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S.1799

Armed Forces and National Security

Professionalizing the Sexual Assault Response Coordinator Act of 2021 This bill requires the Department of Defense (DOD) to submit a report on establishing a Sexual Assault Response Coordinator (SARC) Military Occupational Specialty (MOS). The report must include a recommendation on the required rank and experience of a SARC MOS. DOD must brief the congressional defense committees on the report.

To professionalize the position of Sexual Assault Response Coordinator in the military, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Professionalizing the Sexual Assault Response Coordinator Act of 2021''. SEC. 2. SEXUAL ASSAULT RESPONSE COORDINATOR MILITARY OCCUPATIONAL SPECIALTY. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the optimal execution of a Sexual Assault Response Coordinator (SARC) Military Occupational Specialty (MOS). (b) Elements.--The report required under subsection (a) shall include the following elements: (1) A recommendation on the required rank and experience of a SARC MOS. (2) Recommendations for strengthening recruitment and retention of members of the Armed Forces of the required rank and experience identified under paragraph (1), including-- (A) designating SARC as a secondary MOS instead of a primary MOS; (B) providing initial or recurrent bonuses or duty stations of choice to service members who qualify for the SARC MOS; (C) limiting the amount of time that a service member who has qualified for the SARC MOS can serve as a SARC in a given period of time; or (D) requiring evaluations for service members who have qualified for the SARC MOS and are serving as a SARC to be completed by an officer of the rank of O-6 or higher. (3) Recommendations for standardizing training and education for service members seeking a SARC MOS or serving as a SARC, including by institutionalizing relevant academies for each of the services. (4) An analysis of the impact of a SARC MOS on the talent management of the existing SARC program, including recruitment and retention. (5) An analysis of the requirements for a SARC-specific chain of command. (6) A plan to execute a SARC MOS within two years. (7) Analysis of the cost of a SARC MOS program. (8) Any other matter the Secretary of Defense considers relevant for inclusion. (c) Briefing.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide the congressional defense committees a briefing on the report required under subsection (a). <all>

Professionalizing the Sexual Assault Response Coordinator Act of 2021

A bill to professionalize the position of Sexual Assault Response Coordinator in the military, and for other purposes.

Professionalizing the Sexual Assault Response Coordinator Act of 2021

Sen. Hawley, Josh

R

MO

H.R.4479

Health

Facilitating Innovative Nuclear Diagnostics Act of 2021 This bill establishes separate payment requirements for diagnostic radiopharmaceuticals under the Medicare prospective payment system for hospital outpatient department services. The bill's requirements apply to diagnostic radiopharmaceuticals that have an average daily cost of $500 or more in 2022 and as adjusted based on a specified fee schedule factor in each year thereafter.

To amend title XVIII of the Social Security Act to ensure equitable payment for, and preserve Medicare beneficiary access to, diagnostic radiopharmaceuticals under the Medicare hospital outpatient prospective payment system. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Facilitating Innovative Nuclear Diagnostics Act of 2021''. SEC. 2. SEPARATE PAYMENT FOR CERTAIN DIAGNOSTIC RADIOPHARMACEUTICALS. (a) In General.--Section 1833(t)(16) of the Social Security Act (42 U.S.C. 1395(t)(16)) is amended by adding at the end the following new subparagraph: ``(G) Separate payment for certain diagnostic radiopharmaceuticals.-- ``(i) In general.--Notwithstanding any other provision of this subsection, with respect to services furnished on or after January 1, 2022, the Secretary shall not package, and shall make a separate payment as specified in clause (ii) for a diagnostic radiopharmaceutical (as defined in clause (v)) with an estimated mean per day product cost equal to or exceeding the threshold specified in clause (iii). ``(ii) Separate payment.--For purposes of clause (i), the separate payment specified in this subclause for a diagnostic radiopharmaceutical described in clause (i) shall be equal to-- ``(I) the average sales price for the drug established under section 1847A, to the extent the average sales price is available, as calculated and adjusted by the Secretary to the extent such adjustment is adopted for other specified covered outpatient drugs under paragraph (14)(A); or ``(II) if the data necessary to calculate the average sales price for the drug in the year under the section and paragraph specified in subclause (I) is not available, the wholesale acquisition cost (as defined in subsection 1847A(c)(6)(B)), as calculated and adjusted by the Secretary to the extent such adjustment is adopted for other specified covered outpatient drugs under paragraph (14)(A), or, if the wholesale acquisition cost is not available, the mean unit cost data derived from hospital claims data. Nothing in this subparagraph shall be construed as affecting eligibility of diagnostic radiopharmaceuticals for pass-through payments under paragraph (6). ``(iii) Threshold.--For purposes of this subparagraph, the threshold specified in this clause-- ``(I) for 2022, is $500; and ``(II) for a subsequent year, is the amount specified in this clause for the preceding year increased by the OPD fee schedule increase factor under paragraph (3)(C)(iv) for the year. ``(iv) Budget neutrality.--The Secretary shall make such adjustments as are necessary under paragraph (9)(B) to ensure that the amount of expenditures under this subsection for a year with application of this subparagraph is equal to the amount of expenditures that would be made under this subsection for such year without application of this subparagraph. ``(v) Definition of diagnostic radiopharmaceutical.--For purposes of this subparagraph, the term `diagnostic radiopharmaceutical' means a drug or biological that is described in section 315.2(a) of title 21, Code of Federal Regulations, or any successor regulation, and is approved by the Food and Drug Administration on or after January 1, 2008.''. (b) No Impact on Copayment.--Section 1833(t)(8)(E) of the Social Security Act (42 U.S.C. 1395l(t)(8)(E)) is amended-- (1) in the heading, by inserting ``and separate payments for certain diagnostic radiopharmaceuticals'' after ``pass- through adjustments''; and (2) by inserting ``and paragraph (16)(G)'' after ``such adjustments)''. <all>

Facilitating Innovative Nuclear Diagnostics Act of 2021

To amend title XVIII of the Social Security Act to ensure equitable payment for, and preserve Medicare beneficiary access to, diagnostic radiopharmaceuticals under the Medicare hospital outpatient prospective payment system.

Facilitating Innovative Nuclear Diagnostics Act of 2021

Rep. Peters, Scott H.

D

CA

H.R.9141

Immigration

Visitor Visa Wait Time Reduction Act This bill requires the Department of State to report to Congress on the average waiting time to get a visitor visa interview at each diplomatic or consular post.  For each post where the average waiting time is longer than 300 days, the State Department must temporarily reassign personnel at that post to shorten the waiting time.

To reduce appointment wait times for certain nonimmigrant visas known as visitor visas, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Visitor Visa Wait Time Reduction Act''. SEC. 2. REPORT AND REASSIGNMENT OF PERSONNEL FOR EXCESSIVE VISITOR VISA WAIT TIMES. (a) Report Required.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that includes-- (1) a list of each diplomatic and consular post at which the average waiting period, beginning on the date an individual submits an application for a nonimmigrant visa under section 101(a)(15)(B) of the Immigration and Nationality Act (8 U.S.C. 1101) (commonly referred to as a ``visitor visa'') and the date such individual is granted an interview for such a visa, exceeds 100 days; and (2) an explanation of the concrete steps taken at each such post in order to reduce such average waiting period. (b) Reassignment of Personnel.--With respect to any diplomatic or consular posts at which the average waiting period described in subsection (a)(1) exceeds 300 days, the Secretary of State shall, as appropriate, temporarily reassign appropriate personnel of the Department of State to directly assist consular staff at such posts in order to reduce such average waiting period. <all>

Visitor Visa Wait Time Reduction Act

To reduce appointment wait times for certain nonimmigrant visas known as visitor visas, and for other purposes.

Visitor Visa Wait Time Reduction Act

Rep. Salazar, Maria Elvira

R

FL

H.R.4474

Transportation and Public Works

Building Rail Across Intercity Networks To Ride Around Interior of the Nation Act or the BRAIN TRAIN Act This bill directs the Department of Transportation (DOT) to establish an intercity passenger rail service investment program to promote high-performance rail transportation options. DOT may award competitive grants under the program to finance capital projects for high-performance rail, including grants awarded in installments for projects lasting longer than one year. In awarding grants, DOT must select high-performance rail projects (1) that are anticipated to result in significant improvements to intercity rail passenger service, (2) for which there is a high degree of confidence that the proposed projects are feasible and will result in the anticipated benefits, and (3) for which the level of the anticipated benefits compares favorably to the amount of federal funding requested. The federal share of the cost of a capital project shall not exceed 90% of the project's net capital cost.

To establish an intercity passenger rail service investment grant program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLES. This Act may be cited as the ``Building Rail Across Intercity Networks To Ride Around Interior of the Nation Act'' or the ``BRAIN TRAIN Act''. SEC. 2. ESTABLISHMENT OF GRANT PROGRAM FOR HIGH-PERFORMANCE INTERCITY PASSENGER RAIL SERVICE. (a) In General.--Chapter 261 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 26107. Intercity passenger rail service investment program ``(a) Definitions.--In this section: ``(1) Applicant.--The term `applicant' means Amtrak or a State, group of States, interstate compact, or public agency established by 1 or more States with responsibility for providing intercity passenger rail service. ``(2) Capital project.--The term `capital project' means a project or program in a State rail plan developed under chapter 227 for-- ``(A) acquiring, constructing, improving, or inspecting equipment, track, and track structures, or a facility of use in or for the primary benefit of intercity passenger rail service; ``(B) expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, environmental studies, and acquiring active or out of service rights-of-way); and ``(C) payments for the capital portions of rail trackage rights agreements, highway-rail grade crossing improvements related to intercity passenger rail service, mitigating environmental impacts, communication and signalization improvements, relocation assistance, acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing. ``(3) High-performance rail.--The term `high-performance rail' means intercity passenger rail service that is designed to meet the current and future market demand for the transportation of people, in terms of capacity, travel times, reliability, and efficiency. ``(4) Intercity passenger rail service.--The term `intercity passenger rail service' has the meaning given the term `intercity rail passenger transportation' in section 24102. ``(5) Secretary.--The term `Secretary' means the Secretary of Transportation. ``(6) State.--The term `State' means any of the 50 States or the District of Columbia. ``(b) Establishment.-- ``(1) In general.--The Secretary shall establish an intercity passenger rail service investment program to promote high-performance rail transportation options. ``(2) Grants authorized.--The Secretary may award grants under this section to an applicant to finance capital projects for high-performance rail, including grants awarded in installments for projects lasting longer than 1 year. ``(c) Applications.--Each applicant seeking a grant under this section shall submit an application to the Secretary in such form and containing such information as the Secretary shall reasonably require. ``(d) Competitive Grant Selection and Criteria for Grants.-- ``(1) In general.--The Secretary shall-- ``(A) establish criteria for selecting among capital projects that meet the criteria specified in paragraph (2); ``(B) conduct a national solicitation for applications; and ``(C) award grants on a competitive basis. ``(2) Grant criteria.--In selecting the recipients of intercity passenger rail grants under subsection (b)(2), the Secretary shall-- ``(A) require-- ``(i) the project to be part of a State rail plan developed under chapter 227, or under the plan required under section 211 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24902 note); ``(ii) the applicant or recipient to have the legal, financial, and technical capacity to carry out the project, satisfactory continuing control over the use of the equipment or facilities, and the capability and willingness to maintain the equipment or facilities; ``(iii) the project to be based on the results of preliminary engineering studies or other planning; ``(iv) the applicant to provide sufficient information upon which the Secretary can make the findings required under this subsection; ``(v) if an applicant has selected the proposed operator of its service, the applicant to provide written justification to the Secretary showing why the proposed operator is the best, taking into account costs and other factors; ``(vi) each proposed project to meet all safety and security requirements that are applicable to the project under law; and ``(vii) each project to be compatible with, and operated in conformance with-- ``(I) plans developed pursuant to the requirements under section 135 of title 23; and ``(II) the national rail plan (if available); ``(B) select high-performance rail projects-- ``(i) that are anticipated to result in significant improvements to intercity rail passenger service, including consideration of the project's-- ``(I) levels of estimated ridership, increased on-time performance, reduced trip time, or additional service frequency to meet anticipated or existing demand; ``(II) anticipated provision of intercity passenger rail service in historically and persistently unconnected and under-connected regions; and ``(III) anticipated favorable impact on air or highway traffic congestion, capacity, or safety; ``(ii) for which there is a high degree of confidence that the proposed project is feasible and will result in the anticipated benefits, as indicated by-- ``(I) the project's precommencement compliance with environmental protection requirements; ``(II) the readiness of the project to be commenced; and ``(III) other relevant factors determined by the Secretary; and ``(iii) for which the level of the anticipated benefits compares favorably to the amount of Federal funding requested under this section; and ``(C) give greater consideration to projects that-- ``(i) are anticipated to result in benefits to other modes of transportation and to the public at large, including consideration of the project's-- ``(I) encouragement of intermodal connectivity through provision of direct connections between train and transit stations, airports, bus terminals, subway stations, ferry ports, and other modes of transportation; ``(II) anticipated improvement of conventional intercity passenger, freight, or commuter rail operations; ``(III) use of positive train control technologies; ``(IV) environmental benefits, including projects that involve the purchase of environmentally sensitive, fuel-efficient or electrified, and cost-effective passenger rail equipment; ``(V) anticipated reduction of greenhouse gas emissions; ``(VI) anticipated improvement of air quality and public health; ``(VII) anticipated positive economic and employment impacts, including development in the areas near passenger stations, historic districts, or other opportunity zones; ``(VIII) encouragement of State and private contributions toward station development, energy and environmental efficiency, and economic benefits; and ``(IX) provision of enhanced access for persons with disabilities to intercity passenger rail service; and ``(ii) incorporate equitable financial participation in the project's financing, including consideration of-- ``(I) donated or discounted interests in real or personal property; ``(II) donated services; ``(III) financial contributions by intercity passenger, freight, and commuter rail carriers commensurate with the benefit expected to their operations; ``(IV) financial commitments from host railroads, non-Federal governmental entities, nongovernmental entities, and others; and ``(V) Federal loans, including loans under title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.). ``(3) Grant conditions.--The Secretary shall require each recipient of a grant under this chapter to comply with the grant requirements under section 22905. ``(4) State rail plans.--State rail plans completed before the date of enactment of the Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 110-432) that substantially meet the requirements of chapter 227 of this title, as determined by the Secretary pursuant to section 22706, shall be deemed by the Secretary to have met the requirements of paragraph (2)(A)(i). ``(e) Federal Share.-- ``(1) In general.--The Federal share of the cost of a capital project financed under this section shall not exceed 90 percent of the project's net capital cost. ``(2) In-kind match.--The fair market value of in-kind contributions to a capital project financed under this section shall be treated as non-Federal matching funds for purposes of paragraph (1). ``(3) Loans.--The value of any Federal loans paid back with non-Federal funds shall be treated as non-Federal matching funds for purposes of paragraph (1). ``(f) Issuance of Regulations.--Not later than 1 year after the date of the enactment of this section, the Secretary shall issue regulations to carry out this section. ``(g) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to the Secretary to carry out this section $5,000,000,000 for each of the fiscal years 2022 through 2026. ``(2) Availability of funds.--Any amounts appropriated for a fiscal year pursuant to paragraph (1) that remain unobligated at the end of such fiscal year shall be made available for eligible projects in the following fiscal year.''. (b) Clerical Amendment.--The chapter analysis for chapter 261 of title 49, United States Code, is amended by adding at the end the following: ``26107. Intercity passenger rail service investment program.''. <all>

BRAIN TRAIN Act

To establish an intercity passenger rail service investment grant program.

BRAIN TRAIN Act Building Rail Across Intercity Networks To Ride Around Interior of the Nation Act

Rep. McGovern, James P.

D

MA

H.R.2100

Transportation and Public Works

Providing Americans with LNG Safely Act or the PALS Act This bill prohibits the Department of Transportation (DOT) from issuing any regulation or order that (1) prohibits the transportation of liquefied natural gas (LNG) by rail, or (2) restricts the transportation of LNG by rail in DOT-113 tank cars. The bill does not limit the authority of DOT to issue short-term emergency orders related to the transportation of LNG by rail.

To prohibit the Secretary of Transportation from prohibiting the transportation of liquefied natural gas by rail, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Providing Americans with LNG Safely Act'' or the ``PALS Act''. SEC. 2. LIQUEFIED NATURAL GAS BY RAIL. (a) In General.--The Secretary of Transportation may not issue any regulation or long-term order that-- (1) prohibits the transportation of ``methane, refrigerated liquid,'', commonly known as liquefied natural gas (LNG), by rail; or (2) restricts or contracts the scope of allowance provided by the final rule of the Pipeline and Hazardous Materials Safety Administration, titled ``Hazardous Materials: Liquefied Natural Gas by Rail'' and published in the Federal Register on July 24, 2020 (85 Fed. Reg. 44994). (b) Rule of Construction.--Nothing in this section shall be construed to limit the authority of the Secretary of Transportation from issuing short-term emergency orders related to the transportation of liquefied natural gas by rail. <all>

Providing Americans with LNG Safely Act

To prohibit the Secretary of Transportation from prohibiting the transportation of liquefied natural gas by rail, and for other purposes.

Providing Americans with LNG Safely Act

Rep. Nehls, Troy E.

R

TX

H.R.8114

Armed Forces and National Security

Military Family Protection from Debt Act This bill expands eligibility for certain debt protections under the Servicemembers Civil Relief Act to the dependents of members of the Armed Forces.

To amend the Servicemembers Civil Relief Act to expand certain protections to dependents of members of the Armed Forces. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Family Protection from Debt Act''. SEC. 2. MAXIMUM RATE OF INTEREST ON DEBTS INCURRED BEFORE MILITARY SERVICE APPLICABLE TO MILITARY DEPENDENTS. Section 207 of the Servicemembers Civil Relief Act (50 U.S.C. 3937) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``or the servicemember and the servicemember's spouse jointly'' and inserting ``a dependent of the servicemember, or such a dependent and the servicemember jointly''; and (B) in paragraph (3), by inserting ``or a dependent of the servicemember'' after ``due from a servicemember''; (2) in subsection (b)(1)-- (A) in the paragraph heading, by inserting ``and dependency'' after ``military service''; (B) in subparagraph (A)-- (i) by striking ``of the servicemember''; (ii) by striking clause (i) and inserting the following: ``(i) military orders indicating the current, future, or past military duty status of the servicemember; or''; and (iii) in clause (ii), by inserting ``or a certificate from the Defense Manpower Data Center'' before the period at the end; (C) by redesignating subparagraph (B) as subparagraph (C); and (D) by inserting the following after subparagraph (A): ``(B) Dependents.--In addition to providing proof of military service under subparagraph (A), dependents of servicemembers shall provide documentation that indicates the dependency status of the dependent at the time the debt or obligation was incurred and continuing until the servicemember entered military service. Such documentation may include a marriage certificate, birth certificate, or any other appropriate indicator of dependency status.''; and (3) in subsection (c), by inserting ``, dependent, or both, as the case may be,'' after ``ability of the servicemember''. <all>

Military Family Protection from Debt Act

To amend the Servicemembers Civil Relief Act to expand certain protections to dependents of members of the Armed Forces.

Military Family Protection from Debt Act

Rep. Kim, Andy

D

NJ

S.612

Armed Forces and National Security

Improving Housing Outcomes for Veterans Act of 2021 This bill requires the Veterans Health Administration (VHA) to provide medical center staff and homelessness service providers of the Department of Veterans Affairs (VA) with information related to best practices for the collaboration on centralized or coordinated assessment systems established and operated by Continuums of Care. The VA must also ensure that the information and related resources are accessible to VA medical center staff and homelessness service providers. Additionally, the bill requires the VHA to communicate with VA employees who have responsibilities related to homelessness assistance programs regarding (1) the measurement of performance by the VA's Homeless Program Office, and (2) how to obtain and provide feedback about the performance measures.

To require the Under Secretary for Health of the Department of Veterans Affairs to provide certain information to medical center staff and homelessness service providers of the Department regarding the coordinated entry processes for housing and services operated under the Continuum of Care Program of the Department of Housing and Urban 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 ``Improving Housing Outcomes for Veterans Act of 2021''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS SHARING OF INFORMATION RELATING TO COORDINATED ENTRY PROCESSES FOR HOUSING AND SERVICES OPERATED UNDER DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CONTINUUM OF CARE PROGRAM. (a) In General.--The Under Secretary for Health of the Department of Veterans Affairs shall-- (1) provide to staff of medical centers of the Department of Veterans Affairs and homelessness service providers of the Department the information described in subsection (b); and (2) ensure that such information, and other resources the Under Secretary determines are appropriate, are accessible to such staff and providers. (b) Information Described.--The information described in this subsection is information related to best practices with respect to the collaboration between medical centers of the Department of Veterans Affairs, homelessness service providers of the Department, and local partners (including local offices of the Department of Housing and Urban Development or public housing agencies, and private and public local community organizations) on the centralized or coordinated assessment systems established and operated by Continuums of Care under section 578.7(a)(8) of title 24, Code of Federal Regulations, including making referrals and sharing data, as the Under Secretary determines appropriate. SEC. 3. DEPARTMENT OF VETERANS AFFAIRS COMMUNICATION WITH EMPLOYEES RESPONSIBLE FOR HOMELESSNESS ASSISTANCE PROGRAMS. The Under Secretary for Health of the Department of Veterans Affairs shall clearly communicate with employees of the Department of Veterans Affairs whose responsibilities are related to homelessness assistance programs regarding-- (1) the measurement of performance of such programs by the Homeless Programs Office of the Department; and (2) how to obtain and provide feedback about performance measures. <all>

Improving Housing Outcomes for Veterans Act of 2021

A bill to require the Under Secretary for Health of the Department of Veterans Affairs to provide certain information to medical center staff and homelessness service providers of the Department regarding the coordinated entry processes for housing and services operated under the Continuum of Care Program of the Department of Housing and Urban Development, and for other purposes.

Improving Housing Outcomes for Veterans Act of 2021

Sen. Portman, Rob

R

OH

S.1756

Science, Technology, Communications

Advancing Human Spaceflight Act of 2021 This bill establishes programs and policies pertaining to human presence in space. The National Aeronautics and Space Administration (NASA) shall The bill declares that it is U.S. policy to continuously maintain the capability for a continuous human presence in low-Earth orbit through and beyond the useful life of the International Space Station (ISS) and that such capability shall NASA shall ensure that the ISS remains a viable and productive facility capable of potential U.S. use through at least FY2030. NASA must submit a strategy that includes how it will transition to a successor platform to the ISS. The Office of Science and Technology Policy shall conduct a study on the manner in which NASA funds missions of national need.

To extend the commitment of the United States to the International Space Station, to develop advanced space suits, and to authorize a stepping stone approach to exploration, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Advancing Human Spaceflight Act of 2021''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Apollo 11 landing on July 20, 1969, marked the first steps of a human being on the surface of another world, representing a giant leap for all humanity and a significant demonstration of the spaceflight capabilities of the United States. (2) Section 202(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18312(a)) establishes for the National Aeronautics and Space Administration the long-term goals of expanding human presence in space and establishing a thriving space economy in low-Earth orbit and beyond. (3) The 2017 National Security Strategy designates the human exploration of the solar system as a strategic priority for the United States. (4) Establishing and ensuring the sustainability of human space exploration of the solar system, as called for in the Space Policy Directive-1 entitled ``Reinvigorating America's Human Space Exploration Program'' (82 Fed. Reg. 239 (December 11, 2017)) and the National Space Exploration Campaign Report of the National Aeronautics and Space Administration issued in September 2018, will require carrying out human exploration and related extravehicular activities on the surface of other celestial bodies in a safe and cost-effective manner. (5) The Johnson Space Center has decades of experience working with international partners, other Federal agencies, and partners in industry and academia to study, develop, and carry out the human spaceflight priorities of the United States. SEC. 3. DEFINITIONS. In this Act: (1) Administration.--The term ``Administration'' means the National Aeronautics and Space Administration. (2) Administrator.--The term ``Administrator'' means the Administrator of the National Aeronautics and Space Administration. (3) Johnson space center.--The term ``Johnson Space Center'' means the Lyndon B. Johnson Space Center in Houston, Texas. (4) NASA.--The term ``NASA'' means the National Aeronautics and Space Administration. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that the United States should support efforts to establish a long-term human settlement in space. SEC. 5. STATEMENT OF POLICY ON PERMANENT ESTABLISHMENT OF HUMAN PRESENCE CAPABILITY IN LOW-EARTH ORBIT. It is the policy of the United States-- (1) to continuously maintain the capability for a continuous human presence in low-Earth orbit through and beyond the useful life of the International Space Station; and (2) that such capability shall-- (A) maintain the global leadership of the United States and relationships with partners and allies; (B) contribute to the general welfare of the United States; and (C) leverage commercial capabilities to promote affordability so as not to preclude a robust portfolio of other human space exploration activities. SEC. 6. INTERNATIONAL SPACE STATION. (a) Continuation of International Space Station.--Section 501(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18351(a)) is amended by striking ``2024'' and inserting ``2030''. (b) Continued Operations and Maintenance of United States Segment of International Space Station.--Section 503(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18353(a)) is amended by striking ``2024'' and inserting ``2030''. (c) Research Capacity Allocation and Integration of Research Payloads.--Section 504(d) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18354(d)) is amended-- (1) in paragraph (1), in the first sentence, by striking ``2024'' and inserting ``2030''; and (2) in paragraph (2), in the third sentence, by striking ``2024'' and inserting ``2030''. (d) Maintaining Use Through at Least 2030.--Section 70907 of title 51, United States Code, is amended-- (1) in the section heading, by striking ``2024'' and inserting ``2030''; (2) in subsection (a), by striking ``2024'' and inserting ``2030''; and (3) in subsection (b)(3), by striking ``2024'' and inserting ``2030''. (e) Transition Strategy.-- (1) In general.--Not later than 300 days after the date of the enactment of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a strategy that-- (A) describes the manner in which the Administration will ensure a stepwise transition to an eventual successor platform consistent with the ISS Transition Principles specified in the International Space Station Transition Report issued pursuant to section 50111(c)(2) of title 51, United States Code, on March 30, 2018; (B) includes capability-driven milestones and timelines leading to such a transition; (C) takes into account the importance of maintaining workforce expertise, core capabilities, and continuity at the centers of the Administration, including such centers that are primarily focused on human spaceflight; (D) considers how any transition described in subparagraph (A) affects international and commercial partnerships; (E) presents opportunities for future engagement with-- (i) international partners; (ii) countries with growing spaceflight capabilities, if such engagement is not precluded by other provisions of law; (iii) the scientific community, including the microgravity research community; (iv) the private sector; and (v) other United States Government users; and (F) promotes the continued economic development of low-Earth orbit. (2) Implementation plan.--The strategy required by paragraph (1) shall include an implementation plan describing the manner in which the Administration plans to carry out such strategy. (3) Report.--Not less frequently than biennially, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on the implementation of the strategy required by paragraph (1). SEC. 7. ADVANCED SPACE SUITS. (a) Findings.--Congress makes the following findings: (1) Space suits and associated extravehicular activity technologies (in this section referred to as ``EVA technologies'') are critical space exploration technologies. (2) The civil service workforce of the Administration at the Johnson Space Center has unique capabilities to integrate, design, and validate space suits and associated EVA technologies. (3) Maintaining a strong core competency in the design, development, manufacture, and operation of space suits and related technologies allows the Administration to be an informed purchaser of competitively awarded commercial space suits and associated EVA technologies. (4) The Administration should fully use the International Space Station by 2025 to test future space suits and associated EVA technologies to reduce risk and improve safety. (b) Space Suits.-- (1) In general.--The Administrator shall establish a program to develop next-generation space suits and associated EVA technologies. (2) Support for program.--The Director of the Johnson Space Center shall support the program established under paragraph (1). (3) Accommodation of diverse astronaut corps.--The Administrator shall ensure that space suits developed and manufactured after the date of the enactment of this Act accommodate a wide range of sizes of astronauts so as to meet the needs of the diverse NASA astronaut corps. (4) Agreements with private entities.--In carrying out this subsection, the Administrator may-- (A) enter into 1 or more agreements with 1 or more industry-proven space suit design, development, and manufacturing suppliers; and (B) leverage-- (i) prior and existing investments in advanced space suit technologies; and (ii) existing capabilities at NASA centers. SEC. 8. HUMAN SPACE FACILITIES IN AND BEYOND LOW-EARTH ORBIT. (a) Human Space Facility Defined.--In this section, the term ``human space facility'' means a structure for use in or beyond low- Earth orbit that supports, or has the potential to support, human life. (b) Sense of Congress.--It is the sense of Congress that human space facilities play a significant role in the long-term pursuit by the Administration of the exploration goals under section 202(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18312(a)). (c) Report on Crewed and Uncrewed Human Space Facilities.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on the potential development of 1 or more human space facilities. (2) Contents.--With respect to the potential development of each human space facility referred to in paragraph (1), the report required under such paragraph shall include a description of the following: (A) The capacity of the human space facility to advance, enable, or complement human exploration of the solar system, including human exploration of the atmosphere and the surface of celestial bodies. (B) The role of the human space facility as a staging, logistics, and operations hub in exploration architecture. (C) The capacity of the human space facility to support the research, development, testing, validation, operation, and launch of space exploration systems and technologies. (D) Opportunities and strategies for commercial operation or public-private partnerships with respect to the human space facility that protect taxpayer interests and foster competition. (E) The role of the human space facility in encouraging further crewed and uncrewed exploration investments. (F) The manner in which the development and maintenance of the International Space Station would reduce the cost of, and time necessary for, the development of the human space facility. (d) Cislunar Space Exploration Activities.--The Administrator shall establish an outpost in orbit around the Moon that-- (1) demonstrates technologies, systems, and operational concepts directly applicable to the space vehicle that will be used to transport humans to Mars; (2) has the capability for periodic human habitation; and (3) can function as a point of departure, return, or staging for Administration or nongovernmental or international partner missions to multiple locations on the lunar surface or other destinations. SEC. 9. STEPPING STONE APPROACH TO EXPLORATION. (a) In General.--Section 70504 of title 51, United States Code, is amended to read as follows: ``Sec. 70504. Stepping stone approach to exploration ``(a) In General.--The Administrator, in sustainable steps, may conduct missions to intermediate destinations, such as the Moon, in accordance with section 20302(b), and on a timetable determined by the availability of funding, in order to achieve the objective of human exploration of Mars specified in section 202(b)(5) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18312(b)(5)), if the Administrator-- ``(1) determines that each such mission demonstrates or advances a technology or operational concept that will enable human missions to Mars; and ``(2) incorporates each such mission into the human exploration roadmap under section 432 of the National Aeronautics and Space Administration Transition Authorization Act of 2017 (Public Law 2 115-10; 51 U.S.C. 20302 note).''. SEC. 10. REPORT ON RESEARCH AND DEVELOPMENT RELATING TO LIFE-SUSTAINING TECHNICAL SYSTEMS AND PLAN FOR ACHIEVING POWER SUPPLY. Not later than 1 year after the date of the enactment of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives-- (1) a report on the research and development of the Administration relating to technical systems for the self- sufficient sustainment of life in and beyond low-Earth orbit; and (2) a plan for achieving a power supply on the Moon that includes-- (A) a consideration of the resources necessary to accomplish such plan in the subsequent-- (i) 1 to 3 years; (ii) 3 to 5 years; and (iii) 5 to 10 years; (B) collaboration and input from industry and the Department of Energy, specifically the Advanced Research Projects Agency-Energy; (C) the use of a variety of types of energy, including solar and nuclear; and (D) a detailed description of the resources necessary for the Administration to build a lunar power facility with human-tended maintenance requirements during the subsequent 10-year period. SEC. 11. TECHNICAL AMENDMENTS RELATING TO ARTEMIS MISSIONS. (a) Section 421 of the National Aeronautics and Space Administration Authorization Act of 2017 (Public 5 Law 115-10; 51 U.S.C. 20301 note) is amended-- (1) in subsection (c)(3)-- (A) by striking ``EM-1'' and inserting ``Artemis I''; (B) by striking ``EM-2'' and inserting ``Artemis II''; and (C) by striking ``EM-3'' and inserting ``Artemis III''; and (2) in subsection (f)(3), by striking ``EM-3'' and inserting ``Artemis III''. (b) Section 432(b) of the National Aeronautics and Space Administration Authorization Act of 2017 (Public 17 Law 115-10; 51 U.S.C. 20302 note) is amended-- (1) in paragraph (3)(D)-- (A) by striking ``EM-1'' and inserting ``Artemis I''; and (B) by striking ``EM-2'' and inserting ``Artemis II''; and (2) in paragraph (4)(C), by striking ``EM-3'' and inserting ``Artemis III''. SEC. 12. MISSIONS OF NATIONAL NEED. (a) Sense of Congress.--It is the Sense of Congress that-- (1) while certain space missions, such as asteroid detection or space debris mitigation or removal missions, may not provide the highest-value science, as determined by the National Academies of Science, Engineering, and Medicine decadal surveys, such missions provide tremendous value to the United States and the world; and (2) the current organizational and funding structure of NASA has not prioritized the funding of missions of national need. (b) Study.-- (1) In general.--The Director of the Office of Science and Technology Policy shall conduct a study on the manner in which NASA funds missions of national need. (2) Matters to be included.--The study conducted under paragraph (1) shall include the following: (A) An identification and assessment of the types of missions or technology development programs that constitute missions of national need. (B) An assessment of the manner in which such missions are currently funded and managed by NASA. (C) An analysis of the options for funding missions of national need, including-- (i) structural changes required to allow NASA to fund such missions; and (ii) an assessment of the capacity of other Federal agencies to make funds available for such missions. (c) Report to Congress.--Not later than 1 year after the date of the enactment of this Act, the Director of the Office of Science and Technology Policy shall submit to the appropriate committees of Congress a report on the results of the study conducted under subsection (b), including recommendations for funding missions of national need. <all>

Advancing Human Spaceflight Act of 2021

A bill to extend the commitment of the United States to the International Space Station, to develop advanced space suits, and to authorize a stepping stone approach to exploration, and for other purposes.

Advancing Human Spaceflight Act of 2021

Sen. Cornyn, John

R

TX

S.254

Housing and Community Development

This bill provides funds for assistance to homeowners to prevent mortgage defaults, foreclosures, and displacements of individuals and families experiencing financial hardship after January 21, 2020. The Department of the Treasury must disburse the funds to state housing finance agencies, territories, and Indian tribes for the provision of such assistance.

To establish a Homeowner Assistance Fund at the Department of the Treasury. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. HOMEOWNER ASSISTANCE FUND. (a) Definitions.--In this section: (1) Conforming loan limit.--The term ``conforming loan limit'' means the applicable limitation governing the maximum original principal obligation for a mortgage secured by a single-family residence, a mortgage secured by a 2-family residence, a mortgage secured by a 3-family residence, or a mortgage secured by a 4-family residence, as determined and adjusted annually under section 302(b)(2) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)(2)) and section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)). (2) Eligible household.--The term ``eligible household'' means a household whose income does not exceed 150 percent of the area median income for their household size, as determined by the Secretary of Housing and Urban Development. (3) Mortgage.--The term ``mortgage'' means a mortgage-- (A) that is secured by the principal residence of a borrower; and (B) the unpaid principal balance of which was, at the time of origination, not more than the conforming loan limit. (4) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (5) State.--The term ``State'' means any State of the United States, the District of Columbia, any territory of the United States, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands. (b) Establishment of Fund.--There is established at the Department of the Treasury a Homeowner Assistance Fund to provide such funds as are appropriated in subsection (f) to State housing finance agencies and any entity named under subsection (j) for the purpose of preventing homeowner mortgage defaults, foreclosures, and displacements of individuals and families experiencing financial hardship after January 21, 2020. (c) Allocation of Funds.-- (1) In general.--The Secretary shall establish such criteria as are necessary to allocate the funds available within the Homeowner Assistance Fund to each State. The Secretary shall allocate such funds among all States taking into consideration the number of unemployment claims within a State relative to the nation-wide number of unemployment claims. (2) Small state minimum.-- (A) In general.--Each State of the United States, the District of Columbia, and the Commonwealth of Puerto Rico shall receive no less than $250,000,000 for the purposes established in subsection (b). (B) Pro rata adjustments.--The Secretary shall adjust on a pro rata basis the amount of the payments for each State of the United States, the District of Columbia, and the Commonwealth of Puerto Rico under this subsection without regard to this subparagraph to the extent necessary to comply with the requirements of subparagraph (A). (3) Territory set-aside.--Notwithstanding any other provision of this section, of the amounts appropriated under subsection (f), the Secretary shall reserve $200,000,000 to be disbursed to Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands based on each such territory's share of the combined total population of all such territories, as determined by the Secretary. For the purposes of this paragraph, population shall be determined based on the most recent year for which data are available from the United States Census Bureau. (4) Tribal set-aside.--The Secretary shall allocate funds to an entity designated under subsection (j) pursuant to the requirements of that subsection. (d) Disbursement of Funds.-- (1) Initial disbursement.--The Secretary shall disburse to the State housing finance agencies and entities designated under subsection (j) not less than \1/2\ of the amount made available pursuant to this section, and in accordance with the allocations established under subsections (c) and (j), not later than 120 days after the date of enactment of this Act. The Secretary or designee shall enter into a contract with each State housing finance agency and each entity designated under subsection (j), which may be amended from time to time, establishing the terms of the use of such funds, in accordance with subsection (e), prior to the disbursement of such funds. (2) Second disbursement.--The Secretary shall disburse all funds made available pursuant to this section, and in accordance with the allocations established under subsections (c) and (j), not later than 180 days after the date of enactment of this Act. (e) Permissible Uses of Fund.-- (1) In general.--Funds made available to State housing finance agencies and designated entities under subsection (j) pursuant to this section may be used to assist eligible households for the purposes established under subsection (b), which may include-- (A) mortgage payment assistance; (B) financial assistance to allow a borrower to reinstate their mortgage following a period of forbearance; (C) principal reduction; (D) payment assistance for-- (i) utilities, including electric, gas, and water; (ii) internet service, including broadband internet access service, as defined in section 8.1(b) of title 47, Code of Federal Regulations (or any successor regulation); and (iii) property taxes; (E) any program established under the Housing Finance Agency Innovation Fund for the Hardest Hit Housing Markets; (F) reimbursement of funds expended by a State or local government during the period beginning on January 21, 2020, and ending on the date that the first funds are disbursed by the State under the Homeowner Assistance Fund, for the purpose of providing housing or utility payment assistance to individuals or otherwise providing funds to prevent foreclosure or eviction of a homeowner or tenant or prevent mortgage delinquency or loss of housing or utilities as a response to the coronavirus disease 2019 (COVID-19) pandemic; and (G) any other assistance to prevent eviction, mortgage delinquency or default, foreclosure, or the loss of utility services for an eligible household. (2) Administrative expenses.--Not greater than 10 percent of the amount allocated to a State or an entity pursuant to subsections (c) or (j) may be used by a State housing financing agency or an entity for administrative expenses. Any amounts allocated to administrative expenses that are no longer necessary for administrative expenses may be used in accordance with paragraph (1). (f) Appropriation.--There is appropriated, out of amounts in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2021, to remain available until expended or transferred or credited under subsection (h) or subsection (j), $75,000,000,000 to the Homeowner Assistance Fund established under subsection (b). (g) Use of Housing Finance Agency Innovation Fund for the Hardest Hit Housing Markets Funds.--A State housing finance agency may reallocate any administrative or programmatic funds it has received as an allocation from the Housing Finance Agency Innovation Fund for the Hardest Hit Housing Markets created pursuant to section 101(a) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211(a)) that have not been otherwise allocated or disbursed as of the date of enactment of this Act to supplement any administrative or programmatic funds received from the Homeowner Assistance Fund. Such reallocated funds shall not be considered when allocating resources from the Homeowner Assistance Fund using the process established under subsection (c) and shall remain available for the uses permitted in subsection (e) and under the terms and conditions established by the contract with the Secretary created pursuant to subsection (d)(1) and the terms of subsection (h). (h) Rescission of Funds.--Any funds that have not been allocated by a State housing finance agency to provide assistance as described under subsection (e) by December 31, 2030, shall be reallocated by the Secretary in the following manner: (1) 65 percent shall be transferred or credited to the Housing Trust Fund established under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4568). (2) 35 percent shall be transferred or credited to the Capital Magnet Fund under section 1339 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4569). (i) Reporting Requirements.--The Secretary shall provide public reports not less frequently than quarterly regarding the use of funds provided by the Homeowner Assistance Fund. Such reports shall include the following data by State or entity receiving funds pursuant to subsection (j) and by program within each State or entity receiving funds pursuant to subsection (j), both for the past quarter and for the life of the program-- (1) the amount of funds allocated; (2) the amount of funds disbursed; (3) the number of households and individuals assisted; (4) the acceptance rate of applicants; (5) the average amount of assistance provided per household receiving assistance; (6) the average length of assistance provided per household receiving assistance; (7) the income ranges of households for each household receiving assistance; (8) demographic information about each household receiving assistance, including race, ethnicity, and service member status; and (9) the outcome 12 months after the household has received assistance. (j) Tribal Set-Aside.-- (1) Definitions.--In this subsection: (A) Department of hawaiian home lands.--The term ``Department of Hawaiian Home Lands'' has the meaning given the term in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 (42 U.S.C. 4221). (B) Eligible recipient.--The term ``eligible recipient'' means any entity eligible to receive a grant under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111). (2) Set-aside.-- (A) In general.--Notwithstanding any other provision of this section, of the amounts appropriated under subsection (f), the Secretary shall use 5 percent to make grants to eligible recipients for the purposes described in subsection (e)(1). (B) Native hawaiian set-aside.--Of the funds set aside under subparagraph (A), the Secretary shall use 0.3 percent to make grants to the Department of Hawaiian Home Lands for the purposes described in subsection (e)(1). (3) Requirements.-- (A) Allocation.--Except for the funds set aside under paragraph (2)(B), the Secretary shall allocate the funds set aside under paragraph (2)(A) using the allocation formula described in subpart D of part 1000 of title 24, Code of Federal Regulations (or successor regulations). (B) Native hawaiians.--The Secretary shall use the funds made available under paragraph (2)(B) in accordance with part 1006 of title 24, Code of Federal Regulations (or successor regulations). (4) Rescission.--The Secretary shall transfer any funds made available under paragraph (2) that have not been allocated by an eligible recipient or the Department of Hawaiian Home Lands, as applicable, to provide the assistance described in subsection (e)(1) by December 31, 2030, to the Secretary of Housing and Urban Development to carry out the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.). <all>

A bill to establish a Homeowner Assistance Fund at the Department of the Treasury.

A bill to establish a Homeowner Assistance Fund at the Department of the Treasury.

Official Titles - Senate Official Title as Introduced A bill to establish a Homeowner Assistance Fund at the Department of the Treasury.

Sen. Reed, Jack

D

RI

H.R.5232

Finance and Financial Sector

Working Dog Commemorative Coin Act This bill directs the Department of the Treasury to mint and issue 50,000 $5 gold coins, 500,000 $1 silver coins, and 750,000 half-dollar clad coins in commemoration of the service that working dogs provide to society. The designs of the coins minted under this bill shall be emblematic of the contributions of working dogs to society, including in detection, military service, therapy and assistance. Treasury may issue coins only during the one-year period beginning on January 1, 2023. All sales of coins shall include a surcharge, which shall be paid to America's VetDogs for general expenses associated with the fulfillment of its mission.

