subsection (a) to the same extent that such penalties apply to a person who commits an unlawful act described in section 206(a) of that Act. (e) Exception To Comply With National Security.--The following activities shall be exempt from sanctions under this section: (1) Activities subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.). (2) Any authorized intelligence or law enforcement activities of the United States. (f) Waiver.-- (1) In general.--The President may waive, for one or more periods not to exceed 90 days, the application of sanctions imposed on a foreign person under this section if the President-- (A) determines that such a waiver is in the national interest of the United States; and (B) not later than the date on which such waiver will take effect, submits to the appropriate congressional committees a notice of and justification for such waiver. SEC. 5. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. In this Act, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. <all>

Tibet Independence Act

To impose sanctions on persons who are knowingly responsible for or complicit in, or have directly or indirectly engaged in, supporting the illegal occupation of Tibet, and for other purposes.

Tibet Independence Act

Rep. Perry, Scott

R

PA

S.1418

Science, Technology, Communications

Bioeconomy Research and Development Act of 2021 This bill directs the Office of Science and Technology Policy (OSTP) to implement a National Engineering Biology Research and Development Initiative to advance societal well-being, national security, sustainability, and economic productivity and competitiveness. Among other activities, the initiative must include sustained support for research centers, individual investigators, technologies, and training. The initiative shall include outreach to primarily undergraduate and minority-serving institutions about initiative opportunities, and shall encourage the development of research collaborations between research-intensive universities and such institutions. The OSTP shall designate an interagency committee to coordinate initiative activities as appropriate. The interagency committee shall submit triennial reports to Congress through FY2028 in support of the initiative. The National Science Foundation (NSF) shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to conduct a review of, and make recommendations with respect to, the ethical, legal, environmental, safety, security, and other appropriate societal issues related to engineering biology research and development. The NSF, National Institute of Standards and Technology, Department of Energy, Department of Defense, National Aeronautics and Space Administration (NASA), Department of Agriculture, and Department of Health and Human Services shall carry out related activities as part of the initiative.