To require the Secretary of the Treasury to mint coins in commemoration of the invaluable service that working dogs provide to society. Be it enacted by the Senate 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 Dog Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Dogs going back thousands of years have been tied to humans whether protection, companionship, or assisting in daily activities. (2) The United States had an unofficial canine military presence assisting soldiers in the Civil War and World War I, but military K-9s did not become officially recognized until March 13, 1942. During the height on the wars in Afghanistan and Iraq it is estimated that the United States military employed near 2,500 K-9s. (3) Military K-9s have seen service in every major United States combat since World War I and have been praised by military leadership as an indispensable asset for military, police, government, and private security teams around the world. (4) In 2000, Congress passed ``Robby's Law'' which allowed for the adoption of military K-9s by law enforcement agencies, former handlers, and other care groups. (5) Since 2000, military K-9s have left service and gone onto work explosive detection for police forces, and work as service dogs for veterans and families. (6) Beyond their military working capacity, working dogs provide enhanced mobility assist and renewed independence for the injured and disabled. Service dogs are able to support veterans struggling after war, hear for those who are deaf, see for those who are blind, and even sense changes in a person's body before a seizure. Working dogs play a vital role in improving the lives of many. (7) The service dog programs of America's VetDogs were created to provide enhanced mobility and renewed independence to United States veterans, active-duty service members, and first responders with disabilities. (8) America's VetDogs provides-- (A) guide dogs for individuals who are blind or have low vision; (B) hearing dogs for those who have lost their hearing later in life by alerting to alarms, door bells, sirens, and more; (C) service dogs for those with other physical disabilities that are specially trained to provide balance, retrieve dropped items, open and close doors, turn on and off lights, carry a backpack, and more; (D) facility dogs which are specially trained to spend time working with wounded veterans recovering at military hospitals and veterans medical centers; (E) dogs that work with physical and occupational therapists as they treat soldiers and become an essential part of the healing process; and (F) PTSD service dogs that are trained to help mitigate the symptoms of PTSD by providing the emotional and physical support a veteran may need. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins in commemoration of the invaluable service that working dogs provide to society. (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold. (2) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) be struck on a planchet having a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGNS OF COINS. (a) Design Requirements.-- (1) In general.--The designs of the coins minted under this Act shall be emblematic of the vast contributions that working dogs serve in society to include the range of services that these dogs provide in detection, military service, therapy and assistance. (2) Designs and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2023''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The designs for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with-- (A) America's VetDogs; and (B) the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2023. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of-- (1) $35 per coin for the $5 coin; (2) $10 per coin for the $1 coin; and (3) $5 per coin for the half-dollar coin. (b) Distribution.--Subject to section 5134(f)(1) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to America's VetDogs for application to general expenses associated with the fulfillment of the mission of America's VetDogs, including for costs associated with-- (1) personnel related to training, dog care, and consumer needs; (2) consultants to facilitate the training of America's VetDogs Certified Service Dog Instructors; and (3) travel, room and board for clients served by America's VetDogs. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of each of the organizations referred to in subsection (b) as may be related to the expenditures of amounts paid under that subsection. (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code. SEC. 9. BUDGETARY EFFECTS. (a) Statutory Paygo Scorecards.--The budgetary effects of this section shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(d)). (b) Senate Paygo Scorecards.--The budgetary effects of this section shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress). <all>

Working Dog Commemorative Coin Act

To require the Secretary of the Treasury to mint coins in commemoration of the invaluable service that working dogs provide to society.

Working Dog Commemorative Coin Act

Rep. McHenry, Patrick T.

R

NC

H.R.2904

Private Legislation

For the relief of Jose Garcia Alarcon. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PERMANENT RESIDENT STATUS FOR JOSE GARCIA ALARCON. (a) In General.--Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Jose Garcia Alarcon shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of Status.--If Jose Garcia Alarcon enters the United States before the filing deadline specified in subsection (c), he shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Waiver of Grounds for Removal or Denial of Admission.-- (1) In general.--Notwithstanding sections 212(a) and 237(a) of the Immigration and Nationality Act, Jose Garcia Alarcon may not be removed from the United States, denied admission to the United States, or considered ineligible for lawful permanent residence in the United States by reason of any ground for removal or denial of admission that is reflected in the records of the Department of Homeland Security or the Visa Office of the Department of State on the date of the enactment of this Act. (2) Rescission of outstanding order of removal.--The Secretary of Homeland Security shall rescind any outstanding order of removal or deportation, or any finding of inadmissibility or deportability, that has been entered against Jose Garcia Alarcon by reason of any ground described in paragraph (1). (d) Deadline for Application and Payment of Fees.--Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (e) Reduction of Immigrant Visa Number.--Upon the granting of an immigrant visa or permanent residence to Jose Garcia Alarcon, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien's birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien's birth under section 202(e) of such Act. (f) Denial of Preferential Immigration Treatment for Certain Relatives.--The natural parents, brothers, and sisters of Jose Garcia Alarcon shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act. <all>

For the relief of Jose Garcia Alarcon.

For the relief of Jose Garcia Alarcon.

Official Titles - House of Representatives Official Title as Introduced For the relief of Jose Garcia Alarcon.

Rep. Garcia, Jesus G. "Chuy"

D

IL

H.R.1855

Commerce

Promoting New Manufacturing Act This bill directs the Environmental Protection Agency (EPA) to annually publish information related to preconstruction emission permits issued or denied by the EPA. The EPA must publish such information applicable to FY2016-FY2020 not later than 60 days after the date of enactment. Additionally, the EPA must publish guidance for implementing any final rule that establishes or revises a national ambient air quality standard.

To promote new manufacturing in the United States by providing for greater transparency and timeliness in obtaining necessary permits, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting New Manufacturing Act''. SEC. 2. BUILDING AND MANUFACTURING PROJECTS DASHBOARD. (a) In General.--The Administrator shall, with respect to fiscal year 2016 and each subsequent fiscal year, publish in a readily accessible location on the Environmental Protection Agency's public website the Agency's estimate of the following: (1) The total number of preconstruction permits issued during the fiscal year. (2) The percentage of such preconstruction permits issued within one year after the date of filing of a completed application. (3) The average length of time for the Agency's Environmental Appeals Board to issue a final decision on petitions appealing decisions to grant or deny a preconstruction permit application. (b) Initial Publication; Updates.--The Administrator shall-- (1) make the publication required by subsection (a) for fiscal years 2016 through 2020 not later than 60 days after the date of enactment of this Act; and (2) update such publication not less than annually. (c) Sources of Information.--In carrying out this section: (1) With respect to information to be published for fiscal years 2016 through 2020, the Environmental Protection Agency's estimates shall be based on information that is in the Agency's possession as of the date of enactment of this Act, including information in the RACT/BACT/LAER Clearinghouse database. (2) With respect to information to be published for any fiscal year, nothing in this section compels the Environmental Protection Agency to seek or collect any information in addition to the information that is voluntarily provided by States and local air agencies for the RACT/BACT/LAER Clearinghouse database. SEC. 3. TIMELY ISSUANCE OF REGULATIONS AND GUIDANCE TO ADDRESS NEW OR REVISED NATIONAL AMBIENT AIR QUALITY STANDARDS IN PRECONSTRUCTION PERMITTING. (a) In General.--In publishing any final rule establishing or revising a national ambient air quality standard, the Administrator shall, as the Administrator determines necessary and appropriate to assist States, permitting authorities, and permit applicants, concurrently publish regulations and guidance for implementing the standard, including information relating to submission and consideration of a preconstruction permit application under the new or revised standard. (b) Applicability of Standard to Preconstruction Permitting.--If the Administrator fails to publish final regulations and guidance that include information relating to submission and consideration of a preconstruction permit application under a new or revised national ambient air quality standard concurrently with such standard, then such standard shall not apply to the review and disposition of a preconstruction permit application until the Agency has published such final regulations and guidance. (c) Rules of Construction.-- (1) After publishing regulations and guidance for implementing national ambient air quality standards under subsection (a), nothing in this section shall preclude the Environmental Protection Agency from issuing subsequent regulations or guidance to assist States and facilities in implementing such standards. (2) Nothing in this section shall be construed to eliminate the obligation of a preconstruction permit applicant to install best available control technology and lowest achievable emission rate technology, as applicable. (3) Nothing in this section shall be construed to limit the authority of a State, local, or Tribal permitting authority to impose more stringent emissions requirements pursuant to State, local, or Tribal law than Federal national ambient air quality standards established by the Environmental Protection Agency. SEC. 4. REPORT TO CONGRESS ON ACTIONS TO EXPEDITE REVIEW OF PRECONSTRUCTION PERMITS. (a) In General.--Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to Congress a report-- (1) identifying the activities being undertaken by the Environmental Protection Agency to increase the efficiency of the preconstruction permitting process; (2) identifying the specific reasons for delays in issuing-- (A) preconstruction permits required under part C of the Clean Air Act (42 U.S.C. 7470 et seq.) beyond the one-year statutory deadline mandated by section 165(c) of the Clean Air Act (42 U.S.C. 7475(c)); or (B) preconstruction permits required under part D of the Clean Air Act (42 U.S.C. 7501 et seq.) beyond the one-year period beginning on the date on which the permit application is determined to be complete; (3) describing how the Agency is resolving delays in making completeness determinations for preconstruction permit applications; (4) describing how the Agency is resolving processing delays for preconstruction permits, including any increases in communication with State and local permitting authorities; and (5) summarizing and responding to public comments concerning the report received under subsection (b). (b) Public Comment.--Before submitting each report required by subsection (a), the Administrator shall publish a draft report on the website of the Environmental Protection Agency and provide the public with a period of at least 30 days to submit comments on the draft report. (c) Sources of Information.--Nothing in this section compels the Environmental Protection Agency to seek or collect any information in addition to the information that is voluntarily provided by States and local air agencies for the RACT/BACT/LAER Clearinghouse database. SEC. 5. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Best available control technology.--The term ``best available control technology'' has the meaning given to that term in section 169(3) of the Clean Air Act (42 U.S.C. 7479(3)). (3) Lowest achievable emission rate.--The term ``lowest achievable emission rate'' has the meaning given to that term in section 171(3) of the Clean Air Act (42 U.S.C. 7501(3)). (4) Major emitting facility; major stationary source.--The terms ``major emitting facility'' and ``major stationary source'' have the meanings given to those terms in section 302(j) of the Clean Air Act (42 U.S.C. 7602(j)). (5) National ambient air quality standard.--The term ``national ambient air quality standard'' means a national ambient air quality standard for an air pollutant under section 109 of the Clean Air Act (42 U.S.C. 7409) that is finalized on or after the date of enactment of this Act. (6) Preconstruction permit.--The term ``preconstruction permit''-- (A) means a permit that is required under part C or D of title I of the Clean Air Act (42 U.S.C. 7470 et seq.) for the construction or modification of a major emitting facility or major stationary source; and (B) includes any such permit issued by the Environmental Protection Agency or a State, local, or Tribal permitting authority. (7) RACT/BACT/LAER clearinghouse database.--The term ``RACT/BACT/LAER Clearinghouse database'' means the central database of air pollution technology information that is posted on the Environmental Protection Agency's website. <all>

Promoting New Manufacturing Act

To promote new manufacturing in the United States by providing for greater transparency and timeliness in obtaining necessary permits, and for other purposes.

Promoting New Manufacturing Act

Rep. Scalise, Steve

R

LA

S.3771

Finance and Financial Sector

Stop Russian Government and Oligarchs from Limiting Democracy Act of 2022 or the Stop Russian GOLD Act of 2022 This bill prohibits a U.S. person from engaging in a transaction with a foreign person who purchases, transacts in, or transports Russian gold.

To prohibit United States persons from engaging in transactions with foreign persons that purchase or transact in gold from the Russian Federation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Russian Government and Oligarchs from Limiting Democracy Act of 2022'' or the ``Stop Russian GOLD Act of 2022''. SEC. 2. PROHIBITION ON TRANSACTIONS WITH FOREIGN PERSONS THAT PURCHASE OR TRANSACT IN RUSSIAN GOLD. (a) In General.--Any transaction by a United States person with a foreign person described in subsection (b) is prohibited. (b) Foreign Person Described.--A foreign person is described in this subsection if the foreign person-- (1) purchases, transacts in, or transports between countries gold received from the Government of the Russian Federation, including from reserves of the Central Bank of the Russian Federation held outside the Russian Federation; or (2) engages in a transaction-- (A) involving gold; and (B) that has a physical or electronic nexus to the Russian Federation. (c) Guidance.--Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury shall publish guidance for United States persons with respect to compliance with this section, including guidance-- (1) to ensure that United States persons are able to avoid unknowingly investing in or transacting with foreign persons described in subsection (b) through bundled or basked assets; and (2) to facilitate divestment from investment in and transactions with such foreign persons. (d) Implementation; Penalties.-- (1) Implementation.--The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (2) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (e) Definitions.--In this section: (1) Foreign person.--The term ``foreign person'' means an individual or entity that is not a United States person. (2) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity. <all>

Stop Russian GOLD Act of 2022

A bill to prohibit United States persons from engaging in transactions with foreign persons that purchase or transact in gold from the Russian Federation.

Stop Russian GOLD Act of 2022 Stop Russian Government and Oligarchs from Limiting Democracy Act of 2022

Sen. Cornyn, John

R

TX

S.5032

Public Lands and Natural Resources

Seafood Marketing Act of 2022 This bill provides for the reestablishment of the National Fish and Seafood Promotional Council until December 31, 2027. It also modifies qualifications for voting members of the council. Additionally, the bill also provides statutory authority for a definition of seafood to include finfish, mollusks, crustaceans, seaweed, and all other forms of aquatic life used for human consumption.

To provide for the reestablishment of the National Fish and Seafood Promotional Council, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Seafood Marketing Act of 2022''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The public health benefits of eating seafood for brain health, heart health, mental health, and overall wellness are well researched and established. (2) Prominent organizations have consistently recommended eating at least 2 servings of seafood per week, including-- (A) the Department of Agriculture and the Department of Health and Human Services in the Dietary Guidelines for Americans in 2010, 2015, and 2020; (B) the Food and Drug Administration since 2004; and (C) the American Heart Association. (3) Only 1 in 5 people in the United States follow the Dietary Guidelines for Americans to eat at least 2 servings of seafood per week, according to the Centers for Disease Control and Prevention. (4) Eating seafood at least twice per week can reduce the risk of dying from heart disease by 36 percent. (5) More than 877,500 people in the United States die of heart disease or stroke each year, and the economic toll is approximately $363,000,000,000 in healthcare costs and lost productivity. (6) Close to 55,000 deaths per year are associated with insufficient seafood consumption in the United States. (7) Pregnant people in the United States eat on average 1.8 ounces of seafood per week compared to the dietary recommendation of 8 to 12 ounces of seafood per week. (8) Strong medical evidence shows that nutrients specific to seafood reduce the risk of preterm birth by more than 40 percent. In the United States, 1 in 10 infants are born prematurely, which can negatively impact brain development, vision, and hearing. (9) Public education campaigns have effectively communicated the health and nutritional benefits of other dietary recommendations. (10) A previous effort to promote the public health benefits of eating seafood was conducted by the National Fish and Seafood Promotional Council, which was Federally funded from 1987 to 1991. (11) The Marine Fisheries Advisory Committee of the National Oceanic and Atmospheric Administration published a report in July 2020 recommending establishing a National Seafood Council to elevate the narrative of the nutritional value of seafood, which the report states could directly improve the health of the people of the United States. (12) Increasing the awareness and perception of edible invasive non-native species of seafood can help control aquatic invasive species populations and sustain native stocks. SEC. 3. REESTABLISHMENT OF NATIONAL FISH AND SEAFOOD PROMOTIONAL COUNCIL. (a) First Meeting.--Section 205(g) of the Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4004(g)) is amended by striking ``first meet'' and all that follows and inserting ``first meet not later than 180 days after the date of the enactment of the Seafood Marketing Act of 2022.''. (b) Initial Appointments.--Section 207(a)(5) of the Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4006(a)(5)) is amended by striking ``within ninety'' and all that follows and inserting ``not later than 90 days after the date of the enactment of the Seafood Marketing Act of 2022.''. (c) Termination.--Section 206(g) of the Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4005(g)) is amended by striking ``December 31, 1991'' and inserting ``December 31, 2027''. SEC. 4. MODIFICATIONS TO QUALIFICATIONS FOR VOTING MEMBERS OF NATIONAL FISH AND SEAFOOD PROMOTIONAL COUNCIL. Section 205(d) of the Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4004(d))-- (1) in paragraph (1), by striking subparagraphs (E) and (F) and inserting the following: ``(E) one member-at-large with demonstrated expertise in fresh-water and inland commercial fisheries who is not a resident of the States of the Alaska, Pacific, Southeast, and Northeast regions; ``(F) one member-at-large who is a person professionally engaged in consumer marketing and the dissemination of information pertaining to the nutritional benefits and preparation of seafood and seafood products; and ``(G) one member-at-large with demonstrated expertise in scientific research on the nutrition and public health benefits of seafood consumption.''; and (2) by amending paragraph (2) to read as follows: ``(2) Of the members appointed pursuant to each of subparagraphs (A) through (D) of paragraph (1), one shall be a harvester, one shall be a processor or a receiver, and at least one shall have demonstrated marketing expertise.''. SEC. 5. FUNDING FOR FISHERIES PROMOTION FUND. Section 209 of the Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4008) is amended-- (1) in subsection (b), by amending paragraph (1) to read as follows: ``(1) amounts appropriated pursuant to the authorization of appropriations under subsection (e) of this section;''; (2) in subsection (d), by striking ``fiscal year 1987 through fiscal year 1991'' and inserting ``fiscal year 2023 through fiscal year 2027''; and (3) by adding at the end the following: ``(e) Authorization of Appropriations.--There are authorized to be appropriated for the Fund $25,000,000 for each of fiscal years 2023 through 2027.''. SEC. 6. DEFINITION OF SEAFOOD IN FISH AND SEAFOOD PROMOTION ACT OF 1986. (a) In General.--Section 204 of the Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4003) is amended-- (1) by striking paragraph (3); (2) by redesignating paragraphs (4) through (14) as paragraphs (3) through (13), respectively; and (3) by inserting after paragraph (13), as redesignated, the following: ``(14) `seafood' means finfish, mollusks, crustaceans, seaweed, and all other forms of aquatic life used for human consumption; the term does not include marine mammals and seabirds;''. (b) Conforming Amendments.--The Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4001 et seq.) is amended-- (1) in section 202 (16 U.S.C. 4001)-- (A) in paragraph (1), by striking ``fish resources'' and inserting ``seafood resources''; (B) in paragraph (3), by striking ``fish contribute'' and inserting ``seafood contributes''; and (C) in paragraph (6), by striking ``fish species'' and inserting ``seafood species''; (2) in section 203 (16 U.S.C. 4002)-- (A) in paragraph (2), by striking ``species of fish'' and inserting ``species of seafood''; (B) in paragraph (3), by striking ``domestically- produced fish'' and inserting ``domestically produced seafood''; (C) in paragraph (5), by striking ``fish'' and inserting ``seafood''; and (D) in paragraph (7), by striking ``fish'' and inserting ``seafood''; (3) in section 204 (16 U.S.C. 4003)-- (A) in paragraph (4), as redesignated by subsection (a)(2), by striking ``fish'' and inserting ``seafood''; (B) in paragraph (11), as so redesignated, by striking ``fish or fish products (including fish'' and inserting ``seafood or seafood products (including seafood''; (C) in paragraph (12), as so redesignated, by striking ``fish'' each place it appears and inserting ``seafood''; (D) by striking ``fish and fish products'' each place it appears and inserting ``seafood and seafood products''; and (E) by striking ``fish or fish products'' each place it appears and inserting ``seafood or seafood products''; (4) in section 206 (16 U.S.C. 4005)-- (A) in subsection (c)-- (i) in the first sentence, by striking ``fish or fish products'' and inserting ``seafood or seafood products''; and (ii) in the second sentence, by striking ``fish species'' each place it appears and inserting ``seafood species''; and (B) by striking ``fish and fish products'' each place it appears and inserting ``seafood and seafood products''; (5) in section 210 (16 U.S.C. 4009)-- (A) by striking ``fish and fish products'' each place it appears and inserting ``seafood and seafood products''; (B) by striking ``fish or fish products'' each place it appears and inserting ``seafood or seafood products''; and (C) by striking ``fish or fish product'' each place it appears and inserting ``seafood or seafood product''; (6) in section 213 (16 U.S.C. 4012), by striking ``fish'' each place it appears and inserting ``seafood''; and (7) in section 216(a) (16 U.S.C. 4015(a))-- (A) in paragraph (2), by striking ``fish or fish products'' and inserting ``seafood or seafood products''; and (B) in paragraph (4), by striking ``fish and fish products'' and inserting ``seafood and seafood products''. <all>

Seafood Marketing Act of 2022

A bill to provide for the reestablishment of the National Fish and Seafood Promotional Council, and for other purposes.

Seafood Marketing Act of 2022

Sen. Wicker, Roger F.

R

MS

S.2007

Transportation and Public Works

Furthering Advanced and Inclusive Research for Crash Tests Act or the FAIR Crash Tests Act This bill requires the Government Accountability Office to report on the National Highway Traffic Safety Administration's use of crash test dummies, including how the administration's practices compare to the European New Car Assessment Programme and other programs that test vehicles.

To require the Comptroller General of the United States to conduct a study and submit a report on the use of crash test dummies by the National Highway Traffic Safety Administration, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Furthering Advanced and Inclusive Research for Crash Tests Act'' or the ``FAIR Crash Tests Act''. SEC. 2. GAO REPORT ON ANTHROPOMORPHIC CRASH TEST DUMMIES. Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that-- (1) examines-- (A) the processes used by the National Highway Traffic Safety Administration (referred to in this Act as the ``Administration'') for studying and deploying crash test dummies; (B)(i) the types of crash test dummies used by the Administration as of the date of enactment of this Act; (ii) the seating positions in which those crash test dummies are tested; and (iii) whether the seating position affects disparities in motor vehicle safety outcomes based on demographic characteristics, including sex, and, if so, how the seating position affects those disparities; (C) the biofidelic crash test dummies that are available in the global and domestic marketplace that reflect the physical and demographic characteristics of the driving public in the United States, including-- (i) females; (ii) the elderly; (iii) young adults; (iv) children; and (v) individuals of differing body weights; (D) how the Administration determines whether to study and deploy new biofidelic crash test dummies, including the biofidelic crash test dummies examined under subparagraph (C), and the timelines by which the Administration conducts the work of making those determinations and studying and deploying new biofidelic crash test dummies; (E) challenges the Administration faces in studying and deploying new crash test dummies; and (F) how the practices of the Administration with respect to crash test dummies compare to other programs that test vehicles and report results to the public, including the European New Car Assessment Programme; (2) evaluates potential improvements to the processes described in paragraph (1) that could reduce disparities in motor vehicle safety outcomes based on demographic characteristics, including sex; (3) analyzes the potential use of computer simulation techniques, as a supplement to physical crash tests, to conduct virtual simulations of vehicle crash tests in order to evaluate predicted motor vehicle safety outcomes based on the different physical and demographic characteristics of motor vehicle occupants; and (4) includes, as applicable, any assessments or recommendations relating to crash test dummies that are relevant to reducing disparities in motor vehicle safety outcomes based on demographic characteristics, including sex. SEC. 3. INTERIM REPORT FROM THE ADMINISTRATION. Not later than 90 days after the date of enactment of this Act, the Administrator of the Administration shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that-- (1) identifies-- (A) the types of crash test dummies used by the Administration as of the date of enactment of this Act with respect to-- (i) the New Car Assessment Program of the Administration; and (ii) testing relating to Federal Motor Vehicle Safety Standards; (B) how each type of crash test dummy identified under subparagraph (A) is tested with respect to seating position; and (C) any crash test dummies that the Administration is actively evaluating for future use-- (i) in the New Car Assessment Program of the Administration; or (ii) for testing relating to Federal Motor Vehicle Safety Standards; (2) explains-- (A) the plans of the Administration, including the expected timelines, for putting any crash test dummies identified under paragraph (1)(C) to use as described in that paragraph; (B) any challenges to putting those crash test dummies to use; and (C) the potential use of computer simulation techniques, as a supplement to physical crash tests, to conduct virtual simulations of vehicle crash tests in order to evaluate predicted motor vehicle safety outcomes based on the different physical and demographic characteristics of motor vehicle occupants; and (3) provides policy recommendations for reducing disparities in motor vehicle safety testing and outcomes based on demographic characteristics, including sex. <all>

Furthering Advanced and Inclusive Research for Crash Tests Act

A bill to require the Comptroller General of the United States to conduct a study and submit a report on the use of crash test dummies by the National Highway Traffic Safety Administration, and for other purposes.

FAIR Crash Tests Act Furthering Advanced and Inclusive Research for Crash Tests Act

Sen. Peters, Gary C.

D

MI

H.R.1165

Government Operations and Politics

Albert Pike Statue Removal Act This bill directs the National Park Service to remove the statue of Albert Pike near Judiciary Square in the District of Columbia. The Department of the Interior may donate the statue to a museum or other similar entity, as determined appropriate by Interior to ensure its preservation and interpretation in an indoor setting. The recipient of the statue may not store, display, or exhibit the statue outdoors.

To direct the Secretary of the Interior to remove the statue to the memory and in honor of Albert Pike erected near Judiciary Square in the District of Columbia, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Albert Pike Statue Removal Act''. SEC. 2. REMOVAL OF STATUE OF ALBERT PIKE. (a) Removal.--The Secretary of the Interior, acting through the Director of the National Park Service, shall remove the statue to the memory and in honor of Albert Pike erected near Judiciary Square in the District of Columbia under the ``Joint Resolution Granting permission for the erection of a monument or statue in Washington City, District of Columbia, in honor of the late Albert Pike.'', approved April 9, 1898 (30 Stat. 737). (b) Relocation.--The Secretary of the Interior may donate the statue to a museum or other similar entity, as determined appropriate by the Secretary, to ensure its preservation and interpretation in an indoor setting. The recipient of the statue may not store, display, or exhibit the statue outside. <all>

Albert Pike Statue Removal Act

To direct the Secretary of the Interior to remove the statue to the memory and in honor of Albert Pike erected near Judiciary Square in the District of Columbia, and for other purposes.

Albert Pike Statue Removal Act

Del. Norton, Eleanor Holmes

D

DC

H.R.929

Crime and Law Enforcement

This bill modifies the eligibility criteria for an elderly offender to qualify for early release from prison and placement in home detention. Specifically, it reduces the amount of a prison term an elderly offender must serve by the amount of good time credits earned by the offender.

To provide that the amount of time that an elderly offender must serve before being eligible for placement in home detention is to be reduced by the amount of good time credits earned by the prisoner, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ELDERLY FOR CERTAIN NONVIOLENT OFFENDERS. Section 231(g)(5)(A)(ii) of the Second Chance Act of 2007 (34 U.S.C. 60541(g)(5)(A)(ii)) is amended by striking ``to which the offender was sentenced'' and inserting ``reduced by any credit toward the service of the prisoner's sentence awarded under section 3624(b) of title 18, United States Code''. <all>

To provide that the amount of time that an elderly offender must serve before being eligible for placement in home detention is to be reduced by the amount of good time credits earned by the prisoner, and for other purposes.

To provide that the amount of time that an elderly offender must serve before being eligible for placement in home detention is to be reduced by the amount of good time credits earned by the prisoner, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To provide that the amount of time that an elderly offender must serve before being eligible for placement in home detention is to be reduced by the amount of good time credits earned by the prisoner, and for other purposes.

Rep. Deutch, Theodore E.

D

FL

H.R.1784

Health

Medicaid Report on Expansion of Access to Coverage for Health Act or the Medicaid REACH Act This bill reduces federal payment for Medicaid administrative expenses incurred by states that have not elected to participate in Medicaid expansion under the Patient Protection and Affordable Care Act (i.e., nonexpansion states) if the state does not comply with specified reporting requirements. The bill requires nonexpansion states to report, among other information, the number of uninsured individuals under the age of 65 and the estimated percentage of such individuals who would be eligible to receive coverage if the state expanded Medicaid.

To amend title XIX of the Social Security Act to enhance reporting requirements for nonexpansion States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Report on Expansion of Access to Coverage for Health Act'' or the ``Medicaid REACH Act''. SEC. 2. ENHANCED REPORTING REQUIREMENTS FOR NONEXPANSION STATES. Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended-- (1) in subsection (a)(7), by inserting ``subsection (cc) and'' before ``section 1919(g)(3)(B)''; and (2) by adding at the end the following new subsection: ``(cc) Reduction of Federal Payments for Certain Administrative Costs of Nonexpansion States That Do Not Satisfy Reporting Requirements.-- ``(1) In general.-- ``(A) Reduction.--In the case of a nonexpansion State, with respect to a fiscal year (beginning with fiscal year 2022) that does not satisfy the reporting requirement under paragraph (2) for such fiscal year, the percentage specified in subsection (a)(7) for amounts described in such subsection expended by such State during a calendar quarter described in paragraph (4) with respect to such fiscal year, subject to subparagraph (B), shall be reduced by the number of percentage points specified in paragraph (4) for the respective calendar quarter. ``(B) Exception.--In the case of a nonexpansion State that is subject to a reduction under subparagraph (A) for the calendar quarter described in paragraph (4)(A) with respect to a fiscal year, if the State satisfies the criteria described in subparagraphs (A), (B), and (C) of paragraph (2) (without regard to the dates specified in such subparagraph (A) and (C)) before the beginning of a subsequent calendar quarter described in paragraph (4) with respect to such fiscal year, then such State shall not be subject to a reduction under subparagraph (A) for such subsequent calendar quarter. ``(2) Reporting requirement.--For purposes of paragraph (1), a nonexpansion State satisfies the reporting requirement under this paragraph for a fiscal year, if the nonexpansion State-- ``(A) by not later than January 1 of such year, posts on the public website of the State agency administering the State plan, the information described in paragraph (3) with respect to such State for the previous year; ``(B) provides for at least a 30-day period for notice and comment on such information; and ``(C) by not later than March 1 of such year, submits to the Secretary a complete report including such information, comments submitted pursuant to subparagraph (B), and a response by the State to each such comment. ``(3) Information described.--The information described in this paragraph, with respect to a State and year, is the following: ``(A) The estimated number of individuals who were uninsured for at least 6 months (disaggregated by race, ethnicity, gender, and age-groups of 0 to 18 years of age and of 19 years of age to 64 years of age), as well as a detailed description of the basis for the estimates. ``(B) The estimated number of the individuals estimated under subparagraph (A) in the State who would be eligible for medical assistance under the State plan if the State were to make medical assistance under the State plan available in accordance with section 1902(k)(1) to all individuals described in section 1902(a)(10)(i)(VIII), and a detailed description of the basis for the estimates. ``(C) A comprehensive listing of State income eligibility criteria for all mandatory and optional Medicaid eligibility groups for which the State plan provides medical assistance (other than with respect to individuals described in clause (i)(II), (ii)(VI), or (ii)(XXII) of section 1902(a)(10)(A)). ``(D) The total amount of hospital uncompensated- care costs and a breakdown of the source of such costs, as well as a breakdown for rural and non-rural hospitals. ``(E) The total amount received through an uncompensated care pool (as defined by the Secretary). ``(4) Percentage described.--For purposes of paragraph (1), a calendar quarter described in this paragraph, with respect to a fiscal year, and the percentage points described in this paragraph for such quarter, with respect to a State, are-- ``(A) for the calendar quarter beginning on the April 1 occurring during such fiscal year, 0.5 percentage points; ``(B) for the calendar quarter beginning on the July 1 occurring during such fiscal year, 1.0 percentage point; and ``(C) for the calendar quarter beginning on the October 1 occurring during the subsequent fiscal year, 1.5 percentage points. ``(5) Payment in case of reporting state.--The expenses incurred by a non-expansion State, with respect to any calendar quarter with respect to a fiscal year (beginning with 2021), for carrying out subparagraphs (A) through (C) of paragraph (2) shall, for purposes of section 1903(a)(7), be considered to be expenses necessary for the proper and efficient administration of the State plan under this title. ``(6) Nonexpanion state defined.--For purposes of this subsection, the term `nonexpansion State' means, with respect to a fiscal year, a State that as of the first quarter of such fiscal year does not provide under the State plan of such State (or waiver of such plan) for making medical assistance available in accordance with section 1902(k)(1) to all individuals described in section 1902(a)(10)(i)(VIII).''. <all>

Medicaid REACH Act

To amend title XIX of the Social Security Act to enhance reporting requirements for nonexpansion States, and for other purposes.

Medicaid REACH Act Medicaid Report on Expansion of Access to Coverage for Health Act

Rep. Doggett, Lloyd

D

TX

S.4327

Emergency Management

Post-Fire Flooding and Debris Flow Act of 2022 This bill makes changes to eligibility under the hazard mitigation grant program of the Federal Emergency Management Agency (FEMA) to include mitigating and preventing post-wildfire flooding and debris flow. Specifically, the bill requires the federal share of hazard mitigation assistance for mitigating and preventing post-wildfire flooding and debris flow to be not less than 75% of the cost (currently, the President may contribute up to 75% of the cost).

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to provide hazard mitigation assistance for mitigating and preventing post-wildfire flooding and debris flow, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Post-Fire Flooding and Debris Flow Act of 2022''. SEC. 2. AMENDMENTS TO IMPROVE HAZARD MITIGATION ASSISTANCE. (a) In General.--Section 404 of the Robert T. Stafford Disaster Relief And Emergency Assistance Act (42 U.S.C. 5170c) is amended-- (1) in subsection (a), by striking ``The President may contribute up to 75 percent of the cost'' and inserting ``The Federal share of assistance under this section shall be not less than 75 percent of the cost''; and (2) in subsection (f)-- (A) in paragraph (13), by striking ``and'' at the end; (B) in paragraph (14), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(15) with respect to any area affected by a wildfire, mitigating and preventing post-wildfire flooding and debris flow.''. (b) Application.--The amendments made by subsection (a) shall apply with respect to assistance provided under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) on or after the date of enactment of this Act. <all>

Post-Fire Flooding and Debris Flow Act of 2022

A bill to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to provide hazard mitigation assistance for mitigating and preventing post-wildfire flooding and debris flow, and for other purposes.

Post-Fire Flooding and Debris Flow Act of 2022

Sen. Padilla, Alex

D

CA

H.R.8638

Immigration

Overhaul Resettlement Reasonably Act of 2022 or the ORR Act of 2022 This bill modifies various immigration-related provisions. For example, the bill (1) increases to $25,000 (currently $1,500) the minimum amount of a security bond that the Department of Homeland Security may require before releasing a detained non-U.S. national (alien under federal law) from custody while a decision is pending as to whether to remove that non-U.S. national from the United States, and (2) imposes additional requirements before an individual may be considered an unaccompanied alien child (immigration law imposes various requirements relating to the treatment of unaccompanied alien children).

To amend the Homeland Security Act of 2002 with respect to the definition of unaccompanied alien child, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Overhaul Resettlement Reasonably Act of 2022'' or the ``ORR Act of 2022''. SEC. 2. APPREHENSION AND DETENTION OF CERTAIN ALIENS. Section 236 of the Immigration and Nationality Act (8 U.S.C. 1266) is amended-- (1) by striking ``Attorney General'' each place it appears and inserting ``Secretary of Homeland Security''; (2) by striking ``Attorney General's'' each place it appears and inserting ``Secretary of Homeland Security's''; (3) by striking ``the Service'' each place it appears and inserting ``the Department of Homeland Security''; (4) in subsection (a)-- (A) by striking paragraph (2)(A) and inserting the following new subparagraph: ``(A) bond of at least $25,000 with security approved by, and containing conditions prescribed by, the Secretary of Homeland Security; or''; and (B) by striking paragraph (3) and inserting the following new paragraph: ``(3) shall not provide the alien with work authorization (including an `employment authorized' endorsement or other appropriate work permit), unless the alien is lawfully admitted for permanent residence or otherwise would (without regard to removal proceedings) be provided such authorization.''; and (5) by striking subsection (c)(1)(C) and inserting the following new subparagraph: ``(C) is deportable under section 1227(a)(2)(A)(i) of this title on the basis of an offense for which the alien has been sentenced to a term of imprisonment of at least 1 year, or''. SEC. 3. CHILDREN'S AFFAIRS. (a) Amendment.--Section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)) is amended-- (1) in subparagraph (B), by striking ``; and'' and inserting a semicolon; (2) by redesignating subparagraph (C) as subparagraph (D); and (3) by inserting after subparagraph (B) the following new subparagraphs: ``(C) has been affirmatively certified by the Secretary of Homeland Security to have no affiliation to a transnational criminal organization or international gang; and ``(D) does not have a parent or legal guardian in the United States or such parent or legal guardian is in the United States but is unable to demonstrate fitness to provide care and physical custody to the child.''. (b) Effective Date.--The amendments made by this Act shall take effect on the date that is 120 days after the date of the enactment of this Act. (c) Audit of Individual Receiving Certain Services.-- (1) In general.--Not later than 120 days after the date of the enactment of this Act, the Attorney General shall conduct an audit on aliens receiving services from the Office of Refugee Resettlement to ensure they have no affiliation with a transnational criminal organization and that each unaccompanied alien child receiving services from the Office of Refugee Resettlement is under the age of 18 years old. (2) Result.--If an unaccompanied alien child is found to have an affiliation with a transnational criminal organization pursuant to an audit conducted under paragraph (1), such unaccompanied alien child shall be placed in removal proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a). SEC. 4. MANDATORY DETENTION OF SUSPECTED TERRORISTS AND MEMBERS OF OTHER CRIMINAL ORGANIZATIONS. (a) Amendment.--Section 236A of the Immigration and Nationality Act (8 U.S.C. 1226A) is amended-- (1) by striking the header and inserting ``mandatory detention of suspected terrorists and members of criminal organizations; habeas corpus; judicial review''; (2) by striking ``Attorney General'' each place it appears and inserting ``Secretary of Homeland Security''; (3) in subsection (a)-- (A) by striking the header and inserting ``Detention of Terrorist Aliens and Members of Other Criminal Organizations''; (B) by striking paragraph (2) and inserting the following new paragraph: ``(2) Release.--Except as provided in paragraphs (5) and (6), the Secretary of Homeland Security shall maintain custody of such an alien until the alien is removed from the United States. Except as provided in paragraph (6), such custody shall be maintained irrespective of any relief from removal for which the alien may be eligible, or any relief from removal granted the alien, until the Secretary of Homeland Security determines that the alien is no longer an alien who may be certified under paragraph (3).''; (C) by striking paragraph (5) and inserting the following new paragraph: ``(5) Commencement of proceedings.--The Secretary of Homeland Security shall place an alien detained under paragraph (1) in removal proceedings, or shall charge the alien with a criminal offense, not later than 30 days after the commencement of such detention. If the requirement of the preceding sentence is not satisfied, the Secretary of Homeland Security shall release the alien.''; and (D) by striking paragraph (6) and inserting the following new paragraph: ``(6) Limitation on indefinite detention.--An alien detained solely under paragraph (1) who has not been removed under section 1231(a)(1)(A) of this title, and whose removal is unlikely in the reasonably foreseeable future for reasons other than the alien's home country's refusal to issue appropriate travel documents for the alien or otherwise accept return of the alien, may be detained for additional periods of up to two years.''; and (4) in subsection (b)(2)(A)-- (A) in clause (ii), by striking the semicolon and inserting ``; or''; (B) in clause (iii), by striking ``; or'' and inserting a period; and (C) by striking clause (iv). SEC. 5. ENHANCING EFFORTS TO COMBAT THE TRAFFICKING OF CHILDREN. (a) Amendment.--Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is amended-- (1) in subsection (a)-- (A) by striking paragraph (1) and inserting the following new paragraph: ``(1) Policies and procedures.--In order to enhance the efforts of the United States to prevent trafficking in persons, the Secretary of Homeland Security, in consultation with the Secretary of State, the Attorney General, and the Secretary of Health and Human Services, shall develop policies and procedures to ensure that unaccompanied alien children in the United States are safely repatriated to their respective countries of nationality or of last habitual residence.''; (B) in paragraph (2)-- (i) by striking the header and inserting ``Rules for return of an unaccompanied alien child to their country of nationality or last habitual residence''; (ii) by striking subparagraph (A) and inserting the following new subparagraph: ``(A) Determinations.--Any unaccompanied alien child who is a national or habitual resident of a country shall be treated in accordance with subparagraph (B), if the Secretary of Homeland Security determines, on a case-by-case basis, that-- ``(i) such unaccompanied alien child meets the definition of `unaccompanied alien child' in section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)); ``(ii) such unaccompanied alien child has not been a victim of a severe form of trafficking in persons, and there is no credible evidence that such unaccompanied alien child is at risk of being trafficked upon return to the child's country of nationality or of last habitual residence; ``(iii) such unaccompanied alien child does not have an evidence-based credible or reasonable fear of returning to the child's country of nationality or of last habitual residence owing to a credible fear of persecution; and ``(iv) the unaccompanied alien child is able to make an independent decision to withdraw his or her application for admission to the United States.''; (iii) by striking clauses (i) and (ii) of subparagraph (B) and inserting the following new clauses: ``(i) permit such unaccompanied alien child to withdraw their application for admission pursuant to section 235(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1225(a)(4)); and ``(ii) return such unaccompanied alien child to his or her country of nationality or country of last habitual residence.''; and (iv) by striking subparagraph (C) and inserting the following new subparagraph: ``(C) Unaccompanied alien children return agreements with other countries.--The Secretary of Homeland Security shall negotiate agreements between the United States and other countries with respect to the repatriation of unaccompanied alien children. Such agreements shall be designed to protect unaccompanied alien children from severe forms of trafficking in persons, and shall, at a minimum, provide that-- ``(i) no unaccompanied alien child shall be returned to his or her country of nationality or of last habitual residence unless returned to appropriate employees or officials, including child welfare officials where available, of the accepting country's government; ``(ii) no unaccompanied alien child shall be returned to his or her country of nationality or of last habitual residence outside of reasonable business hours; and ``(iii) border personnel of the countries that are parties to such agreements are trained in the terms of such agreements.''; (C) by striking paragraph (4) and inserting the following new paragraph: ``(4) Screening.-- ``(A) In general.--Not later than 96 hours after the Secretary of Homeland Security determines the age of an apprehended alien who is believed to be described in paragraph (2)(A), but in any event prior to returning such alien to the alien's country of nationality or of last habitual residence, the alien shall be screened to determine whether the alien meets the criteria listed in paragraph (2)(A). If the alien does not meet such criteria, or if no determination can be made within 96 hours of the Department of Homeland Security's determination of the age of the apprehended alien, the alien shall immediately be transferred to the Secretary of Health and Human Services and treated in accordance with subsection (b). ``(B) No preclusion of earlier transfer.--Nothing in paragraph (A) shall prevent the earlier transfer of an apprehended alien from the Secretary of Homeland Security to the Secretary of Health and Human Services, provided the Secretary of Homeland Security has, based on documentary or forensic information, both determined that the apprehended alien is in fact an `unaccompanied alien child' as such term is defined in section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)), and has certified to the Department of Health and Human Services to that effect. ``(C) Determination of adult status.-- ``(i) In general.--If the Secretary of Homeland Security determines that an apprehended alien who previously self- identified or was identified as a child is determined, based on biographic, biometric, or forensic information, to be an adult, the apprehended alien shall not be transferred to the Secretary of Health and Human Services, and shall remain in the custody of the Department of Homeland Security. ``(ii) Redetermination.--Following a determination pursuant to clause (i), if the Secretary of Homeland Security receives an evidence-based credible finding that an alien determined to be a child pursuant to clause (i) has obtained the age of 18 years old, the Secretary shall conduct an additional biometric assessment to determine the age of such alien. If the alien is determined to be an adult, they shall be transferred to the custody of the Department of Homeland Security.''; and (D) by striking paragraph (5) and inserting the following new paragraph: ``(5) Ensuring the safe repatriation of unaccompanied alien children.-- ``(A) Repatriation program.--To protect children from trafficking and exploitation, the Secretary of Homeland Security shall finalize a program not later 60 days after the enactment of the `Overhaul Resettlement Reasonably Act of 2022', in consultation with the Secretary of Health and Human Services and the Secretary of State, to develop and implement best practices to ensure the rapid, safe, and sustainable repatriation of unaccompanied alien children to their respective country of nationality or of last habitual residence, including placement with their respective families, legal guardians, or other sponsoring agencies. ``(B) Assessment of country conditions.--To assess the fitness of a country for the purpose of receiving unaccompanied alien children from the United States, the Secretary of Homeland Security shall consider the following factors in the following order of priority: ``(i) The existence or absence of diplomatic relations between the United States and that country. ``(ii) The amount of Federal funding the United States provides to that country. ``(iii) The degree to which that country cooperates with the United States and other countries in bilateral or multilateral national security or law enforcement efforts. ``(iv) The annual gross domestic product of that country and its global rank by annual gross domestic product. ``(v) Any materials produced by the United States Government that supply information about the degree of human smuggling and trafficking that occurs in that country. ``(vi) Any other information that may assist the Secretary of Homeland Security in efforts to repatriate unaccompanied alien children to that country. ``(C) Report on repatriation of unaccompanied alien children.--Not later than January 1 of each year, the Secretary of Homeland Security and the Secretary of Health and Human Services, in consultation with the Secretary of State, shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on efforts to improve repatriation programs for unaccompanied alien children, and shall include-- ``(i) the number of unaccompanied alien children ordered removed and the number of such children actually removed from the United States; ``(ii) a statement of the nationalities, ages, and genders of such children; ``(iii) a description of the policies and procedures used to effect the removal of such children from the United States and the steps taken to ensure that such children were safely and humanely repatriated to their country of nationality or of last habitual residence, including a description of the repatriation program used pursuant to subparagraph (A); ``(iv) a description of the type of immigration relief sought and denied to such children; ``(v) any information gathered in assessments of country and local conditions pursuant to paragraph (2); ``(vi) the number of aliens who self- identify or are identified as unaccompanied alien children but are ultimately determined to be adults by the Department of Homeland Security; and ``(vii) statistical information and other data on unaccompanied alien children as provided for in section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279). ``(D) Placement in removal proceedings.--Any unaccompanied alien child sought to be removed by the Department of Homeland Security, except for an unaccompanied alien child subject to exceptions under subsection (a)(2), shall be-- ``(i) placed in removal proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a); ``(ii) eligible for relief under section 240B of such Act (8 U.S.C. 1229c) at no cost to the child; and ``(iii) provided access to counsel in accordance with subsection (c)(5).''; (2) by striking subsection (b)(4) and inserting the following paragraphs: ``(4) Alien age determinations.-- ``(A) In general.--The Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services and other appropriate Federal agencies, shall develop procedures and provide resources that facilitate the prompt determination of the age of an alien in the custody of the head of each Federal agency. ``(B) Presumption of adulthood.-- Any procedures developed by the Secretary of Homeland Security in accordance with paragraph (A) shall permit a presumption by all Federal agencies that an alien is an adult until such time as either a biographic, biometric, or forensic determination can reasonably determine that an alien is a child. ``(C) Biometric and forensic tools authorized.--The Department of Homeland Security is authorized to use all available biometric and forensic tools as part of the procedures to be developed by the Secretary of Homeland Security in accordance with paragraph (A). ``(5) Mandatory department of justice referral and response.--In the event an alien who initially self-identifies or is identified as a child is subsequently determined, based on biographic, biometric, or forensic information, to be an adult, the Secretary of Homeland Security shall within 10 business days of determination of the alien's age, send a formal referral for criminal investigation of the alien to the Attorney General in order to determine if the alien violated any provision of title 18, United States Code, or any Federal regulation, and the Attorney General shall, within 10 business days of the receipt of that referral, provide formal written notification to the Secretary of Homeland Security as to whether the Attorney General intends to take any further investigative or prosecutorial action, as well as the basis for the Attorney General's decision. ``(6) Notification.--For the purposes of the Secretary of Homeland Security making an age determination and certification on the age of an alien in accordance with subsection (b)(4), each head of each Federal department or agency shall notify the Secretary of Homeland Security within 48 hours upon-- ``(A) the apprehension or discovery of an unaccompanied alien child; or ``(B) any claim or suspicion that an alien in the custody of such department or agency is under 18 years of age. ``(7) Transfer of unaccompanied alien child.--Except in the case of an exceptional circumstance, a Federal department or agency that has in custody an unaccompanied alien child shall transfer custody of such child to the Secretary of Homeland Security not later than 96 hours after determining that such child is an unaccompanied alien child, so that the Department of Homeland Security can make an age determination and certification of the age of the alien in accordance with subsection (a)(4).''; (3) in subsection (c)-- (A) by striking paragraph (1) and inserting the following paragraph: ``(1) Policies and programs.--The Secretary of Health and Human Services and the Secretary of Homeland Security, in consultation with the Attorney General and Secretary of State, shall establish policies and programs to ensure that unaccompanied alien children in the United States are protected from traffickers and other persons seeking to victimize, profit from, or otherwise engage such children in criminal, harmful, or exploitative activity, including policies and programs reflecting best practices in witness security programs.''; (B) by striking paragraphs (2) and (3) and inserting the following new paragraphs: ``(2) Safe and secure placements.-- ``(A) Minors in department of health and human services custody.-- ``(i) In general.--Subject to section 462(b)(2) of the Homeland Security Act o 20092 (6 U.S.C. 279(b)(2)), an unaccompanied alien child who is placed in the custody of the Secretary of Health and Human Services subsequent to the Secretary of Homeland Security's age determination and certification efforts required by paragraph (4) of subsection (b) of this section shall be promptly placed in the setting that is deemed to be in the best interest of both the child and the general public as assessed by the Secretary of Health and Human Services. ``(ii) Criteria for placement.--In making such placement, the Secretary of Health and Human Services shall consider age, actual or possible gang or criminal organization affiliation or membership, danger to self, danger to the community, and risk of flight. ``(iii) Period placement review.--The placement of a child in a secure facility shall be reviewed, at a minimum, once every six months, in accordance with procedures prescribed by the Secretary of Health and Human Services, to determine if such placement remains in the interest of national security or public safety. ``(B) Transfer of aliens from department of health and human services to department of homeland security.-- ``(i) In general.--Not later than six months prior to an unaccompanied alien child's determined age of 18, the Secretary of Health and Human Services shall transfer such alien to the Department of Homeland Security for placement in removal proceedings. ``(ii) Exception for sponsor placement consideration.--In a situation where an unaccompanied alien child is actively being considered for placement with a sponsor six months prior to the alien child's determined eighteenth birthday, the alien child may remain in the Department of Health and Human Services' custody up until his or her eighteenth birthday during such sponsor placement consideration, but shall be immediately transferred to the Department of Homeland Security's custody upon the denial of a sponsor's application or the alien child's eighteenth birthday, whichever comes first. ``(3) Safety and suitability assessments.-- ``(A) In general.--Subject to the requirements of subparagraph (B), an unaccompanied alien child may not be placed with an individual or organizational sponsor unless the Secretary of Health and Human Services makes a formal determination that the proposed sponsor is capable of providing for the child's physical and mental well-being. ``(B) Criteria for evaluation of potential individual sponsor.--The formal determination required under subparagraph (A) for a potential individual sponsor shall, at a minimum, be based on an evaluation of the following criteria: ``(i) The immigration status of both the potential individual sponsor and any other individual in the potential individual sponsor's household or residence. ``(ii) The submission of biographic or biometric information, including fingerprints, DNA, or legal documentation demonstrating a familial relationship, both for the purposes of determining the potential individual sponsor's identity and ensuring a familial relationship in the case that a familial relationship is asserted. ``(iii) A background and fitness check on the potential individual sponsor that uses Department of Homeland Security, Department of Justice, Department of the Treasury, and other Federal databases, including any database containing criminal records. ``(iv) Proof of the potential individual sponsor's ability to work, current employment or existing income, property, assets, and debts in order to ensure appropriate financial resources for care of the unaccompanied alien child. ``(v) Proof of potential individual sponsor's health insurance in order to ensure appropriate medical care of the unaccompanied alien child. ``(vi) Any past or present medical, including psychiatric, condition of the potential individual sponsor or other individual in the potential individual sponsor's household or residence that could pose a health or safety risk for the unaccompanied alien child. ``(vii) Any other information deemed appropriate by the Secretary of Health and Human Services for the purposes of making a formal determination of fitness of a potential sponsor. ``(C) Criteria for evaluation of potential organizational sponsors.--The formal determination required under paragraph (A) for potential organizational sponsors shall be, at a minimum, based on an evaluation of the following criteria: ``(i) Appropriate licensing and other proof of fitness to care for an unaccompanied alien child. ``(ii) Proof that all of the organization's employees are authorized to work in the United States. ``(iii) Any other information deemed appropriate by the Secretary of Health and Human Services for the purposes of making a formal determination of fitness of a potential organizational sponsor. ``(D) Unaccompanied alien child placement audits.-- ``(i) In general.--The Secretary of Homeland Security and the Secretary of Health and Human Services shall conduct both pre- placement audits and post-placement audits of the residences and facilities of individual and organizational sponsors to ensure initial and continuous suitability of sponsors, locations of the residences and facilities, and other conditions for alien child placement. ``(ii) Joint agency responsibility.--Not later than 60 days after the date of the enactment of `Overhaul Resettlement Reasonably Act of 2022', the Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services shall develop and implement a joint plan of action ensuring suitability of placement of unaccompanied alien children in accordance with clause (i). The Secretary of Homeland Security shall be responsible for inspecting residence and facility inspections and any law enforcement investigations as a result of such inspection. ``(iii) Placement restrictions.--The Secretary of Health and Human Services shall not place any unaccompanied alien child with any individual or organizational sponsor until such time as the Secretary of Homeland Security has conducted a pre-placement audit and provided written notice of fitness of such sponsor based on that pre-placement audit to the Secretary of Health and Human Services. ``(iv) Randomized post-placement audits.-- Subsequent to a placement of an unaccompanied alien child with an individual or organizational sponsor by the Secretary of Health and Human Services, the Secretary of Homeland Security shall conduct random post- placement audits of such sponsor, without providing advance notice of the audit to the sponsor. ``(v) Placement revocations.--If, upon a post-placement audit of an unaccompanied alien child's individual or organizational sponsor in accordance with clause (iv), the Secretary of Homeland Security determines that such sponsor is no longer suitable for that unaccompanied alien child, the Secretary of Homeland Security shall remove the unaccompanied alien child from the sponsor's possession, return the unaccompanied alien child to the Secretary of Health and Human Services, and, within 5 business days, provide written notice to the Secretary of Health and Human Services about the conditions and circumstances justifying the removal of the unaccompanied alien child from the sponsor's possession. ``(vi) Mandatory department of justice referral and response.--In the event of any removal of an unaccompanied alien child from the possession of any individual or organizational sponsor in accordance with clause (v), the Secretary of Homeland Security shall, within 10 business days of returning the unaccompanied alien child to the Secretary of Health and Human Services, send a formal referral for criminal investigation of the sponsor to the Attorney General if the Secretary of Homeland Security's basis for removing the unaccompanied alien child from the sponsor's possession was any form of criminal conduct prohibited by title 18, United States Code, or any Federal regulation, and the Attorney General shall, within 10 business days of the receipt of that referral, provide formal written notification to the Secretary of Homeland Security and the Secretary of Health and Human Services as to whether the Attorney General intends to take any further investigative or prosecutorial action, as well as the basis for the Attorney General's decision. ``(vii) Mandatory removal of an alien deemed to be unlawfully present.--In the event of any removal of an unaccompanied alien child from the possession of any individual or organizational sponsor in accordance with clause (v), the Secretary of Homeland Security shall immediately detain and initiate removal proceedings against an alien deemed to be unlawfully present encountered in the course of that post-placement audit. ``(viii) Mandatory bar of problematic sponsors.--In the event of a removal of an unaccompanied alien child from the possession of any individual or organizational sponsor and receipt of written notification from the Secretary of Homeland Security about the conditions and circumstances justifying the removal of the unaccompanied alien child from the sponsor's possession in accordance with clause (v), the Secretary of Health and Human Services shall remove that sponsor from eligibility to serve as a sponsor for any future unaccompanied alien children. ``(ix) Limits on regulatory implementation.--The Secretary of Homeland Security and the Secretary of Health and Human Services may, through regulation, improve or expand the scope or processes for auditing potential and actual placement of an unaccompanied alien child, but shall not limit or waive any requirements established in this subparagraph.''; (4) by striking paragraph (6)(E) and inserting the following new subparagraph: ``(E) Assessment of child advocate program.-- ``(i) In general.--Not later than March 30 of each year, the Comptroller General of the United States shall provide an annual update regarding the effectiveness of, and any recommendations for improving, the Child Advocate Program operated by the Secretary of Health and Human Services. ``(ii) Matters to be studied.--In the annual updates required under clause (i), the Comptroller General shall-- ``(I) analyze the effectiveness of existing child advocate programs in improving outcomes for unaccompanied alien children; ``(II) evaluate the implementation of child advocate programs in new sites pursuant to subparagraph (B); ``(III) evaluate the extent to which unaccompanied alien children are receiving child advocate services and assess the possible budgetary implications of increased participation in the program; ``(IV) evaluate the barriers to improving outcomes for unaccompanied alien children; ``(V) evaluate and identify the international and domestic individuals and organizations that are responsible for the smuggling or trafficking of unaccompanied alien children; and ``(VI) make recommendations on statutory, regulatory, and internal agency guidance changes to improve the Child Advocate Program in relation to the matters analyzed under subclauses (I) through (V). ``(iii) GAO report.--Not later than March 30 of each year, the Comptroller General of the United States shall submit the results of the study required under this subparagraph to-- ``(I) the Committee on the Judiciary of the Senate and House of Representatives; ``(II) the Committee on Homeland Security and Government Affairs of the Senate; ``(III) the Committee on Health, Education, Labor, and Pensions of the Senate; ``(IV) the Committee on Homeland Security of the House of Representatives; and ``(V) the Committee on Education and Labor of the House of Representatives. ``(iv) Authorization of appropriations.-- There is authorized to be appropriated $3,000,000 for each of the fiscal years [to be supplied] to [to be supplied].''; and (5) by striking subsection (e) and inserting the following new subsection: ``(e) Training.--The Secretary of State, the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Attorney General shall provide specialized training to all Federal personnel, and upon request, State and local personnel, who have substantive contact with unaccompanied alien children. Such personnel shall be trained to work with unaccompanied alien children, including identifying children who are victims of severe forms of trafficking in persons, and children for whom asylum or special immigrant relief may be appropriate, including children described in subsection (a)(2).''. <all>

ORR Act of 2022

To amend the Homeland Security Act of 2002 with respect to the definition of unaccompanied alien child, and for other purposes.

ORR Act of 2022 Overhaul Resettlement Reasonably Act of 2022

Rep. Cawthorn, Madison

R

NC

H.R.6190

Emergency Management

Wildfire Smoke Relief Act This bill provides for assistance for the purchase of smoke inhalation prevention equipment to specified individuals at risk of wildfire smoke-related illness. The President, in carrying out the Transitional Sheltering Assistance Program of the Federal Emergency Management Agency (FEMA), shall provide (1) assistance to a state or local government, local public health authority, or a coordinated care organization to purchase and provide such equipment to at-risk individuals; and (2) cost-efficient transitional shelter assistance to at-risk individuals in any case in which such equipment is insufficient to mitigate the risk of illness.

To authorize transitional sheltering assistance for individuals who live in areas with unhealthy air quality caused by wildfires, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Wildfire Smoke Relief Act''. SEC. 2. TRANSITIONAL SHELTERING ASSISTANCE. (a) Definitions.--In this Act: (1) Individual at risk of wildfire smoke related illness.-- The term ``individual at risk of wildfire smoke related illness'' means an individual, living in an area where the air quality index is determined to be unhealthy for not less than 3 consecutive days as a result of a wildfire, who is-- (A) a low-income individual; (B) a parent or guardian with a child who has not attained 19 years of age; (C) a pregnant woman; (D) an individual who is 65 years of age or older; (E) an individual with chronic respiratory or cardiovascular illness; or (F) an individual with a chronic disease that is exacerbated by smoke inhalation. (2) Low-income individual.--The term ``low-income individual'' means an individual from a family whose taxable income (as defined in section 63 of the Internal Revenue Code of 1986) for the preceding year did not exceed 200 percent of an amount equal to the poverty level, as determined by using criteria of poverty established by the Bureau of the Census. (3) Qualified entity.--The term ``qualified entity'' means-- (A) a State or unit of local government; (B) a local public health authority; and (C) a coordinated care organization. (b) Transitional Sheltering Assistance Program.--In carrying out the Transitional Sheltering Assistance Program of the Federal Emergency Management Agency under section 403 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b), the President shall-- (1) provide assistance to a qualified entity to purchase and provide, to an individual at risk of wildfire smoke related illness, smoke-inhalation prevention equipment, including-- (A) a portable air filtration unit; (B) an air filter; (C) a face mask or respirator, such as-- (i) an N95 respirator; (ii) a P100 respirator; or (iii) other equipment certified by the National Institute for Occupational Safety and Health to protect from airborne particle exposure; (D) low-cost equipment to keep smoke out of a house, such as: (i) a weather strip; (ii) not more than 1 portable air- conditioning unit per household; (iii) ventilation equipment; (iv) a screening and shading device; or (v) a window covering; or (E) other similarly effective devices; and (2) in any case in which smoke-inhalation prevention equipment is not sufficient to mitigate the risk of illness, provide cost-efficient transitional shelter assistance to an individual at risk of wildfire smoke related illness. <all>

Wildfire Smoke Relief Act

To authorize transitional sheltering assistance for individuals who live in areas with unhealthy air quality caused by wildfires, and for other purposes.

Wildfire Smoke Relief Act

Rep. Neguse, Joe

D

CO

H.R.3388

Crime and Law Enforcement

Protecting Critical Infrastructure Act of 2021 This bill increases federal criminal penalties for computer fraud and abuse offenses that involve critical infrastructure. The term critical infrastructure means systems and assets, physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health and safety, or any combination of those matters. Specifically, the bill imposes a fine, a mandatory minimum prison term of 30 years, or both for a computer fraud or abuse offense that involves critical infrastructure. Additionally, the bill directs the President to impose asset- and visa-blocking sanctions on foreign individuals and entities that access or attempt to access critical infrastructure.

To amend title 18, United States Code, to increase penalties for certain computer fraud and related offenses that involve critical 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 ``Protecting Critical Infrastructure Act of 2021''. SEC. 2. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH CRITICAL INFRASTRUCTURE. Section 1030(c) of title 18, United States Code, is amended-- (1) in paragraph (4)(G), by striking the period at the end and inserting ``; or''; and (2) by inserting after paragraph (4) the following: ``(5) a fine under this title and imprisonment for not less than 30 years or for life, in the case of an offense that involves critical infrastructure (as such term is defined in section 1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e))).''. SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT KNOWINGLY ACCESS CRITICAL INFRASTRUCTURE. (a) Imposition of Sanctions.--The President shall impose the sanctions described in subsection (b) with respect to any foreign person that the President determines knowingly accesses or attempts to access critical infrastructure (as such term is defined in section 1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e))) for the purpose of harming-- (1) the national security or defense of the United States; or (2) the safety and security of any United States citizen or alien lawfully admitted for permanent residence. (b) Sanctions Described.-- (1) In general.--The sanctions described in this subsection with respect to a foreign person determined by the President to be subject to subsection (a) are the following: (A) Asset blocking.--The President shall exercise of all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Inadmissibility of certain individuals.-- (i) Ineligibility for visas, admission, or parole.--In the case of a foreign person who is an individual, the foreign person is-- (I) inadmissible to the United States; (II) ineligible to receive a visa or other documentation to enter the United States; and (III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (ii) Current visas revoked.-- (I) In general.--In the case of a foreign person who is an individual, the visa or other documentation issued to the person shall be revoked, regardless of when such visa or other documentation is or was issued. (II) Effect of revocation.--A revocation under subclause (I) shall-- (aa) take effect immediately; and (bb) automatically cancel any other valid visa or entry documentation that is in the person's possession. (2) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (3) Exception to comply with united nations headquarters agreement.--Sanctions under paragraph (1)(B) shall not apply to a foreign person who is an individual if admitting the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (c) Waiver.--The President may, on a case-by-case basis and for periods not to exceed 180 days, waive the application of sanctions imposed with respect to a foreign person under this section if the President certifies to the appropriate congressional committees not later than 15 days before such waiver is to take effect that the waiver is vital to the national security interests of the United States. (d) Implementation Authority.--The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this section. (e) Regulatory Authority.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the President shall promulgate such regulations as are necessary for the implementation of this section. (2) Notification to congress.--Not less than 10 days before the promulgation of regulations under paragraph (1), the President shall notify and provide to the appropriate congressional committees the proposed regulations and an identification of the provisions of this section that the regulations are implementing. (f) Definitions.--In this section: (1) Admitted; alien.--The terms ``admitted'' and ``alien'' have the meanings given those terms in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)). (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs, the Committee on the Judiciary, the Committee on Ways and Means, and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on the Judiciary, the Committee on Finance, and the Committee on Banking, Housing, and Urban Affairs of the Senate. (3) Foreign person.--The term ``foreign person'' means a person that is not a United States person. (4) Knowingly.--The term ``knowingly'', with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (5) Person.--The term ``person'' means an individual or entity. (6) Property; interest in property.--The terms ``property'' and ``interest in property'' have the meanings given the terms ``property'' and ``property interest'', respectively, in section 576.312 of title 31, Code of Federal Regulations, as in effect on the day before the date of the enactment of this Act. (7) United states person.--The term ``United States person'' means-- (A) an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States. <all>

Protecting Critical Infrastructure Act of 2021

To amend title 18, United States Code, to increase penalties for certain computer fraud and related offenses that involve critical infrastructure, and for other purposes.

Protecting Critical Infrastructure Act of 2021

Rep. Fallon, Pat

R

TX

H.R.1484

Taxation

Rural Wind Energy Modernization and Extension Act of 2021 This bill expands the energy tax credit to include qualified distributed wind energy property. The bill defines qualified distributed wind energy property to include property that uses one or more wind turbines used to produce electricity in a single project with a total nameplate capacity not exceeding 10 megawatts.

To amend the Internal Revenue Code of 1986 to modify the energy tax credit to apply to qualified distributed wind energy property. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Wind Energy Modernization and Extension Act of 2021''. SEC. 2. QUALIFIED DISTRIBUTED WIND ENERGY PROPERTIES ADDED TO ENERGY CREDIT. (a) In General.--Section 48 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (a)-- (A) in paragraph (7)-- (i) in the header, by striking, ``Phaseout for fiber-optic solar, qualified fuel cell, and qualified small wind energy property'' and inserting ``Phaseout for fiber-optic solar or qualified fuel cell property'', and (ii) by striking ``qualified fuel cell property, qualified small wind property, or energy property'' and inserting ``qualified fuel cell property or energy property'', and (B) by adding at the end the following new paragraph: ``(8) Phaseout for qualified distributed wind energy property.-- ``(A) In general.--Subject to subparagraph (B), in the case of any qualified distributed wind energy property described in paragraph (3)(A)(vi), the energy percentage determined under paragraph (2) shall be equal to-- ``(i) in the case of any property the construction of which begins before January 1, 2028, 30 percent, and ``(ii) in the case of any property the construction of which begins after December 31, 2027, 10 percent. ``(B) Placed in service deadline.--In the case of any qualified distributed wind energy property described in subparagraph (A)(i) which is not placed in service before January 1, 2029, the energy percentage determined under paragraph (2) shall be equal to 10 percent.'', (2) by striking ``qualified small wind energy property'' each place it appears and inserting ``qualified distributed wind energy property'', and (3) by amending subsection (c)(4) to read as follows: ``(4) Qualified distributed wind energy property.-- ``(A) In general.--The term `qualified distributed wind energy property' means property that uses one or more wind turbines in a single project with a total nameplate capacity not exceeding 10 MW which-- ``(i) are installed on properties with sufficient electrical load such that the annual energy consumption of the property is at least 50 percent of the annual energy produced by the wind energy property, or ``(ii) are used as part of a subscription- based or shared-ownership program that benefits at least five customers and allocates energy production proportionately to subscription or ownership where no more than 50 percent of the energy produced is claimed by any one owner or subscriber. ``(B) Wind turbine.--The term `wind turbine' means equipment which-- ``(i) uses wind to produce electricity, and ``(ii) is certified by an accredited certification agency that applies the performance and design standards of the American Wind Energy Association or International Electrotechnical Commission.''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. <all>

Rural Wind Energy Modernization and Extension Act of 2021

To amend the Internal Revenue Code of 1986 to modify the energy tax credit to apply to qualified distributed wind energy property.

Rural Wind Energy Modernization and Extension Act of 2021

Rep. Blumenauer, Earl

D

OR

S.98

Taxation

Neighborhood Homes Investment Act This bill establishes a new business-related tax credit to finance home building and rehabilitation in neighborhoods that meet certain eligibility criteria relating to poverty rates, income, and home values. The credit is limited to 35% of the lesser of the qualified development cost (i.e., the cost of construction, substantial rehabilitation, demolition, and environmental remediation of residential properties) or 80% of the national median sale price for new homes. The credit applies to single family homes containing four or fewer residential units, condominiums, or houses or apartments owned by cooperative housing corporations.

To amend the Internal Revenue Code of 1986 to allow a credit against tax for neighborhood revitalization, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Neighborhood Homes Investment Act''. SEC. 2. NEIGHBORHOOD HOMES 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 42 the following new section: ``SEC. 42A. NEIGHBORHOOD HOMES CREDIT. ``(a) Allowance of Credit.--For purposes of section 38, the amount of the neighborhood homes credit determined under this section for a taxable year for a qualified project shall be, with respect to each qualified residence that is part of such qualified project and that experiences a qualified completion event during such taxable year, an amount equal to-- ``(1) in the case of an affordable sale, with respect to the seller, the excess of-- ``(A) the qualified development cost incurred by such seller for such qualified residence, over ``(B) the sale price of such qualified residence, or ``(2) in the case of any other qualified completion event, with respect to a taxpayer other than the owner of the qualified residence (or a related person with respect to such owner), the excess of-- ``(A) the development cost incurred by such taxpayer for such qualified residence, over ``(B) the amount received by such taxpayer as payment for such rehabilitation. ``(b) Limitations.-- ``(1) Amount.--The amount determined under subsection (a) with respect to a qualified residence shall not exceed 35 percent of the lesser of-- ``(A) the qualified development cost, or ``(B) 80 percent of the national median sale price for new homes (as determined pursuant to the most recent census data available as of the date on which the neighborhood homes credit agency makes an allocation for the qualified project). ``(2) Allocations.-- ``(A) In general.--The amount determined under subsection (a) with respect to a qualified residence that is part of a qualified project and that experiences a qualified completion event shall not exceed the excess of-- ``(i) the amount determined under subparagraph (B), over ``(ii) the amounts previously determined under subsection (a) with respect to such qualified project. ``(B) Allocation amount.--The amount determined under this paragraph with respect to a qualified residence that is part of a qualified project and that experiences a qualified completion event is the least of-- ``(i) the amount allocated to such project by the neighborhood homes credit agency under this section, ``(ii) pursuant to subparagraph (C), the amount such agency determines at the time of the qualified completion event is necessary to ensure the financial feasibility of the project, or ``(iii) in the case of a qualified completion event that occurs after the 5-year period beginning on the date of the allocation referred to in clause (i), $0. ``(C) Financial feasibility.--For purposes of subparagraph (B)(ii), the neighborhood homes credit agency shall consider-- ``(i) the sources and uses of funds and the total financing planned for the qualified project, ``(ii) any proceeds or receipts expected to be generated by reason of tax benefits, ``(iii) the percentage of the amount allocated to such project under this section used for project costs other than the cost of intermediaries, and ``(iv) the reasonableness of the developmental costs and fees of the qualified project. ``(c) Qualified Development Cost.--For purposes of this section-- ``(1) In general.--The term `qualified development cost' means, with respect to a qualified residence, so much of the allowable development cost as the neighborhood homes credit agency certifies, at the time of the completion event, meets the standards promulgated under subsection (h)(1)(C). ``(2) Allowable development cost.--The term `allowable development cost' means-- ``(A) the cost of construction, substantial rehabilitation, demolition of any structure, and environmental remediation, and ``(B) in the case of an affordable sale, so much of the cost of acquiring buildings and land as does not exceed an amount equal to 75 percent of the costs described in subparagraph (A). ``(3) Condominium and cooperative housing units.--In the case of a qualified residence described in subparagraph (B) or (C) of subsection (f)(1), the allowable development cost of such qualified residence shall be an amount equal to the total allowable development cost of the entire condominium or cooperative housing property in which such qualified residence is located, multiplied by a fraction-- ``(A) the numerator of which is the total floor space of such qualified residence, and ``(B) the denominator of which is the total floor space of all residences within such property. ``(d) Qualified Project.--For purposes of this section, the term `qualified project' means a project that-- ``(1) a neighborhood homes credit agency certifies will build or substantially rehabilitate one or more qualified residences located in one or more qualified census tracts, and ``(2) is designated by such agency as a qualified project under this section and is allocated (before such building or substantial rehabilitation begins) a portion of the amount allocated to such agency under subsection (g). ``(e) Qualified Census Tract.--For purposes of this section-- ``(1) In general.--The term `qualified census tract' means a census tract-- ``(A) with-- ``(i) a median gross income which does not exceed 80 percent of the applicable area median gross income, ``(ii) a poverty rate that is not less than 130 percent of the applicable area poverty rate, and ``(iii) a median value for owner-occupied homes that does not exceed applicable area median value for owner-occupied homes, ``(B) which is located in a city with a population of not less than 50,000 and a poverty rate that is not less than 150 percent of the applicable area poverty rate, and which has-- ``(i) a median gross income which does not exceed the applicable area median gross income, and ``(ii) a median value for owner-occupied homes that does not exceed 80 percent of the applicable area median value for owner-occupied homes, or ``(C) which is located in a nonmetropolitan county and which has-- ``(i) a median gross income which does not exceed the applicable area median gross income, and ``(ii) been designated by a neighborhood homes credit agency under this clause. ``(2) Additional census tracts for substantial rehabilitation.--In the case of a qualified residence that is intended for substantial rehabilitation described in subsection (f)(5)(B), the term `qualified census tract' includes a census tract that meets the requirements of paragraph (1)(A), without regard to clause (iii), and that is designated by the neighborhood homes credit agency under this paragraph. ``(3) List of qualified census tracts.--The Secretary of Housing and Urban Development shall, for each year, make publicly available a list of qualified census tracts under-- ``(A) on a combined basis, subparagraphs (A) and (B) of paragraph (1), ``(B) subparagraph (C) of such paragraph, and ``(C) paragraph (2). ``(f) Other Definitions.--For purposes of this section-- ``(1) Qualified residence.--The term `qualified residence' means a residence that consists of-- ``(A) a single-family home containing 4 or fewer residential units, ``(B) a condominium unit, or ``(C) a house or an apartment owned by a cooperative housing corporation (as defined in section 216(b)). ``(2) Affordable sale.-- ``(A) In general.-- ``(i) In general.--The term `affordable sale' means a sale to a qualified homeowner of a qualified residence that the neighborhood homes credit agency certifies as meeting the standards promulgated under subsection (h)(1)(D) for a price that does not exceed-- ``(I) in the case of any qualified residence not described in subclause (II), (III), or (IV), the amount equal to the product of 4 multiplied by the applicable area median gross income, ``(II) in the case of a single- family home containing two residential units, 125 percent of the amount described in subclause (I), ``(III) in the case of a single- family home containing three residential units, 150 percent of the amount described in subclause (I), or ``(IV) in the case of a single- family home containing four residential units, 175 percent of the amount described in subclause (I). ``(ii) Related persons.-- ``(I) In general.--A sale between related persons shall not be treated as an affordable sale. ``(II) Definition.--For purposes of this section, a person (in this clause referred to as the `related person') is related to any person if the related person bears a relationship to such person specified in section 267(b) or 707(b)(1), or the related person and such person are engaged in trades or businesses under common control (within the meaning of subsections (a) and (b) of section 52). For purposes of the preceding sentence, in applying section 267(b) or 707(b)(1), `10 percent' shall be substituted for `50 percent'. ``(3) Applicable area.--The term `applicable area' means-- ``(A) in the case of a metropolitan census tract, the metropolitan area in which such census tract is located, and ``(B) in the case of a census tract other than a census tract described in subparagraph (A), the State. ``(4) Substantial rehabilitation.--The term `substantial rehabilitation' means rehabilitation efforts involving qualified development costs that are not less than the greater of-- ``(A) $20,000, or ``(B) 20 percent of the cost of acquiring buildings and land. ``(5) Qualified completion event.--The term `qualified completion event' means-- ``(A) in the case of a qualified residence that is built or substantially rehabilitated as part of a qualified project and sold, an affordable sale, or ``(B) in the case of a qualified residence that is substantially rehabilitated as part of a qualified project and owned by the same qualified homeowner throughout such rehabilitation, the completion of such rehabilitation (as determined by the neighborhood homes credit agency) to the standards promulgated under subsection (h)(1)(D). ``(6) Qualified homeowner.-- ``(A) In general.--The term `qualified homeowner' means, with respect to a qualified residence, an individual-- ``(i) who owns and uses such qualified residence as the principal residence of such individual, and ``(ii) whose income is 140 percent or less of the applicable area median gross income for the location of the qualified residence. ``(B) Ownership.--For purposes of a cooperative housing corporation (as such term is defined in section 216(b)), a tenant-stockholder shall be treated as owning the house or apartment which such person is entitled to occupy. ``(C) Income.--For purposes of this paragraph, income shall be a determined in accordance with section 143(f)(2) and 143(f)(4). ``(D) Timing.--For purposes of this paragraph, the income of a taxpayer shall be determined-- ``(i) in the case of a qualified residence that is built or substantially rehabilitated as part of a qualified project and sold, at the time a binding contract for purchase is made, or ``(ii) in the case of a qualified residence that is occupied by a qualified homeowner and intended to be substantially rehabilitated as part of a qualified project, at the time a binding contract to undertake such rehabilitation is made. ``(7) Neighborhood homes credit agency.--The term `neighborhood homes credit agency' means the agency designated by the governor of a State as the neighborhood homes credit agency of the State. ``(g) Allocation.-- ``(1) State neighborhood homes credit ceiling.--The State neighborhood homes credit amount for a State for a calendar year is an amount equal to the greater of-- ``(A) the product of $6, multiplied by the State population (determined in accordance with section 146(j)), or ``(B) $8,000,000. ``(2) Unused amount.--The State neighborhood homes credit amount for a calendar year shall be increased by the sum of-- ``(A) any amount certified by the neighborhood homes credit agency of the State as having been previously allocated to a qualified project and not used during the 5-year period described in subsection (b)(2)(B)(iii), plus ``(B) sum of the amount by which the amount determined under paragraph (1) (without application of this paragraph) exceeded the amount allocated to qualified projects in each of the three immediately preceding calendar years. ``(3) Portion of state credit ceiling for certain projects involving qualified nonprofit organizations.--Rules similar to the rules of section 42(h)(5) shall apply. ``(h) Responsibilities of Neighborhood Homes Credit Agencies.-- ``(1) In general.--Notwithstanding subsection (g), the State neighborhood homes credit dollar amount shall be zero for a calendar year unless the neighborhood homes credit agency of the State-- ``(A) allocates such amount pursuant to a qualified allocation plan of the neighborhood homes credit agency, ``(B) allocates not more than 20 percent of such amount for the previous year to projects with respect to qualified residences in census tracts under subsection (e)(1)(C) or (e)(2), ``(C) promulgates standards with respect to reasonable qualified development costs and fees, ``(D) promulgates standards with respect to construction quality, and ``(E) submits to the Secretary (at such time and in such manner as the Secretary may prescribe) an annual report specifying-- ``(i) the amount of the neighborhood homes credits allocated to each qualified project for the previous year, ``(ii) with respect to each qualified residence completed in the preceding calendar year-- ``(I) the census tract in which such qualified residence is located, ``(II) with respect to the qualified project that includes such qualified residence, the year in which such project received an allocation under this section, ``(III) whether such qualified residence was new or substantially rehabilitated, ``(IV) the eligible basis of such qualified residence, ``(V) the amount of the neighborhood homes credit with respect to such qualified residence, ``(VI) the sales price of such qualified residence or, in the case of a qualified residence that is substantially rehabilitated as part of a qualified project and is owned by the same qualified homeowner during the entirety of such rehabilitation, the cost of the substantial rehabilitation, and ``(VII) the income of the qualified homeowner (expressed as a percentage of the applicable area median gross income for the location of the qualified residence), and ``(iii) such other information as the Secretary may require. ``(2) Qualified allocation plan.--For purposes of this subsection, the term `qualified allocation plan' means any plan which-- ``(A) sets forth the selection criteria to be used to prioritize qualified projects for allocations of State neighborhood homes credit dollar amounts, including-- ``(i) the need for new or substantially rehabilitated owner-occupied homes in the area addressed by the project, ``(ii) the expected contribution of the project to neighborhood stability and revitalization, ``(iii) the capability of the project sponsor, and ``(iv) the likelihood the project will result in long-term homeownership, ``(B) has been made available for public comment, and ``(C) provides a procedure that the neighborhood homes credit agency (or any agent or contractor of such agency) shall follow for purposes of-- ``(i) identifying noncompliance with any provisions of this section, and ``(ii) notifying the Internal Revenue Service of any such noncompliance of which the agency becomes aware. ``(i) Possessions Treated as States.--For purposes of this section, the term `State' includes the District of Columbia and a possession of the United States. ``(j) Repayment.-- ``(1) In general.-- ``(A) Sold during 5-year period.--If a qualified residence is sold during the 5-year period beginning on the date of the qualified completion event described in subsection (a) with respect to such qualified residence, the seller shall transfer an amount equal to the repayment amount from the amount realized on such sale to the relevant neighborhood homes credit agency. ``(B) Use of repayments.--A neighborhood homes credit agency shall use any amount received pursuant to subparagraph (A) only for purposes of qualified projects. ``(2) Repayment amount.--For purposes of paragraph (1)(A), the repayment amount is an amount equal to 50 percent of the gain from such resale, reduced by 20 percent for each year of the 5-year period referred to in paragraph (1)(A) which ends before the date of the sale referred to in such paragraph. ``(3) Lien for repayment amount.--A neighborhood homes credit agency receiving an allocation under this section shall place a lien on each qualified residence that is built or rehabilitated as part of a qualified project for an amount such agency deems necessary to ensure potential repayment pursuant to paragraph (1)(A). ``(4) Denial of deductions if converted to rental housing.--If, during the 5-year period beginning on the date of the qualified completion event described in subsection (a), an individual who owns a qualified residence fails to use such qualified residence as such individual's principal residence for any period of time, no deduction shall be allowed for expenses paid or incurred by such individual with respect to renting, during such period of time, such qualified residence. ``(5) Waiver.--The neighborhood homes credit agency may waive the repayment required under paragraph (1)(A) in the case of homeowner experiencing a hardship. ``(k) Report.-- ``(1) In general.--The Secretary shall annually issue a report, to be made available to the public, which contains the information submitted pursuant to subsection (h)(1)(E). ``(2) De-identification.--The Secretary shall ensure that any information made public pursuant to paragraph (1) excludes any information that would allow for the identification of qualified homeowners. ``(l) Inflation Adjustment.-- ``(1) In general.--In the case of a calendar year after 2022, the dollar amounts in this section shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2021' for `calendar year 2016' in subparagraph (A)(ii) thereof. ``(2) Rounding.-- ``(A) Substantial rehabilitation.--In the case of the dollar amount in subsection (f)(4), any increase under the preceding sentence which is not a multiple of $1,000 shall be rounded to the nearest multiple of $1,000. ``(B) In the case of the dollar amount in subsection (g)(1)(A), any increase under the preceding sentence which is not a multiple of $0.01 shall be rounded to the nearest multiple of $0.01. ``(C) In the case of the dollar amount in subsection (g)(1)(B), any increase under the preceding sentence which is not a multiple of $100,000 shall be rounded to the nearest multiple of $100,000.''. (b) Current Year Business Credit Calculation.--Section 38(b) of the Internal Revenue Code of 1986 is amended by redesignating paragraphs (6) through (33) as paragraphs (7) through (34), respectively, and by inserting after paragraph (5) the following new paragraph: ``(6) the neighborhood homes credit determined under section 42A(a),''. (c) Limitation on Carryback.--Section 39 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) No Carryback of Neighborhood Homes Credit Before Effective Date.--No amount of the unused credit attributable to section 42A may be taken into account under section 38(a)(3) for any taxable year beginning before the date of the enactment of this subsection.''. (d) Conforming Amendments.--Subsections (i)(3)(C), (i)(6)(B)(i), and (k)(1) of section 469 of the Internal Revenue Code of 1986 are each amended by inserting ``or 42A'' after ``section 42''. (e) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 42 the following: ``Sec. 42A. Neighborhood homes credit.''. (f) Effective Date.--The amendments made by this section shall apply to calendar years beginning after December 31, 2021. <all>

Neighborhood Homes Investment Act

A bill to amend the Internal Revenue Code of 1986 to allow a credit against tax for neighborhood revitalization, and for other purposes.

Neighborhood Homes Investment Act

Sen. Cardin, Benjamin L.

D

MD

H.R.6948

Health

This bill requires the Food and Drug Administration to update its regulations relating to the manufacture of human cells, tissue, and cellular and tissue-based products (HCT/Ps), including an update to the definition of minimal manipulation. (The regulations are commonly referred to as the tissue rules; HCT/Ps that are minimally manipulated and meet other criteria are not regulated as drugs, devices, or biologics and therefore are not subject to premarket review.)

To direct the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to promulgate rules to update certain regulations relating to human cells, tissues, and cellular and tissue-based products, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. UPDATING CERTAIN REGULATIONS RELATING TO HUMAN CELLS, TISSUES, AND CELLULAR AND TISSUE-BASED PRODUCTS. (a) In General.--The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall update the regulations in part 1271 of title 21, Code of Federal Regulations (as in effect on the date of the enactment of this Act), including such revisions as may be necessary to update the definition of the term ``minimal manipulation'' specified in section 1271.3 of title 21, Code of Federal Regulations (as in effect on such date of enactment). (b) Timeline.--The Secretary shall-- (1) issue proposed regulations to carry out the updates required under subsection (a) not later than 1 year after the date of the enactment of this Act; and (2) finalize such proposed regulations not later than 1 year after the date on which such proposed regulations are issued. <all>

To direct the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to promulgate rules to update certain regulations relating to human cells, tissues, and cellular and tissue-based products, and for other purposes.