To provide for a coordinated Federal research initiative to ensure continued United States leadership in engineering biology. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Bioeconomy Research and Development Act of 2021''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Cellular and molecular processes may be used, mimicked, or redesigned to develop new products, processes, and systems that improve societal well-being, strengthen national security, and contribute to the economy. (2) Engineering biology relies on a workforce with a diverse and unique set of skills combining the biological, physical, chemical, and information sciences and engineering. (3) Long-term research and development is necessary to create breakthroughs in engineering biology. Such research and development requires government investment as many of the benefits are too distant or uncertain for industry to support alone. (4) Research is necessary to inform evidence-based governance of engineering biology and to support the growth of the engineering biology industry. (5) The Federal Government has an obligation to ensure that ethical, legal, environmental, safety, security, and societal implications of its science and technology research and investment follows policies of responsible innovation and fosters public transparency. (6) The Federal Government can play an important role by facilitating the development of tools and technologies to further advance engineering biology, including user facilities, by facilitating public-private partnerships, by supporting risk research, and by facilitating the commercial application in the United States of research funded by the Federal Government. (7) The United States led the development of the science and engineering techniques that created the field of engineering biology, but due to increasing international competition, the United States is at risk of losing its competitive advantage if it does not strategically invest the necessary resources. (8) A National Engineering Biology Initiative can serve to establish new research directions and technology goals, improve interagency coordination and planning processes, drive technology transfer to the private sector, and help ensure optimal returns on the Federal investment. SEC. 3. DEFINITIONS. In this Act: (1) Biomanufacturing.--The term ``biomanufacturing'' means the utilization of biological systems to develop new and advance existing products, tools, and processes at commercial scale. (2) Engineering biology.--The term ``engineering biology'' means the application of engineering design principles and practices to biological systems, including molecular and cellular systems, to advance fundamental understanding of complex natural systems and to enable novel or optimize functions and capabilities. (3) Initiative.--The term ``Initiative'' means the National Engineering Biology Research and Development Initiative established under section 4. (4) Omics.--The term ``omics'' refers to the collective technologies used to explore the roles, relationships, and actions of the various types of molecules that make up the cells of an organism. SEC. 4. NATIONAL ENGINEERING BIOLOGY RESEARCH AND DEVELOPMENT INITIATIVE. (a) In General.--The President, acting through the Office of Science and Technology Policy, shall implement a National Engineering Biology Research and Development Initiative to advance societal well- being, national security, sustainability, and economic productivity and competitiveness through-- (1) advancing areas of research at the intersection of the biological, physical, chemical, data, and computational sciences and engineering to accelerate scientific understanding and technological innovation in engineering biology; (2) advancing areas of biomanufacturing research to optimize, standardize, scale, and deliver new products and solutions; (3) supporting social and behavioral sciences and economics research that advances the field of engineering biology and contributes to the development and public understanding of new products, processes, and technologies; (4) improving the understanding of engineering biology of the scientific and lay public and supporting greater evidence- based public discourse about its benefits and risks; (5) supporting research relating to the risks and benefits of engineering biology, including under subsection (d); (6) supporting the development of novel tools and technologies to accelerate scientific understanding and technological innovation in engineering biology; (7) expanding the number of researchers, educators, and students and a retooled workforce with engineering biology training, including from traditionally underrepresented and underserved populations; (8) accelerating the translation and commercialization of engineering biology research and development by the private sector; and (9) improving the interagency planning and coordination of Federal Government activities related to engineering biology. (b) Initiative Activities.--The activities of the Initiative shall include-- (1) sustained support for engineering biology research and development through-- (A) grants to fund the work of individual investigators and teams of investigators, including interdisciplinary teams; (B) projects funded under joint solicitations by a collaboration of no fewer than two agencies participating in the Initiative; and (C) interdisciplinary research centers that are organized to investigate basic research questions, carry out technology development and demonstration activities, and increase understanding of how to scale up engineering biology processes, including biomanufacturing; (2) sustained support for databases and related tools, including-- (A) support for curated genomics, epigenomics, and other relevant omics databases, including plant and microbial databases, that are available to researchers to carry out engineering biology research in a manner that does not compromise national security or the privacy or security of information within such databases; (B) development of standards for such databases, including for curation, interoperability, and protection of privacy and security; (C) support for the development of computational tools, including artificial intelligence tools, that can accelerate research and innovation using such databases; and (D) an inventory and assessment of all Federal government omics databases to identify opportunities to improve the utility of such databases, as appropriate and in a manner that does not compromise national security or the privacy and security of information within such databases, and inform investment in such databases as critical infrastructure for the engineering biology research enterprise; (3) sustained support for the development, optimization, and validation of novel tools and technologies to enable the dynamic study of molecular processes in situ, including through-- (A) research conducted at Federal laboratories; (B) grants to fund the work of investigators at institutions of higher education and other nonprofit research institutions; (C) incentivized development of retooled industrial sites across the country that foster a pivot to modernized engineering biology initiatives; and (D) awards under the Small Business Innovation Research Program and the Small Business Technology Transfer Program, as described in section 9 of the Small Business Act (15 U.S.C. 638); (4) support for education and training of undergraduate and graduate students in engineering biology, biomanufacturing, bioprocess engineering, and computational science applied to engineering biology and in the related ethical, legal, environmental, safety, security, and other societal domains; (5) activities to develop robust mechanisms for documenting and quantifying the outputs and economic benefits of engineering biology; and (6) activities to accelerate the translation and commercialization of new products, processes, and technologies by-- (A) identifying precompetitive research opportunities; (B) facilitating public-private partnerships in engineering biology research and development; (C) connecting researchers, graduate students, and postdoctoral fellows with entrepreneurship education and training opportunities; and (D) supporting proof of concept activities and the formation of startup companies including through programs such as the Small Business Innovation Research Program and the Small Business Technology Transfer Program. (c) Expanding Participation.--The Initiative shall include, to the maximum extent practicable, outreach to primarily undergraduate and minority-serving institutions about Initiative opportunities, and shall encourage the development of research collaborations between research- intensive universities and primarily undergraduate and minority-serving institutions. (d) Ethical, Legal, Environmental, Safety, Security, and Societal Issues.--Initiative activities shall take into account ethical, legal, environmental, safety, security, and other appropriate societal issues by-- (1) supporting research, including in the social sciences, and other activities addressing ethical, legal, environmental, and other appropriate societal issues related to engineering biology, including integrating research on such topics with the research and development in engineering biology, and encouraging the dissemination of the results of such research, including through interdisciplinary engineering biology research centers described in subsection (b)(1); (2) supporting research and other activities related to the safety and security implications of engineering biology, including outreach to increase awareness among Federal researchers and Federally-funded researchers at institutions of higher education about potential safety and security implications of engineering biology research, as appropriate; (3) ensuring that input from Federal and non-Federal experts on the ethical, legal, environmental, safety, security, and other appropriate societal issues related to engineering biology is integrated into the Initiative; (4) ensuring, through the agencies and departments that participate in the Initiative, that public input and outreach are integrated into the Initiative by the convening of regular and ongoing public discussions through mechanisms such as workshops, consensus conferences, and educational events, as appropriate; and (5) complying with all applicable provisions of Federal law. SEC. 5. INITIATIVE COORDINATION. (a) Interagency Committee.--The President, acting through the Office of Science and Technology Policy, shall designate an interagency committee to coordinate activities of the Initiative as appropriate, which shall be co-chaired by the Office of Science and Technology Policy, and include representatives from the National Science Foundation, the Department of Energy, the Department of Defense, the National Aeronautics and Space Administration, the National Institute of Standards and Technology, the Environmental Protection Agency, the Department of Agriculture, the Department of Health and Human Services, the Bureau of Economic Analysis, and any other agency that the President considers appropriate (in this section referred to as the ``Interagency Committee''). The Director of the Office of Science and Technology Policy shall select an additional co-chairperson from among the members of the Interagency Committee. The Interagency Committee shall oversee the planning, management, and coordination of the Initiative. The Interagency Committee shall-- (1) provide for interagency coordination of Federal engineering biology research, development, and other activities undertaken pursuant to the Initiative; (2) establish and periodically update goals and priorities for the Initiative; (3) develop, not later than 12 months after the date of the enactment of this Act, and update every 3 years thereafter, a strategic plan submitted to the Committee on Science, Space, and Technology and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Health, Education, Labor, and Pensions of the Senate that-- (A) guides the activities of the Initiative for purposes of meeting the goals and priorities established under (and updated pursuant to) paragraph (2); and (B) describes-- (i) the Initiative's support for long-term funding for interdisciplinary engineering biology research and development; (ii) the Initiative's support for education and public outreach activities; (iii) the Initiative's support for research and other activities on ethical, legal, environmental, safety, security, and other appropriate societal issues related to engineering biology including-- (I) an applied biorisk management research plan; (II) recommendations for integrating security into biological data access and international reciprocity agreements; (III) recommendations for manufacturing restructuring to support engineering biology research, development, and scaling-up initiatives; and (IV) an evaluation of existing biosecurity governance policies, guidance, and directives for the purposes of creating an adaptable, evidence-based framework to respond to emerging biosecurity challenges created by advances in engineering biology; (iv) how the Initiative will contribute to moving results out of the laboratory and into application for the benefit of society and United States competitiveness; and (v) how the Initiative will measure