To direct the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to promulgate rules to update certain regulations relating to human cells, tissues, and cellular and tissue-based products, 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 promulgate rules to update certain regulations relating to human cells, tissues, and cellular and tissue-based products, and for other purposes.

Rep. Crenshaw, Dan

R

TX

H.R.6582

Taxation

Virtual Currency Tax Fairness Act of 2022 This bill excludes from gross income, for income tax purposes, up to $200 of gain from the disposition of virtual currency in a personal transaction. The bill defines virtual currency as a digital representation of value that is used as a medium of exchange and is not otherwise currency.

To amend the Internal Revenue Code of 1986 to exclude from gross income gain from disposition of virtual currency in a personal transaction. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Virtual Currency Tax Fairness Act of 2022''. SEC. 2. VIRTUAL CURRENCY. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139I the following new section: ``SEC. 139J. GAIN FROM DISPOSITION OF VIRTUAL CURRENCY. ``(a) In General.--Gross income of an individual shall not include gain, by reason of changes in exchange rates, from the disposition of virtual currency in a personal transaction (as such term is defined in section 988(e)). The preceding sentence shall not apply if the gain which would otherwise be recognized on the transaction exceeds $200. ``(b) Virtual Currency.--For purposes of this section, the term `virtual currency' means a digital representation of value that is used as a medium of exchange and is not otherwise currency under section 988.''. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139I the following new item: ``Sec. 139J. Gain from disposition of virtual currency.''. (c) Effective Date.--The amendments made by this section shall apply with respect to transactions entered into after December 31, 2021. <all>

Virtual Currency Tax Fairness Act of 2022

To amend the Internal Revenue Code of 1986 to exclude from gross income gain from disposition of virtual currency in a personal transaction.

Virtual Currency Tax Fairness Act of 2022

Rep. DelBene, Suzan K.

D

WA

H.R.879

Families

This bill requires states receiving grants for child abuse or neglect prevention and treatment to conduct family assessments and use a risk-based approach in addressing the needs of families with infants born with, and identified as being affected by, substance use or withdrawal symptoms, or related conditions. Further, the Children's Bureau of the Administration for Children & Families must provide guidance and technical assistance with respect to these requirements.

To amend the Child Abuse Prevention and Treatment Act with respect to infants born with and identified as being affected by substance use or withdrawal symptoms, Neonatal Abstinence Syndrome, or Fetal Alcohol Spectrum Disorder, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. GRANTS TO STATES. Paragraph (2) of section 106(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)) is amended-- (1) in subparagraph (B)-- (A) by striking clauses (ii) and (iii); and (B) by redesignating clauses (iv) through (xxv) as clauses (ii) through (xxiii), respectively; and (2) in subparagraph (D)-- (A) by redesignating clauses (i) through (vi) as clauses (iii) through (viii), respectively; and (B) by inserting before clause (iii), as so redesignated: ``(i) policies and procedures (including appropriate referrals to child welfare service systems and for other appropriate services (including home visiting services and mutual support and parent partner programs) determined by a family assessment) to address the needs of infants born with and identified as being affected by substance use or withdrawal symptoms resulting from prenatal drug exposure, or a Fetal Alcohol Spectrum Disorder, including a requirement that health care providers involved in the delivery or care of such infants notify the child protective welfare service system of the occurrence of such condition in such infants, except that-- ``(I) child protective services shall undertake an investigation only when the findings of a family assessment warrant such investigation; and ``(II) such notification shall not be construed to-- ``(aa) establish a definition under Federal law of what constitutes child abuse or neglect; or ``(bb) require prosecution for any illegal action; ``(ii) the development of a multi- disciplinary plan of safe care for the infant born and identified as being affected by substance use or withdrawal symptoms or a Fetal Alcohol Spectrum Disorder to ensure the safety and well-being of such infant following release from the care of health care providers, including through-- ``(I) using a risk-based approach to develop each plan of safe care; ``(II) addressing, through coordinated service delivery, the health and substance use disorder treatment needs of the infant and affected family or caregiver as determined by a family assessment; and ``(III) the development and implementation by the State of monitoring systems regarding the implementation of such plans of safe care to determine whether and in what manner local entities are providing, in accordance with State requirements, referrals to and delivery of appropriate services for the infant and affected family or caregiver;''. SEC. 2. GUIDANCE AND TECHNICAL ASSISTANCE. Section 114(1) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5108(1)) is amended-- (1) in each of subparagraphs (A) and (B), by striking ``and'' at the end; and (2) by adding at the end the following: ``(C) include written guidance and technical assistance to support States, which shall include guidance on the requirements of this Act with respect to infants born with and identified as being affected by substance use or withdrawal symptoms, Neonatal Abstinence Syndrome, or Fetal Alcohol Spectrum Disorder, as described in clauses (i) and (ii) of section 106(b)(2)(D), including by-- ``(i) enhancing States' understanding of requirements and flexibilities under the law, including by clarifying key terms; ``(ii) addressing State-identified challenges with developing, implementing, and monitoring plans of safe care; and ``(iii) disseminating best practices on implementation of plans of safe care, on such topics as differential response, collaboration and coordination, and identification and delivery of services for different populations, while recognizing needs of different populations and varying community approaches across States; and ``(D) include the submission of a report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate not later than 1 year after the date of the enactment of this Act that contains a description of the activities taken by the Secretary to comply with the requirements of subparagraph (C); and''. <all>

To amend the Child Abuse Prevention and Treatment Act with respect to infants born with and identified as being affected by substance use or withdrawal symptoms, Neonatal Abstinence Syndrome, or Fetal Alcohol Spectrum Disorder, and for other purposes.

To amend the Child Abuse Prevention and Treatment Act with respect to infants born with and identified as being affected by substance use or withdrawal symptoms, Neonatal Abstinence Syndrome, or Fetal Alcohol Spectrum Disorder, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To amend the Child Abuse Prevention and Treatment Act with respect to infants born with and identified as being affected by substance use or withdrawal symptoms, Neonatal Abstinence Syndrome, or Fetal Alcohol Spectrum Disorder, and for other purposes.

Rep. Jayapal, Pramila

D

WA

H.R.8881

Health

Mental Health Transparency Act This bill requires private health insurance plans to publish information about the number and percentage of behavioral health care and substance use disorder treatment providers located in the service area of the plan that are in-network. Additionally, the Department of Health and Human Services must establish designations to reflect the breadth of in-network coverage for each type of provider in a service area.

To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to require group health plans and health insurance issuers offering group or individual health insurance coverage to disclose the percentage of in- network participation for certain provider types, and for other purposes. Be it enacted by the Senate 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 Transparency Act''. SEC. 2. REQUIRING DISCLOSURE OF PERCENTAGE OF IN-NETWORK PARTICIPATION FOR CERTAIN PROVIDER TYPES. (a) PHSA.--Part D of title XXVII of the Public Health Service Act (42 U.S.C. 300g-111 et seq.) is amended by adding at the end the following new section: ``SEC. 2799A-11. REQUIRED DISCLOSURE OF PERCENTAGE OF IN-NETWORK PARTICIPATION FOR CERTAIN PROVIDER TYPES. ``(a) In General.--A group health plan and a health insurance issuer offering group or individual health insurance coverage shall, along with any summary of benefits and coverage provided under section 2715 (and in accordance with the timing and manner specified under such section and the implementing regulations of such section), and on a public website, make available the following information with respect to each type of provider specified in subsection (b): ``(1) The number and percentage of providers of such type located in the service area of such plan or coverage that have a contractual relationship (as defined by the Secretary) in effect with such plan or coverage for furnishing items and services under such plan or coverage, determined in accordance with information made available by the Secretary under subsection (d). ``(2) The designation established by the Secretary under subsection (c) corresponding to the percentage described in paragraph (1). ``(b) Specified Providers.--For purposes of this section, the types of providers and facilities specified in this subsection are the following (as defined by the Secretary and broken down by subspecialty as specified by the Secretary): ``(1) Behavioral health care providers and facilities. ``(2) Substance use disorder treatment providers and facilities. ``(c) Establishment of Designations of In-Network Participation.-- ``(1) In general.--Not later than 1 year after the date of the enactment of this section, the Secretary, in consultation with the Secretaries of Labor and of the Treasury, shall establish a system of designations (such as `high', `medium', and `low', a star rating, or such other designation determined appropriate by the Secretary) that correspond to ranges of percentages (from 0 to 100) described in subsection (a)(1) to qualitatively reflect the breadth of the networks of group health plans and group and individual health insurance coverage with respect to each type of provider specified in subsection (b). ``(2) Variation permitted.--Designations corresponding to percentage ranges established under paragraph (1) may vary by type of service area (such as rural or urban), size of service area, and other factors determined appropriate by the Secretary in consultation with the Secretaries of Labor and of the Treasury. ``(d) Information on Providers.-- ``(1) In general.--Not later than June 30, 2025, the Secretary, in consultation with the Secretaries of Labor and of the Treasury, shall, based on information submitted under section 2799B-10, post on a public website a list of each specified provider in the country, along with the location of each such provider in which such provider furnishes items and services and each specialty designation (if any) of each such provider. The Secretary shall update the information published under the previous sentence not less frequently than annually. ``(2) Treatment of group practices.--For purposes of the list described in paragraph (1), the Secretary shall list each individual health care provider separately, regardless of whether such provider is part of a group practice. ``(e) Service Area Definition.--For purposes of this section, the term `service area' means, with respect to a group health plan and group or individual health insurance coverage, the area or areas in which in-person participants and beneficiaries are covered, as determined by the plan or issuer of such coverage in accordance with rules specified by the Secretary in consultation with the Secretaries of Labor and of the Treasury.''. (b) ERISA.-- (1) In general.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 726. REQUIRED DISCLOSURE OF PERCENTAGE OF IN-NETWORK PARTICIPATION FOR CERTAIN PROVIDER TYPES. ``(a) In General.--A group health plan and a health insurance issuer offering group health insurance coverage shall, along with any summary of benefits and coverage provided under section 2715 of the Public Health Service Act (and in accordance with the timing and manner specified under such section and the implementing regulations of such section), and on a public website, make available the following information with respect to each type of provider specified in subsection (b): ``(1) The number and percentage of providers of such type located in the service area of such plan or coverage that have a contractual relationship (as defined by the Secretary) in effect with such plan or coverage for furnishing items and services under such plan or coverage, determined in accordance with information made available by the Secretary under subsection (d). ``(2) The designation established by the Secretary under subsection (c) corresponding to the percentage described in paragraph (1). ``(b) Specified Providers.--For purposes of this section, the types of providers and facilities specified in this subsection are the following (as defined by the Secretary and broken down by subspecialty as specified by the Secretary): ``(1) Behavioral health care providers and facilities. ``(2) Substance use disorder treatment providers and facilities. ``(c) Establishment of Designations of In-Network Participation.-- ``(1) In general.--Not later than 1 year after the date of the enactment of this section, the Secretary, in consultation with the Secretaries of Health and Human Services and of the Treasury, shall establish a system of designations (such as `high', `medium', and `low', a star rating, or such other designation determined appropriate by the Secretary) that correspond to ranges of percentages (from 0 to 100) described in subsection (a)(1) to qualitatively reflect the breadth of the networks of group health plans and group health insurance coverage with respect to each type of provider specified in subsection (b). ``(2) Variation permitted.--Designations corresponding to percentage ranges established under paragraph (1) may vary by type of service area (such as rural or urban), size of service area, and other factors determined appropriate by the Secretary in consultation with the Secretaries of Health and Human Services and of the Treasury. ``(d) Information on Providers.-- ``(1) In general.--Not later than June 30, 2025, the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and of the Treasury, shall, based on the information submitted under section 2799B-10 of the Public Health Service Act, post on a public website a list of each specified provider in the country, along with the location of each such provider in which such provider furnishes items and services and each specialty designation (if any) of each such provider. The Secretary of Health and Human Services shall update the information published under the previous sentence not less frequently than annually. ``(2) Treatment of group practices.--For purposes of the list described in paragraph (1), the Secretary shall list each individual health care provider separately, regardless of whether such provider is part of a group practice. ``(e) Service Area Definition.--For purposes of this section, the term `service area' means, with respect to a group health plan and group health insurance coverage, the area or areas in which in-person participants and beneficiaries are covered, as determined by the plan or issuer of such coverage in accordance with rules specified by the Secretary in consultation with the Secretaries of Health and Human Services and of the Treasury.''. (2) Technical amendment.--The table of contents in section 1 of such Act is amended by inserting after the item relating to section 725 the following new item: ``Sec. 726. Required disclosure of percentage of in-network participation for certain provider types.''. (c) IRC.-- (1) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 9826. REQUIRED DISCLOSURE OF PERCENTAGE OF IN-NETWORK PARTICIPATION FOR CERTAIN PROVIDER TYPES. ``(a) In General.--A group health plan shall, along with any summary of benefits and coverage provided under section 2715 of the Public Health Service Act (and in accordance with the timing and manner specified under such section and the implementing regulations of such section), and on a public website, make available the following information with respect to each type of provider specified in subsection (b): ``(1) The number and percentage of providers of such type located in the service area of such plan that have a contractual relationship (as defined by the Secretary) in effect with such plan for furnishing items and services under such plan, determined in accordance with information made available by the Secretary under subsection (d). ``(2) The designation established by the Secretary under subsection (c) corresponding to the percentage described in paragraph (1). ``(b) Specified Providers.--For purposes of this section, the types of providers and facilities specified in this subsection are the following (as defined by the Secretary and broken down by subspecialty as specified by the Secretary): ``(1) Behavioral health care providers and facilities. ``(2) Substance use disorder treatment providers and facilities. ``(c) Establishment of Designations of In-Network Participation.-- ``(1) In general.--Not later than 1 year after the date of the enactment of this section, the Secretary, in consultation with the Secretaries of Health and Human Services and of Labor, shall establish a system of designations (such as `high', `medium', and `low', a star rating, or such other designation determined appropriate by the Secretary) that correspond to ranges of percentages (from 0 to 100) described in subsection (a)(1) to qualitatively reflect the breadth of the networks of group health plans with respect to each type of provider specified in subsection (b). ``(2) Variation permitted.--Designations corresponding to percentage ranges established under paragraph (1) may vary by type of service area (such as rural or urban), size of service area, and other factors determined appropriate by the Secretary in consultation with the Secretaries of Health and Human Services and of Labor. ``(d) Information on Providers.-- ``(1) In general.--Not later than June 30, 2025, the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and of the Treasury, shall, based on the information submitted under section 2799B-10 of the Public Health Service Act, post on a public website a list of each specified provider in the country, along with the location of each such provider in which such provider furnishes items and services and each specialty designation (if any) of each such provider. The Secretary of Health and Human Services shall update the information published under the previous sentence not less frequently than annually. ``(2) Treatment of group practices.--For purposes of the list described in paragraph (1), the Secretary shall list each individual health care provider separately, regardless of whether such provider is part of a group practice. ``(e) Service Area Definition.--For purposes of this section, the term `service area' means, with respect to a group health plan, the area or areas in which in-person participants and beneficiaries are covered, as determined by the plan in accordance with rules specified by the Secretary in consultation with the Secretaries of Health and Human Services and of Labor.''. (2) Technical amendment.--The table of sections for such subchapter is amended by adding at the end the following new item: ``Sec. 9826. Required disclosure of percentage of in-network participation for certain provider types.''. (d) Provider Requirements.--Part E of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-131 et seq.) is amended by adding at the end the following new section: ``SEC. 2799B-10. PROVISION OF CERTAIN INFORMATION TO THE SECRETARY. ``(a) In General.--Subject to subsection (b), in the case of a health care provider or health care facility that is a specified provider (as described in subsection (b) of section 2799A-11), such provider or facility shall, annually at a time and in a manner specified by the Secretary, provide to the Secretary such information as the Secretary determines necessary to carry out subsection (d) of such section. ``(b) Exception.--Subsection (a) shall not apply in the case of a specified provider that has not, during the 1-year period ending on the date that information described in subsection (a) would be required to be submitted to the Secretary by such provider without application of this subsection, submitted any claim for an item or service under a Federal health care program (as defined in section 1128B of the Social Security Act), the program established under chapter 89 of title 5, United States Code, or a group health plan or group or individual health insurance coverage.''. (e) Report.--Not later than December 31, 2026, and annually thereafter, the Secretary of Health and Human Services shall submit to Congress a report on the participation of behavioral health care and substance use disorder treatment providers in networks established by group health plan and health insurance issuers offering group or individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91)). Each such report shall include data and analysis relating to service areas (as defined in section 2799A-11 of such Act) of such plans and issuers that the Secretary has identified as having low participation rates with respect to such providers' participation in such networks. (f) Implementation.--The Secretaries of Labor, Health and Human Services, and the Treasury may implement the amendments made by this section through interim final rule, subregulatory guidance, program instruction, or otherwise. (g) Funding.--In addition to amounts otherwise available for such purposes, there is appropriated $15,000,000, to remain available until expended, for purposes of carrying out this section. (h) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning on or after January 1, 2026. <all>

Mental Health Transparency Act

To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to require group health plans and health insurance issuers offering group or individual health insurance coverage to disclose the percentage of in-network participation for certain provider types, and for other purposes.

Mental Health Transparency Act

Rep. Horsford, Steven

D

NV

S.1791

Taxation

Fueling America's Security and Transportation with Electricity Act of 2021 or the FAST Electricity Act This bill expands the tax credit for plug-in electric drive motor vehicles to include a 30% credit for additional electric transportation options capable of moving passengers, cargo, or property and powered by an integrated, on-board electric propulsion system. It also allows a credit for recharging and hydrogen refueling property and provides loan guarantees for transportation electrification domestic manufacturing facilities.

To amend the Internal Revenue Code of 1986 to expand existing tax credits to include non-passenger electric-powered vehicles, associated recharging and refueling 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 ``Fueling America's Security and Transportation with Electricity Act of 2021'' or the ``FAST Electricity Act''. SEC. 2. CREDIT FOR QUALIFIED ELECTRIC TRANSPORTATION OPTIONS. (a) In General.--Section 30D of the Internal Revenue Code of 1986 is amended-- (1) in the heading, by striking ``plug-in electric drive motor'' and inserting ``electric'', (2) by adding at the end the following new subsection: ``(h) Credit Allowed for Qualified Electric Transportation Options.-- ``(1) In general.--In the case of a qualified electric transportation option-- ``(A) there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the cost of the qualified electric transportation option placed in service by the taxpayer during the taxable year, ``(B) the amount of the credit allowed under subparagraph (A) shall be treated as a credit allowed under subsection (a), and ``(C) the requirements described in subsection (f)(7) shall not apply. ``(2) Applicable percentage.--For purposes of paragraph (1)(A), the applicable percentage shall be-- ``(A) in the case of a qualified electric transportation option placed in service after December 31, 2021, and before January 1, 2028, 30 percent, ``(B) in the case of a qualified electric transportation option placed in service during a calendar year after 2027 and before 2033, the applicable percentage determined under this paragraph for the preceding calendar year, reduced by 5 percentage points, and ``(C) in the case of a qualified electric transportation option placed in service after calendar year 2032, 0 percent. ``(3) Qualified electric transportation option.-- ``(A) In general.--For purposes of this subsection, the term `qualified electric transportation option' means any vehicle used in any manner of transportation which-- ``(i) the original use of which commences with the taxpayer, ``(ii) is acquired for use or lease by the taxpayer and not for resale, ``(iii) is capable of moving passengers, cargo, or property, ``(iv) is powered by an integrated, on- board electric propulsion system that-- ``(I) is the primary source of propulsion, ``(II) is capable of powering the vehicle (including any of its components and accessories) for not less than \2/3\ of the maximum operating period between recharging or refueling of such vehicle, and ``(III) in the case of a vehicle which derives any of its power from the on-board combustion of a fuel, uses a renewable fuel, ``(v) was manufactured for sale in commercial quantities with a reasonable expectation of profit, ``(vi) is in compliance with any applicable safety or air quality standards, as determined by the Secretary in coordination with the Secretary of Transportation, the Secretary of Homeland Security, and the Administrator of the Environmental Protection Agency, and ``(vii) is not a new qualified plug-in electric drive motor vehicle (as defined in subsection (d)(1)), unless the vehicle-- ``(I) has a gross vehicle weight rating of not less than 3,000 pounds and not more than 14,000 pounds, ``(II) has no more than 2 seats, including the driver's seat, ``(III) uses the majority of its interior space to carry cargo, ``(IV) is primarily used for delivering commercial cargo, and ``(V) does not use any energy which is derived from the on-board combustion of a fuel. ``(B) On-board electric propulsion system.--For purposes of this subsection, the term `on-board electric propulsion system' means-- ``(i) 1 or more on-board traction batteries which-- ``(I) are integrated or swappable, and ``(II) have an aggregate capacity (as defined in subsection (d)(4)) of not less than 8 kilowatt hours, or ``(ii) an on-board power source other than a battery with an electrical output capacity equivalent of not less than 8 kilowatt hours, as determined by the Secretary. ``(C) Renewable fuel.--For purposes of this paragraph, the term `renewable fuel' means any fuel at least 85 percent of the volume of which consists of one or more of the following: ``(i) Ethanol. ``(ii) Biodiesel (as defined in section 40A(d)(1)). ``(iii) Advanced biofuel (as defined in section 211(o)(1)(B) of the Clean Air Act (42 U.S.C. 7545(o)(1)(B))). ``(iv) Renewable natural gas. ``(v) Hydrogen. ``(4) Exclusion.--For purposes of paragraph (1)(A), the cost of the qualified electric transportation option shall not include any cost relating to any component or feature which-- ``(A) is not integral to the qualified electric transportation option, or ``(B) does not contribute to improving the efficiency or range of the electric propulsion of the qualified electric transportation option.''. (b) Conforming Amendments.-- (1) Section 38(b)(30) of the Internal Revenue Code of 1986 is amended by striking ``plug-in electric drive motor'' and inserting ``electric''. (2) Section 48C(c)(1)(A)(i)(VI) of such Code is amended by inserting ``or qualified electric transportation options'' after ``new qualified plug-in electric drive motor vehicles''. (3) The item relating to section 30D in the table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended to read as follows: ``Sec. 30D. New Qualified Electric Vehicles.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2021. SEC. 3. CREDIT FOR QUALIFIED ELECTRIC VEHICLE RECHARGING PROPERTY. (a) In General.--Section 30C of the Internal Revenue Code of 1986 is amended-- (1) in subsection (a)-- (A) by inserting ``the sum of'' after ``equal to'', and (B) by inserting ``and the applicable percentage of the cost of any qualified electric vehicle recharging property'' before ``placed in service'', (2) in subsection (c)(2), by striking subparagraph (C), (3) in subsection (e)(2), by inserting ``or qualified electric vehicle recharging property'' after ``qualified alternative fuel vehicle refueling property'', (4) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively, (5) by inserting after subsection (e) the following: ``(f) Qualified Electric Vehicle Recharging Property.-- ``(1) In general.--For purposes of this section, the term `qualified electric vehicle recharging property' means any property, including any onsite component, device, or software integral to its performance (with the exception of a building or its structural components or any associated offsite infrastructure), which satisfies applicable industry safety standards and provides non-proprietary-- ``(A) recharging or repowering of any qualified electric transportation option or new qualified plug-in electric drive motor vehicle (as defined in section 30D), or ``(B) storage and dispensing of hydrogen fuel into the fuel tank of a vehicle with an on-board electric propulsion system (as defined in section 30D(h)(3)(B)), but only if the storage and dispensing of the fuel is at the point where such fuel is delivered to the vehicle. ``(2) Applicable percentage.--For purposes of subsection (a), in the case of any qualified electric vehicle recharging property, the applicable percentage shall be-- ``(A) in the case of any property placed in service after December 31, 2021, and before January 1, 2028, 30 percent, ``(B) in the case of any property placed in service during a calendar year after 2028 and before 2033, the applicable percentage determined under this paragraph for the preceding calendar year, reduced by 5 percentage points, and ``(C) in the case of any property placed in service after calendar year 2032, 0 percent. ``(3) Termination.--For purposes of any qualified electric vehicle recharging property, this section shall not apply to any property placed in service after December 31, 2032.'', and (6) in subsection (h), as redesignated by paragraph (4)-- (A) in the heading, by inserting ``for Qualified Alternative Fuel Vehicle Refueling Property'' after ``Termination'', and (B) by striking ``property'' and inserting ``qualified alternative fuel vehicle refueling property''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2021. SEC. 4. LOAN GUARANTEES FOR TRANSPORTATION ELECTRIFICATION DOMESTIC MANUFACTURING CAPACITY. Section 136 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) in subparagraph (C), by striking the period at the end and inserting ``; and''; (ii) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately; (iii) in the matter preceding clause (i) (as so redesignated), by striking ``means an ultra'' and inserting the following: ``means-- ``(A) an ultra''; and (iv) by adding at the end the following: ``(B) a medium-duty vehicle or a heavy-duty vehicle that exceeds 125 percent of the greenhouse gas emissions and fuel efficiency standards established by the final rule entitled `Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles--Phase 2' (81 Fed. Reg. 73478 (October 25, 2016)).''; (B) in paragraph (3)-- (i) in subparagraph (A), by inserting ``, qualified electric transportation options, or qualified electric vehicle recharging properties'' after ``advanced technology vehicles''; and (ii) in subparagraph (B), by striking ``or advanced technology vehicles'' and inserting ``, advanced technology vehicles, qualified electric transportation options, or qualified electric vehicle recharging properties''; (C) in paragraph (4), by inserting ``, qualified electric transportation options, or qualified electric vehicle recharging properties'' after ``advanced technology vehicles'' each place it appears; (D) by redesignating paragraphs (4) and (5) as paragraphs (6) and (7), respectively; and (E) by inserting after paragraph (3) the following: ``(4) Qualified electric transportation option.--The term `qualified electric transportation option' has the meaning given the term in section 30D(h)(3)(A) of the Internal Revenue Code of 1986. ``(5) Qualified electric vehicle recharging property.--The term `qualified electric vehicle recharging property' has the meaning given the term in section 30C(f) of the Internal Revenue Code of 1986.''; (2) in subsection (b)-- (A) in the matter preceding paragraph (1), by inserting ``qualified electric transportation option manufacturers, qualified electric vehicle recharging property manufacturers,'' before ``and component suppliers''; (B) in paragraph (1)-- (i) in subparagraph (B), by striking ``or'' at the end; (ii) in subsection (C), by striking ``and'' at the end; and (iii) by adding at the end the following: ``(D) qualified electric transportation options; or ``(E) qualified electric vehicle recharging properties; and''; and (C) in paragraph (2), by inserting ``qualified electric transportation options, qualified electric vehicle recharging properties,'' before ``and qualifying components''; (3) in subsection (c), by striking ``December 30, 2020'' each place it appears and inserting ``December 31, 2030''; (4) in subsection (g), in the first sentence, by inserting ``, qualified electric transportation options, or qualified electric vehicle recharging properties'' before the period at the end; (5) in subsection (h)(1), by striking subparagraph (B) and inserting the following: ``(B) manufactures-- ``(i) ultra efficient vehicles; ``(ii) automobiles or components of automobiles; ``(iii) qualified electric transportation options or components of qualified electric transportation options; or ``(iv) qualified electric vehicle recharging properties or components of qualified electric vehicle recharging properties.''; and (6) in subsection (i), by striking ``fiscal years 2008 through 2012'' and inserting ``fiscal years 2021 through 2032''. <all>

FAST Electricity Act

A bill to amend the Internal Revenue Code of 1986 to expand existing tax credits to include non-passenger electric-powered vehicles, associated recharging and refueling infrastructure, and for other purposes.

FAST Electricity Act Fueling America's Security and Transportation with Electricity Act of 2021

Sen. Cantwell, Maria

D

WA

H.R.5235

Health

Student Mental Health Helpline Act of 2021 This bill authorizes grants to support student mental health and safety helplines (i.e., a free, confidential service that is accessible via telephone and other communication platforms that assists students facing challenges with abuse, bullying, depression, self-harm, and related issues). The Substance Abuse and Mental Health Services Administration (SAMHSA) may award the grants to agencies or other subdivisions of a state, Indian tribe, or local government that are primarily responsible for health, public health, or education. Among other purposes, recipients must use funds to establish or maintain a helpline that provides information to school officials (to the extent permitted by federal privacy standards for health information) about student mental health and safety concerns. The bill also requires SAMHSA to report on the feasibility of setting up a nationally available student mental health and safety helpline.

To amend the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, to award grants to eligible entities to establish or maintain a student mental health and safety helpline, and for other purposes. Be it enacted by the Senate 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 Mental Health Helpline Act of 2021''. SEC. 2. GRANTS FOR STUDENT MENTAL HEALTH AND SAFETY HELPLINE. Part D of title V of the Public Health Service Act (42 U.S.C. 290dd et seq.) is amended by adding at the end the following: ``SEC. 553. GRANTS FOR STUDENT MENTAL HEALTH AND SAFETY HELPLINE. ``(a) In General.-- ``(1) Establishment or maintenance grants.--The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, and in consultation with the Secretary of Education, may award grants to eligible entities to establish or maintain a student mental health and safety helpline that-- ``(A) is free and confidential; ``(B) is accessible to students through multiple platforms; ``(C) provides information to school officials about student health and safety issues, to the extent permitted by the HIPAA privacy regulations; and ``(D) operates 24 hours a day, seven days a week, every day of the year. ``(2) Transition grants.-- ``(A) In general.--The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, and in consultation with the Secretary of Education, may award grants to States, local governments, Indian Tribes, and Tribal organizations to transition, by not later than 2 years after the award of the grant, a helpline that was in existence on the day before the date of enactment of the Student Mental Health Helpline Act of 2021 to an agency or subdivision whose primary responsibility relates to health, public health, or education so as to become eligible for grants under paragraph (1). ``(B) Use of funds.--A grant under subparagraph (A) shall be used exclusively for costs associated with the transition described in such subparagraph. ``(b) Application of HIPAA Privacy Regulations.-- ``(1) Covered entity.--A helpline funded under subsection (a)(1) shall be treated as a covered entity (as defined in section 106.103 of title 45, Code of Federal Regulations (or successor regulations)), and information received by the helpline from students contacting the helpline shall be treated as protected health information (as defined in such section 106.103 (or successor regulations)), for purposes of the HIPAA privacy regulations. ``(2) Additional privacy standards.--Nothing in this section shall be construed to preempt or otherwise prohibit the application, with respect to a helpline funded under this section, of privacy standards in addition to those applicable under the HIPAA privacy regulations. ``(c) Eligible Grantees.--To be eligible to receive a grant under subsection (a)(1), an entity shall be an agency or other subdivision-- ``(1) of a State, a local government, an Indian Tribe, or a Tribal organization; and ``(2) whose primary responsibility relates to health, public health, or education. ``(d) Requirements.--A recipient of a grant under subsection (a)(1) shall use the grant for each of the following: ``(1) Supporting a phone line, texting, and social media accounts for students facing challenges with abuse, bullying, depression, risk of self-injury, risk of injury to others, or suicidal thoughts. ``(2) Providing such support in a culturally competent manner, including to students who-- ``(A) are from diverse backgrounds; or ``(B) identify with groups associated with a higher risk of bullying, abuse, and suicide, such as individuals who are LGBTQ or have disabilities. ``(3) Coordinating with-- ``(A) other mental health crisis lines; ``(B) State and local mental health agencies and providers, local educational agencies, school administrators, and community-based health service providers; and ``(C) in cases of neglect and abuse, State and local family service agencies. ``(4) Ensuring that-- ``(A) activities funded through the grant are conducted in accordance with all applicable Federal and State privacy standards; and ``(B) health care information collected through such activities will be maintained in a secure manner. ``(5) Developing a disaster recovery plan and redundancy measures to ensure continuous technical operations. ``(e) Other Allowable Uses.--A recipient of a grant under subsection (a)(1) may choose to use the grant for any of the following: ``(1) Supporting forms of communication in addition to those specified in subsection (d)(1), such as online forms and an email account. ``(2) In addition to coordinating with the entities specified in subsection (d)(3), coordinating with nonprofit organizations and institutions of higher education. ``(3) Developing educational curricula that schools may choose to offer, in conjunction with the helpline funded through the grant, to remove the stigma of mental illness, prevent bullying, prevent domestic violence, prevent suicide, or otherwise address student mental health and safety. ``(4) Promoting activities to encourage students to use of the helpline funded through the grant. ``(5) Collecting and analyzing data on the use of the helpline funded through the grant to improve and adjust services offered through the helpline. ``(6) Providing support in multiple languages in areas with a high concentration of multiple language speakers. ``(7) Developing, in accordance with best practices and guidelines of the Substance Abuse and Mental Health Services Administration for behavioral health crisis care, protocols and training for identifying and responding to students who present an imminent risk of harming themselves or others. ``(8) Providing training, technology, and personnel necessary to comply with the HIPAA privacy regulations or other relevant privacy standards. ``(9) Coordinating and sharing best practices with other student mental health and safety helplines, including other helplines funded pursuant to this section. ``(10) Sharing personnel (such as crisis counselors), services (such as technology and data management services), and other resources deemed appropriate by the Secretary with other mental health and safety helplines that-- ``(A) are operated by the recipient of the grant; or ``(B) are operated by another entity and funded through the Substance Abuse and Mental Health Services Administration. ``(f) Period of a Grant.--The period of a grant under subsection (a)(1) shall be not less than 5 years. ``(g) Subgrants and Contracts.-- ``(1) Authorization.--A recipient of a grant under subsection (a)(1) may award subgrants and enter into contracts to carry out activities funded through the grant. ``(2) Eligible subgrantees and contractors.--To be eligible to receive a subgrant or contract under paragraph (1), an entity shall be-- ``(A) a local educational agency; ``(B) an institution of higher education; ``(C) a nonprofit organization; ``(D) a for-profit organization that provides-- ``(i) website or data management services; ``(ii) specialized staff trained in crisis intervention to answer incoming messages; or ``(iii) other products or services deemed by the Secretary to be appropriate for establishing or maintaining a helpline funded under subsection (a)(1); ``(E) a school; or ``(F) another type of entity deemed by the Secretary to be appropriate for subgrants or contracts under paragraph (1). ``(3) Accreditation.--To be eligible to receive a subgrant or contract under paragraph (1) for specialized staff trained in crisis intervention to answer incoming messages, an entity shall be accredited by a nationally recognized accreditation entity that applies current evidence-based practices related to mental and behavioral health. ``(4) Priority.--In awarding subgrants and contracts under paragraph (1), a recipient of a grant under subsection (a)(1) shall give priority to eligible entities that-- ``(A) retain a licensed mental health care practitioner on staff; and ``(B) participate in the network the National Suicide Prevention Lifeline. ``(h) Reporting.-- ``(1) Annual reports to congress.--Each fiscal year for which grants are awarded under subsection (a)(1) or (a)(2), the Secretary shall-- ``(A) study the results of the grants; and ``(B) submit to the Congress a report on such results, including-- ``(i) an evaluation of the outcomes of the programs under subsections (a)(1) and (a)(2); ``(ii) a summary of activities carried out with grants under subsections (a)(1) and (a)(2) and the results achieved through those activities; ``(iii) to the extent practicable, the demographics of students served and nature of messages received through grants under subsections (a)(1) and (a)(2); and ``(iv) in the case of grants under subsection (a)(2), an analysis of changes in the outcomes, activities, demographics, and nature of messages described in clauses (i), (ii), and (iii) as a result of transitioning helplines to different agencies or subdivisions. ``(2) Report on feasibility of a national student helpline.--Not later than 1 year after the date of enactment of the Student Mental Health Helpline Act of 2021, the Secretary, in consultation with the Secretary of Education and the Chair of the Federal Communications Commission, shall publish a report on-- ``(A) the feasibility of making a student mental health and safety helpline nationally available; ``(B) how to successfully integrate the helplines of States and other entities into a consolidated national student mental health and safety helpline; and ``(C) the feasibility and potential benefits and drawbacks of adding a student-specific capability to the National Suicide Prevention Lifeline. ``(i) Definitions.--In this section: ``(1) The term `HIPAA privacy regulations' means the Federal regulations (concerning the privacy of individually identifiable health information) promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note). ``(2) The terms `Indian Tribe' and `Tribal organization' have the meanings given to such terms in section 4 of the Indian Self-Determination and Education Assistance Act. ``(3) The term `institution of higher education' has the meaning given to such term in section 101 of the Higher Education Act of 1965. ``(4) The term `local educational agency' has the meaning given to such term in section 8101 of the Elementary and Secondary Education Act of 1965. ``(5) The term `State' includes the District of Columbia and each territory or commonwealth of the United States. ``(j) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $55,000,000 for each of fiscal years 2022 through 2032.''. <all>

Student Mental Health Helpline Act of 2021

To amend the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, to award grants to eligible entities to establish or maintain a student mental health and safety helpline, and for other purposes.

Student Mental Health Helpline Act of 2021

Rep. Newman, Marie

D

IL

S.4161

Environmental Protection

Clean Water Standards for PFAS 2.0 Act of 2022 This bill directs the Environmental Protection Agency to develop requirements to (1) limit the discharge of perfluoroalkyl and polyfluoroalkyl substances (PFAS) into certain waters of the United States, and (2) publish human health water quality criteria for PFAS. PFAS are man-made and may have adverse human health effects. A variety of products contain the compounds, such as nonstick cookware or weatherproof clothing.

To establish effluent limitations guidelines and standards and water quality criteria for perfluoroalkyl and polyfluoroalkyl substances under the Federal Water Pollution Control 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 ``Clean Water Standards for PFAS 2.0 Act of 2022''. SEC. 2. CLEAN WATER ACT EFFLUENT LIMITATIONS GUIDELINES AND STANDARDS AND WATER QUALITY CRITERIA FOR PFAS. (a) Deadlines.-- (1) Water quality criteria.--Not later than the date that is 3 years after the date of enactment of this Act, the Administrator shall publish in the Federal Register human health water quality criteria under section 304(a)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1314(a)(1)) to address each measurable perfluoroalkyl substance, polyfluoroalkyl substance, and class of those substances. (2) Effluent limitations guidelines and standards for priority industry categories.--Not later than the following dates, the Administrator shall publish in the Federal Register a final rule establishing effluent limitations guidelines and standards, in accordance with the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), for each of the following industry categories for the discharge (including a discharge into a publicly owned treatment works) of each measurable perfluoroalkyl substance, polyfluoroalkyl substance, or class of those substances: (A) During calendar year 2024.--Not later than June 30, 2024, for the following point source categories: (i) Organic chemicals, plastics, and synthetic fibers, as identified in part 414 of title 40, Code of Federal Regulations (or successor regulations). (ii) Electroplating, as identified in part 413 of title 40, Code of Federal Regulations (or successor regulations). (iii) Metal finishing, as identified in part 433 of title 40, Code of Federal Regulations (or successor regulations). (B) During calendar year 2025.--Not later than June 30, 2025, for the following point source categories: (i) Textile mills, as identified in part 410 of title 40, Code of Federal Regulations (or successor regulations). (ii) Electrical and electronic components, as identified in part 469 of title 40, Code of Federal Regulations (or successor regulations). (iii) Landfills, as identified in part 445 of title 40, Code of Federal Regulations (or successor regulations). (C) During calendar year 2026.--Not later than December 31, 2026, for the following point source categories: (i) Leather tanning and finishing, as identified in part 425 of title 40, Code of Federal Regulations (or successor regulations). (ii) Paint formulating, as identified in part 446 of title 40, Code of Federal Regulations (or successor regulations). (iii) Plastics molding and forming, as identified in part 463 of title 40, Code of Federal Regulations (or successor regulations). (b) Additional Monitoring Requirements.-- (1) In general.--Effective beginning on the date of enactment of this Act, the Administrator shall require monitoring of the discharges (including discharges into a publicly owned treatment works) of each measurable perfluoroalkyl substance, polyfluoroalkyl substance, and class of those substances for the point source categories and entities described in paragraph (2). The monitoring requirements under this paragraph shall be included in any permits issued under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) after the date of enactment of this Act. (2) Categories described.--The point source categories and entities referred to in paragraphs (1) and (3) are each of the following: (A) Pulp, paper, and paperboard, as identified in part 430 of title 40, Code of Federal Regulations (or successor regulations). (B) Airports (as defined in section 47102 of title 49, United States Code). (3) Determination.-- (A) In general.--Not later than December 31, 2023, the Administrator shall make a determination-- (i) to commence developing effluent limitations and standards for the point source categories and entities listed in paragraph (2); or (ii) that effluent limitations and standards are not feasible for those point source categories and entities, including an explanation of the reasoning for this determination. (B) Requirement.--Any effluent limitations and standards for the point source categories and entities listed in paragraph (2) shall be published in the Federal Register by not later than December 31, 2027. (c) Notification.--The Administrator shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of each publication made under this section. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator to carry out this section $12,000,000 for fiscal year 2023, to remain available until expended. (e) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Effluent limitation.--The term ``effluent limitation'' has the meaning given the term in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362). (3) Measurable.--The term ``measurable'', with respect to a chemical substance or class of chemical substances, means capable of being measured using test procedures established under section 304(h) of the Federal Water Pollution Control Act (33 U.S.C. 1314(h)). (4) Perfluoroalkyl substance.--The term ``perfluoroalkyl substance'' means a chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (5) Polyfluoroalkyl substance.--The term ``polyfluoroalkyl substance'' means a chemical containing at least 1 fully fluorinated carbon atom and at least 1 carbon atom that is not a fully fluorinated carbon atom. (6) Treatment works.--The term ``treatment works'' has the meaning given the term in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292). <all>

Clean Water Standards for PFAS 2.0 Act of 2022

A bill to establish effluent limitations guidelines and standards and water quality criteria for perfluoroalkyl and polyfluoroalkyl substances under the Federal Water Pollution Control Act, and for other purposes.

Clean Water Standards for PFAS 2.0 Act of 2022

Sen. Gillibrand, Kirsten E.

D

NY

S.3858

Law

Demanding Oversight and Justification Over Legal Conclusions Transparency Act or the DOJ OLC Transparency Act This bill requires the Department of Justice to publish on its website, and make free to the public, all opinions issued by the Office of Legal Counsel (OLC). Prospectively, all OLC opinions must be published within 48 hours of being issued. Previously issued opinions must be published in accordance with deadlines established by the bill.