and track the contributions of engineering biology to United States economic growth and other societal indicators; (4) develop a national genomic sequencing strategy to ensure engineering biology research fully leverages plant, animal, and microbe biodiversity, as appropriate and in a manner that does not compromise national security or the privacy or security of human genetic information, to enhance long-term innovation and competitiveness in engineering biology in the United States; (5) develop a plan to utilize Federal programs, such as the Small Business Innovation Research Program and the Small Business Technology Transfer Program as described in section 9 of the Small Business Act (15 U.S.C. 638), in support of the activities described in section 4(b)(3); and (6) in carrying out this section, take into consideration the recommendations of the advisory committee established under section 6, the results of the workshop convened under section 7, existing reports on related topics, and the views of academic, State, industry, and other appropriate groups. (b) Triennial Report.--Beginning with fiscal year 2022 and ending in fiscal year 2028, not later than 90 days after submission of the President's annual budget request and every third fiscal year thereafter, the Interagency Committee shall prepare and submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes-- (1) a summarized agency budget in support of the Initiative for the fiscal year to which such budget request applies, for the following 2 fiscal years, for the then current fiscal year, including a breakout of spending for each agency participating in the Program, and for the development and acquisition of any research facilities and instrumentation; and (2) an assessment of how Federal agencies are implementing the plan described in subsection (a)(3), including-- (A) a description of the amount and number of awards made under the Small Business Innovation Research Program and the Small Business Technology Transfer Program (as described in section 9 of the Small Business Act (15 U.S.C. 638)) in support of the Initiative; (B) a description of the amount and number of projects funded under joint solicitations by a collaboration of no fewer than 2 agencies participating in the Initiative; and (C) a description of the effect of the newly funded projects by the Initiative. (c) Initiative Office.-- (1) In general.--The President shall establish an Initiative Coordination Office, with a Director and full-time staff, which shall-- (A) provide technical and administrative support to the interagency committee and the advisory committee established under section 6; (B) serve as the point of contact on Federal engineering biology activities for government organizations, academia, industry, professional societies, State governments, interested citizen groups, and others to exchange technical and programmatic information; (C) oversee interagency coordination of the Initiative, including by encouraging and supporting joint agency solicitation and selection of applications for funding of activities under the Initiative, as appropriate; (D) conduct public outreach, including dissemination of findings and recommendations of the advisory committee established under section 6, as appropriate; (E) serve as the coordinator of ethical, legal, environmental, safety, security, and other appropriate societal input; and (F) promote access to, and early application of, the technologies, innovations, and expertise derived from Initiative activities to agency missions and systems across the Federal Government, and to United States industry, including startup companies. (2) Funding.--The Director of the Office of Science and Technology Policy, in coordination with each participating Federal department and agency, as appropriate, shall develop and annually update an estimate of the funds necessary to carry out the activities of the Initiative Coordination Office and submit such estimate with an agreed summary of contributions from each agency to Congress as part of the President's annual budget request to Congress. (3) Termination.--The Initiative Coordination Office established under this subsection shall terminate on the date that is 10 years after the date of the enactment of this Act. (d) Rule of Construction.--Nothing in this section shall be construed to alter the policies, processes, or practices of individual Federal agencies in effect on the day before the date of the enactment of this Act relating to the conduct of biomedical research and advanced development, including the solicitation and review of extramural research proposals. SEC. 6. ADVISORY COMMITTEE. (a) In General.--The agency co-chair of the interagency committee established in section 5 shall, in consultation with the Office of Science and Technology Policy, designate or establish an advisory committee on engineering biology research and development (in this section referred to as the ``advisory committee'') to be composed of not fewer than 12 members, including representatives of research and academic institutions, industry, and nongovernmental entities, who are qualified to provide advice on the Initiative. (b) Assessment.--The advisory committee shall assess-- (1) the current state of United States competitiveness in engineering biology, including the scope and scale of United States investments in engineering biology research and development in the international context; (2) current market barriers to commercialization of engineering biology products, processes, and tools in the United States; (3) progress made in implementing the Initiative; (4) the need to revise the Initiative; (5) the balance of activities and funding across the Initiative; (6) whether the strategic plan developed or updated by the interagency committee established under section 5 is helping to maintain United States leadership in engineering biology; (7) the management, coordination, implementation, and activities of the Initiative; and (8) whether ethical, legal, environmental, safety, security, and other appropriate societal issues are adequately addressed by the Initiative. (c) Reports.--Beginning not later than 2 years after the date of enactment of this Act, and not less frequently than once every 3 years thereafter, the advisory committee shall submit to the President, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, a report on-- (1) the findings of the advisory committee's assessment under subsection (b); and (2) the advisory committee's recommendations for ways to improve the Initiative. (d) Application of Federal Advisory Committee Act.--Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee. (e) Termination.--The advisory committee established under subsection (a) shall terminate on the date that is 10 years after the date of the enactment of this Act. SEC. 7. EXTERNAL REVIEW OF ETHICAL, LEGAL, ENVIRONMENTAL, SAFETY, SECURITY, AND SOCIETAL ISSUES. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Director of the National Science Foundation shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to conduct a review, and make recommendations with respect to, the ethical, legal, environmental, safety, security, and other appropriate societal issues related to engineering biology research and development. The review shall include-- (1) an assessment of the current research on such issues; (2) a description of the research gaps relating to such issues; (3) recommendations on how the Initiative can address the research needs identified pursuant to paragraph (2); and (4) recommendations on how researchers engaged in engineering biology can best incorporate considerations of ethical, legal, environmental, safety, security, and other societal issues into the development of research proposals and the conduct of research. (b) Report to Congress.--The agreement entered into under subsection (a) shall require the National Academies of Sciences, Engineering, and Medicine to, not later than 2 years after the date of the enactment of this Act-- (1) submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the findings and recommendations of the review conducted under subsection (a); and (2) make a copy of such report available on a publicly accessible website. SEC. 8. AGENCY ACTIVITIES. (a) National Science Foundation.--As part of the Initiative, the National Science Foundation shall-- (1) support basic research in engineering biology through individual grants, collaborative grants, and through interdisciplinary research centers; (2) support research on the environmental, legal, ethical, and social implications of engineering biology; (3) provide support for research instrumentation for engineering biology disciplines, including support for research, development, optimization and validation of novel technologies to enable the dynamic study of molecular processes in situ; (4) support curriculum development and research experiences for secondary, undergraduate, and graduate students in engineering biology and biomanufacturing; and (5) award grants, on a competitive basis, to enable institutions to support graduate students and postdoctoral fellows who perform some of their engineering biology research in an industry setting. (b) Department of Commerce.--As part of the Initiative, the Director of the National Institute of Standards and Technology shall-- (1) establish a bioscience research program to advance the development of standard reference materials and measurements and to create new data tools, techniques, and processes necessary to advance engineering biology and biomanufacturing; (2) provide access to user facilities with advanced or unique equipment, services, materials, and other resources to industry, institutions of higher education, nonprofit organizations, and government agencies to perform research and testing; and (3) provide technical expertise to inform the potential development of guidelines or safeguards for new products, processes, and systems of engineering biology. (c) Department of Energy.--As part of the Initiative, the Secretary of Energy shall-- (1) conduct and support research, development, demonstration, and commercial application activities in engineering biology, including in the areas of synthetic biology, advanced biofuel development, biobased materials, and environmental remediation; (2) support the development, optimization and validation of novel, scalable tools and technologies to enable the dynamic study of molecular processes in situ; and (3) provide access to user facilities with advanced or unique equipment, services, materials, and other resources, including secure access to high-performance computing, as appropriate, to industry, institutions of higher education, nonprofit organizations, and government agencies to perform research and testing. (d) Department of Defense.--As part of the Initiative, the Secretary of Defense shall-- (1) conduct and support research and development in engineering biology and associated data and information sciences; (2) support curriculum development and research experiences in engineering biology and associated data and information sciences across the military education system, to include service academies, professional military education, and military graduate education; and (3) assess risks of potential national security and economic security threats relating to engineering biology. (e) National Aeronautics and Space Administration.--As part of the Initiative, the National Aeronautics and Space Administration shall-- (1) conduct and support basic and applied research in engineering biology, including in synthetic biology, and related to Earth and space sciences, aeronautics, space technology, and space exploration and experimentation, consistent with the priorities established in the National Academies' decadal surveys; and (2) award grants, on a competitive basis, that enable institutions to support graduate students and postdoctoral fellows who perform some of their engineering biology research in an industry setting. (f) Department of Agriculture.--As part of the Initiative, the Secretary of Agriculture shall-- (1) support research and development in engineering biology, including in synthetic biology and biomaterials; (2) award grants through the National Institute of Food and Agriculture; and (3) support development conducted by the Agricultural Research Service. (g) Environmental Protection Agency.--As part of the Initiative, the Environmental Protection Agency shall support research on how products, processes, and systems of engineering biology will affect or can protect the environment. (h) Department of Health and Human Services.--As part of the Initiative, the Secretary of Health and Human Services, as appropriate and consistent with activities of the Department of Health and Human Services in effect on the day before the date of the enactment of this Act, shall-- (1) support research and development to advance the understanding and application of engineering biology for human health; (2) support relevant interdisciplinary research and coordination; and (3) support activities necessary to facilitate oversight of relevant emerging biotechnologies. SEC. 9. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to require public disclosure of information that is exempt from mandatory disclosure under section 552 of title 5, United States Code. <all>