To require the publication of opinions issued by the Office of Legal Counsel of the Department of Justice, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Demanding Oversight and Justification Over Legal Conclusions Transparency Act'' or the ``DOJ OLC Transparency Act''. SEC. 2. PUBLICATION AND DISTRIBUTION OF OPINIONS. Section 521 of title 28, United States Code, is amended-- (1) by inserting ``(a) In General.--'' before ``The Attorney General''; and (2) by adding at the end the following: ``(b) OLC Opinions.-- ``(1) Definitions.--In this subsection, the following terms shall apply: ``(A) Final olc opinion.--The term `final OLC opinion' means an OLC opinion that-- ``(i) the Attorney General, Assistant Attorney General for the Office of Legal Counsel, or a Deputy Assistant General for the Office of Legal Counsel, has determined is final; ``(ii) is relied upon by government officials or government contractors; ``(iii) is relied upon to formulate legal guidance; or ``(iv) is directly or indirectly cited in another OLC opinion. ``(B) OLC opinion.--The term `OLC opinion'-- ``(i) means views on a matter of legal interpretation communicated by the Office of Legal Counsel of the Department of Justice to any other office or agency, or person in an office or agency, in the Executive Branch, including any office in the Department of Justice, the White House, or the Executive Office of the President, and rendered in accordance with sections 511 through 513; and ``(ii) includes-- ``(I) in the case of a verbal communication of a legal interpretation, a memorialization of that communication; ``(II) a final OLC opinion; and ``(III) a revised OLC opinion. ``(C) Revised olc opinion.--The term `revised OLC opinion' means an OLC opinion-- ``(i) that is withdrawn; ``(ii) to which information is added; or ``(iii) from which information is removed. ``(2) Requirement.--Subject to paragraph (3) and in accordance with paragraph (4), the Attorney General shall publish all OLC opinions on the public website of the Department to be accessed by the public free of charge. ``(3) Redaction of classified information.-- ``(A) In general.--In the case of an OLC opinion required to be published under paragraph (2) that contains information classified as confidential, secret, or top secret, the Attorney General shall-- ``(i) redact the classified information from the OLC opinion before publication of the OLC opinion; and ``(ii) establish and preserve an accurate record documenting each redaction from the OLC opinion, including information describing in detail why public online disclosure of the classified information would have resulted in the associated harm that pertains to each level of classification. ``(B) Limitation.--The Attorney General may not redact information under this paragraph that is sensitive but unclassified. ``(C) Submission to congress.--In the case of an OLC opinion described in subparagraph (A), the Attorney General shall submit the full opinion, without redaction, to any Member of Congress and any appropriately cleared congressional staff member. ``(D) Periodic review.--To the maximum extent practicable, the Attorney General shall, on a continual basis and not less frequently than once every 90 days-- ``(i) review every OLC opinion published under this subsection that contains redactions of classified information; and ``(ii) remove any redactions that no longer protect information that is classified as either sensitive, secret, or top secret. ``(4) Deadline for publication.-- ``(A) In general.--Each OLC opinion issued by the Office of Legal Counsel of the Department after the date of enactment of the DOJ OLC Transparency Act shall be published in accordance with this section as soon as practicable, but not later than 48 hours, after the date of issuance of the opinion. ``(B) Previously issued opinions.--In the case of OLC opinions issued before the date of enactment of the DOJ OLC Transparency Act, the Attorney General shall, subject to subparagraph (C)-- ``(i) not later than 30 days after the date of enactment of the DOJ OLC Transparency Act, publish all of the OLC opinions issued during fiscal years 2020 through 2023; ``(ii) not later than 60 days after the date of enactment of the DOJ OLC Transparency Act, publish all of the OLC opinions issued during fiscal years 2000 through 2019; ``(iii) not later than 90 days after the date of enactment of the DOJ OLC Transparency Act, publish all of the OLC opinions issued during fiscal years 1980 through 1999; ``(iv) not later than 120 days after the date of enactment of the DOJ OLC Transparency Act, publish all of the OLC opinions issued during fiscal years 1960 through 1979; and ``(v) not later than 2 years after the date of enactment of the DOJ OLC Transparency Act, publish all of the OLC opinions issued before fiscal year 1960. ``(C) Description of certain opinions.--In the case of an OLC opinion issued by the Office of Legal Counsel of the Department before the date of enactment of the DOJ OLC Transparency Act for which the text of the OLC opinion cannot be located, the Attorney General shall-- ``(i) publish a description of the OLC opinion; and ``(ii) submit a written certification to Congress, under penalty of perjury, that-- ``(I) a good faith effort was made to find the text of the OLC opinion; and ``(II) the text of the OLC opinion is unavailable. ``(5) Right of action.-- ``(A) In general.--On complaint brought by a complainant who has been harmed as a result of being deprived access to an OLC opinion that is required to be made available to the public free of charge on the public website of the Department under this subsection, the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in the District of Columbia, has jurisdiction to enjoin the Office of Legal Counsel from withholding information required to be made available under this subsection and to order the production of information improperly withheld from the complainant. ``(B) Review.--In a case brought under subparagraph (A)-- ``(i) the court-- ``(I) shall determine the matter de novo; and ``(II) may examine the contents of the opinion issued by the Office of Legal Counsel in camera to determine whether such information or any part thereof shall be withheld under paragraph (3); and ``(ii) the burden is on the Office of Legal Counsel to sustain its action.''. <all>

DOJ OLC Transparency Act

A bill to require the publication of opinions issued by the Office of Legal Counsel of the Department of Justice, and for other purposes.

DOJ OLC Transparency Act Demanding Oversight and Justification Over Legal Conclusions Transparency Act

Sen. Duckworth, Tammy

D

IL

S.1431

Government Operations and Politics

Metropolitan Statistical Area Stabilization Act This bill prohibits the Office of Management and Budget from raising the minimum urban area population to qualify a metropolitan statistical area from 50,000.

To prohibit the Director of the Office of Management and Budget from raising the minimum urban area population to qualify a metropolitan statistical area from 50,000, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Metropolitan Statistical Area Stabilization Act''. SEC. 2. PROHIBITION AND STUDY ON METROPOLITAN STATISTICAL AREA DESIGNATION. The Director of the Office of Management and Budget shall not raise the minimum urban area population to qualify a metropolitan statistical area from 50,000. <all>

Metropolitan Statistical Area Stabilization Act

A bill to prohibit the Director of the Office of Management and Budget from raising the minimum urban area population to qualify a metropolitan statistical area from 50,000, and for other purposes.

Metropolitan Statistical Area Stabilization Act

Sen. Tester, Jon

D

MT

S.2778

Education

Teachers and School Leaders need Education And Development to be Empowered Resources in Schools Act of 2021 or the Teachers and School LEADERS Act of 2021 This bill reauthorizes through FY2027 and otherwise revises the Teacher Quality Partnership program. This grant program provides training and professional development opportunities for prospective and new teachers through partnerships between (1) high-need school districts, schools, or early childhood education programs; and (2) institutions of higher education. Specifically, the bill expands the program to include training and professional development opportunities for principals and other school leaders. In addition, the bill expands the types of entities that qualify as partners to high-need schools or programs to include entities that are educational organizations, entities operating programs that provide alternative routes to state certification of teachers or school leaders, or educational service agencies.

To amend title II of the Higher Education Act of 1965 to provide for teacher, principal, and other school leader quality enhancement. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Teachers and School Leaders need Education And Development to be Empowered Resources in Schools Act of 2021'' or the ``Teachers and School LEADERS Act of 2021''. SEC. 2. TEACHER, PRINCIPAL, AND OTHER SCHOOL LEADER QUALITY ENHANCEMENT. (a) Definitions.--Section 200 of the Higher Education Act of 1965 (20 U.S.C. 1021) is amended to read as follows: ``SEC. 200. DEFINITIONS. ``In this title: ``(1) Arts and sciences.--The term `arts and sciences' means-- ``(A) when referring to an organizational unit of an institution of higher education, any academic unit that offers one or more academic majors in disciplines or content areas corresponding to the academic subject matter areas in which teachers provide instruction; and ``(B) when referring to a specific academic subject area, the disciplines or content areas in which academic majors are offered by the arts and sciences organizational unit. ``(2) Children from low-income families.--The term `children from low-income families' means children described in section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965. ``(3) Comprehensive literacy instruction.--The term `comprehensive literacy instruction' has the meaning given the term in section 2221(b) of the Elementary and Secondary Education Act of 1965. ``(4) Early childhood educator.--The term `early childhood educator' means an individual with primary responsibility for the education of children in an early childhood education program. ``(5) Educational service agency.--The term `educational service agency' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. ``(6) Eligible partnership.-- ``(A) Eligible entity.--In this paragraph, the term `eligible entity' means an entity that shall include-- ``(i) a high-need local educational agency; and ``(ii)(I) a high-need school or a consortium of high-need schools served by the high-need local educational agency; or ``(II) as applicable, a high-need early childhood education program. ``(B) In general.--Except as otherwise provided in section 251, the term `eligible partnership' means an eligible entity that is in partnership with at least one of the following entities whose practices have a demonstrated record of success with high-need local educational agencies (including in addressing the eligible entity's human capital needs): ``(i) A partner institution. ``(ii) A school, department, or program of education within such partner institution, which may include an existing teacher or school leader professional development program with proven outcomes that provides intensive and sustained collaboration between faculty, or program staff, and local educational agencies consistent with the requirements of this title. ``(iii) A school or department of arts and sciences within such partner institution. ``(iv) An entity operating a program that provides alternative routes to State certification of teachers or school leaders. ``(v) A public or private nonprofit educational organization. ``(vi) An educational service agency. ``(C) Permissive partners.--An `eligible partnership' may include any of the following: ``(i) The Governor of the State. ``(ii) The State educational agency. ``(iii) The State board of education. ``(iv) The State agency for higher education. ``(v) A business. ``(vi) A teacher organization. ``(vii) A high-performing local educational agency, or a consortium of such local educational agencies, that can serve as a resource to the partnership. ``(viii) A charter school (as defined in section 4310 of the Elementary and Secondary Education Act of 1965). ``(ix) A school or department within the partner institution that focuses on psychology and human development. ``(x) A school or department within the partner institution with comparable expertise in the disciplines of teaching, learning, and child and adolescent development. ``(7) English learner.--The term `English learner' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. ``(8) Evidence-based.--The term `evidence-based' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. ``(9) Exemplary teacher.--The term `exemplary teacher' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 as such section was in effect on the day before the enactment of the Every Student Succeeds Act. ``(10) High-need early childhood education program.--The term `high-need early childhood education program' means an early childhood education program serving children from low- income families that is located within the geographic area served by a high-need local educational agency. ``(11) High-need local educational agency.--The term `high- need local educational agency' means a local educational agency-- ``(A) for which not less than 20 percent of the children served by the agency are children from low- income families; ``(B) that serves not fewer than 10,000 children from low-income families; ``(C) that meets the eligibility requirements for funding under the Small, Rural School Achievement Program under section 5211(b) of the Elementary and Secondary Education Act of 1965; or ``(D) that meets the eligibility requirements for funding under the Rural and Low-Income School Program under section 5221(b) of the Elementary and Secondary Education Act of 1965. ``(12) High-need school.-- ``(A) In general.--The term `high-need school' has the meaning given the term in section 2221(b) of the Elementary and Secondary Education Act of 1965. ``(B) Special rule.-- ``(i) Designation by the secretary.--The Secretary may, upon approval of an application submitted by an eligible partnership seeking a grant under this title, designate a school that does not qualify as a high-need school under subparagraph (A) as a high-need school for the purpose of this title. The Secretary shall base the approval of an application for designation of a school under this clause on a consideration of the information required under clause (ii), and may also take into account other information submitted by the eligible partnership. ``(ii) Application requirements.--An application for designation of a school under clause (i) shall include-- ``(I) the number and percentage of students attending such school who are-- ``(aa) age 5 through 17 in poverty counted in the most recent census data approved by the Secretary; ``(bb) eligible for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act; ``(cc) in families receiving assistance under the State program funded under part A of title IV of the Social Security Act; or ``(dd) eligible to receive medical assistance under the Medicaid program; ``(II) information about the student academic achievement of students at such school; and ``(III) for a secondary school, the graduation rate for such school. ``(13) Highly competent.--The term `highly competent', when used with respect to an early childhood educator, means an educator-- ``(A) with specialized education and training in development and education of young children from birth until entry into kindergarten; ``(B) with-- ``(i) a baccalaureate degree in an academic major in the arts and sciences; or ``(ii) an associate's degree in a related educational area; and ``(C) who has demonstrated a high level of knowledge and use of content and pedagogy in the relevant areas associated with quality early childhood education. ``(14) Induction program.--The term `induction program' means a formalized program for new teachers or school leaders, during not less than the teachers' or school leaders' first 2 years of, respectively, teaching or leading, that is designed to provide support for, and improve the professional performance and advance the retention in the education field of, new teachers or school leaders. Such program shall promote effective teaching or leadership skills and shall include the following components: ``(A) High-quality mentoring. ``(B) Periodic, structured time for collaboration, including with mentors, as well as time for information-sharing among teachers, principals, other school leaders and administrators, other appropriate instructional staff, and participating faculty or program staff in the partner institution. ``(C) The application of evidence-based instructional practices. ``(D) Opportunities for new teachers or school leaders to draw directly on the expertise of mentors, faculty or program staff, and researchers to support the integration of evidence-based research with practice. ``(E) The development of skills in evidence-based instructional and behavioral interventions. ``(F) Faculty or program staff who-- ``(i) model the integration of research and practice in the classroom and school; and ``(ii) as appropriate, assist new teachers or school leaders with the effective use and integration of technology into the classroom or school. ``(G) Interdisciplinary collaboration among exemplary teachers or school leaders, faculty or program staff, researchers, and other staff who prepare new teachers or school leaders with respect to, as applicable, the learning process, the assessment of learning, or the leadership of a school. ``(H) As applicable to the role of the teacher or school leader, assistance with the understanding of data, particularly student achievement data, and the applicability of such data in classroom instruction and school leadership. ``(I) Regular and structured observation and evaluation of new teachers by multiple evaluators, including principals or other school leaders, using valid and reliable measures of teaching skills. ``(15) Mentoring.--The term `mentoring' means the mentoring of new or prospective teachers or school leaders through a program that-- ``(A) includes clear criteria for the selection of teacher or school leader mentors who may be program staff and who will provide role model relationships for mentees, which criteria shall be developed by the eligible partnership and based on evidence-based measures of teacher or school leader effectiveness; ``(B) as applicable, provides high-quality training for such mentors, including instructional strategies for literacy instruction and classroom management (including approaches that improve the schoolwide climate for learning, which may include positive behavioral interventions and supports); ``(C) as applicable, provides regular and ongoing opportunities for mentors and mentees to observe each other's teaching or leading methods in classroom or school settings during the day in a high-need school in the high-need local educational agency in the eligible partnership; ``(D) provides paid release time for mentors, as applicable; ``(E) for teachers, provides mentoring to each mentee by a colleague who teaches in the same field, grade, or subject as the mentee; ``(F) for teachers, promotes empirically based practice of, and evidence-based research on, where applicable-- ``(i) teaching and learning; ``(ii) assessment of student learning; ``(iii) the development of teaching skills through the use of instructional and behavioral interventions; and ``(iv) the improvement of the mentees' capacity to measurably advance student learning; and ``(G) includes-- ``(i) common planning time or regularly scheduled collaboration for the mentor and mentee; and ``(ii) as applicable, joint professional development opportunities. ``(16) Parent.--The term `parent' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. ``(17) Partner institution.--The term `partner institution' means an institution of higher education (which may be a 2-year institution of higher education offering a dual program with a 4-year institution of higher education), a local educational agency, or a private nonprofit organization that is participating in an eligible partnership and has a teacher or school leader preparation program that-- ``(A) in the case of a teacher preparation program-- ``(i) graduates prospective teachers who exhibit strong performance on State-determined qualifying assessments for new teachers as demonstrated by-- ``(I) 80 percent or more of such graduates of the program who intend to enter the field of teaching having passed all of the applicable State qualification assessments for new teachers, which shall include an assessment of each prospective teacher's subject matter knowledge in the content area in which the teacher intends to teach; or ``(II) being ranked among the highest-performing teacher preparation programs in the State as determined by the State using the State report card on teacher preparation required under section 205(b); and ``(ii) requires each student in the program-- ``(I) to meet high academic standards or demonstrate a record of success, as determined by the institution (including prior to entering and being accepted into a program), and participate in intensive clinical experience; ``(II) preparing to become a teacher to meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, to meet the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act; and ``(III) preparing to become an early childhood educator to meet degree requirements, as established by the State, and become highly competent; and ``(B) in the case of a school leader preparation program-- ``(i) graduates prospective principals and other school leaders who exhibit a strong record of successful school leadership as demonstrated by-- ``(I) a high percentage of such graduates taking positions as school leaders, particularly in high-need schools, within 3 years of completing the program; and ``(II) a high percentage of such graduates rated effective or above in State school leader evaluation and support systems (as described in section 2101(c)(4)(B)(ii) of the Elementary and Secondary Education Act of 1965) or, if no such ratings are available, other, comparable indicators of performance; ``(ii) requires each student in the program to demonstrate strong potential to improve student academic achievement, based on a rigorous selection process that reviews a candidate's prior academic achievement or record of professional accomplishment (including, as applicable, a demonstrated record of increasing student academic achievement for all students and for the subgroups of students defined in section 1111(c)(2) of the Elementary and Secondary Education Act of 1965 prior to a student's being accepted into and entering a program); and ``(iii) requires each student in the program to participate in intensive clinical experience in a school-based setting (including by assuming substantial leadership responsibilities) where the student can be evaluated on leadership skills and on his or her effect on student outcomes as part of program completion. ``(18) Professional development.--The term `professional development' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. ``(19) School leader.--The term `school leader' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. ``(20) Teaching residency program.--The term `teaching residency program' means a school-based teacher preparation program in which a prospective teacher-- ``(A) for one academic year, teaches alongside a mentor teacher, who is the teacher of record; ``(B) receives concurrent instruction during the year described in subparagraph (A) from an eligible partner described in any of clauses (i) through (vi) of paragraph (6)(B), which courses may be taught by local educational agency personnel or residency program faculty, in the teaching of the content area in which the teacher will become certified or licensed; ``(C) acquires effective teaching skills; and ``(D) prior to completion of the program, attains full State teacher certification or licensure, and, with respect to special education teachers, meets the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act. ``(21) Teaching skills.--The term `teaching skills' means skills that enable a teacher to-- ``(A) increase student learning, achievement, and the ability to apply knowledge, which may include through the use of data, including data from interim, formative, and summative assessments, and student growth data, attendance, behavior, course grades, and other measures of school quality or student success to improve student achievement and to improve classroom instruction; ``(B) effectively convey and explain academic subject matter; ``(C) effectively teach higher-order analytical, evaluation, problem-solving, and communication skills; ``(D) employ strategies grounded in the disciplines of teaching and learning that-- ``(i) are based on empirically based practice and evidence-based research, where applicable, related to teaching and learning; ``(ii) are specific to academic subject matter; and ``(iii) focus on the identification of students' specific learning needs, particularly students with disabilities, students who are English learners, students who are gifted and talented, and students with low literacy levels, and the tailoring of academic instruction to such needs; ``(E) conduct an ongoing assessment of student learning, which may include the use of formative assessments, performance-based assessments, project- based assessments, or portfolio assessments, that measures higher-order thinking skills (including application, analysis, synthesis, and evaluation); ``(F) effectively manage a classroom, including the ability to implement positive behavioral interventions and support strategies; ``(G) communicate and work with parents, and involve parents in their children's education; ``(H) use, in the case of an early childhood educator, age-appropriate and developmentally appropriate strategies and practices for children in early childhood education programs; and ``(I) effectively use data to support teaching and learning, while safeguarding each student's personally identifiable information, in accordance with section 444 of the General Education Provisions Act (20 U.S.C. 1232g, commonly known as the `Family Educational Rights and Privacy Act of 1974') and related best practice. ``(22) Well-rounded education.--The term `well-rounded education' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965.''. (b) Teacher and School Leader Quality Partnership Grants.--Part A of title II of the Higher Education Act of 1965 (20 U.S.C. 1022 et seq.) is amended to read as follows: ``PART A--TEACHER AND SCHOOL LEADER QUALITY PARTNERSHIP GRANTS ``SEC. 201. PURPOSES. ``The purposes of this part are to-- ``(1) improve student achievement; ``(2) improve the quality of prospective and new teachers, principals, and other school leaders by improving the preparation of prospective teachers, principals, and other school leaders and enhancing professional development activities for new teachers, principals, and other school leaders; ``(3) hold teacher, principal, and other school leader preparation programs accountable for preparing effective teachers, principals, and other school leaders and for preparing teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification or, with regard to special education teachers, who meet the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act; and ``(4) recruit highly qualified individuals, including minorities and individuals from other occupations, into the educator workforce. ``SEC. 202. PARTNERSHIP GRANTS. ``(a) Program Authorized.--From amounts made available under section 209, the Secretary is authorized to award grants, on a competitive basis, to eligible partnerships, to enable the eligible partnerships to carry out the activities described in subsection (c). ``(b) Application.--Each eligible partnership desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each such application shall contain-- ``(1) a needs assessment of the partners in the eligible partnership with respect to-- ``(A) the preparation, ongoing training, professional development, and retention of, as applicable to the role, general education and special education teachers, teacher leaders, principals, other school leaders, and early childhood educators; and ``(B) the placement of such individuals in areas of high need, including rural and geographically isolated communities and school leader shortage areas; ``(2) a description of the extent to which the program to be carried out with grant funds, as described in subsection (c), will prepare prospective and new teachers with strong teaching skills or prepare prospective and new school leaders with strong school leadership skills; ``(3) a description of how such program will prepare prospective and new teachers or school leaders, or both, to understand and use research and data to modify and improve classroom instruction or support instructional leadership; ``(4) a description of-- ``(A) how the eligible partnership will coordinate strategies and activities assisted under the grant with other teacher and school leader preparation or professional development programs, including programs funded under title II and other provisions of the Elementary and Secondary Education Act of 1965 and the Individuals with Disabilities Education Act, and through the National Science Foundation; and ``(B) how the activities of the partnership will be consistent with State, local, and other education reform activities that promote teacher or school leader quality and student academic achievement; ``(5) an assessment that describes the resources available to the eligible partnership, including-- ``(A) the integration of funds from other related sources; ``(B) the intended use of the grant funds; and ``(C) the commitment of the resources of the partnership to the activities assisted under this section, including financial support, faculty or program staff participation, and time commitments, and to the continuation of the activities when the grant ends; ``(6) a description of-- ``(A) how the eligible partnership will meet the purposes of this part; ``(B) how the partnership will carry out the activities required under subsection (d), (e), or (f) based on the needs identified in paragraph (1), with the goal of improving student academic achievement; ``(C) if the partnership chooses to use funds under this section for a project or activities under subsection (g), how the partnership will carry out such project or required activities based on the needs identified in paragraph (1), with the goal of improving student academic achievement; ``(D) the partnership's evaluation plan under section 204(a); ``(E) how the partnership will align the teacher or school leader preparation program under subsection (c) with-- ``(i) as applicable, State early learning standards for early childhood education programs and the relevant domains of early childhood development; and ``(ii) challenging State academic standards under section 1111(b)(2) of the Elementary and Secondary Education Act of 1965, established by the State in which the partnership is located; ``(F) with respect to a grant for a teacher preparation program or school leadership preparation program, how the partnership will prepare or support general education teachers to teach students with disabilities, including training related to participation as a member of individualized education program teams, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act; ``(G) with respect to a grant for a teacher preparation program or school leadership preparation program, how the partnership will prepare or support general education and special education teachers to teach students who are English learners; ``(H) with respect to a grant for a teacher preparation program, how faculty at the partner institution will work, during the term of the grant, with teachers to meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, who meet the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act, in the classrooms of high-need schools served by the high-need local educational agency in the partnership to-- ``(i) provide high-quality professional development activities to strengthen the content knowledge and teaching skills of elementary school and secondary school teachers; and ``(ii) train other classroom teachers to provide comprehensive literacy instruction; ``(I) with respect to a grant for a teacher preparation program, how the partnership will design, implement, or enhance a year-long and rigorous teaching preservice clinical program component; ``(J) how the partnership will support in-service professional development strategies and activities; ``(K) how the partnership will recruit program participants, including, as practicable, how it will ensure that individuals who enter principal or other school leader preparation programs have prior teaching or other appropriate experience; and ``(L) how the partnership will collect, analyze, and use data on the retention of, as applicable, teachers, principals, other school leaders, and early childhood educators in schools and early childhood education programs located in the geographic area served by the partnership to evaluate the effectiveness of the partnership's teacher and school leader support system; ``(7) with respect to an induction program carried out pursuant to paragraph (1)(B)(iv) or (3) of subsection (d)-- ``(A) as applicable, a demonstration that the schools and departments within the institution of higher education that are part of the induction program will effectively prepare teachers, including providing content expertise and expertise in teaching, as appropriate; ``(B) a demonstration of the eligible partnership's capability and commitment to, and the accessibility to and involvement of faculty or program staff in, the use of evidence-based practice and research on teaching and learning; ``(C) a description of how the teacher preparation program will design and implement an induction program to support, through not less than the first 2 years of teaching, all new teachers who are prepared by the teacher preparation program in the partnership and who teach in the high-need local educational agency in the partnership and, to the extent practicable, all new teachers who teach in such high-need local educational agency, in the further development of the new teachers' teaching skills, including the use of mentors who are trained and compensated by such program for the mentors' work with new teachers; and ``(D) a description of how faculty involved in the induction program will be able to substantially participate in an early childhood education program or an elementary school or secondary school classroom setting, as applicable, including release time and receiving workload credit for such participation; and ``(8) with respect to a school leadership residency program carried out under subsection (f), a description of how the program will address the school leadership needs of the geographic area to be served. ``(c) Use of Grant Funds.-- ``(1) In general.--An eligible partnership that receives a grant under this section shall use the grant funds to carry out a program for the pre-baccalaureate preparation of teachers, the post-baccalaureate preparation of teachers, school leaders, or teacher leaders under subsection (d), a teaching residency program under subsection (e), a school leadership residency program under subsection (f), or a combination of such programs. ``(2) Clinical experiences and interactions.--An eligible partnership that receives a grant under this section may use not more than 10 percent of the grant funds to-- ``(A) encourage the preservice and inservice clinical experiences and interactions of prospective and resident teachers or school leaders to inform the design of high-quality professional development, as described in section 8101(42) of the Elementary and Secondary Education Act of 1965, and induction programs for new teachers, if the student teaching or teaching residency program school and the placement school of such teachers are served by the same local educational agency; ``(B) improve teacher or school leader preparation programs' clinical experiences, interactions, and curricula to identify skill deficiencies of prospective teachers or school leaders; and ``(C) create a feedback loop using data between teacher or school leader preparation programs and local educational agencies' professional development for new teachers or school leaders. ``(d) Partnership Grants for Pre-Baccalaureate Preparation of Teachers, Post-Baccalaureate Preparation of Teachers, Teacher Leaders, or School Leaders.--An eligible partnership that receives a grant to carry out an effective program for the pre-baccalaureate preparation of teachers or post-baccalaureate preparation of teachers, teacher leaders, or school leaders shall carry out a program that includes all of the following: ``(1) Reforms.-- ``(A) In general.--Implementing reforms, described in subparagraph (B), within each teacher preparation program and, as applicable, each preparation program for early childhood education programs, of the eligible partnership that is assisted under this section, to hold each program accountable for-- ``(i) preparing, as applicable-- ``(I) new or prospective teachers to meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification or, with regard to special education teachers, who meet the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act (including teachers in rural school districts who may teach multiple subjects, special educators, and teachers of students who are English learners); ``(II) such teachers, school leaders, and early childhood educators, to understand empirically based practice and evidence-based research related to teaching and learning and the applicability of such practice and research, including through the effective use of technology, instructional techniques, and strategies consistent with the principles of universal design for learning, and through positive behavioral interventions and support strategies to improve student achievement; and ``(III) as applicable, early childhood educators to be highly competent; and ``(ii) promoting strong teaching and leading skills and techniques for early childhood educators to improve children's cognitive, social, emotional, and physical development. ``(B) Required reforms.--The reforms described in subparagraph (A) shall include, as applicable-- ``(i) implementing teacher preparation program curriculum changes that improve, evaluate, and assess how well all prospective and new teachers develop teaching skills; ``(ii) using empirically based practice and evidence-based research, where applicable, about teaching and learning so that all prospective teachers and, as applicable, early childhood educators-- ``(I) understand and can implement research-based teaching practices in classroom instruction; ``(II) have knowledge of student learning methods; ``(III) possess skills to analyze student academic achievement data and other measures of student learning, and use such data and measures to improve classroom instruction; ``(IV) possess teaching skills and an understanding of effective instructional strategies across all applicable content areas that enable general education and special education teachers and early childhood educators to-- ``(aa) meet the specific learning needs of all students, including students with disabilities, students who are English learners, students who are gifted and talented, students with low literacy levels and, as applicable, children in early childhood education programs; and ``(bb) differentiate instruction for such students; ``(V) can effectively participate as a member of the individualized education program team, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act; and ``(VI) can effectively provide comprehensive literacy instruction; ``(iii) ensuring collaboration with departments, programs, or units of a partner institution outside of the teacher preparation program in all academic content areas to ensure that prospective teachers receive training in both teaching and relevant content areas in order to meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification or, with regard to special education teachers, who meet the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act, which may include training in multiple subjects to teach multiple grade levels as may be needed for individuals preparing to teach in rural communities and for individuals preparing to teach students with disabilities; ``(iv) developing and implementing an induction program; ``(v) developing admissions goals and priorities aligned with the hiring objectives of the high-need local educational agency in the eligible partnership; and ``(vi) implementing program and curriculum changes, as applicable, to ensure that prospective teachers have the requisite content knowledge, preparation, and degree to teach Advanced Placement or International Baccalaureate courses successfully. ``(2) Clinical experience and interaction.--Developing and improving a sustained and high-quality preservice clinical education program to further develop the teaching skills of all prospective teachers and, as applicable, early childhood educators, involved in the program. Such program shall do the following: ``(A) Incorporate year-long opportunities for enrichment, including-- ``(i) clinical learning in classrooms in high-need schools served by the high-need local educational agency in the eligible partnership, and identified by the eligible partnership; and ``(ii) closely supervised interaction between prospective teachers and faculty or program staff, experienced teachers, principals, other administrators, and other school leaders at early childhood education programs (as applicable), elementary schools, or secondary schools, and providing support for such interaction. ``(B) Integrate pedagogy and classroom practice and promote effective teaching skills in academic content areas. ``(C) Provide high-quality teacher mentoring. ``(D) Be offered over the course of a program of teacher preparation. ``(E) Be tightly aligned with coursework (and may be developed as a fifth year of a teacher preparation program). ``(F) Where feasible, allow prospective teachers to learn to teach in the same local educational agency in which the teachers will work, learning the instructional initiatives and curriculum of that local educational agency. ``(G) As applicable, provide training and experience to enhance the teaching skills of prospective teachers to better prepare such teachers to meet the unique needs of teaching in rural or urban communities. ``(H) Provide support and training for individuals participating in an activity for prospective or new teachers described in this paragraph or paragraph (1) or (3), and for individuals who serve as mentors for such teachers, based on each individual's experience. Such support may include-- ``(i) with respect to a prospective teacher or a mentor, release time for such individual's participation; ``(ii) with respect to a faculty member, receiving course workload credit and compensation for time teaching in the eligible partnership's activities; and ``(iii) with respect to a mentor, a stipend, which may include bonus, differential, incentive, or performance pay, based on the mentor's extra skills and responsibilities. ``(3) Induction programs for new teachers or school leaders.--Creating an induction program for new teachers or school leaders, or, in the case of an early childhood education program, providing mentoring or coaching for new early childhood educators. ``(4) Support and training for participants in early childhood education programs.--In the case of an eligible partnership focusing on early childhood educator preparation, implementing initiatives that increase compensation for early childhood educators who attain associate or baccalaureate degrees in early childhood education. ``(5) Teacher or school leader recruitment.--Developing and implementing effective mechanisms (which may include alternative routes to State certification of teachers) to ensure that the eligible partnership is able to recruit qualified individuals to meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification or, with regard to special education teachers, who meet the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act, or to become school leaders, through the activities of the eligible partnership, which may include an emphasis on recruiting into the teaching or school leadership professions-- ``(A) individuals from underrepresented populations; ``(B) individuals to teach or lead in rural communities or high-need schools and teach in teacher shortage areas, including mathematics, science, special education, and the instruction of students who are English learners; and ``(C) mid-career professionals from other occupations, former military personnel, and recent college graduates with a record of academic distinction. ``(6) Literacy training.--Strengthening the literacy teaching skills of prospective and, as applicable, new elementary school and secondary school teachers-- ``(A) to implement programs of comprehensive literacy instruction; ``(B) to use screening, diagnostic, formative, and summative assessments to determine students' literacy levels, difficulties, and growth in order to improve classroom instruction and improve student reading and writing skills; ``(C) to provide individualized, intensive, and targeted literacy instruction for students with deficiencies in literacy skills; and ``(D) to integrate literacy skills in the classroom across subject areas. ``(7) Support and training for teacher leaders.--In the case of an eligible partnership focusing on teacher leader preparation, providing activities designed to enable experienced teachers to serve effectively as teacher leaders. ``(8) Support and training for school leaders.