Bioeconomy Research and Development Act of 2021

A bill to provide for a coordinated Federal research initiative to ensure continued United States leadership in engineering biology.

Bioeconomy Research and Development Act of 2021

Sen. Markey, Edward J.

D

MA

H.R.5575

Armed Forces and National Security

Department of Veterans Affairs Nurse and Physician Assistant Retention and Income Security Enhancement Act or the VA Nurse and Physician Assistant RAISE Act This bill increases the maximum rate of basic pay for advanced practice nurses, physician assistants, and registered nurses of the Department of Veterans Affairs.

To amend title 38, United States Code, to increase the rate of pay for certain nurses and other medical positions of the Department of Veterans Affairs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Nurse and Physician Assistant Retention and Income Security Enhancement Act'' or the ``VA Nurse and Physician Assistant RAISE Act''. SEC. 2. PAY FOR NURSES AND CERTAIN OTHER MEDICAL POSITIONS OF THE DEPARTMENT OF VETERANS AFFAIRS. Section 7451 of title 38, United States Code, is amended-- (1) in subsection (a)(2)(C), by striking ``and physician assistant'' and inserting ``physician assistant, and podiatrist''; and (2) in subsection (c), by striking paragraph (2) and inserting the following: ``(2) The maximum rate of basic pay for any grade for a covered position may not exceed-- ``(A) in the case of an advanced practice nurse, the maximum rate of basic pay established for positions in level I of the Executive Schedule under section 5312 of title 5; ``(B) in the case of a physician assistant, the maximum rate of basic pay established for positions in level I of the Executive Schedule under section 5312 of title 5; ``(C) in the case of a registered nurse, the maximum rate of basic pay established for positions in level II of the Executive Schedule under section 5313 of title 5; and ``(D) in the case of any other covered position, the maximum rate of basic pay established for positions in level IV of the Executive Schedule under section 5315 of title 5.''. <all>

VA Nurse and Physician Assistant RAISE Act

To amend title 38, United States Code, to increase the rate of pay for certain nurses and other medical positions of the Department of Veterans Affairs, and for other purposes.

Department of Veterans Affairs Nurse and Physician Assistant Retention and Income Security Enhancement Act VA Nurse and Physician Assistant RAISE Act

Rep. Underwood, Lauren

D

IL

S.1095

Armed Forces and National Security

Colonel John M. McHugh Tuition Fairness for Survivors Act of 2021 This bill requires the Department of Veterans Affairs to disapprove courses of education provided by public institutions of higher learning if such institutions charge a higher rate for tuition and fees than in-state tuition for individuals who are entitled to educational assistance under the Survivors' and Dependents' Educational Assistance program.

[117th Congress Public Law 68] [From the U.S. Government Publishing Office] [[Page 135 STAT. 1493]] Public Law 117-68 117th Congress An Act To amend title 38, United States Code, to provide for the disapproval by the Secretary of Veterans Affairs of courses of education offered by public institutions of higher learning that do not charge veterans the in-State tuition rate for purposes of Survivors' and Dependents' Educational Assistance Program, and for other purposes. <<NOTE: Nov. 30, 2021 - [S. 1095]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Colonel John M. McHugh Tuition Fairness for Survivors Act of 2021. 38 USC 101 note.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Colonel John M. McHugh Tuition Fairness for Survivors Act of 2021''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS DISAPPROVAL OF COURSES OFFERED BY PUBLIC INSTITUTIONS OF HIGHER LEARNING THAT DO NOT CHARGE VETERANS THE IN- STATE TUITION RATE FOR PURPOSES OF SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE PROGRAM. (a) In General.--Section 3679(c) of title 38, United States Code, is amended-- (1) in paragraph (1), by striking ``or 33'' and inserting ``33, or 35''; (2) in paragraph (2), by adding at the end the following new subparagraph: ``(D) An individual who is entitled to assistance under section 3510 of this title.''; and (3) in paragraph (6), by striking ``and 33'' and inserting ``33, and 35''. (b) Conforming Amendments.--Section 3679(e) of such title is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``or 33'' and inserting ``, 33, or 35''; and (B) in subparagraph (B), by striking ``or 33'' and inserting ``33, or 35''; and (2) in paragraph (2), by striking ``or 33'' and inserting ``33, or 35''. [[Page 135 STAT. 1494]] (c) <<NOTE: Applicability. Time period. 38 USC 3679 note.>> Effective Date.--The amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply with respect to an academic period that begins on or after August 1, 2022. Approved November 30, 2021. LEGISLATIVE HISTORY--S. 1095: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 167 (2021): June 24, considered and passed Senate. Nov. 15, considered and passed House. DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021): Nov. 30, Presidential remarks. <all>