--In the case of an eligible partnership focusing on school leader preparation, providing high-quality, differentiated, school- level support services and training, to the extent feasible, to enable current principals and instructional leadership teams to support teachers, teacher leaders, and other school staff. ``(e) Partnership Grants for the Establishment of Teaching Residency Programs.-- ``(1) In general.--An eligible partnership receiving a grant to carry out an effective teaching residency program shall carry out a program that includes all of the following activities: ``(A) Supporting a teaching residency program described in paragraph (2) for high-need subjects and areas, as determined by the needs of the high-need local educational agency in the partnership. ``(B) Placing graduates of the teaching residency program in cohorts that facilitate professional collaboration, both among graduates of the teaching residency program and between such graduates and mentor teachers in the receiving school. ``(C) Ensuring that teaching residents who participate in the teaching residency program receive-- ``(i) effective preservice preparation as described in paragraph (2); ``(ii) teacher mentoring; ``(iii) support required through the induction program as the teaching residents enter the classroom as new teachers; and ``(iv) the preparation described in subparagraphs (A), (B), and (C) of subsection (d)(2). ``(2) Teaching residency programs.-- ``(A) Establishment and design.--A teaching residency program under this paragraph shall be a program based upon models of successful teaching residencies that serves as a mechanism to prepare teachers for success in the high-need schools in the eligible partnership, and shall be designed to include the following characteristics of successful programs: ``(i) The integration of pedagogy, classroom practice, and teacher mentoring. ``(ii) Engagement of teaching residents in rigorous graduate-level coursework to earn a master's degree while undertaking a guided teaching apprenticeship. ``(iii) Experience and learning opportunities alongside a trained and experienced mentor teacher-- ``(I) whose teaching shall complement the residency program so that classroom clinical practice is tightly aligned with coursework; ``(II) who shall have extra responsibilities as a teacher leader of the teaching residency program, as a mentor for residents, and as a teacher coach during the induction program for new teachers, and for establishing, within the program, a learning community in which all individuals are expected to continually improve their capacity to advance student learning; and ``(III) who may be relieved from teaching duties as a result of such additional responsibilities. ``(iv) The establishment of clear criteria for the selection of mentor teachers based on measures of teacher effectiveness and the appropriate subject area knowledge. Evaluation of teacher effectiveness shall be based on, but not limited to, observations of the following: ``(I) Planning and preparation, including demonstrated knowledge of content, pedagogy, and assessment, including the use of formative and diagnostic assessments to improve student learning. ``(II) Appropriate instruction that engages students with different learning styles. ``(III) Collaboration with colleagues to improve instruction. ``(IV) Analysis of gains in student learning, based on multiple measures that are valid and reliable and that, when feasible, may include valid, reliable, and objective measures of the influence of teachers on the rate of student academic progress. ``(V) In the case of mentor candidates who will be mentoring new or prospective literacy and mathematics coaches or instructors, appropriate skills in comprehensive literacy instruction, teacher training in comprehensive literacy strategies to ensure students receive a well-rounded education, and teacher training in mathematics instructional strategies, as appropriate. ``(v) Grouping of teaching residents in cohorts to facilitate professional collaboration among such residents. ``(vi) The development of admissions goals and priorities-- ``(I) that are aligned with the hiring objectives of the local educational agency partnering with the program, as well as the instructional initiatives and curriculum of such agency, in exchange for a commitment by such agency to hire qualified graduates from the teaching residency program; and ``(II) which may include consideration of applicants who reflect the communities in which they will teach as well as consideration of individuals from underrepresented populations in the teaching profession. ``(vii) Support for residents, once the teaching residents are hired as teachers of record, through an induction program, professional development, and networking opportunities to support the residents through not less than the residents' first 2 years of teaching. ``(B) Selection of individuals as teacher residents.-- ``(i) Eligible individual.--In order to be eligible to be a teacher resident in a teaching residency program under this paragraph, an individual shall-- ``(I) be a recent graduate of a 4- year institution of higher education or a mid-career professional from outside the field of education possessing strong content knowledge or a record of professional accomplishment; and ``(II) submit an application to the teaching residency program. ``(ii) Selection criteria.--An eligible partnership carrying out a teaching residency program under this subsection shall establish criteria for the selection of eligible individuals to participate in the teaching residency program based on the following characteristics: ``(I) Strong content knowledge or record of accomplishment in the field or subject area to be taught. ``(II) Strong verbal and written communication skills, which may be demonstrated by performance on appropriate tests. ``(III) Other attributes linked to effective teaching, which may be determined by interviews or performance assessments, as specified by the eligible partnership. ``(C) Stipends or salaries; applications; agreements; repayments.-- ``(i) Stipends or salaries.--A teaching residency program under this subsection shall provide a one-year living stipend or salary to teaching residents during the one-year teaching residency program. ``(ii) Applications for stipends or salaries.--Each teacher residency candidate desiring a stipend or salary during the period of residency shall submit an application to the eligible partnership at such time, and containing such information and assurances, as the eligible partnership may require. ``(iii) Agreements to serve.--Each application submitted under clause (ii) shall contain or be accompanied by an agreement that the applicant will-- ``(I) serve as a full-time teacher for a total of not less than 3 academic years immediately after successfully completing the one-year teaching residency program; ``(II) fulfill the requirement under subclause (I) by teaching in a high-need school served by the high- need local educational agency in the eligible partnership and teach a subject or area that is designated as high need by the partnership; ``(III) provide to the eligible partnership a certificate, from the chief administrative officer of the local educational agency in which the resident is employed, of the employment required in subclauses (I) and (II) at the beginning of, and upon completion of, each year or partial year of service; ``(IV) meet the applicable State licensure requirements, including any requirements for certification obtained through alternative routes to certification, or with regard to special education teachers, who meet the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act, when the applicant begins to fulfill the service obligation under this clause; and ``(V) comply with the requirements set by the eligible partnership under clause (iv) if the applicant is unable or unwilling to complete the service obligation required by this clause. ``(iv) Repayments.-- ``(I) In general.--A grantee carrying out a teaching residency program under this paragraph shall require a recipient of a stipend or salary under clause (i) who does not complete, or who notifies the partnership that the recipient intends not to complete, the service obligation required by clause (iii) to repay such stipend or salary to the eligible partnership, together with interest, at a rate specified by the partnership in the agreement, and in accordance with such other terms and conditions specified by the eligible partnership, as necessary. ``(II) Other terms and conditions.--Any other terms and conditions specified by the eligible partnership may include reasonable provisions for pro-rata repayment of the stipend or salary described in clause (i) or for deferral of a teaching resident's service obligation required by clause (iii), on grounds of health, incapacitation, inability to secure employment in a school served by the eligible partnership, being called to active duty in the Armed Forces of the United States, or other extraordinary circumstances. ``(III) Use of repayments.--An eligible partnership shall use any repayment received under this clause to carry out additional activities that are consistent with the purposes of this subsection. ``(f) Partnership Grants for the Establishment of School Leadership Residency Programs.-- ``(1) In general.--An eligible partnership that receives a grant under this section may carry out an effective school leadership residency program, which may be carried out in partnership with a local educational agency located in a rural area. ``(2) School leadership residency program described.--A school leadership residency program under this subsection shall be a school-based preparation program for principals, other school leaders, early childhood education program directors, or a combination of those individuals in which a participant-- ``(A) for 1 academic year, engages in sustained and rigorous clinical learning with substantial leadership responsibilities and opportunity to practice and be evaluated in an authentic school or early childhood education program setting; and ``(B) during that academic year-- ``(i) participates in evidence-based coursework that is aligned with leadership standards and includes evaluation of candidates throughout the program and that is integrated with clinical residency experience; and ``(ii) receives support from a mentor principal or other effective school leader or early childhood education director. ``(3) Program activities.--A school leadership residency program under this subsection shall include all of the following activities: ``(A) Preparing individuals enrolled or preparing to enroll in school leadership programs for careers as principals, early childhood education program directors, or other school leaders (including individuals preparing to work in local educational agencies located in rural areas who may perform multiple duties in addition to the role of a school leader). ``(B) Using evidence-based coursework that is aligned with school leadership standards (defined by the eligible partnership) and includes embedded participant assessments to evaluate candidates before program completion, training prospective principals and other school leaders to effectively-- ``(i) provide instructional leadership, including by creating and maintaining a data- driven, professional learning community, within the leader's school; ``(ii) provide a climate conducive to the professional development of teachers, with a focus on improving student academic achievement and the development of effective instructional leadership skills; ``(iii) understand the teaching and assessment skills needed to support successful classroom instruction and to use data to evaluate teacher instruction and drive teacher and student learning; ``(iv) manage resources and school time to improve student academic achievement and ensure the school environment is safe; ``(v) engage and involve parents, community members, the local educational agency, businesses, and other community leaders, to leverage additional resources to improve student academic achievement; and ``(vi) understand how students learn and develop in order to increase academic achievement for all students and provide a well-rounded education. ``(C) Ensuring that individuals who participate in the school leadership residency program receive-- ``(i) effective preservice preparation as described in subparagraphs (B) and (D); ``(ii) mentoring; ``(iii) continuous feedback throughout the program on their progress; and ``(iv) if applicable, full State certification or licensure to become a school leader. ``(D) Developing and improving a sustained and high-quality preservice clinical education program to further develop the leadership skills of all prospective school leaders involved in the program. Such clinical education program shall do the following: ``(i) Incorporate year-long opportunities for sustained, intensive, collaborative, and high-quality job-embedded practice, including-- ``(I) clinical learning in high- need schools served by the high-need local educational agency or a local educational agency located in a rural area in the eligible partnership and identified by the eligible partnership; ``(II) closely supervised interaction between prospective school leaders and faculty or program staff, new and experienced teachers, and new and experienced school leaders, in such high-need schools; and ``(III) substantial school leadership responsibilities where a program participant is responsible for improving the practice and performance of a subset of teachers or an interim school leader, and receives ongoing evaluation and feedback. ``(ii) Integrate pedagogy and practice and promote effective leadership skills, meeting the unique needs of urban, rural, or geographically isolated communities, as applicable. ``(iii) Provide for mentoring of new school leaders. ``(E) Creating a new induction program or aligning with existing induction programs for new school leaders. ``(F) Developing and implementing effective mechanisms to ensure that the eligible partnership is able to recruit qualified individuals to become school leaders through the activities of the eligible partnership, which-- ``(i) may include recruitment that is informed by the needs of the geographic area to be served and a rigorous selection process that is based on competencies that are predictive of success as a school leader; and ``(ii) may include an emphasis on recruiting into school leadership professions-- ``(I) individuals from underrepresented populations; ``(II) individuals to serve as principals or other school leaders in areas of high need, including rural and geographically isolated communities and school leader shortage areas; ``(III) mid-career professionals from other occupations; ``(IV) former military personnel; and ``(V) recent college graduates with past teaching experience and a record of academic distinction. ``(G) Ongoing review and improvement of the program. ``(g) Partnership With Digital Education Content Developer.--An eligible partnership that receives a grant under this section may use grant funds provided to carry out the activities described in subsection (d) or (e), or both, to partner with a television public broadcast station, as defined in section 397(6) of the Communications Act of 1934 (47 U.S.C. 397(6)), or another entity that develops digital educational content, for the purpose of improving the quality of teacher or school leader preparation programs or to enhance the quality of preservice training for prospective teachers or school leaders. ``(h) Evaluation and Reporting.--The Secretary shall-- ``(1) evaluate the programs assisted under this section; and ``(2) make publicly available a report detailing the Secretary's evaluation of each such program. ``(i) Consultation.-- ``(1) In general.--Members of an eligible partnership that receives a grant under this section shall engage in regular consultation throughout the development and implementation of programs and activities carried out under this section. ``(2) Regular communication.--To ensure timely and meaningful consultation as described in paragraph (1), regular communication shall occur among all members of the eligible partnership, including the high-need local educational agency. Such communication shall continue throughout the implementation of the grant and the assessment of programs and activities under this section. ``(3) Written consent.--The Secretary may approve changes in grant activities of a grant under this section only if the eligible partnership submits to the Secretary a written consent of such changes signed by all members of the eligible partnership. ``(j) Construction.--Nothing in this section shall be construed to prohibit an eligible partnership from using grant funds to coordinate with the activities of eligible partnerships in other States or on a regional basis through Governors, State boards of education, State educational agencies, State agencies responsible for early childhood education, local educational agencies, or State agencies for higher education. ``(k) Supplement, Not Supplant.--Funds made available under this section shall be used to supplement, and not supplant, other Federal, State, and local funds that would otherwise be expended to carry out activities under this section. ``SEC. 203. ADMINISTRATIVE PROVISIONS. ``(a) Duration; Number of Awards; Payments.-- ``(1) Duration.--A grant awarded under this part shall be awarded for a period of 5 years. ``(2) Number of awards.--An eligible partnership may not receive more than 1 grant during a 5-year period. Nothing in this title shall be construed to prohibit an individual member, that can demonstrate need, of an eligible partnership that receives a grant under this title, from entering into another eligible partnership consisting of new members and receiving a grant with such other eligible partnership before the 5-year period described in the preceding sentence applicable to the eligible partnership with which the individual member has first partnered has expired. ``(b) Peer Review.-- ``(1) Panel.--The Secretary shall provide the applications submitted under this part to a peer review panel for evaluation. With respect to each application, the peer review panel shall initially recommend the application for funding or for disapproval. ``(2) Priority.--The Secretary, in funding applications under this part, shall give priority-- ``(A) to eligible partnerships that include a partner institution whose teacher or school leader preparation program has a rigorous selection process to ensure the highest quality of students entering such program; ``(B) to high-quality applicants, including those whose practices have the strongest evidence of effectiveness in preparing teachers, teacher leaders, principals, or other school leaders; ``(C) to the equitable geographic distribution of grants among rural and urban areas; and ``(D) to applicants from a broad base of eligible partnerships that involve businesses and community organizations. ``(3) Secretarial selection.--The Secretary shall determine, based on the peer review process, which applications shall receive funding and the amounts of the grants. In determining grant amounts, the Secretary shall take into account the total amount of funds available for all grants under this part and the types of activities proposed to be carried out by the eligible partnership. ``(c) Matching Requirements.-- ``(1) In general.--Each eligible partnership receiving a grant under this part shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant, which may be provided in cash or in-kind, to carry out the activities supported by the grant. ``(2) Waiver.--The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible partnership if the Secretary determines that applying the matching requirement to the eligible partnership would result in serious hardship or an inability to carry out the authorized activities described in this part. ``(d) Limitation on Administrative Expenses.--An eligible partnership that receives a grant under this part may use not more than 2 percent of the funds provided to administer the grant. ``SEC. 204. ACCOUNTABILITY AND EVALUATION. ``(a) Eligible Partnership Evaluation.--Each eligible partnership submitting an application for a grant under this part shall establish, and include in such application, an evaluation plan that includes strong and measurable performance objectives. The plan shall include objectives and measures for increasing the following: ``(1) For teacher preparation programs, each of the following: ``(A) Achievement for all prospective and new teachers, as measured by the eligible partnership. ``(B) Teacher retention in the first 3 years of a teacher's career. ``(C) Improvement in the pass rates and scaled scores for initial State certification or licensure of teachers. ``(D) The percentage of teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, who meet the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act hired by the high-need local educational agency with respect to each of the following: ``(i) Participating in the eligible partnership. ``(ii) Who are members of underrepresented groups. ``(iii) Who teach high-need academic subject areas, as determined by the State, which may include reading, mathematics, science, and foreign language, including less commonly taught languages and critical foreign languages. ``(iv) Who teach in high-need areas, as determined by the State, which may include special education, language instruction educational programs for students who are English learners, and early childhood education. ``(v) Who teach in high-need schools, disaggregated by the elementary school and secondary school levels. ``(E) As applicable, the percentage of early childhood education program classes in the geographic area served by the eligible partnership taught by early childhood educators who are highly competent. ``(F) As applicable, the percentage of teachers trained-- ``(i) to integrate technology effectively into curricula and instruction, including technology consistent with the principles of universal design for learning; and ``(ii) to use technology effectively to collect, manage, and analyze data to improve teaching and learning for the purpose of improving student academic achievement. ``(2) For school leader preparation programs, each of the following: ``(A) The percentage of program participants who complete the program. ``(B) The percentage of program participants who, subsequent to completing the program, receive full State licensure for positions in school leadership. ``(C) The percentage of program completers who subsequently take school leadership positions in the high-need local educational agencies participating in the eligible partnership. ``(D) The percentage of program completers who subsequently take school leadership positions in the high-need schools served by the high-need local educational agencies participating in the eligible partnership. ``(E) The percentage of program completers retained in school leadership positions in the high-need local educational agencies participating in the eligible partnership and in the high-need schools served by such agencies for 3 or more years. ``(b) Information.--An eligible partnership receiving a grant under this part shall ensure that teachers, principals, other school leaders, principal supervisors, school superintendents, faculty, program staff, and leadership at institutions of higher education located in the geographic areas served by the eligible partnership are provided information, including through electronic means, about the activities carried out with funds under this part. ``(c) Revised Application.--If the Secretary determines that an eligible partnership receiving a grant under this part is not making substantial progress in meeting the purposes, goals, objectives, and measures of the grant, as appropriate, by the end of the third year of a grant under this part, then the Secretary-- ``(1) shall cancel the grant; and ``(2) may use any funds returned or available because of such cancellation under paragraph (1) to-- ``(A) increase other grant awards under this part; or ``(B) award new grants to other eligible partnerships under this part. ``(d) Evaluation, Research, and Dissemination.--From amounts appropriated under section 209, the Secretary, acting through the Director of the Institute of Education Sciences shall-- ``(1) carry out an independent evaluation to measure the effectiveness of the programs operated by partnerships assisted under this part; ``(2) carry out research to identify effective teacher and school leader preparation practices; ``(3) report the findings regarding such evaluation and research to the authorizing committees; and ``(4) broadly disseminate information-- ``(A) on effective practices, including on successful practices developed by eligible partnerships under this part; and ``(B) regarding such practices that were found to be ineffective. ``SEC. 205. ACCOUNTABILITY FOR PROGRAMS THAT PREPARE TEACHERS AND SCHOOL LEADERS. ``(a) Institutional and Program Report Cards on the Quality of Teacher and School Leader Preparation.-- ``(1) Report card.--Each institution of higher education that conducts a traditional teacher or school leader preparation program or an alternative route to State teacher or school leader certification or licensure program and that enrolls students receiving Federal assistance under this Act, and each additional entity within the State that conducts an alternative route to a State teacher or school leader certification program and receives funds under this title, shall report annually to the State and the general public, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, the following: ``(A) Goals and assurances.-- ``(i) For the most recent year for which the information is available for the institution or other entity-- ``(I) whether the goals and objectives set under section 206 or 204(a)(2), as applicable, have been met; and ``(II) a description of the activities the institution or entity implemented to achieve such goals or objectives. ``(ii) A description of the steps the institution or entity is taking to improve its performance in meeting the annual goals set under section 206. ``(iii) A description of the activities the institution or entity has implemented to meet the assurances provided under section 206. ``(B) Pass rates and scaled scores.--For the most recent year for which the information is available for those students who took the assessments used for teacher or school leader certification or licensure by the State in which the program is located and are enrolled in the traditional teacher or school leader preparation program or alternative routes to State certification or licensure program, and for those who have taken such assessments and have completed the traditional teacher or school leader preparation program or alternative routes to teacher or school leader State certification or licensure program during the 2-year period preceding such year, for each of such assessments-- ``(i) the percentage of students who have completed 100 percent of the nonclinical coursework and taken the assessment who pass such assessment; ``(ii) the percentage of all students who passed such assessment; ``(iii) the percentage of students who have taken such assessment who enrolled in and completed the traditional teacher preparation program or alternative routes to State certification or licensure program, as applicable; ``(iv) the average scaled score for all students who took such assessment; ``(v) a comparison of the program's pass rates with the average pass rates for programs in the State; and ``(vi) a comparison of the program's average scaled scores with the average scaled scores for programs in the State. ``(C) Program information and outcomes.--A description of-- ``(i) the criteria for admission into the program and the program's admission rate; ``(ii) the number of students in the program, disaggregated by race, ethnicity, and gender; ``(iii) the average number of hours of clinical experience required for those in the program; ``(iv) the total number and percentage of program entrants who complete the program; ``(v) the total number and percentage of program completers who become certified or licensed as teachers or school leaders and the total number and the percentage of program completers who are hired as teachers, disaggregated by subject and area of certification or licensure, or as school leaders within 3 years; and ``(vi) if valid and reliable data are available, the total number and percentage of program completers placed as principals who are rated effective or above on school leader evaluation and support systems after 3 years of leading a school. ``(D) Statement.--In States that require approval or accreditation of teacher or school leader preparation programs, a statement of whether the institution's program is so approved or accredited, and by whom. ``(E) Designation as low-performing.--Whether the program has been designated as low-performing by the State under section 207(a). ``(F) Use of technology.--A description of the activities, including activities consistent with the principles of universal design for learning, that prepare teachers to integrate technology effectively into curricula and instruction, and to use technology effectively to collect, manage, and analyze data in order to improve teaching and learning for the purpose of increasing student academic achievement. ``(G) Teacher training.--A description of the activities that prepare general education and special education teachers to teach students with disabilities effectively, including training related to participation as a member of individualized education program teams, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act, and to effectively teach students who are English learners. ``(2) Report.--Each eligible partnership receiving a grant under section 202 shall report annually on the progress of the eligible partnership toward meeting the purposes of this part and the objectives and measures described in section 204(a). ``(3) Fines.--The Secretary may impose a fine not to exceed $27,500 on an institution of higher education or other entity for failure to provide the information described in this subsection in a timely or accurate manner. ``(4) Special rule.--In the case of an institution of higher education that conducts a traditional teacher or school leader preparation program or alternative routes to State teacher or school leader certification or licensure program and has fewer than 10 scores reported on any single initial teacher certification or licensure assessment during an academic year, the institution shall collect and publish information, as required under paragraph (1)(B), with respect to an average pass rate and scaled score on each State certification or licensure assessment taken over a 3-year period. ``(b) State Report Card on the Quality of Teacher and School Leader Preparation.-- ``(1) In general.--Each State that receives funds under this Act shall provide to the Secretary and make widely available and easily accessible to the general public, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, an annual State report card on the quality of teacher and school leader preparation in the State, both for traditional teacher and school leader preparation programs and for alternative routes to State teacher or school leader certification or licensure programs, which shall include not less than the following: ``(A) A description of the reliability and validity of the teacher and school leader certification and licensure assessments, and any other certification and licensure requirements, used by the State. ``(B) The standards and criteria that prospective teachers must meet to attain initial teacher certification or licensure and to be certified or licensed to teach particular academic subjects, areas, or grades within the State. ``(C) A description of how the assessments and requirements described in subparagraph (A) are aligned with the challenging State academic standards required under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 and, as applicable, State early learning standards for early childhood education programs. ``(D) For each institution of higher education located in the State and each other entity located in the State that operates a teacher or school leader preparation program, including those that offer an alternative route for teacher or school leader certification or licensure, including for each of the assessments used by the State for teacher or school leader certification or licensure-- ``(i) the percentage of students at such institution or entity who take and pass the assessment; and ``(ii) the average scaled score of individuals participating in such a program, or who have completed such a program during the 2- year period preceding the first year for which the annual State report card is provided, who took each such assessment. ``(E) A description of alternative routes to teacher certification or licensure in the State (including any such routes operated by entities that are not institutions of higher education), if any, including, for each of the assessments used by the State for teacher certification or licensure-- ``(i) the percentage of individuals participating in such routes, or who have completed such routes during the 2-year period preceding the date for which the determination is made, who passed each such assessment; and ``(ii) the average scaled score of individuals participating in such routes, or who have completed such routes during the 2- year period preceding the first year for which the annual State report card is provided, who took each such assessment. ``(F) A description of the State's criteria for assessing the performance of teacher preparation programs within institutions of higher education in the State. Such criteria shall include indicators of the academic content knowledge and teaching skills of students enrolled in such programs. ``(G) For each teacher and school leader preparation program in the State-- ``(i) the criteria for admission into the program; ``(ii) the number of students in the program, disaggregated by race, ethnicity, and gender (except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student); ``(iii) the average number of hours of supervised clinical experience required for those in the program; and ``(iv) the number of full-time equivalent faculty, adjunct faculty, and students in supervised clinical experience. ``(H) If valid and reliable data are available, for each school leader preparation program in the State, the total number and percentage of program completers placed as principals who are rated effective or above on school leader evaluation and support systems after 3 years of leading a school. ``(I) For the State as a whole, and for each teacher preparation program in the State, the number of teachers prepared, in the aggregate and reported separately by-- ``(i) area of certification or licensure; ``(ii) academic major; and ``(iii) subject area for which the teacher has been prepared to teach. ``(J) A description of the extent to which teacher and school leader preparation programs are addressing shortages of teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to teacher certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act, by area of certification and licensures, subject, and specialty, in the State's public schools, as well as shortages of effective school leaders. ``(2) Prohibition against creating a national list.--The Secretary shall not create a national list or ranking of States, institutions, or schools using the scaled scores provided under this subsection. ``(c) Data Quality.--The Secretary shall prescribe regulations to ensure the reliability, validity, integrity, and accuracy of the data submitted pursuant to this section. ``(d) Report of the Secretary on the Quality of Teacher and School Leader Preparation.-- ``(1) Report card.--The Secretary shall annually provide to the authorizing committees, and publish and make widely available, a report card on teacher and school leader qualifications and preparation in the United States, including all the information reported in subparagraphs (A) through (I) of subsection (b)(1). Such report shall identify States for which eligible partnerships received a grant under this part. ``(2) Report to congress.--The Secretary shall prepare and submit a report to the authorizing committees that contains the following: ``(A) A comparison of States' efforts to improve the quality of the current and future educator workforce. ``(B) A comparison of eligible partnerships' efforts to improve the quality of the current and future educator workforce. ``(C) The national mean and median scaled scores and pass rate on any standardized test that is used in more than one State for teacher or school leader certification or licensure. ``(3) Special rule.--In the case of a teacher or school leader preparation program with fewer than 10 scores reported on any single initial teacher or school leader certification or licensure assessment during an academic year, the Secretary shall collect and publish, and make publicly available, information with respect to an average pass rate and scaled score on each State certification or licensure assessment taken over a 3-year period. ``(e) Coordination.--The Secretary, to the extent practicable, shall coordinate the information collected and published under this part among States for individuals who took State teacher or school leader certification or licensure assessments in a State other than the State in which the individual received the individual's most recent degree. ``SEC. 206. TEACHER DEVELOPMENT. ``(a) Annual Goals.--Each institution of higher education that conducts a traditional teacher preparation program (including programs that offer any ongoing professional development programs) or alternative routes to State certification or licensure program, and that enrolls students receiving Federal assistance under this Act, shall set annual quantifiable goals for increasing the number of prospective teachers trained in teacher shortage areas designated by the Secretary or by the State educational agency, including mathematics, science, special education, and instruction of students who are English learners. ``(b) Assurances.--Each institution described in subsection (a) shall provide assurances to the Secretary that-- ``(1) training provided to prospective teachers responds to the identified needs of the local educational agencies or States where the institution's graduates are likely to teach, based on past hiring and recruitment trends; ``(2) training provided to prospective teachers is closely linked with the needs of schools and the instructional decisions new teachers face in the classroom; ``(3) prospective special education teachers receive coursework and training to ensure students receive a well- rounded education; ``(4) general education teachers receive training in providing instruction to diverse populations, including children with disabilities, students who are English learners, and children from low-income families; and ``(5) prospective teachers receive training on how to effectively teach in urban and rural schools, as applicable. ``(c) Rule of Construction.--Nothing in this section shall be construed to require an institution to create a new teacher preparation area of concentration or degree program or adopt a specific curriculum in complying with this section. ``SEC. 207. STATE FUNCTIONS. ``(a) State Assessment.--In order to receive funds under this Act, a State shall conduct an assessment using multiple indicators to identify low-performing teacher and school leader preparation programs in the State and to assist such programs through the provision of technical assistance. Each such State shall provide the Secretary with an annual list of low-performing teacher and school leader preparation programs and an identification of those programs at risk of being placed on such list, as applicable. Such assessment shall be described in the report under section 205(b). Levels of performance shall be determined solely by the State and may include-- ``(1) for school leader preparation programs, criteria based on data on placement and retention, school leader effectiveness, and student outcomes; and ``(2) for teacher and school leader preparation programs, criteria based on information collected pursuant to this part, including progress in meeting the goals of-- ``(A) increasing the percentage of teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, who meet the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act in the State, including increasing professional development opportunities; ``(B) if valid and reliable data are available, increasing the percentage of principals and other school leaders who receive ratings of effective or above in State school leader evaluation and support systems (as described in section 2101(c)(4)(B)(ii) of the Elementary and Secondary Education Act of 1965); ``(C) improving student academic achievement for elementary and secondary students; and ``(D) raising the standards for entry into teaching and school leadership. ``(b) Termination of Eligibility.--Any teacher or school leader preparation program from which the State has withdrawn the State's approval, or terminated the State's financial support, due to the low performance of the program based upon the State assessment described in subsection (a)-- ``(1) shall be ineligible for any funding for professional development activities awarded by the Department; ``(2) may not be permitted to accept or enroll any student who receives aid under title IV in the institution's teacher preparation program; ``(3) shall provide transitional support, including remedial services if necessary, for students enrolled at the institution at the time of termination of financial support or withdrawal of approval; and ``(4) shall be reinstated upon demonstration of improved performance, as determined by the State. ``(c) Negotiated Rulemaking.--If the Secretary develops any regulations implementing subsection (b)(2), the Secretary shall submit such proposed regulations to a negotiated rulemaking process, which shall include representatives of States, institutions of higher education, and educational and student organizations. ``(d) Application of the Requirements.--The requirements of this section shall apply to both traditional teacher and school leader preparation programs and alternative routes to State certification and licensure programs. ``SEC. 208. GENERAL PROVISIONS. ``(a) Methods.--In complying with sections 205 and 206, the Secretary shall ensure that States and institutions of higher education use fair and equitable methods in reporting and that the reporting methods do not reveal personally identifiable information. ``(b) Special Rule.--For each State that does not use content assessments as a means of ensuring that all teachers teaching the subjects that are part of a well-rounded education within the State meet the applicable State certification and licensure requirements, including requirements for certification obtained through alternative routes to certification, in accordance with the State plan submitted or revised under section 1111 of such Act, and that each person employed as a special education teacher in the State who teaches elementary school or secondary school meets the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act, the Secretary shall-- ``(1) to the extent practicable, collect data comparable to the data required under this part from States, local educational agencies, institutions of higher education, or other entities that administer such assessments to teachers or prospective teachers; and ``(2) notwithstanding any other provision of this part, use such data to carry out requirements of this part related to assessments, pass rates, and scaled scores. ``(c) Release of Information to Teacher and School Leader Preparation Programs for Program Improvement.-- ``(1) In general.--For the purpose of improving teacher and school leader preparation programs, a State that receives funds under this Act, or that participates as a member of a partnership, consortium, or other entity that receives such funds, shall regularly provide to a teacher or school leader preparation program any and all pertinent education-related information that-- ``(A) may enable the teacher or school leader preparation program to evaluate the effectiveness of the program's graduates or the program itself; and ``(B) is possessed, controlled, or accessible by the State. ``(2) Content of information.--The information described in paragraph (1)-- ``(A) shall include an identification of specific individuals who graduated from the teacher or school leader preparation program to enable the teacher or school leader preparation program to evaluate the information provided to the program from the State with the program's own data about the specific courses taken by, and field experiences of, the individual graduates; and ``(B) may include-- ``(i) kindergarten through grade 12 academic achievement and demographic data, without revealing personally identifiable information about an individual student, for students who have been taught by graduates of the teacher preparation program; and ``(ii) teacher or school leader effectiveness evaluations for teachers or school leaders who graduated from the teacher or school leader preparation program. ``SEC. 209. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2022 and each of the 5 succeeding fiscal years. ``(b) Evaluation, Research, and Dissemination.--From the amount appropriated in a fiscal year under subsection (a), the Secretary may reserve up to 5 percent for evaluation, research, and dissemination activities carried out pursuant to section 204(d), such as investments in programs for the collection and analysis of outcomes-based data beyond those data required by section 205(b).''. <all>

Teachers and School LEADERS Act of 2021

A bill to amend title II of the Higher Education Act of 1965 to provide for teacher, principal, and other school leader quality enhancement.

Teachers and School LEADERS Act of 2021 Teachers and School Leaders need Education And Development to be Empowered Resources in Schools Act of 2021

Sen. Cornyn, John

R

TX

S.5093

Health

Behavioral Health Network and Directory Improvement Act This bill increases oversight of health insurance plans' provider directories and revises the network adequacy standards with respect to the accessibility of mental health and substance use disorder providers.

To further protect patients and improve the accuracy of provider directory information by eliminating ghost networks. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Behavioral Health Network and Directory Improvement Act''. SEC. 2. PROTECTING PATIENTS AND IMPROVING THE ACCURACY OF PROVIDER DIRECTORY INFORMATION. (a) PHSA.--Section 2799A-5 of the Public Health Service Act (42 U.S.C. 300gg-115) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by striking ``For plan years beginning on or after January 1, 2022, each'' and inserting ``Each''; (ii) in subparagraph (C), by striking ``; and'' and inserting a semicolon; (iii) in subparagraph (D), by striking the period and inserting ``; and''; and (iv) by adding at the end the following: ``(E) ensure that any directory, including the database described in subparagraph (C), containing provider directory information with respect to such plan or such coverage complies with the requirements developed by the appropriate agencies in accordance with paragraph (6) in order to ensure that participants, beneficiaries, and enrollees are able to identify actively participating health care providers and health care facilities.''; (B) in paragraph (2)(A), by striking ``90 days'' and inserting ``30 days''; (C) in paragraph (3)-- (i) in the matter preceding subparagraph (A), by striking ``, in the case such request is made through a telephone call''; and (ii) in subparagraph (A), by striking ``call is received, through a written electronic or print (as requested by such individual) communication'' and inserting ``a request is received, by telephone, or through a written electronic or print communication (as requested by such individual)''; (D) in paragraph (4)-- (i) in subparagraph (A), by striking ``and'' at the end; (ii) in subparagraph (B), by striking the period and inserting ``; and''; and (iii) by adding at the end the following: ``(C) information, in plain language, concerning the rights of the participant, beneficiary, or enrollee to cost-sharing protections pursuant to subsection (b) in the event of reliance on inaccurate provider network information supplied by a group health plan or health insurance issuer, and contact information for the State consumer assistance program or ombudsman for more information.''; (E) in paragraph (5), by adding at the end the following: ``Such information shall include a statement, in plain language, concerning the rights of the participant, beneficiary, or enrollee to cost- sharing protections pursuant to subsection (b) in the event of reliance on inaccurate provider directory information supplied by a group health plan or health insurance issuer, and contact information for the State consumer assistance program or ombudsman for more information.''; (F) by redesignating paragraphs (6) and (7) as paragraphs (8) and (9), respectively; (G) by inserting after paragraph (5) the following: ``(6) Protecting participants, beneficiaries, and enrollees from ghost networks.--The Secretary, in collaboration with the Secretary of Labor and the Secretary of the Treasury, shall-- ``(A) not later than 180 days after the date of enactment of the Behavioral Health Network and Directory Improvement Act, issue interim final regulations (without prior notice and comment as required under section 553 of title 5, United States Code) further defining the term `ghost network' (as defined in paragraph (8)); and ``(B) not later than 18 months after the date of enactment of the Behavioral Health Network and Directory Improvement Act, issue interim final regulations (without prior notice and comment as required under section 553 of title 5, United States Code), subregulatory guidance, or program instruction on how to assess ghost networks in health plan directories including reasonable assumptions related to statistics and research methods. ``(7) Database reporting and auditing to protect against ghost networks.-- ``(A) Reporting requirements.--Beginning not later than 3 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act, each group health plan and health insurance issuer offering group or individual health insurance coverage shall submit to the Secretary, at such time as the Secretary, in coordination with the Secretary of Labor and the Secretary of the Treasury, shall require, but not less frequently than annually, the directory data described in paragraph (a)(4), in a machine readable format (as defined in section 147.210(a)(2)(xiv) of title 45, Code of Federal Regulations (or any successor regulations)). The Secretary, in coordination with the Secretary of Labor and the Secretary of the Treasury, shall make data submitted under this subparagraph available on a public website. ``(B) Provider directory independent audit requirements.-- ``(i) In general.--Beginning not later than 3 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act, each group health plan and health insurance issuer offering group or individual health insurance coverage shall conduct an annual directory audit, through an independent entity not associated with the health plan or issuer, that considers the factors described in clause (ii)(I)(aa) and follows the guidelines developed under clause (ii)(I)(bb). ``(ii) Factors.-- ``(I) In general.--For purposes of carrying out the audits under this subparagraph, the Secretary shall-- ``(aa) develop a list of factors to be considered; and ``(bb) provide guidelines for carrying out such audits, for use by group health plans and health insurance issuers, on-- ``(AA) the reasonable assumptions and research methods to select a reasonable sample in order to assess provider directory information accuracy; and ``(BB) determining the criteria of an eligible auditor. ``(II) Contents.--The factors under subclause (I)(aa) shall include the following: ``(aa) A list of every health care provider and health care facility that was part of the network of the applicable plan or coverage, the months during the plan year during which each such provider or facility was part of the network, and the number of participants, beneficiaries, and enrollees in the plan or coverage (including participants, beneficiaries, and enrollees who are new patients of the provider) each such provider or facility treated during such period. ``(bb) The proportion of directory listings of the plan or coverage with inaccurate information, including incorrect contact information, including incorrect contact information, as specified by the Secretary, during the audit period. ``(cc) The number of in- network items or services paid on behalf of participants, beneficiaries, and enrollees in the plan or coverage to providers or facilities who have a network provider contract with the health plan or issuer and were not listed in the directory of the health plan or health insurance coverage for the audit period. ``(dd) The resources of the plan or issuer to help participants, beneficiaries, and enrollees locate an accurately listed in-network provider who is accepting new patients. ``(ee) The proportion of participants, beneficiaries, and enrollees using out-of- network providers for mental health and substance use disorder services, and the proportion of participants, beneficiaries, and enrollees using out-of-network providers and facilities for medical and surgical services. ``(ff) Documentation that the plan or issuer verifies the accuracy of the provider directory information every 30 days. ``(gg) Other factors as determined by the Secretary. ``(iii) Requirements of the independent audit.--An audit under this subparagraph is complete if all of the following conditions are met: ``(I) The audit report includes the following: ``(aa) A statement by the independent auditor that, to the best of the auditor's knowledge, the report is complete and accurate, and that reasonable assumptions related to statistics and research methods have been complied with. ``(bb) A statement explaining the assumptions, statistics, and methods used to select the sample and assess provider directory information accuracy. ``(cc) Such other information as the Secretary determines necessary. ``(II) The group health plan or health insurer issuer makes the independent audit available on a public website. ``(iv) Rulemaking.--The Secretary, the Secretary of Labor, and the Secretary of the Treasury shall issue interim final regulations (without prior notice and comment as required under section 553 of title 5, United States Code) concerning the national standards for conducting audits under this subparagraph, not later than 2 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act. ``(C) Audits by the secretary.-- ``(i) In general.--Beginning not later than the third plan year after the date of enactment of the Behavioral Health Network and Directory Improvement Act, the Secretary shall conduct annual audits to ensure compliance with the provider directory requirements of this subsection. ``(ii) Requirements.--Audits conducted by the Secretary under this subparagraph shall-- ``(I) assess the accuracy of the information provided in health plan directories required under this subsection, including the proportion of listings with incorrect information, the last date on which the behavioral health network of the group health plan or health insurance coverage was updated, and other information determined appropriate by the Secretary; and ``(II) use reasonable assumptions related to statistics and research methods to identify a representative sample of listings for analysis and such methods as the Secretary determines appropriate, which may include retrospective analysis of billing data. ``(iii) Selection of plans and issuers.-- The Secretary shall conduct annual audits of a total of not fewer than 10 group health plans or health insurance issuers offering group or individual health insurance coverage, as determined by the Secretary, that are the subjects of complaints about ghost networks or other complaints, or that are randomly selected by the Secretary.''; and (H) in paragraph (8), as so redesignated-- (i) in the paragraph heading, by striking ``Definition'' and inserting ``Definitions''; (ii) by striking ``For purposes of this subsection, the term'' and inserting the following: ``For purposes of this subsection: ``(A) Provider directory information.--The term''; (iii) by striking ``health insurance coverage, the name'' and inserting ``health insurance coverage-- ``(i) the name''; (iv) by striking the period and inserting ``; and''; and (v) by adding at the end the following: ``(ii) with respect to each such provider or facility-- ``(I) whether such provider or facility is accepting new patients; ``(II) the languages spoken and the availability of language translators for specified languages at each health care facility listed in the directory; ``(III) whether the provider or facility offers medication-assisted treatment for opioid use disorder; ``(IV) the State license number; ``(V) the national provider identifier; ``(VI) the age groups served by the provider or facility, such as pediatric, adolescent, adult, or geriatric populations; ``(VII) whether such provider or facility offers in-person services, telehealth services, or both; and ``(VIII) the cost-sharing tier, if applicable. ``(B) Ghost network.--The term `ghost network' means a group health plan or group or individual health insurance coverage for which the provider directory information describing the network of such plan or coverage-- ``(i) does not include accurate required information for purposes of making an appointment for in-network care within a reasonable time period; ``(ii) includes a meaningful number of providers and facilities (as specified by the Secretary, in coordination with the Secretary of Labor and the Secretary of the Treasury) in a specialty who are not accepting new patients within a time period specified by such secretaries; ``(iii) includes providers that are not part of the network; or ``(iv) omits providers that are part of the network.''; and (2) in subsection (b)-- (A) in paragraph (1), by striking ``and if either of the criteria described in paragraph (2) applies with respect to such participant, beneficiary, or enrollee and item or service''; and (B) by striking paragraph (2) and inserting the following: ``(2) Reconciliation requirement.--For purposes of paragraph (1), a group health plan or group or individual health insurance coverage offered by a health insurance issuer, on a regular basis, shall reconcile payment requests for items or services furnished by a nonparticipating provider or a nonparticipating facility and the posted provider directory database for the day the delivered item or service was provided. If a nonparticipating provider was listed as a participating provider in the directory, the group health plan or health insurance issuer shall notify the participant, beneficiary, or enrollee, in plain language, that the participant, beneficiary, or enrollee may be eligible for a refund from the group health plan or health insurance issuer if such participant, beneficiary, or enrollee paid the out of network cost-sharing and did not receive a refund under section 2799B-9(b).''. (b) ERISA.-- (1) In general.--Section 720 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185i) is amended-- (A) in subsection (a)-- (i) in paragraph (1)-- (I) by striking ``For plan years beginning on or after January 1, 2022, each'' and inserting ``Each''; (II) in subparagraph (C), by striking ``; and'' and inserting a semicolon; (III) in subparagraph (D), by striking the period and inserting ``; and''; and (IV) by adding at the end the following: ``(E) ensure that any directory, including the database described in subparagraph (C), containing provider directory information with respect to such plan or such coverage complies with the requirements developed by the appropriate agencies in accordance with paragraph (6) in order to ensure that participants, beneficiaries, and enrollees are able to identify actively participating health care providers and health care facilities.''; (ii) in paragraph (2)(A), by striking ``90 days'' and inserting ``30 days''; (iii) in paragraph (3)-- (I) in the matter preceding subparagraph (A), by striking ``, in the case such request is made through a telephone call''; and (II) in subparagraph (A), by striking ``call is received, through a written electronic or print (as requested by such individual) communication'' and inserting ``a request is received, by telephone, or through a written electronic or print communication (as requested by such individual)''; (iv) in paragraph (4)-- (I) in subparagraph (A), by striking ``and'' at the end; (II) in subparagraph (B), by striking the period and inserting ``; and''; and (III) by adding at the end the following: ``(C) information, in plain language, concerning the rights of the participant, beneficiary, or enrollee to cost-sharing protections pursuant to subsection (b) in the event of reliance on inaccurate provider network information supplied by a group health plan or health insurance issuer, and contact information for the State consumer assistance program or ombudsman for more information.''; (v) in paragraph (5), by adding at the end the following: ``Such information shall include a statement, in plain language, concerning the rights of the participant, beneficiary, or enrollee to cost-sharing protections pursuant to subsection (b) in the event of reliance on inaccurate provider directory information supplied by a group health plan or health insurance issuer, and contact information for the State consumer assistance program or ombudsman for more information.''; (vi) by redesignating paragraphs (6) and (7) as paragraphs (8) and (9), respectively; (vii) by inserting after paragraph (5) the following: ``(6) Protecting participants, beneficiaries, and enrollees from ghost networks.--The Secretary, in collaboration with the Secretary of Labor and the Secretary of the Treasury, shall-- ``(A) not later than 180 days after the date of enactment of the Behavioral Health Network and Directory Improvement Act, issue interim final regulations (without prior notice and comment as required under section 553 of title 5, United States Code) further defining the term `ghost network' (as defined in paragraph (8)); and ``(B) not later than 18 months after the date of enactment of the Behavioral Health Network and Directory Improvement Act, issue interim final regulations (without prior notice and comment as required under section 553 of title 5, United States Code), subregulatory guidance, or program instruction on how to assess ghost networks in health plan directories including reasonable assumptions related to statistics and research methods. ``(7) Database reporting and auditing to protect against ghost networks.-- ``(A) Reporting requirements.--Beginning not later than 3 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act, each group health plan and health insurance issuer offering group health insurance coverage shall submit to the Secretary, at such time as the Secretary, in coordination with the Secretary of Health and Human Services and the Secretary of the Treasury, shall require, but not less frequently than annually, the directory data described in paragraph (a)(4), in a machine readable format (as defined in section 147.210(a)(2)(xiv) of title 45, Code of Federal Regulations (or any successor regulations)). The Secretary, in coordination with the Secretary of Health and Human Services and the Secretary of the Treasury, shall make data submitted under this subparagraph available on a public website. ``(B) Provider directory independent audit requirements.-- ``(i) In general.--Beginning not later than 3 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act, each group health plan and health insurance issuer offering group health insurance coverage shall conduct an annual directory audit, through an independent entity not associated with the health plan or issuer, that considers the factors described in clause (ii)(I)(aa) and follows the guidelines developed under clause (ii)(I)(bb). ``(ii) Factors.-- ``(I) In general.--For purposes of carrying out the audits under this subparagraph, the Secretary shall-- ``(aa) develop a list of factors to be considered; and ``(bb) provide guidelines for carrying out such audits, for use by group health plans and health insurance issuers, on-- ``(AA) the reasonable assumptions and research methods to select a reasonable sample in order to assess provider directory information accuracy; and ``(BB) determining the criteria of an eligible auditor. ``(II) Contents.--The factors under subclause (I)(aa) shall include the following: ``(aa) A list of every health care provider and health care facility that was part of the network of the applicable plan or coverage, the months during the plan year during which each such provider or facility was part of the network, and the number of participants, beneficiaries, and enrollees in the plan or coverage (including participants, beneficiaries, and enrollees who are new patients of the provider) each such provider or facility treated during such period. ``(bb) The proportion of directory listings of the plan or coverage with inaccurate information, including incorrect contact information, including incorrect contact information, as specified by the Secretary, during the audit period. ``(cc) The number of in- network items or services paid on behalf of participants, beneficiaries, and enrollees in the plan or coverage to providers or facilities who have a network provider contract with the health plan or issuer and were not listed in the directory of the health plan or health insurance coverage for the audit period. ``(dd) The resources of the plan or issuer to help participants, beneficiaries, and enrollees locate an accurately listed in-network provider who is accepting new patients. ``(ee) The proportion of participants, beneficiaries, and enrollees using out-of- network providers for mental health and substance use disorder services, and the proportion of participants, beneficiaries, and enrollees using out-of-network providers and facilities for medical and surgical services. ``(ff) Documentation that the plan or issuer verifies the accuracy of the provider directory information every 30 days. ``(gg) Other factors as determined by the Secretary. ``(iii) Requirements of the independent audit.--An audit under this subparagraph is complete if all of the following conditions are met: ``(I) The audit report includes the following: ``(aa) A statement by the independent auditor that, to the best of the auditor's knowledge, the report is complete and accurate, and that reasonable assumptions related to statistics and research methods have been complied with. ``(bb) A statement explaining the assumptions, statistics, and methods used to select the sample and assess provider directory information accuracy. ``(cc) Such other information as the Secretary determines necessary. ``(II) The group health plan or health insurer issuer makes the independent audit available on a public website. ``(iv) Rulemaking.--The Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall issue interim final regulations (without prior notice and comment as required under section 553 of title 5, United States Code) concerning the national standards for conducting audits under this subparagraph, not later than 2 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act. ``(C) Audits by the secretary.-- ``(i) In general.--Beginning not later than the third plan year after the date of enactment of the Behavioral Health Network and Directory Improvement Act, the Secretary shall conduct annual audits to ensure compliance with the provider directory requirements of this subsection. ``(ii) Requirements.--Audits conducted by the Secretary under this subparagraph shall-- ``(I) assess the accuracy of the information provided in health plan directories required under this subsection, including the proportion of listings with incorrect information, the last date on which the behavioral health network of the group health plan or health insurance coverage was updated, and other information determined appropriate by the Secretary; and ``(II) use reasonable assumptions related to statistics and research methods to identify a representative sample of listings for analysis and such methods as the Secretary determines appropriate, which may include retrospective analysis of billing data. ``(iii) Selection of plans and issuers.-- The Secretary shall conduct annual audits of a total of not fewer than 10 group health plans or health insurance issuers offering group health insurance coverage, as determined by the Secretary, that are the subjects of complaints about ghost networks or other complaints, or that are randomly selected by the Secretary.''; and (viii) in paragraph (8), as so redesignated-- (I) in the paragraph heading, by striking ``Definition'' and inserting ``Definitions''; (II) by striking ``For purposes of this subsection, the term'' and inserting the following: ``For purposes of this subsection: ``(A) Provider directory information.--The term''; (III) by striking ``health insurance coverage, the name'' and inserting ``health insurance coverage-- ``(i) the name''; (IV) by striking the period and inserting ``; and''; and (V) by adding at the end the following: ``(ii) with respect to each such provider or facility-- ``(I) whether such provider or facility is accepting new patients; ``(II) the languages spoken and the availability of language translators for specified languages at each health care facility listed in the directory; ``(III) whether the provider or facility offers medication-assisted treatment for opioid use disorder; ``(IV) the State license number; ``(V) the national provider identifier; ``(VI) the age groups served by the provider or facility, such as pediatric, adolescent, adult, or geriatric populations; ``(VII) whether such provider or facility offers in-person services, telehealth services, or both; and ``(VIII) the cost-sharing tier, if applicable. ``(B) Ghost network.--The term `ghost network' means a group health plan or group health insurance coverage for which the provider directory information describing the network of such plan or coverage-- ``(i) does not include accurate required information for purposes of making an appointment for in-network care within a reasonable time period; ``(ii) includes a meaningful number of providers and facilities (as specified by the Secretary, in coordination with the Secretary of Health and Human Services and the Secretary of the Treasury) in a specialty who are not accepting new patients within a time period specified by such secretaries; ``(iii) includes providers that are not part of the network; or ``(iv) omits providers that are part of the network.''; and (B) in subsection (b)-- (i) in paragraph (1), by striking ``and if either of the criteria described in paragraph (2) applies with respect to such participant, beneficiary, or enrollee and item or service''; and (ii) by striking paragraph (2) and inserting the following: ``(2) Reconciliation requirement.--For purposes of paragraph (1), a group health plan or group health insurance coverage offered by a health insurance issuer, on a regular basis, shall reconcile payment requests for items or services furnished by a nonparticipating provider or a nonparticipating facility and the posted provider directory database for the day the delivered item or service was provided. If a nonparticipating provider was listed as a participating provider in the directory, the group health plan or health insurance issuer shall notify the participant, beneficiary, or enrollee, in plain language, that the participant, beneficiary, or enrollee may be eligible for a refund from the group health plan or health insurance issuer if such participant, beneficiary, or enrollee paid the out of network cost-sharing and did not receive a refund under section 2799B-9(b) of the Public Health Service Act (42 U.S.C. 300gg-139).''. (2) Civil monetary penalties for violations.-- (A) Civil monetary penalties relating to provider directory requirements.--Section 502(c)(10) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132(c)(10)(A)) is amended-- (i) in the heading, by striking ``use of genetic information'' and inserting ``use of genetic information and provider directory requirements''; and (ii) in subparagraph (A)-- (I) by striking ``any plan sponsor of a group health plan'' and inserting ``any plan sponsor or plan administrator of a group health plan''; and (II) by striking ``for any failure'' and all that follows through ``in connection with the plan.'' and inserting ``for any failure by such plan sponsor, plan administrator, or health insurance issuer, in connection with the plan-- ``(i) to meet the requirements of subsection (a)(1)(F), (b)(3), (c), or (d) of section 702 or section 701 or 702(b)(1) with respect to genetic information; or ``(ii) to meet the requirements of section 720 with respect to provider directory information.''. (B) Exception to the general prohibition on enforcement.--Section 502 of such Act (29 U.S.C. 1132) is amended-- (i) in subsection (a)(6), by striking ``or (9)'' and inserting ``(9), or (10)''; and (ii) in subsection (b)(3)-- (I) by striking ``subsections (c)(9) and (a)(6)'' and inserting ``subsections (c)(9), (c)(10), and (a)(6)''; (II) by striking ``under subsection (c)(9))'' and inserting ``under subsections (c)(9) and (c)(10)), and except with respect to enforcement by the Secretary of section 720''; and (III) by striking ``706(a)(1)'' and inserting ``733(a)(1)''. (C) Effective date.--The amendments made by subparagraph (A) shall apply with respect to group health plans, or any health insurance issuer offering health insurance coverage in connection with such plan, for plan years beginning after the date that is 1 year after the date of enactment of this Act. (c) IRC.--Section 9820 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by striking ``For plan years beginning on or after January 1, 2022, each'' and inserting ``Each''; (ii) in subparagraph (C), by striking ``; and'' and inserting a semicolon; (iii) in subparagraph (D), by striking the period and inserting ``; and''; and (iv) by adding at the end the following: ``(E) ensure that any directory, including the database described in subparagraph (C), containing provider directory information with respect to such plan complies with the requirements developed by the appropriate agencies in accordance with paragraph (6) in order to ensure that participants, beneficiaries, and enrollees are able to identify actively participating health care providers and health care facilities.''; (B) in paragraph (2)(A), by striking ``90 days'' and inserting ``30 days''; (C) in paragraph (3)-- (i) in the matter preceding subparagraph (A), by striking ``, in the case such request is made through a telephone call''; and (ii) in subparagraph (A), by striking ``call is received, through a written electronic or print (as requested by such individual) communication'' and inserting ``a request is received, by telephone, or through a written electronic or print communication (as requested by such individual)''; (D) in paragraph (4)-- (i) in subparagraph (A), by striking ``and'' at the end; (ii) in subparagraph (B), by striking the period and inserting ``; and''; and (iii) by adding at the end the following: ``(C) information, in plain language, concerning the rights of the participant, beneficiary, or enrollee to cost-sharing protections pursuant to subsection (b) in the event of reliance on inaccurate provider network information supplied by a group health plan, and contact information for the State consumer assistance program or ombudsman for more information.''; (E) in paragraph (5), by adding at the end the following: ``Such information shall include a statement, in plain language, concerning the rights of the participant, beneficiary, or enrollee to cost- sharing protections pursuant to subsection (b) in the event of reliance on inaccurate provider directory information supplied by a group health plan, and contact information for the State consumer assistance program or ombudsman for more information.''; (F) by redesignating paragraphs (6) and (7) as paragraphs (8) and (9), respectively; (G) by inserting after paragraph (5) the following: ``(6) Protecting participants, beneficiaries, and enrollees from ghost networks.--The Secretary, in collaboration with the Secretary of Labor and the Secretary of Health and Human Services, shall-- ``(A) not later than 180 days after the date of enactment of the Behavioral Health Network and Directory Improvement Act, issue interim final regulations (without prior notice and comment as required under section 553 of title 5, United States Code) further defining the term `ghost network' (as defined in paragraph (8)); and ``(B) not later than 18 months after the date of enactment of the Behavioral Health Network and Directory Improvement Act, issue interim final regulations (without prior notice and comment as required under section 553 of title 5, United States Code), subregulatory guidance, or program instruction on how to assess ghost networks in health plan directories including reasonable assumptions related to statistics and research methods. ``(7) Database reporting and auditing to protect against ghost networks.-- ``(A) Reporting requirements.--Beginning not later than 3 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act, each group health plan shall submit to the Secretary, at such time as the Secretary, in coordination with the Secretary of Labor and the Secretary of Health and Human Services, shall require, but not less frequently than annually, the directory data described in paragraph (a)(4), in a machine readable format (as defined in section 147.210(a)(2)(xiv) of title 45, Code of Federal Regulations (or any successor regulations)). The Secretary, in coordination with the Secretary of Labor and the Secretary of Health and Human Services, shall make data submitted under this subparagraph available on a public website. ``(B) Provider directory independent audit requirements.-- ``(i) In general.--Beginning not later than 3 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act, each group health plan shall conduct an annual directory audit, through an independent entity not associated with the health plan, that considers the factors described in clause (ii)(I)(aa) and follows the guidelines developed under clause (ii)(I)(bb). ``(ii) Factors.-- ``(I) In general.--For purposes of carrying out the audits under this subparagraph, the Secretary shall-- ``(aa) develop a list of factors to be considered; and ``(bb) provide guidelines for carrying out such audits, for use by group health plans, on-- ``(AA) the reasonable assumptions and research methods to select a reasonable sample in order to assess provider directory information accuracy; and ``(BB) determining the criteria of an eligible auditor. ``(II) Contents.--The factors under subclause (I)(aa) shall include the following: ``(aa) A list of every health care provider and health care facility that was part of the network of the applicable plan, the months during the plan year during which each such provider or facility was part of the network, and the number of participants, beneficiaries, and enrollees in the plan (including participants, beneficiaries, and enrollees who are new patients of the provider) each such provider or facility treated during such period. ``(bb) The proportion of directory listings of the plan with inaccurate information, including incorrect contact information, including incorrect contact information, as specified by the Secretary, during the audit period. ``(cc) The number of in- network items or services paid on behalf of participants, beneficiaries, and enrollees in the plan to providers or facilities who have a network provider contract with the health plan and were not listed in the directory of the health plan for the audit period. ``(dd) The resources of the plan to help participants, beneficiaries, and enrollees locate an accurately listed in- network provider who is accepting new patients. ``(ee) The proportion of participants, beneficiaries, and enrollees using out-of- network providers for mental health and substance use disorder services, and the proportion of participants, beneficiaries, and enrollees using out-of-network providers and facilities for medical and surgical services. ``(ff) Documentation that the plan verifies the accuracy of the provider directory information every 30 days. ``(gg) Other factors as determined by the Secretary. ``(iii) Requirements of the independent audit.--An audit under this subparagraph is complete if all of the following conditions are met: ``(I) The audit report includes the following: ``(aa) A statement by the independent auditor that, to the best of the auditor's knowledge, the report is complete and accurate, and that reasonable assumptions related to statistics and research methods have been complied with. ``(bb) A statement explaining the assumptions, statistics, and methods used to select the sample and assess provider directory information accuracy. ``(cc) Such other information as the Secretary determines necessary. ``(II) The group health plan makes the independent audit available on a public website. ``(iv) Rulemaking.--The Secretary, the Secretary of Labor, and the Secretary of Health and Human Services shall issue interim final regulations (without prior notice and comment as required under section 553 of title 5, United States Code) concerning the national standards for conducting audits under this subparagraph, not later than 2 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act. ``(C) Audits by the secretary.-- ``(i) In general.--Beginning not later than the third plan year after the date of enactment of the Behavioral Health Network and Directory Improvement Act, the Secretary shall conduct annual audits to ensure compliance with the provider directory requirements of this subsection. ``(ii) Requirements.--Audits conducted by the Secretary under this subparagraph shall-- ``(I) assess the accuracy of the information provided in health plan directories required under this subsection, including the proportion of listings with incorrect information, the last date on which the behavioral health network of the group health plan was updated, and other information determined appropriate by the Secretary; and ``(II) use reasonable assumptions related to statistics and research methods to identify a representative sample of listings for analysis and such methods as the Secretary determines appropriate, which may include retrospective analysis of billing data. ``(iii) Selection of plans.--The Secretary shall conduct annual audits of a total of not fewer than 10 group health plans, as determined by the Secretary, that are the subjects of complaints about ghost networks or other complaints, or that are randomly selected by the Secretary.''; and (H) in paragraph (8), as so redesignated-- (i) in the paragraph heading, by striking ``Definition'' and inserting ``Definitions''; (ii) by striking ``For purposes of this subsection, the term'' and inserting the following: ``For purposes of this subsection: ``(A) Provider directory information.--The term''; (iii) by striking ``group health plan, the name'' and inserting ``group health plan-- ``(i) the name''; (iv) by striking the period and inserting ``; and''; and (v) by adding at the end the following: ``(ii) with respect to each such provider or facility-- ``(I) whether such provider or facility is accepting new patients; ``(II) the languages spoken and the availability of language translators for specified languages at each health care facility listed in the directory; ``(III) whether the provider or facility offers medication-assisted treatment for opioid use disorder; ``(IV) the State license number; ``(V) the national provider identifier; ``(VI) the age groups served by the provider or facility, such as pediatric, adolescent, adult, or geriatric populations; ``(VII) whether such provider or facility offers in-person services, telehealth services, or both; and ``(VIII) the cost-sharing tier, if applicable. ``(B) Ghost network.--The term `ghost network' means a group health plan for which the provider directory information describing the network of such plan-- ``(i) does not include accurate required information for purposes of making an appointment for in-network care within a reasonable time period; ``(ii) includes a meaningful number of providers and facilities (as specified by the Secretary, in coordination with the Secretary of Labor and the Secretary of Health and Human Services) in a specialty who are not accepting new patients within a time period specified by such secretaries; ``(iii) includes providers that are not part of the network; or ``(iv) omits providers that are part of the network.''; and (2) in subsection (b)-- (A) in paragraph (1), by striking ``and if either of the criteria described in paragraph (2) applies with respect to such participant, beneficiary, or enrollee and item or service''; and (B) by striking paragraph (2) and inserting the following: ``(2) Reconciliation requirement.--For purposes of paragraph (1), a group health plan, on a regular basis, shall reconcile payment requests for items or services furnished by a nonparticipating provider or a nonparticipating facility and the posted provider directory database for the day the delivered item or service was provided. If a nonparticipating provider was listed as a participating provider in the directory, the group health plan shall notify the participant, beneficiary, or enrollee, in plain language, that the participant, beneficiary, or enrollee may be eligible for a refund from the group health plan if such participant, beneficiary, or enrollee paid the out of network cost-sharing and did not receive a refund under section 2799B-9(b) of the Public Health Service Act (42 U.S.C. 300gg-139).''. SEC. 3. PROVIDER REQUIREMENTS TO PROTECT PATIENTS AND IMPROVE THE ACCURACY OF PROVIDER DIRECTORY INFORMATION. Section 2799B-9 of the Public Health Service Act (42 U.S.C. 300gg- 139) is amended-- (1) in subsection (a)-- (A) in paragraph (3), by striking ``; and'' and inserting a semicolon; (B) by redesignating paragraph (4) as paragraph (6); and (C) by inserting after paragraph (3) the following: ``(4) subject to paragraph (5), when a provider or facility that is not accepting new patients determines that it has the ability to accept new patients, within 5 business days of such determination; ``(5) when a solo practitioner or small provider, as determined by the Secretary, determines that it has the ability to accept new patients, within 10 business days of such determination; and''; and (2) by amending subsection (d) to read as follows: ``(d) Definition.--For purposes of this section, the term `provider directory information' includes-- ``(1) the name, address, specialty, telephone number, and digital contact information of each individual health care provider contracted to participate in any of the networks of the group health plan or health insurance coverage involved; ``(2) the name, address, specialty, telephone number, and digital contact information of each medical group, clinic, or facility contracted to participate in any of the networks of the group health plan or health insurance coverage involved; and ``(3) with respect to each such provider, medical group, clinic, or facility-- ``(A) whether such provider, medical group, clinic, or facility is accepting new patients; ``(B) the languages spoken and the availability of language translators for specified languages at each provider, medical group, clinic, or facility listed in the directory; ``(C) whether the provider, medical group, clinic, or facility offers medication-assisted treatment for opioid use disorder; ``(D) the State license number; ``(E) the national provider identifier; ``(F) the age groups served by such provider, group, clinic, or facility, such as pediatric, adolescent, adult, or geriatric populations; ``(G) whether such provider, group, clinic, or facility offers in-person services, telehealth services, or both; and ``(H) the cost-sharing tier, if applicable.''. SEC. 4. STRENGTHENING MENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY REQUIREMENTS. (a) PHSA.-- (1) Network adequacy requirements.--Section 2726(a) of the Public Health Service Act (42 U.S.C. 300gg-26(a)) is amended by adding at the end the following: ``(9) Network adequacy requirements.-- ``(A) In general.--The Secretary, the Secretary of Labor, and the Secretary of the Treasury shall issue regulations establishing national quantitative standards for mental health and substance use disorder network adequacy. Such standards shall consider-- ``(i) the ratio of in-network mental health providers, separated by professional type of mental health provider, to participants, beneficiaries, and enrollees in a group health plan or health insurance coverage; ``(ii) the ratio of in-network substance use disorder providers, separated by professional type of substance use disorder provider, to participants, beneficiaries, and enrollees in a group health plan or health insurance coverage; ``(iii) separately, for each of mental health services and substance use disorder services-- ``(I) geographic accessibility of providers; ``(II) geographic variation and population dispersion; ``(III) waiting times for appointments with participating providers; ``(IV) hours of operation for participating providers; ``(V) the ability of the network to meet the needs of participants, beneficiaries, and enrollees, including low-income individuals, individuals who are members of a racial or ethnic minority, individuals who live in a health professional shortage area, children and adults with serious, chronic, and complex health conditions, individuals with physical or mental disabilities or substance use disorders, pediatric populations, and individuals with limited English proficiency; ``(VI) the availability of in- person services, telehealth services, and hybrid services to serve the needs of participants, beneficiaries, and enrollees; and ``(VII) the percentage of in- network providers who have submitted a claim for payment during the previous 6 months; and ``(iv) other standards as determined by the Secretary, the Secretary of Labor, and the Secretary of the Treasury. ``(B) Timing.-- ``(i) Issuance.--The Secretary, the Secretary of Labor, and the Secretary of the Treasury shall-- ``(I) issue proposed regulations required under subparagraph (A) not later than 2 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act; and ``(II) issue final regulations under subparagraph (A) not later than 1 year thereafter. ``(ii) Effective date.--The regulations promulgated under this paragraph shall take effect in the first plan year that begins after the date on which such final regulations are issued. ``(C) Audits.--The Secretary, the Secretary of Labor, and the Secretary of the Treasury shall conduct annual, targeted audits of not fewer than 10 group health plans and health insurance issuers offering group or individual health insurance coverage that the Secretaries determine to be the subject of the greatest number of complaints about mental health and substance use disorder network adequacy to ensure compliance with the requirements of this paragraph. Such audits shall begin not earlier than one year after the final regulations implementing this paragraph begin to apply to group health plans and health insurance issuers.''. (2) Definitions.--Paragraphs (4) and (5) of section 2726(e) of the Public Health Service Act (42 U.S.C. 300gg-26(e)) are amended to read as follows: ``(4) Mental health benefits.--The term `mental health benefits' means benefits with respect to services related to a mental health condition, defined consistently with generally recognized independent standards of current medical practice, such as the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association. ``(5) Substance use disorder benefits.--The term `substance use disorder benefits' means benefits with respect to services related to a substance use disorder, defined consistently with generally recognized independent standards of current medical practice, such as the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.''. (3) Standards for parity in reimbursement rates.--Section 2726(a) of the Public Health Service Act (42 U.S.C. 300gg- 26(a)), as amended by paragraph (1), is further amended by adding at the end the following: ``(10) Standards for parity in reimbursement rates.-- ``(A) In general.--Not later than 2 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act, the Secretary, the Secretary of Labor, and the Secretary of the Treasury shall issue regulations on a standard for parity in reimbursement rates for mental health or substance use disorder benefits and medical and surgical benefits, based on a comparative analysis conducted by such Secretaries using data submitted by group health plans and health insurance issuers, provider associations, and other experts related to the cost of care delivery for mental health and substance use disorder benefits. ``(B) Requests for data.--Group health plans and health insurance issuers shall comply with any request for data issued by the Secretary, the Secretary of Labor, and the Secretary of the Treasury for purposes of developing the standards under subparagraph (A). ``(C) Effective date.--The regulations promulgated under subparagraph (A) shall apply to group health plans and health insurance issuers offering group or individual health insurance coverage beginning in the first plan year that begins after issuance of the final regulations.''. (b) ERISA.-- (1) Network adequacy requirements.--Section 712(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185a(a)) is amended by adding at the end the following: ``(9) Network adequacy requirements.-- ``(A) In general.--The Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall issue regulations establishing national quantitative standards for mental health and substance use disorder network adequacy. Such standards shall consider-- ``(i) the ratio of in-network mental health providers, separated by professional type of mental health provider, to participants, beneficiaries, and enrollees in a group health plan or health insurance coverage; ``(ii) the ratio of in-network substance use disorder providers, separated by professional type of substance use disorder provider, to participants, beneficiaries, and enrollees in a group health plan or health insurance coverage; ``(iii) separately, for each of mental health services and substance use disorder services-- ``(I) geographic accessibility of providers; ``(II) geographic variation and population dispersion; ``(III) waiting times for appointments with participating providers; ``(IV) hours of operation for participating providers; ``(V) the ability of the network to meet the needs of participants, beneficiaries, and enrollees, including low-income individuals, individuals who are members of a racial or ethnic minority, individuals who live in a health professional shortage area, children and adults with serious, chronic, and complex health conditions, individuals with physical or mental disabilities or substance use disorders, pediatric populations, and individuals with limited English proficiency; ``(VI) the availability of in- person services, telehealth services, and hybrid services to serve the needs of participants, beneficiaries, and enrollees; and ``(VII) the percentage of in- network providers who have submitted a claim for payment during the previous 6 months; and ``(iv) other standards as determined by the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury. ``(B) Timing.-- ``(i) Issuance.--The Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall-- ``(I) issue proposed regulations required under subparagraph (A) not later than 2 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act; and ``(II) issue final regulations under subparagraph (A) not later than 1 year thereafter. ``(ii) Effective date.--The regulations promulgated under this paragraph shall take effect in the first plan year that begins after the date on which such final regulations are issued. ``(C) Audits.--The Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall conduct annual, targeted audits of not fewer than 10 group health plans and health insurance issuers offering group health insurance coverage that the Secretaries determine to be the subject of the greatest number of complaints about mental health and substance use disorder network adequacy to ensure compliance with the requirements of this paragraph. Such audits shall begin not earlier than one year after the final regulations implementing this paragraph begin to apply to group health plans and health insurance issuers.''. (2) Definitions.--Paragraphs (4) and (5) of section 712(e) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185a(e)) are amended to read as follows: ``(4) Mental health benefits.--The term `mental health benefits' means benefits with respect to services related to a mental health condition, defined consistently with generally recognized independent standards of current medical practice, such as the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association. ``(5) Substance use disorder benefits.--The term `substance use disorder benefits' means benefits with respect to services related to a substance use disorder, defined consistently with generally recognized independent standards of current medical practice, such as the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.''. (3) Standards for parity in reimbursement rates.--Section 712(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185a(a)), as amended by paragraph (1), is further amended by adding at the end the following: ``(10) Standards for parity in reimbursement rates.-- ``(A) In general.--Not later than 2 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act, the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall issue regulations on a standard for parity in reimbursement rates for mental health or substance use disorder benefits and medical and surgical benefits, based on a comparative analysis conducted by such Secretaries using data submitted by group health plans and health insurance issuers, provider associations, and other experts related to the cost of care delivery for mental health and substance use disorder benefits. ``(B) Requests for data.--Group health plans and health insurance issuers shall comply with any request for data issued by the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury for purposes of developing the standards under subparagraph (A). ``(C) Effective date.--The regulations promulgated under subparagraph (A) shall apply to group health plans and health insurance issuers offering group health insurance coverage beginning in the first plan year that begins after issuance of the final regulations.''. (c) IRC.-- (1) Network adequacy requirements.--Section 9812(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(9) Network adequacy requirements.-- ``(A) In general.--The Secretary, the Secretary of Health and Human Services, and the Secretary of Labor shall issue regulations establishing national quantitative standards for mental health and substance use disorder network adequacy. Such standards shall consider-- ``(i) the ratio of in-network mental health providers, separated by professional type of mental health provider, to participants, beneficiaries, and enrollees in a group health plan; ``(ii) the ratio of in-network substance use disorder providers, separated by professional type of substance use disorder provider, to participants, beneficiaries, and enrollees in a group health plan; ``(iii) separately, for each of mental health services and substance use disorder services-- ``(I) geographic accessibility of providers; ``(II) geographic variation and population dispersion; ``(III) waiting times for appointments with participating providers; ``(IV) hours of operation for participating providers; ``(V) the ability of the network to meet the needs of participants, beneficiaries, and enrollees, including low-income individuals, individuals who are members of a racial or ethnic minority, individuals who live in a health professional shortage area, children and adults with serious, chronic, and complex health conditions, individuals with physical or mental disabilities or substance use disorders, pediatric populations, and individuals with limited English proficiency; ``(VI) the availability of in- person services, telehealth services, and hybrid services to serve the needs of participants, beneficiaries, and enrollees; and ``(VII) the percentage of in- network providers who have submitted a claim for payment during the previous 6 months; and ``(iv) other standards as determined by the Secretary, the Secretary of Health and Human Services, and the Secretary of Labor. ``(B) Timing.-- ``(i) Issuance.--The Secretary, the Secretary of Health and Human Services, and the Secretary of Labor shall-- ``(I) issue proposed regulations required under subparagraph (A) not later than 2 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act; and ``(II) issue final regulations under subparagraph (A) not later than 1 year thereafter. ``(ii) Effective date.--The regulations promulgated under this paragraph shall take effect in the first plan year that begins after the date on which such final regulations are issued. ``(C) Audits.--The Secretary, the Secretary of Health and Human Services, and the Secretary of Labor shall conduct annual, targeted audits of not fewer than 10 group health plans that the Secretaries determine to be the subject of the greatest number of complaints about mental health and substance use disorder network adequacy to ensure compliance with the requirements of this paragraph. Such audits shall begin not earlier than one year after the final regulations implementing this paragraph begin to apply to group health plans.''. (2) Definitions.--Paragraphs (4) and (5) of section 9812(e) of the Internal Revenue Code of 1986 are amended to read as follows: ``(4) Mental health benefits.--The term `mental health benefits' means benefits with respect to services related to a mental health condition, defined consistently with generally recognized independent standards of current medical practice, such as the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association. ``(5) Substance use disorder benefits.--The term `substance use disorder benefits' means benefits with respect to services related to a substance use disorder, defined consistently with generally recognized independent standards of current medical practice, such as the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.''. (3) Standards for parity in reimbursement rates.--Section 9812(a) of the Internal Revenue Code of 1986, as amended by paragraph (1), is further amended by adding at the end the following: ``(10) Standards for parity in reimbursement rates.-- ``(A) In general.--Not later than 2 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act, the Secretary, the Secretary of Health and Human Services, and the Secretary of Labor shall issue regulations on a standard for parity in reimbursement rates for mental health or substance use disorder benefits and medical and surgical benefits, based on a comparative analysis conducted by such Secretaries using data submitted by group health plans, provider associations, and other experts related to the cost of care delivery for mental health and substance use disorder benefits. ``(B) Requests for data.--Group health plans shall comply with any request for data issued by the Secretary, the Secretary of Health and Human Services, and the Secretary of Labor for purposes of developing the standards under subparagraph (A). ``(C) Effective date.--The regulations promulgated under subparagraph (A) shall apply to group health plans beginning in the first plan year that begins after issuance of the final regulations.''. SEC. 5. STATE AND TRIBAL OMBUDSMAN PROGRAMS RELATING TO MENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY. Part C of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-91 et seq.) is amended-- (1) by redesignating section 2794 (42 U.S.C. 300gg-95) (regarding uniform fraud and abuse referral format), as added by section 6603 of the Patient Protection and Affordable Care Act (Public Law 111-148), as section 2795; and (2) by adding at the end the following: ``SEC. 2796. STATE AND TRIBAL OMBUDSMAN PROGRAMS RELATING TO MENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY. ``(a) In General.--The Secretary shall make grants to eligible entities, designated by a State, Indian Tribe, or Tribal organization, as described in subsection (b), for the purpose of-- ``(1) establishing or supporting State and Tribal mental health and substance use disorder parity ombudsman programs to-- ``(A) educate consumers about the mental health and substance use disorder coverage in individual plans, group health plans, self-insured plans, and State Medicaid managed care plans; ``(B) assist consumers in understanding their rights as health benefits plan members, including appeal processes and how to use such benefits, and how to access appropriate medical information; ``(C) assist consumers in exercising their rights under the provisions of part D, including resolving problems related to a group health plan or health insurance issuer erroneously charging a consumer out- of-network rates for services listed in-network on the group health plan or health insurance issuer's provider directory; ``(D) identify, investigate, and help resolve complaints related to mental health and substance use disorder coverage (including potential violations of the mental health and substance use disorder parity laws) on behalf of consumers; ``(E) maintain a toll-free hotline and website for consumers; ``(F) collect, track, and quantify problems and inquiries encountered by consumers; and ``(G) other activities as defined by the Secretary; and ``(2) provide support and training for such State and Tribal mental health parity ombudsman programs (such as through the establishment of a mental health parity ombudsman program resource center). ``(b) Eligibility.--To be eligible to receive a grant under this section, a State, Indian Tribe, or Tribal organization shall designate an ombudsman or consumer assistance program or other independent entity that-- ``(1) has specialized knowledge of mental health conditions and substance use disorders and experience resolving inquiries and complaints; and ``(2) directly, or in coordination with departments of insurance, and consumer assistance organizations, receives and responds to inquiries and complaints concerning access to mental health and substance use disorder services. ``(c) Criteria.--A State, Indian Tribe, or Tribal organization that receives a grant under this section shall comply with criteria established by the Secretary for carrying out activities under such grant. ``(d) Data Collection.--As a condition of receiving a grant, an eligible entity shall agree to-- ``(1) collect and report data to the Secretary, State legislature, and relevant State agencies, including the departments of insurance and the State attorney general, on the numbers and types of problems and inquiries encountered by individuals with respect to access to behavioral health services; and ``(2) report to the Secretary on how identified problems were addressed, including through promising practices related to responding to mental health and substance use disorder coverage issues, including appeals and education. ``(e) Report to Congress.--Not later than 4 years after the date of the enactment of the Behavioral Health Network and Directory Improvement Act, the Secretary shall submit to Congress a report on the data collected under subsection. ``(f) Definitions.--In this section, the terms `Indian Tribe' and `Tribal organization' have the meanings given such terms in section 4 of the Indian Self-Determination and Education Assistance Act. ``(g) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $20,000,000 for fiscal year 2024 and $10,000,000 for fiscal year 2025 and each fiscal year thereafter.''. SEC. 6. REPORT TO CONGRESS. (a) In General.--Not later than 6 years after the date of enactment of this Act and every 2 years for the next 10 years, the Secretary of Health and Human Services, the Secretary of Labor, and the Secretary of the Treasury (collectively referred to in this section as the ``Secretaries'') shall jointly submit to Congress and make publicly available a report to assess the prevalence of ghost networks and the adequacy of mental health and substance use disorder networks, in accordance with section 2726(a)(9) of the Public Health Service Act, section 712(a)(9) of the Employee Retirement Income Security Act of 1974, and section 9812(a)(9) of the Internal Revenue Code of 1986, as amended by section 4. Such report shall include the following: (1) Aggregate information about group health plans and health insurance issuers determined by the Secretaries to be out of compliance with the provider directory requirements under section 2799A-5 of the Public Health Service Act, section 720 of the Employee Retirement Income Security Act of 1974, and section 9820 of the Internal Revenue Code of 1986, as amended by section 2. (2) Aggregate information about group health plans and health insurance issuers determined by the Secretaries to be out of compliance with the requirements for parity in mental health and substance use disorder benefits under section 2726 of the Public Health Service Act (42 U.S.C. 300gg-26), section 712 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185a), and section 9812 of the Internal Revenue Code of 1986, as amended by section 4. (3) A summary of findings through audits, in the aggregate, under section 2799A-5(a)(7)(C) of the Public Health Service Act, section 720(a)(7)(C) of the Employee Retirement Income Security Act of 1974, and section 9820(a)(7)(C) of the Internal Revenue Code of 1986, as amended by section 2, including-- (A) the provider directory accuracy rating assigned by the Secretaries; (B) the accuracy of provider directory information, sectioned out by accuracy of the provider's name, address, specialty, telephone number, digital contact information, whether the providers are accepting new patients, in-network status, linguistic- and cultural- competency, and availability of medications for opioid use disorder; (C) the number of plans and individuals enrolled in a group health plan or group or individual health insurance coverage that offers a mental health and substance use disorder network that meets the network adequacy standards under, as applicable, section 2799A- 5 of the Public Health Service Act, section 720 of the Employee Retirement Income Security Act of 1974, or section 9820 of the Internal Revenue Code of 1986, as amended by section 2; and (D) the number of individuals enrolled in a group health plan or group or individual health insurance coverage with a ghost network. (4) A comparative analysis of in-network and out-of-network reimbursement rates for mental health and substance use disorder services compared to medical and surgical services by group health plans and health insurance issuers. (b) Definition.--In this section, the term ``ghost network'' has the meaning given such term in section 2799A-5(a)(8) of the Public Health Service Act, section 720(a)(8) of the Employee Retirement Income Security Act of 1974, and section 9820(a)(8) of the Internal Revenue Code of 1986, as amended by section 2. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. To carry out this Act, including the amendments made by this Act, in addition to amounts otherwise made available for such purposes, there are authorized to be appropriated $28,000,000 for each of fiscal years 2023 through 2032. <all>

Behavioral Health Network and Directory Improvement Act

A bill to further protect patients and improve the accuracy of provider directory information by eliminating ghost networks.

Behavioral Health Network and Directory Improvement Act

Sen. Smith, Tina

D

MN

H.R.1266

Government Operations and Politics

Duty to Report Act This bill requires political committees, candidates for federal office, and other individuals to report to the Federal Election Commission (FEC) and the Federal Bureau of Investigation (FBI) any offers of prohibited contributions, including offers of nonpublic information regarding other candidates, by foreign nationals. Specifically, political committees and candidates must report to the FEC within 24 hours any (1) offers of prohibited contributions from foreign nationals, and (2) meetings with foreign governments or their agents. In addition, the bill requires political committees, candidates, immediate family members of candidates, and individuals affiliated with a campaign (e.g., employees and independent contractors) to report to the FBI within 24 hours any offers of prohibited contributions from foreign nationals. Further, the bill establishes a new criminal offense for knowingly and willfully failing to comply with this reporting requirement. A violator is subject to criminal penalties—a fine, a prison term of up to two years, or both. Such reported information may not be used to enforce certain immigration provisions related to the removal of undocumented aliens.

To amend the Federal Election Campaign Act of 1971 to require reporting to the Federal Election Commission and the Federal Bureau of Investigation of offers by foreign nationals to make prohibited contributions, donations, expenditures, or disbursements, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Duty to Report Act''. (b) Findings.--Congress makes the following findings: (1) Political contributions and express-advocacy expenditures are an integral aspect of the process by which Americans elect officials to Federal, State, and local government offices. (2) It is fundamental to the definition of a national political community that foreign citizens do not have a constitutional right to participate in, and thus may be excluded from, activities of democratic self-governance. (3) The United States has a compelling interest in limiting the participation of foreign citizens in activities of democratic self-government, and in thereby preventing foreign influence over the United States political process. (4) Foreign donations and expenditures have a corrupting influence on the campaign process and limiting the activities of foreign citizens in our elections is necessary to preserve the basic conception of a political community and democratic self-governance. SEC. 2. REPORTING TO THE FEC. (a) Reporting Offers of Prohibited Contributions, Donations, Expenditures, or Disbursements by Foreign Nationals.--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 Offers of Prohibited Contributions, Donations, Expenditures, or Disbursements by Foreign Nationals.--If a political committee, an agent of the committee, or in the case of an authorized committee of a candidate for Federal office, a candidate, receives an offer (orally, in writing, or otherwise) of a prohibited contribution, donation, expenditure, or disbursement (as defined in section 3(c) of the Duty to Report Act), the committee shall, within 24 hours of receiving the offer, report to the Commission-- ``(1) to the extent known, the name, address, and nationality of the foreign national (as defined in section 319(b)) making the offer; and ``(2) the amount and type of contribution, donation, expenditure, or disbursement offered.''. (b) Reporting Meetings With Foreign Governments or Their Agents.-- Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104), as amended by subsection (a), is amended by adding at the end the following new subsection: ``(k) Disclosure of Meetings With Foreign Governments or Their Agents.-- ``(1) In general.--Except as provided in paragraph (2), if a political committee, an agent of the committee, or in the case of an authorized committee of a candidate for Federal office, a candidate, meets with a foreign government or an agent of a foreign principal, as defined in section 1 of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611), the committee shall, within 24 hours of meeting, report to the Commission-- ``(A) to the extent known, the identity of each individual at the meeting and the foreign government involved; and ``(B) the purpose of the meeting. ``(2) Exception for meetings in official capacity.-- Paragraph (1) shall not apply with respect to a meeting with a foreign government or an agent of a foreign principal by an elected official or as an employee of an elected official in their official capacity as such an official or employee.''. (c) Promulgation of Regulations.--Not later than one year after the date of enactment of this Act, the Federal Election Commission shall promulgate regulations providing additional indicators beyond the pertinent facts described in section 110.20(a)(5) of title 11, Code of Federal Regulations (as in effect on the date of enactment of this Act) that may lead a reasonable person to conclude that there is a substantial probability that the source of the funds solicited, accepted, or received is a foreign national, as defined in section 319(b) of the Federal Election Act of 1971 (52 U.S.C. 30121(b)), or to inquire whether the source of the funds solicited, accepted, or received is a foreign national, as so defined. Regulations promulgated under the proceeding sentence shall also provide guidance to political committees and campaigns to not engage in racial or ethnic profiling in making such a conclusion or inquiry. SEC. 3. REPORTING OFFERS OF PROHIBITED CONTRIBUTIONS, DONATIONS, EXPENDITURES, OR DISBURSEMENTS BY FOREIGN NATIONALS TO THE FBI. (a) In General.--If a political committee or an applicable individual (as defined in subsection (c)) receives an offer (orally, in writing, or otherwise) of a prohibited contribution, donation, expenditure, or disbursement, the committee or applicable individual shall, within 24 hours of receiving the offer, report to the Federal Bureau of Investigation-- (1) to the extent known, the name, address, and nationality of the foreign national making the offer; and (2) the amount and type of contribution, donation, expenditure, or disbursement offered. (b) Offense.-- (1) In general.--It shall be unlawful to knowingly and willfully fail to comply with subsection (a). (2) Penalty.--Any person who violates paragraph (1) shall be fined under title 18, United States Code, imprisoned not more than 2 years, or both. (c) Definitions.--In this section: (1) Applicable individual.-- (A) In general.--The term ``applicable individual'' means-- (i) an agent of a political committee; (ii) a candidate; (iii) an individual who is an immediate family member of a candidate; or (iv) any individual affiliated with a campaign of a candidate. (B) Immediate family member; individual affiliated with a campaign.--For purposes of subparagraph (A)-- (i) the term ``immediate family member'' means, with respect to a candidate, a parent, parent-in-law, spouse, adult child, or sibling; and (ii) the term ``individual affiliated with a campaign'' means, with respect to a candidate, an employee of any organization legally authorized under Federal, State, or local law to support the candidate's campaign for nomination for, or election to, any Federal, State, or local public office, as well as any independent contractor of such an organization and any individual who performs services for the organization on an unpaid basis (including an intern or volunteer). (2) Foreign national.--The term ``foreign national'' has the meaning given that term in section 319(b) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(b)). (3) Knowingly.--The term ``knowingly'' has the meaning given that term in section 110.20(a)(4) of title 11, Code of Federal Regulations (or any successor regulations). (4) Prohibited contribution, donation, expenditure, or disbursement.-- (A) In general.--The term ``prohibited contribution, donation, expenditure, or disbursement'' means a contribution, donation, expenditure, or disbursement prohibited under section 319(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)). (B) Clarification.--Such term includes, with respect to a candidate or election, any information-- (i) regarding any of the other candidates for election for that office; (ii) that is not in the public domain; and (iii) which could be used to the advantage of the campaign of the candidate. (5) Other terms.--Any term used in this section which is defined in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101) and which is not otherwise defined in this section shall have the meaning given such term under such section 301. SEC. 4. CLARIFICATION REGARDING USE OF INFORMATION REPORTED. Information reported under subsection (j) or (k) of section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104), as added by section 2, or under section 3(a), may not be used to enforce the provisions under chapter 4 of title II of the Immigration and Nationality Act (8 U.S.C. 1221 et seq.) relating to the removal of undocumented aliens. <all>

Duty to Report Act

To amend the Federal Election Campaign Act of 1971 to require reporting to the Federal Election Commission and the Federal Bureau of Investigation of offers by foreign nationals to make prohibited contributions, donations, expenditures, or disbursements, and for other purposes.

Duty to Report Act

Rep. Swalwell, Eric

D

CA

H.R.7789

Emergency Management

Planning for Animal Wellness Act or the PAW Act This bill directs the Federal Emergency Management Agency (FEMA) to establish a working group relating to best practices and federal guidance for animals in emergencies and disasters. Specifically, the working group shall (1) encourage and foster collaborative efforts among individuals and entities working to address the needs of household pets, service and assistance animals, and captive animals in emergency and disaster preparedness, response, and recovery; and (2) review best practices and federal guidance on sheltering and evacuation planning relating to the needs of such pets and animals.

To require the Administrator of the Federal Emergency Management Agency to establish a working group relating to best practices and Federal guidance for animals in emergencies and disasters, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Planning for Animal Wellness Act'' or the ``PAW Act''. SEC. 2. WORKING GROUP GUIDELINES. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Emergency Management Agency. (2) Working group.--The term ``working group'' means the advisory working group established under subsection (b). (b) Working Group.--Not later than 180 days after the date of enactment of this Act, the Administrator shall establish an advisory working group. (c) Membership.--The working group shall consist of-- (1) not less than 2 representatives of State governments with experience in animal emergency management; (2) not less than 2 representatives of local governments with experience in animal emergency management; (3) not less than 2 representatives from academia; (4) not less than 2 veterinary experts; (5) not less than 2 representatives from nonprofit organizations working to address the needs of households pets and service animals in emergencies or disasters; (6) representatives from the Federal Animal Emergency Management Working Group; and (7) any other members determined necessary by the Administrator. (d) Duties.--The working group shall-- (1) encourage and foster collaborative efforts among individuals and entities working to address the needs of household pets, service and assistance animals, and captive animals, as appropriate, in emergency and disaster preparedness, response, and recovery; and (2) review best practices and Federal guidance, as of the date of enactment of this Act, on congregate and noncongregate sheltering and evacuation planning relating to the needs of household pets, service and assistance animals, and captive animals, as appropriate, in emergency and disaster preparedness, response, and recovery. (e) Guidance Determination.--Not later than 1 year after the date of enactment of this Act, the working group shall determine whether the best practices and Federal guidance described in subsection (d)(2) are sufficient. (f) New Guidance.--Not later than 540 days after the date of enactment of this Act, if the Administrator, in consultation with the working group, determines that the best practices and Federal guidance described in paragraph subsection (d)(2) are insufficient, the Administrator, in consultation with the working group, shall publish updated Federal guidance. Union Calendar No. 442 117th CONGRESS 2d Session H. R. 7789 [Report No. 117-611] _______________________________________________________________________

PAW Act

To require the Administrator of the Federal Emergency Management Agency to establish a working group relating to best practices and Federal guidance for animals in emergencies and disasters, and for other purposes.

PAW Act Planning for Animal Wellness Act PAW Act Planning for Animal Wellness Act

Rep. Titus, Dina

D

NV

H.R.927

Taxation

Child and Dependent Care Tax Credit Enhancement Act of 2021 This bill modifies the tax credit for employment-related expenses incurred for the care of a taxpayer's dependent to (1) increase to $400,000, the adjusted gross income threshold level above which the credit is incrementally reduced; (2) increase the dollar limits on the allowable amount of the credit; (3) specify rules for married couples filing separate returns; (4) allow an inflation adjustment to the adjusted gross income threshold and the maximum credit amounts, beginning after 2022; and (5) make the credit refundable.

To amend the Internal Revenue Code of 1986 to enhance the Child and Dependent Care Tax Credit and make the credit fully refundable. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Child and Dependent Care Tax Credit Enhancement Act of 2021''. SEC. 2. ENHANCEMENT OF CHILD AND DEPENDENT CARE TAX CREDIT. (a) In General.--Paragraph (2) of section 21(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Applicable percentage.-- ``(A) In general.--For purposes of paragraph (1), the term `applicable percentage' means 50 percent reduced (but not below the phaseout percentage) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year exceeds $125,000. ``(B) Phaseout percentage.--For purposes of subparagraph (A), the term `phaseout percentage' means 20 percent reduced (but not below zero) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year exceeds $400,000.''. (b) Increase in Dollar Limit on Amount Creditable.--Subsection (c) of section 21 of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1), by striking ``$3,000'' and inserting ``$8,000''; and (2) in paragraph (2), by striking ``$6,000'' and inserting ``$16,000''. (c) Special Rule for Married Couples Filing Separate Returns.-- Paragraph (2) of section 21(e) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Married couples filing separate returns.-- ``(A) In general.--In the case of married individuals who do not file a joint return for the taxable year-- ``(i) the applicable percentage under subsection (a)(2) and the number of qualifying individuals and aggregate amount excludable under section 129 for purposes of subsection (c) shall be determined with respect to each such individual as if the individual had filed a joint return with the individual's spouse, and ``(ii) the aggregate amount of the credits allowed under this section for such taxable year with respect to both spouses shall not exceed the amount which would have been allowed under this section if the individuals had filed a joint return. ``(B) Regulations.--The Secretary shall prescribe such regulations or other guidance as is necessary to carry out the purposes of this subsection.''. (d) Adjustment for Inflation.--Section 21 of the Internal Revenue Code of 1986 is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: ``(f) Inflation Adjustment.-- ``(1) In general.--In the case of a calendar year beginning after 2022, the $125,000 amount in paragraph (2) of subsection (a) and the dollar amounts in subsection (c) shall each be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2021' for `calendar year 2016' in subparagraph (A)(ii) thereof. ``(2) Rounding.--If any dollar amount, after being increased under paragraph (1), is not a multiple of $100, such dollar amount shall be rounded to the next lowest multiple of $100.''. (e) Credit To Be Refundable.-- (1) In general.--The Internal Revenue Code of 1986 is amended-- (A) by redesignating section 21 as section 36C; and (B) by moving section 36C, as so redesignated, from subpart A of part IV of subchapter A of chapter 1 to the location immediately before section 37 in subpart C of part IV of subchapter A of chapter 1. (2) Technical amendments.-- (A) Paragraph (1) of section 23(f) of the Internal Revenue Code of 1986 is amended by striking ``21(e)'' and inserting ``36C(e)''. (B) Paragraph (6) of section 35(g) of such Code is amended by striking ``21(e)'' and inserting ``36C(e)''. (C) Paragraph (1) of section 36C(a) of such Code (as redesignated by paragraph (1)) is amended by striking ``this chapter'' and inserting ``this subtitle''. (D) Subparagraph (C) of section 129(a)(2) of such Code is amended by striking ``section 21(e)'' and inserting ``section 36C(e)''. (E) Paragraph (2) of section 129(b) of such Code is amended by striking ``section 21(d)(2)'' and inserting ``section 36C(d)(2)''. (F) Paragraph (1) of section 129(e) of such Code is amended by striking ``section 21(b)(2)'' and inserting ``section 36C(b)(2)''. (G) Subsection (e) of section 213 of such Code is amended by striking ``section 21'' and inserting ``section 36C''. (H) Subparagraph (H) of section 6213(g)(2) of such Code is amended by striking ``section 21'' and inserting ``section 36C''. (I) Subparagraph (L) of section 6213(g)(2) of such Code is amended by striking ``section 21, 24, or 32,'' and inserting ``section 24, 32, or 36C,''. (J) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36C,'' after ``36B,''. (K) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following: ``Sec. 36C. Expenses for household and dependent care services necessary for gainful employment.''. (L) The table of sections for subpart A of such part IV is amended by striking the item relating to section 21. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. <all>

Child and Dependent Care Tax Credit Enhancement Act of 2021

To amend the Internal Revenue Code of 1986 to enhance the Child and Dependent Care Tax Credit and make the credit fully refundable.

Child and Dependent Care Tax Credit Enhancement Act of 2021

Rep. Davis, Danny K.