Colonel John M. McHugh Tuition Fairness for Survivors Act of 2021

A bill to amend title 38, United States Code, to provide for the disapproval by the Secretary of Veterans Affairs of courses of education offered by public institutions of higher learning that do not charge veterans the in-State tuition rate for purposes of Survivors' and Dependents' Educational Assistance Program, and for other purposes.

Colonel John M. McHugh Tuition Fairness for Survivors Act of 2021 Colonel John M. McHugh Tuition Fairness for Survivors Act of 2021 Colonel John M. McHugh Tuition Fairness for Survivors Act of 2021

Sen. Moran, Jerry

R

KS

H.R.1300

Transportation and Public Works

Infrastructure Expansion Act of 2021 This bill precludes absolute liability in any action against a property owner or contractor for projects that are federally owned or operated or are receiving federal financial assistance for infrastructure and transportation development for any injury associated with an elevation- or gravity-related risk occurring on those projects. In any such claim, a state shall apply a liability standard that considers the comparative negligence of the injured person, when such negligence is a proximate cause of an injury.

To preclude absolute liability in any action against a property owner or contractor for projects receiving Federal financial assistance for infrastructure and transportation development, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Infrastructure Expansion Act of 2021''. SEC. 2. PRESERVATION OF FEDERAL FINANCIAL ASSISTANCE FOR INFRASTRUCTURE AND TRANSPORTATION DEVELOPMENT. (a) No Absolute Liability on Projects Receiving Federal Financial Assistance.--For any project for which Federal financial assistance is used, directly or indirectly, no action on the basis of absolute liability may be instituted by a covered person against a property owner or a party to a contract relating to the property that is the subject of the project for any injury associated with an elevation or gravity related risk occurring on that project. For any project for which Federal financial assistance is used, a State shall, for any claim brought by a covered person otherwise available against a property owner or contractor for any injury associated with an elevation or gravity related risk, apply a comparative negligence liability standard that considers the comparative negligence of the injured person, when such negligence is a proximate cause of an injury to a person. (b) Definitions.--In this section: (1) The term ``absolute liability'' means liability for a personal injury or death that is imposed without consideration of the responsibility of the injured person, including failure to follow safety instructions or safe work practices in accordance with training provided, failure to utilize provided safety equipment or devices, impairment by the use of drugs or alcohol, or involvement in a criminal act, when such failure, impairment, or act is a proximate cause of an injury to such person. (2) The term ``covered person'' means any person who supervises or performs any work on or who is otherwise affiliated with a project. (3) The term ``elevation or gravity related risk'' means a hazard related to the effects of gravity either due to the difference between the elevation level of the required work and a lower level or a difference between the elevation level where the worker is positioned and the higher level of the materials or load being hoisted or secured. (4) The term ``project'' means the erection, demolition, repairing, altering, painting, cleaning or pointing of a highway, bridge, tunnel, airport, railway, bus or railroad station, depot, pier, building, or any other structure owned or operated by the Federal Government or for which Federal financial assistance is used. (5) The term ``State'' includes a port authority, transit agency, public toll authority, metropolitan planning organization, or other political subdivision of a State or local government. (c) Workers' Compensation Laws.--Nothing in this section shall be construed to preempt any law of a State providing for workers' compensation. (d) Effective Date.--This section applies to claims arising from projects in which a State or local government accepts Federal financial assistance on or after January 1, 2021. <all>

Infrastructure Expansion Act of 2021

To preclude absolute liability in any action against a property owner or contractor for projects receiving Federal financial assistance for infrastructure and transportation development, and for other purposes.

Infrastructure Expansion Act of 2021

Rep. Jacobs, Chris

R

NY