D

IL

S.1529

Transportation and Public Works

Safety, Accountability, and Federal Enforcement of Limos Act of 2021 or the SAFE Limos Act This bill sets out requirements to improve the safety of limousines. Within two years of the bill's enactment, the Department of Transportation (DOT) must apply to newly manufactured limousines specified motor vehicle safety standards related to the installation of seat belts and other occupant crash protections. In addition, DOT must report on the feasibility, benefits, and costs of retrofitting limousines to meet those standards. DOT must also develop additional motor vehicle safety standards to improve limousine safety. This includes standards related to (1) side impact protection, roof crush resistance, and other aspects of crashworthiness; (2) evacuation in the event the exit in the passenger compartment is blocked; and (3) the use of event data recorders. Additionally, the bill requires that individuals who remodel new limousines submit to DOT and annually update a plan for mitigating limousine safety risks. The plan must include, among other topics, verification that the remodeled limousines meet applicable safety standards. Further, individuals who modify used vehicles into limousines must certify that the modified vehicles meet such standards. The bill also requires limousine operators to disclose the date of, results of, and any corrective action needed to pass the most recent vehicle inspection. The Federal Trade Commissions shall enforce the disclosure requirements.

To establish safety standards for certain limousines, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safety, Accountability, and Federal Enforcement of Limos Act of 2021'' or the ``SAFE Limos Act''. SEC. 2. LIMOUSINE COMPLIANCE WITH FEDERAL SAFETY STANDARDS. (a) Limousine Standards.-- (1) Safety belt and seating system standards for limousines.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall prescribe a final rule-- (A) that amends Federal Motor Vehicle Safety Standard Numbers 208, 209, and 210 to require to be installed in limousines at each designated seating position, including on side-facing seats-- (i) an occupant restraint system consisting of integrated lap shoulder belts; or (ii) an occupant restraint system consisting of a lap belt if the occupant restraint system described in clause (i) does not meet the need for motor vehicle safety; and (B) that amends Federal Motor Vehicle Safety Standard Number 207 to require limousines to meet standards for seats (including side-facing seats), seat attachment assemblies, and seat installation to minimize the possibility of their failure by forces acting on them as a result of vehicle impact. (2) Report on retrofit assessment for limousines.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that assesses the feasibility, benefits, and costs with respect to the application of any requirement established under paragraph (1) to a limousine introduced into interstate commerce before the date on which the requirement takes effect. (b) Safety Regulation of Limousines.-- (1) In general.--Section 30102(a)(6) of title 49, United States Code, is amended-- (A) in subparagraph (A), by striking ``or'' at the end; (B) in subparagraph (B), by striking the period and inserting ``; or''; and (C) by adding at the end the following: ``(C) modifying a passenger motor vehicle (as such term is defined in section 32101) that has already been purchased by the first purchaser (as such term is defined in subsection (b)) by increasing the wheelbase of the vehicle so that the vehicle has increased seating capacity.''. (2) Effective date.--The amendments made by paragraph (1) shall apply beginning on the date that is 1 year after the date of the enactment of this Act. (c) Limousine Compliance With Federal Safety Standards.-- (1) In general.--Chapter 301 of title 49, United States Code, is amended by inserting after section 30128 the following: ``Sec. 30129. Limousine compliance with Federal safety standards ``(a) Requirement.--Beginning on the date that is 1 year after the date of the enactment of this section, a limousine remodeler may not offer for sale, lease, or rent, introduce or deliver for introduction into interstate commerce, or import into the United States a new limousine unless the limousine remodeler has submitted to the Secretary a vehicle remodeler plan (or an updated vehicle remodeler plan required by subsection (b), as applicable) that describes how the remodeler is mitigating risks to motor vehicle safety posed by the limousines of the remodeler. A vehicle remodeler plan shall include the following: ``(1) Verification and validation of compliance with applicable motor vehicle safety standards. ``(2) Design, quality control, manufacturing, and training practices adopted by the limousine remodeler. ``(3) Customer support guidelines, including instructions for limousine occupants to wear seatbelts and limousine operators to notify occupants of the date and results of the most recent inspection of the limousine. ``(b) Updates.--Each limousine remodeler shall submit an updated vehicle remodeler plan to the Secretary each year. ``(c) Publicly Available.--The Secretary shall make any vehicle remodeler plan submitted under subsection (a) or (b) publicly available not later than 60 days after the date on which the plan is received, except the Secretary may not make publicly available any information relating to a trade secret or other confidential business information (as such terms are defined in section 512.3 of title 49, Code of Federal Regulations (or any successor regulation)). ``(d) Review.--The Secretary may inspect any vehicle remodeler plan submitted by a limousine remodeler under subsection (a) or (b) to enable the Secretary to determine whether the limousine remodeler has complied, or is complying, with this chapter or a regulation prescribed or order issued pursuant to this chapter. ``(e) Rule of Construction.--Nothing in this section may be construed to affect discovery, a subpoena or other court order, or any other judicial process otherwise allowed under applicable Federal or State law. ``(f) Definitions.--In this section, the following definitions apply: ``(1) Certified passenger motor vehicle.--The term `certified passenger motor vehicle' means a passenger motor vehicle that has been certified in accordance with section 30115 to meet all applicable motor vehicle safety standards. ``(2) Incomplete vehicle.--The term `incomplete vehicle' has the meaning given such term in section 567.3 of title 49, Code of Federal Regulations (or any successor regulation). ``(3) Limousine.--The term `limousine' means a motor vehicle-- ``(A) that has a seating capacity of 9 or more persons (including the driver); ``(B) with a gross vehicle weight rating greater than 10,000 pounds but not greater than 26,000 pounds; and ``(C) that the Secretary has determined by regulation has physical characteristics resembling-- ``(i) a passenger car; ``(ii) a multipurpose passenger vehicle; or ``(iii) a truck with a gross vehicle weight rating of 10,000 pounds or less. ``(4) Limousine operator.--The term `limousine operator' means a person who owns or leases, and uses, a limousine to transport passengers for compensation. ``(5) Limousine remodeler.--The term `limousine remodeler' means a person who alters or modifies by addition, substitution, or removal of components (other than readily attachable components) an incomplete vehicle, a vehicle manufactured in two or more stages, or a certified passenger motor vehicle before or after the first purchase of the vehicle to manufacture a limousine. ``(6) Multipurpose passenger vehicle.--The term `multipurpose passenger vehicle' has the meaning given such term in section 571.3 of title 49, Code of Federal Regulations (or any successor regulation). ``(7) Passenger car.--The term `passenger car' has the meaning given such term in section 571.3 of title 49, Code of Federal Regulations (or any successor regulation). ``(8) Passenger motor vehicle.--The term `passenger motor vehicle' has the meaning given such term in section 32101. ``(9) Truck.--The term `truck' has the meaning given such term in section 571.3 of title 49, Code of Federal Regulations (or any successor regulation).''. (2) Enforcement.--Section 30165(a)(1) of title 49, United States Code, is amended by inserting ``30129,'' after ``30127,''. (3) Clerical amendment.--The table of sections for subchapter II of chapter 301 of title 49, United States Code, is amended by inserting after the item relating to section 30128 the following: ``30129. Limousine compliance with Federal safety standards.''. (d) Limousine Crashworthiness.-- (1) Research.--Not later than 4 years after the date of the enactment of this Act, the Secretary shall complete research into the development of motor vehicle safety standards for side impact protection, roof crush resistance, and air bag systems for the protection of occupants for limousines with alternative seating positions, including perimeter seating arrangements. (2) Rulemaking or report.-- (A) Crashworthiness standards.-- (i) In general.--Not later than 2 years after the completion of the research required under paragraph (1), except as provided in clause (ii), the Secretary shall prescribe a final motor vehicle safety standard, for the protection of occupants in limousines with alternative seating positions, for each of the following: (I) Side impact protection. (II) Roof crush resistance. (III) Air bag systems. (ii) Requirements and considerations.--The Secretary may only prescribe a motor vehicle safety standard described in clause (i) if the Secretary determines that such standard meets the requirements and considerations set forth in subsections (a) and (b) of section 30111 of title 49, United States Code. (B) Report.--If the Secretary determines that a standard described in subparagraph (A)(i) does not meet the requirements and considerations set forth in subsections (a) and (b) of section 30111 of title 49, United States Code, the Secretary shall publish in the Federal Register and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the reasons for not prescribing such standard. (e) Limousine Evacuation.-- (1) Research.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall complete research into safety features and standards that aid evacuation in the event that one exit in the passenger compartment of a limousine is blocked. (2) Standards.--Not later than 3 years after the date of the enactment of this Act, the Secretary shall prescribe a final motor vehicle safety standard based on the results of the research under paragraph (1). (f) Limousine Inspection Disclosure.-- (1) In general.--A limousine operator may not introduce a limousine into interstate commerce unless the limousine operator has prominently disclosed in a clear and conspicuous notice, including on the website of the operator if the operator has a website, the following: (A) The date of the most recent inspection of the limousine required under State or Federal law. (B) The results of the inspection. (C) Any corrective action taken by the limousine operator to ensure the limousine passed inspection. (2) Federal trade commission enforcement.--The Federal Trade Commission shall enforce this subsection in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this subsection. Any person who violates this subsection shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (3) Savings provision.--Nothing in this subsection shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. (4) Effective date.--This subsection shall take effect 180 days after the date of the enactment of this Act. (g) Event Data Recorders for Limousines.-- (1) In general.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall prescribe a final motor vehicle safety standard requiring the use of event data recorders for limousines. (2) Privacy protections.--Any standard prescribed under paragraph (1) pertaining to event data recorder information shall be consistent with the collection and sharing requirements under the FAST Act (Public Law 114-94) and any other applicable law. (h) Definitions.--In this section, the following definitions apply: (1) Event data recorder.--The term ``event data recorder'' has the meaning given such term in section 563.5 of title 49, Code of Federal Regulations (or any successor regulation). (2) Limousine.--The term ``limousine'' has the meaning given such term in section 30129 of title 49, United States Code, as added by this section. (3) Limousine operator.--The term ``limousine operator'' has the meaning given such term in section 30129 of title 49, United States Code, as added by this section. (4) Limousine remodeler.--The term ``limousine remodeler'' has the meaning given such term in section 30129 of title 49, United States Code, as added by this section. (5) Motor vehicle.--The term ``motor vehicle'' has the meaning given such term in section 30102(a) of title 49, United States Code. (6) Motor vehicle safety standard.--The term ``motor vehicle safety standard'' has the meaning given such term in section 30102(a) of title 49, United States Code. (7) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (8) State.--The term ``State'' has the meaning given such term in section 30102(a) of title 49, United States Code. <all>

SAFE Limos Act

A bill to establish safety standards for certain limousines, and for other purposes.

SAFE Limos Act Safety, Accountability, and Federal Enforcement of Limos Act of 2021

Sen. Schumer, Charles E.

D

NY

H.R.1179

International Affairs

Iran Hostages Congressional Gold Medal Act This bill requires the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award of a Congressional Gold Medal commemorating the bravery and endurance of the 53 hostages of the Iran Hostage Crisis. Following its award, the medal shall be given to the National Museum of American History of the Smithsonian Institution for display and research.

To award a Congressional Gold Medal to the former hostages of the Iran Hostage Crisis of 1979-1981, highlighting their resilience throughout the unprecedented ordeal which they lived through and the national unity it produced, marking four decades since their 444 days in captivity, and recognizing their sacrifice to our country. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Hostages Congressional Gold Medal Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) On January 20, 1981, United States diplomats, military personnel, and civilians were released after being held hostage for 444 days by militant student supporters of Iran's Ayatollah Ruhollah Khomeini in a violation of international law. They were taken from the United States Embassy in Tehran, Iran, this came to be known as the Iran Hostage Crisis. (2) The hostages were subjected to intense physical and psychological torture throughout their captivity, such as mock execution, beatings, solitary confinement, and inhospitable living conditions. (3) Throughout their time held, they were routinely told to denounce the United States, when they refused, they were tortured, yet they remained strong in their spirit. (4) One hostage wrote ``Viva la roja, blanco, y azul'' which translates to ``Long live the red, white, and blue'' on the wall of his cell as a reminder of the values he swore to protect. (5) The hostages showed extraordinary courage by continually engaging in acts of resistance against their captors in the face of gross violations of their human rights, such as refusing to sign condemnations of the United States. (6) Many of the hostages still experience trauma as a result of the events of the crisis and deserve to have their suffering recognized. (7) While 35 of the hostages are still living, it is important that we reflect on their resilience and strength which serve as an example to current generations. Let us acknowledge them as heroes, who stood in positions of great tribulation but who, for us, endured so that we may know the blessing of being an American. Let us be more like them. (8) On January 22, 1981, President Jimmy Carter met with the hostages in West Germany and stated, ``One of the acts in my life which has been the most moving and gratifying in meeting with and discussing the future and the past with the now liberated Americans who were held hostage in Iran for so long. I pointed out to them that, since their capture by the Iranian terrorists and their being held in this despicable act of savagery, that the American people's hearts have gone out to them and the nation has been united as perhaps never before in history and that the prayers that have gone up from the people throughout the world to God for their safety have finally been answered.''. (9) On January 28, 1981, when welcoming the hostages home, President Ronald Reagan stated, ``You`ve come home to a people who for 444 days suffered the pain of your imprisonment, prayed for your safety, and most importantly, shared your determination that the spirit of free men and women is not a fit subject for barter. You've represented under great stress the highest traditions of public service. Your conduct is symbolic of the millions of professional diplomats, military personnel, and others who have rendered service to their country.''. (10) During the 444 days the brave Americans were held, the rest of the country held its breath, waiting for news of the hostages. The country hoped and prayed together, as one, for the hostages' safe return. (11) United States Ambassador to Iran from 1979 to 1980 Bruce Laingen, the highest ranking diplomat held hostage, summed up the experience by saying ``Fifty-three Americans who will always have a love affair with this country and who join with you in a prayer of thanksgiving for the way in which this crisis has strengthened the spirit and resilience and strength that is the mark of a truly free society.''. It is now our responsibility to honor the spirit, resilience, and strength that the hostages displayed during their 444 days of imprisonment. (12) Now, more than four decades later, we continue to honor the hostages. The recipients of this award are heroes in every sense of the word. They are role models that wore their American pride with esteem and have allowed for subsequent generations to appreciate the blessing of being an American. Today, as we prepare to mark 40 years after their release, we acknowledge their endurance, strength, and contributions to seeing a more peaceful world. They suffered for America and now it is our duty to recognize them for it. SEC. 3. DEFINITION. In this Act, the term ``hostage'' means an American that was taken captive on November 4, 1979, in Tehran, Iran, at the United States embassy and released on-- (1) July 11, 1980; or (2) January 20, 1981. SEC. 4. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of Congress, of a single gold medal of appropriate design to the 53 hostages of the Iran Hostage Crisis, in recognition of their bravery and endurance throughout their captivity which started on November 4, 1979, and lasted until January 21, 1981. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (referred to in this Act 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 National Museum of American History of the Smithsonian Institution, where it shall be available for display as appropriate and made available for research. (2) Sense of congress.--It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for loan, as appropriate, so that the medal may be displayed elsewhere. SEC. 5. DUPLICATE MEDALS. (a) Silver Duplicate Medals.-- (1) In general.--The Secretary shall strike duplicates in silver of the gold medal struck pursuant to section 4 to be awarded in accordance with paragraph. (2) Eligibility for award.-- (A) In general.--A hostage shall be eligible to be awarded a silver duplicate medal struck under paragraph (1) in recognition of the endurance of the Iran Hostages. (B) Death of a hostage.--In the event of the death of a hostage who has not been awarded a silver duplicate medal under this subsection, the Secretary may award a silver duplicate medal to the next of kin or other personal representative of the hostage. (b) Bronze Duplicate Medals.--The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 4 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold and silver medals. SEC. 6. 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. 7. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. <all>

Iran Hostages Congressional Gold Medal Act

To award a Congressional Gold Medal to the former hostages of the Iran Hostage Crisis of 1979-1981, highlighting their resilience throughout the unprecedented ordeal which they lived through and the national unity it produced, marking four decades since their 444 days in captivity, and recognizing their sacrifice to our country.

Iran Hostages Congressional Gold Medal Act

Rep. Suozzi, Thomas R.

D

NY

H.R.6788

Armed Forces and National Security

761st Tank Battalion Congressional Gold Medal Act This bill provides for the award of a Congressional Gold Medal to the 761st Tank Battalion in recognition of their role in the success of Allied forces in Europe during World War II and for the example they set as the first Black soldiers to go to war as part of an American armored unit. Following the award of the gold medal, the gold medal shall be given to the National Museum of African American History and Culture where it shall be available for display and research.

To award a Congressional Gold Medal to the 761st Tank Battalion, collectively, in recognition of their crucial role in the success of Allied forces in Europe and for the example they set as the first Black soldiers to go to war as part of an American armored unit. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``761st Tank Battalion Congressional Gold Medal Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The 761st Tank Battalion, known as the ``Black Panthers'', was activated on April 1, 1942, and served as the first predominantly Black American armored battalion in the European Theater of World War II until its deactivation on June 1, 1946, in Germany. (2) Lieutenant Jackie Robinson, the first Black Major League baseball player, was among the few Black officers in the 761st, but he was court martialed before seeing combat for an act of civil disobedience in refusing to move to the back of a bus. (3) Despite resistance from many top-level American politicians and military officers, the 761st served valiantly under Lieutenant General George S. Patton. (4) In his welcoming speech, Patton said, ``I would never have asked for you if you weren't good. I have nothing but the best in my Army. I don't care what color you are as long as you go up there and kill those. . .''. (5) After entering combat in late fall 1944, the 761st lived up to their motto, ``Come Out Fighting'', enduring 183 days of combat without being pulled from the line. (6) The 761st played a crucial role in numerous battles including the Battle of the Bulge and helped break out the encircled American paratroopers in the town of Bastogne. (7) During their time in combat, the 761st inflicted 130,000 casualties on the Germans while enduring a casualty rate of almost 50 percent with the loss of 71 tanks. (8) As the spearhead for several of Patton's moves toward Germany, they were the first American unit to break through the Siegfried Line and they were one of the first American units to link up with the Russian Army at the Enns River at Steyr, Austria. (9) Sadly, like other Black soldiers in World War II, members of the 761st did not receive the recognition that was due them upon returning home, and instead faced prejudice at home after the war. (10) The accomplishments of the 761st were largely unrecognized until 1978 when, over three decades after the war, the battalion finally received a Presidential Unit Citation. (11) The citation acknowledges ``the extraordinary gallantry, courage, professionalism, and high esprit de corps displayed in the accomplishment of unusually difficult and hazardous operations in the European Theater of Operations''. (12) In addition to that citation, individual members of the 761st had earned the following: 1 Medal of Honor, 11 Silver Stars, and approximately 300 Purple Hearts. (13) The United States is eternally grateful to the soldiers of the 761st Tank Battalion for their crucial role in the success of Allied forces in Europe and for helping ensure freedom around the globe. 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 761st Tank Battalion, collectively, in recognition of their crucial role in the success of Allied forces in Europe and for the example they set as the first Black soldiers to go to war as part of an American armored unit. (b) Design and Striking.--For the purposes of the presentation 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) National Museum of African American History and Culture.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the National Museum of African American History and Culture, 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 National Museum of African American History and Culture should make the gold medal received under paragraph (1) available for display elsewhere, particularly at appropriate locations associated with the 761st Tank Battalion. 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. <all>

761st Tank Battalion Congressional Gold Medal Act

To award a Congressional Gold Medal to the 761st Tank Battalion, collectively, in recognition of their crucial role in the success of Allied forces in Europe and for the example they set as the first Black soldiers to go to war as part of an American armored unit.

761st Tank Battalion Congressional Gold Medal Act

Rep. Palmer, Gary J.

R

AL

S.2676

Health

Physical Therapist Workforce and Patient Access Act of 2021 This bill makes physical therapists eligible for the National Health Service Corps Loan Repayment Program. This program assists primary care, mental health, and dental providers in repaying eligible student loans in exchange for working in areas with shortages of such providers.

To amend the Public Health Service Act to provide for the participation of physical therapists in the National Health Service Corps Loan Repayment 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; FINDINGS. (a) Short Title.--This Act may be cited as the ``Physical Therapist Workforce and Patient Access Act of 2021''. (b) Findings.--Congress finds as follows: (1) Physical therapists play an important role in the prevention, treatment, or management of pain for individuals, including those with substance use disorders, or at risk of developing a substance use disorder. (2) Physical therapists are also playing an important role in the physical rehabilitation needs of individuals who have developed chronic health conditions as a result of COVID-19. SEC. 2. NATIONAL HEALTH SERVICE CORPS; PARTICIPATION OF PHYSICAL THERAPISTS IN LOAN REPAYMENT PROGRAM. (a) Mission of Corps; Definition of Primary Health Services.-- Section 331(a)(3)(D) of the Public Health Service Act (42 U.S.C. 254d(a)(3)(D)) is amended by striking ``or mental health,'' and inserting ``mental health, or physical therapy,''. (b) Loan Repayment Program.--Section 338B of the Public Health Service Act (42 U.S.C. 254l-1) is amended-- (1) in subsection (a)(1), by inserting ``physical therapists,'' after ``dentists,''; (2) in subsection (b)(1)-- (A) in subparagraph (A)-- (i) by striking ``, or be certified'' and inserting ``; be certified''; and (ii) by inserting before the semicolon the following: ``; or have a doctoral or master's degree in physical therapy''; (B) in subparagraph (B), by inserting ``physical therapy,'' after ``mental health,''; and (C) in subparagraph (C)(ii), by inserting ``physical therapy,'' after ``dentistry,''; and (3) by adding at the end the following: ``(i) Eligibility To Participate in Other Programs.--Nothing in this section shall be construed to prohibit any health care professional who is eligible to participate in the program under this section from participating in any other loan repayment program established by the Secretary for which such professional is eligible.''. <all>

Physical Therapist Workforce and Patient Access Act of 2021

A bill to amend the Public Health Service Act to provide for the participation of physical therapists in the National Health Service Corps Loan Repayment Program, and for other purposes.

Physical Therapist Workforce and Patient Access Act of 2021

Sen. Tester, Jon

D

MT

S.5081

Crime and Law Enforcement

Empowering and Enforcing Environmental Justice Act of 2022 This bill provides statutory authority for the Department of Justice's Office of Environmental Justice. It also establishes grants to improve the capacity of state, local, and tribal governments to enforce environmental laws involving environmental justice matters.

To establish an Office of Environmental Justice within the Department of Justice, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Empowering and Enforcing Environmental Justice Act of 2022''. SEC. 2. OFFICE OF ENVIRONMENTAL JUSTICE. (a) In General.--Chapter 31 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 530E. Environmental Justice ``(a) Office of Environmental Justice.-- ``(1) Establishment.--Not later than 90 days after the date of enactment of the Empowering and Enforcing Environmental Justice Act of 2022, the Attorney General shall establish the Office of Environmental Justice (hereinafter known as the `Office') within the Environment and Natural Resources Division of the Department of Justice. ``(2) Personnel and funding.--The Attorney General shall provide to the Office such personnel and funds as are necessary to establish the Office under paragraph (1). ``(3) Leadership.--The Office shall be headed by a Director, who shall be appointed by the Attorney General. ``(4) Duties.--The Director shall: ``(A) Develop, and update every 5 years thereafter, the environmental justice strategy for the Department, in accordance with Executive Order 12898 (42 U.S.C. 4321 note; relating to Federal actions to address environmental justice in minority populations and low- income populations). ``(B) Coordinate environmental justice matters that arise at the Department and United States Attorneys' offices. ``(C) Administer the grant program established under section 3 of the Empowering and Enforcing Environmental Justice Act of 2022. ``(D) Promote and protect the right of the public to participate meaningfully in the decision-making process on environmental justice matters and design communications efforts with the goal of maximizing community understanding of how to participate in environmental justice matters, including how to file administrative complaints with Federal agencies. ``(E) Counsel and assist State, local, and Tribal governments on how to coordinate their actions with the Federal Government with respect to environmental justice matters and counsel and assist State, local, and Tribal governments and Indigenous populations or communities in providing equal environmental protection for all individuals. ``(F) Provide support for State and local environmental enforcement training in environmental justice communities. ``(G) Work with the Community Relations Service to facilitate a working relationship between parties involved in environmental justice matters, including regulated industry, State, local, and Tribal decision- makers and minority or low-income communities. ``(H) Coordinate with the Council on Environmental Quality and the White House Environmental Justice Advisory Council, established under Executive Order 14008 (86 Fed. Reg. 7619), with respect to implementation of the Justice40 Initiative. ``(I) Organize, at minimum, bimonthly calls or meetings with environmental justice organizations and environmental justice communities. ``(J) Manage the Senior Advisory Council established under paragraph (5). ``(K) Make recommendations to Federal agencies on community participation in the development of administrative settlement agreements relating to environmental justice matters. ``(5) Senior advisory council.-- ``(A) Establishment.--There is established a Senior Advisory Council (hereinafter referred to as the `Council') to advise the Assistant Attorney General of the Environment and Natural Resources Division on matters of environmental justice and recommend policy and initiatives with respect to environmental justice matters. ``(B) Co-chair.--The Co-chairs of the Council shall be the Assistant Attorney General of the Environment and Natural Resources Division and the Director of the Office. ``(C) Members.--The Council shall be composed of: ``(i) The Assistant Attorney General of the Environment and Natural Resources Division. ``(ii) The Director of the Office. ``(iii) One representative of the Office of the Deputy Attorney General. ``(iv) One representative of the Office of the Associate Attorney General. ``(v) One representative from the Environmental Enforcement Section of the Environmental and Natural Resources Division. ``(vi) One representative from the Environmental Defense Section of the Environment and Natural Resources Division. ``(vii) One representative of the Civil Rights Division. ``(viii) One representative of the Civil Division. ``(ix) One representative of the Federal Bureau of Investigation. ``(x) One representative of the Bureau of Prisons. ``(xi) One representative of the Community Relations Service. ``(xii) One representative of the Office for Access to Justice. ``(xiii) One representative of the Office of Legal Policy. ``(xiv) One representative of the Office of Legislative Affairs. ``(xv) One representative of the Office of Tribal Justice. ``(xvi) Two representatives from the Executive Office for United States Attorneys. ``(xvii) The Section Chief of the Environmental Justice Section. ``(D) Reporting requirement.--Not later than 180 days after the date of enactment of the Empowering and Enforcing Environmental Justice Act of 2022, and annually thereafter, each member of the Council shall submit to the Director a report on the implementation of the progress of the component of which the member is a representative in implementing the environmental justice strategy of the Department and any proposed revisions to the environmental justice strategy of that component. The Director may also request a report or briefing from the head of any component not a member of the Council explaining how the component may facilitate the efforts of the Department in meeting the obligations of the Department under the environmental justice strategy. ``(E) Administration.--The Director shall coordinate and support the work of the Council. The Director shall convene the Council not later than 90 days after the date of enactment of the Empowering and Enforcing Environmental Justice Act of 2022 and shall convene the Council not less than 4 times annually thereafter. ``(F) Guidance for department.-- ``(i) In general.--Not later than 180 days after the date of enactment of the Empowering and Enforcing Environmental Justice Act of 2022, the Council shall develop guidance with respect to environmental justice and provide such guidance to Department personnel, including provisions for identifying, tracking, and addressing environmental justice matters. ``(ii) Review and update.--Not later than 3 years after the development of the guidance under clause (i), and every 3 years thereafter, the Department shall review and update such guidance. ``(b) Environmental Justice Section.-- ``(1) Establishment.--Not later than 180 days after the date of enactment of the Empowering and Enforcing Environmental Justice Act of 2022, the Attorney General shall establish a section within the Environment and Natural Resources Division of the Department that shall be known as the `Environmental Justice Section' (hereinafter known as the `Section') with the responsibility to litigate environmental justice matters. ``(2) General objectives.--The Section shall: ``(A) Initiate legal action to enforce environmental justice, civil rights, and criminal and civil laws with respect to environmental justice matters to achieve fair environmental and human health protection in all communities. ``(B) Collaborate with State, local, and Tribal governments to pursue litigation with respect to environmental justice to hold persons accountable for actions and inactions that have or will contribute to the climate crisis. ``(C) Ensure the enforcement of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) by coordinating with Federal agencies to effectively investigate civil rights complaints. ``(D) Facilitate the collection and analysis of data that will assist the Department in law enforcement, mediation, and counseling efforts involving environmental justice matters. ``(E) Provide technical assistance to other Federal agencies on creating permits and permitting processes that are enforceable by the agencies and the Department. ``(3) Consultation and investigation.-- ``(A) Consultation on priorities.--Not later than 180 days after the date of enactment of the Empowering and Enforcing Environmental Justice Act of 2022, the Section shall consult with United States Attorneys' Offices, the Environmental Protection Agency, and other Federal agencies, as appropriate, to develop a list of environmental justice enforcement priorities and a strategy for addressing these priorities. ``(B) Referral guidance.--The Section shall provide guidance to other Federal agencies on appropriate actions with respect to environmental justice matters and whether such matters should be transferred to the Department for further investigation or action. ``(4) Litigation activities.--The Section shall coordinate with other litigating components of the Department, with the United States Attorneys' Offices to conduct investigations, and with other Federal agencies with respect to court cases raising environmental justice matters, including by-- ``(A) initiating legal action to enforce environmental justice matters, civil rights, and criminal and civil laws with respect to environmental and criminal justice to achieve fair environmental and human health protection in all communities; ``(B) intervening in pending litigation or filing amicus curiae briefs to serve the interests of Federal agencies that address environmental justice matters; ``(C) coordinating with other Department components, and other Federal agencies, on appropriate action with respect to environmental justice matters; and ``(D) providing technical assistance to other Federal agencies to address environmental justice matters. ``(5) Education.-- ``(A) In general.--The Section shall provide training and education with respect to-- ``(i) how to identify environmental justice matters; ``(ii) the contexts in which environmental justice matters may arise; ``(iii) the ways in which recognition of potential environmental justice matters may affect the work of the Department, Department personnel, and other Federal agencies; and ``(iv) the implementation of Executive Order 12898 (42 U.S.C. 4321 note; relating to Federal actions to address environmental justice in minority populations and low-income populations), including the environmental justice strategy developed by The Office and guidance developed by the Council pursuant to subsection (a)(5)(F). ``(B) Development.--The Section shall develop-- ``(i) instructional videos and other materials for Department personnel to provide an overview of the scope of environmental justice matters and procedures for identifying and reporting such matters; ``(ii) education programs for environmental attorneys about criminal, civil, and civil rights laws; ``(iii) education programs for civil, criminal, and civil rights attorneys about environmental laws for the purpose of identifying and effectively addressing environmental justice matters; ``(iv) an email address that Department attorneys and other Department personnel may contact that enables Department attorneys and other Department personnel to seek information and guidance on environmental justice matters; ``(v) joint education and training activities, where appropriate, with Federal agencies and State, local, and Tribal legal offices; ``(vi) a continuing legal education course on environmental justice matters, developed in coordination with the Office of Legal Education and the Environmental Protection Agency; and ``(vii) training programs with respect to environmental justice for individuals participating in the Attorney General's Honors Program. ``(6) Data assessment.--The Section shall coordinate with all relevant components within the Department to develop and maintain an appropriate system for tracking and assessing cases that raise environmental justice matters. ``(c) Definitions.--In this section: ``(1) Department.--The term `Department' means the Department of Justice. ``(2) Environmental justice community.--The term `environmental justice community' means a community with significant representation of communities of color, low-income communities, or Tribal and Indigenous communities, that experiences, or is at risk of experiencing higher or more adverse human health or environmental effects. ``(3) Environmental justice matter.--The term `environmental justice matter' includes any civil or criminal matter where the conduct or action at issue may involve a disproportionate and adverse environmental or human health effect on an identifiable low-income, minority, Tribal, or Indigenous population or community in the United States. ``(4) Indigenous population or community.--The term `Indigenous population or community' includes populations or communities of American Indians, Alaska Natives, and Native Hawaiians. ``(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 income equal to, or less than, the greater of-- ``(A) an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and ``(B) 200 percent of the Federal poverty line. ``(6) State.--The term `State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.''. (b) Technical Amendment.--The table of sections for chapter 31 of title 28, United States Code, is amended by adding at the end the following: ``530E. Environmental justice.''. SEC. 3. ENVIRONMENTAL JUSTICE MATTERS ENFORCEMENT GRANTS. (a) Definitions.--In this section: (1) Certain congressional committees.--The term ``certain congressional committees'' means-- (A) the Committee on Energy and Commerce of the House of Representatives; (B) the Committee on Environment and Public Works of the Senate; and (C) the Committees on the Judiciary of the House of Representatives and the Senate. (2) Environmental justice community.--The term ``environmental justice community'' means a community with significant representation of communities of color, low-income communities, or Tribal and Indigenous communities, that experiences, or is at risk of experiencing higher or more adverse human health or environmental effects. (3) Environmental justice matter.--The term ``environmental justice matter'' includes any civil or criminal matter where the conduct or action at issue may involve a disproportionate and adverse environmental or human health effect on an identifiable low-income, minority, Tribal, or Indigenous population or community in the United States. (4) Indigenous population or community.--The term ``Indigenous population or community'' includes populations or communities of American Indians, Alaska Natives, and Native Hawaiians. (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 income equal to, or less than, the greater of-- (A) an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and (B) 200 percent of the Federal poverty line. (6) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (b) In General.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall establish a grant program (in this section referred to as the ``Program'') within the Office of Environmental Justice to improve the capacity of State, local, and Tribal governments to enforce environmental laws involving environmental justice matters. (c) Grant Authority.--In carrying out the Program, the Assistant Attorney General may award a grant on competitive basis to an eligible recipient. (d) Eligible Recipients.--The Assistant Attorney General may award a grant under the Program to a State, local, or Tribal government determined by the Assistant Attorney General to be capable of carrying out a project pursuant to subsection (e). (e) Grant Funds.--Grant funds awarded under the Program, shall only be used to-- (1) train State, local, and Tribal agencies responsible for prosecuting and enforcing laws involving environmental justice matters; (2) hire staff to assist in the investigation, prosecution, and enforcement of laws involving environmental justice matters; or (3) establish collaborative programs to provide technical and legal assistance to help environmental justice communities participate in decisions impacting the environment, health, and safety of those environmental justice communities. (f) Applications.--To be eligible for a grant under the Program, an eligible recipient shall submit to the Assistant Attorney General an application in such form, at such time, and containing such information as the Assistant Attorney General determines to be appropriate. (g) Limitations on Grant Amounts.--Subject to the availability of appropriations under subsection (j), each grant made under this section shall be for an amount not less than $50,000 and not greater than $1,000,000. (h) Federal Share.--The Federal share of a project under the Program shall not exceed 80 percent, unless the Attorney General waives, wholly or in part, this requirement. (i) Report.--Not later than 18 months after the date of enactment of this Act, and every 2 years thereafter, the Attorney General shall submit a report to certain congressional committees on the grant program established under this section, including a description of the grantees and activities for which grantees used grants awarded under this section. (j) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of the fiscal years 2023 through 2032. <all>

Empowering and Enforcing Environmental Justice Act of 2022

A bill to establish an Office of Environmental Justice within the Department of Justice, and for other purposes.

Empowering and Enforcing Environmental Justice Act of 2022

Sen. Padilla, Alex

D

CA

H.R.2174

Education

Success for Rural Students and Communities Act of 2021 This bill establishes a grant program through which the Department of Education may award funds to eligible partnerships to support rural postsecondary education and economic growth and development in rural communities. A grant recipient must be a partnership whose members represent at least three designated types of organizations, specifically (1) a local educational agency or educational service agency serving a rural area, (2) an institution of higher education (IHE), (3) a regional economic development entity, or (4) a rural community-serving organization with demonstrated success supporting rural students in accessing higher education and attaining degrees. A grant recipient must use awarded funds to carry out no fewer than two specified activities, namely (1) improving postsecondary enrollment rates for rural secondary school students, (2) increasing enrollment and completion rates of rural nontraditional students in degree programs at IHEs, (3) creating or strengthening academic programs at rural-serving IHEs to prepare graduates to enter into high-need occupations in the regional and local economies, or (4) generating local and regional economic development that creates employment opportunities for rural students with postsecondary degrees.

To establish a rural postsecondary and economic development grant program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Success for Rural Students and Communities Act of 2021''. SEC. 2. RURAL POSTSECONDARY AND ECONOMIC DEVELOPMENT GRANT PROGRAM. Part Q of title VIII of the Higher Education Act of 1965 (20 U.S.C. 1161q) is amended by adding at the end the following: ``SEC. 862. RURAL POSTSECONDARY AND ECONOMIC DEVELOPMENT GRANT PROGRAM. ``(a) Purposes.--The purposes of this section are to-- ``(1) increase enrollment and graduation rates of secondary school graduates and nontraditional students from rural areas at 2-year and 4-year institutions of higher education, their articulation from 2-year degree programs into 4-year degree programs, and their attainment of market-relevant credentials and certificates; ``(2) ensure rural communities benefit from their students' success by advancing rural economic development and cultivation of a skilled local workforce with employment opportunities for college graduates; ``(3) promote economic growth and development in the rural United States through partnership grants to consortia of rural serving institutions of higher education, local educational agencies, and regional economic development entities; ``(4) foster innovation and development of effective practices, identify and document effective practices for the purpose of continuous quality improvement, and ensure that additional rural areas benefit from innovations through dissemination of practices that are most effective in rural areas; and ``(5) foster elevated levels of investment in rural students and communities by State, private sector, and philanthropic partners. ``(b) Definitions.--For the purposes of this section: ``(1) Nontraditional student.--The term `nontraditional student' means an individual who-- ``(A) delays enrollment in an institution of higher education by 3 or more years after secondary school graduation; ``(B) attends an institution of higher education part-time; or ``(C) attends an institution of higher education and-- ``(i) works full-time; ``(ii) is an independent student, as defined in section 480; ``(iii) has 1 or more dependents other than a spouse; ``(iv) is a single parent or is the primary caregiver for a family member; ``(v) is aging out of foster care; ``(vi) has been involved in the juvenile justice system or the adult criminal justice system; or ``(vii) is in recovery from a substance use disorder. ``(2) Regional economic development entity.--The term `regional economic development entity' means an entity working to promote economic development in, or employing residents of, a rural area, which may include local boards (as defined in section 3 of the Workforce Innovation and Opportunity Act), Chambers of Commerce, and employers in the rural region covered by the grant. ``(3) Rural area.--The term `rural area' means an area that is defined, identified, or otherwise recognized as rural by a governmental agency of the State in which the area is located. ``(4) Rural serving institution of higher education.--The term `rural serving institution of higher education' means an institution of higher education that serves rural areas. ``(c) Eligible Partnership.-- ``(1) Eligible partnership.--A partnership eligible to apply for a grant and carry out activities under this section (referred to in this section as an `eligible partnership') shall include partners representing not less than 3 of the following types of organizations: ``(A) A local educational agency or educational service agency (as such term is defined in section 8101 of the Elementary and Secondary Education Act of 1965) serving a rural area. ``(B) An institution of higher education. ``(C) A regional economic development entity. ``(D) A rural community-serving organization, including a philanthropy, with demonstrated success supporting rural students in accessing higher education and attaining 2-year or 4-year degrees, including supporting students articulating from a 2-year to a 4- year college. ``(2) Optional partners.--Other organizations serving rural students, families, or communities, including agencies of Tribal, State, or local government, community action agencies, or other non-governmental agencies, and local elected officials may participate in the eligible partnership as optional partners. ``(3) Lead applicant.--Any required partner in an eligible partnership described in paragraph (1) may be designated by the eligible partnership to serve as the lead applicant and submit a competitive application on behalf of the eligible partnership of which that partner entity is a member. ``(4) Limitation.--No more than 1 partner may submit a grant application under this section on behalf of an eligible partnership. ``(d) Grants Authorized.-- ``(1) In general.--From amounts made available under subsection (j), the Secretary may award grants, on a competitive basis, to eligible partnerships to carry out the activities described in subsection (f). ``(2) Duration.--A grant awarded under this section shall be awarded for a period of not less than 5 years and not more than 9 years. ``(3) Minimum grants.--A grant awarded under this section shall be in an amount not less than $1,000,000. ``(e) Applications.-- ``(1) In general.--Each eligible partnership 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 reasonably require. ``(2) Special considerations.--In awarding grants under this section, the Secretary shall give special consideration to applications that demonstrate the most potential and propose the most promising and innovative approaches for-- ``(A) increasing the number and percentage of graduates from rural secondary schools who enroll in and graduate from institutions of higher education; ``(B) increasing the number of market-relevant credentials and certificates awarded to students in rural communities; ``(C) meeting the employment needs of regional employers; ``(D) strengthening the regional economy of a rural area; ``(E) utilizing Labor Market Information data to determine regional job growth opportunities and connect that information to education and other partners; and ``(F) creating shared data systems accessible to all partners. ``(f) Match.--As part of the application, each eligible partnership applying for a grant under this section shall secure and document commitments of matching funds, in cash or in kind, totaling not less than 20 percent of the amount of grant funding that the eligible partnership is requesting in the application. Matching funds may be contributed from any non-Federal source, including a State, local, private, nonprofit, or philanthropic source. ``(g) Use of Funds.--An eligible partnership that receives a grant under this section shall use grant and matching funds to carry out not less than 2 of the following 4 activities: ``(1) Improving postsecondary enrollment rates for rural secondary school students by providing supports to students, beginning as early as middle school, but in no case later than grade 11, and continuing through completion of postsecondary education. Such supports may include-- ``(A) providing students and families with counseling related to applying for postsecondary education, and Federal and State financial assistance for postsecondary education; ``(B) providing students at rural high schools, and their families, with exposure and access to campuses, courses, programs, and internships of institutions of higher education, including covering the cost of transportation to and from such institutions; ``(C) providing students of rural high schools exposure and access to courses offering dual or concurrent enrollment that will earn credits towards postsecondary degrees, credentials, or certificates; ``(D) supporting early connectivity to regional employment opportunities for rural students, including early opportunities for career exploration and exposure, expanding career counseling and opportunities for work-based learning experiences, opportunities available through career and technical education schools, and designing and implementing college and career pathways in secondary schools that align to local labor market demands; ``(E) supporting the transition of students from high school to postsecondary education; ``(F) supporting students in completing their postsecondary degree or credential; ``(G) supporting the transition of students articulating from 2-year degree programs to 4-year degree programs; and ``(H) other initiatives that assist students and families in developing interest in, applying for, attending, and graduating from rural serving institutions of higher education. ``(2) Increasing enrollment and completion rates of rural nontraditional students in degree programs at institutions of higher education, which may include-- ``(A) programs to provide nontraditional students with counseling related to applying for postsecondary education, and Federal and State financial assistance for postsecondary education; ``(B) community outreach initiatives to encourage nontraditional students to enroll in an institution of higher education; ``(C) programs to increase rural nontraditional student persistence in and completion of postsecondary education; or ``(D) programs to improve the enrollment of nontraditional students in 2-year degree programs and the transition of nontraditional students articulating from 2-year degree programs to 4-year degree programs. ``(3) Creating or strengthening academic programs at rural serving institutions of higher education to prepare graduates to enter into high-need occupations in the regional and local economies, and to provide additional career training to such students in fields relevant to the regional economy. Such activities may include-- ``(A) developing and expanding work-based learning opportunities, such as apprenticeships or paid internships, including covering the cost of transportation or the cost of internet access for virtual opportunities; ``(B) establishing policies and processes for assessing and awarding course credit for prior learning; ``(C) developing and expanding programs that accelerate learning and recognized postsecondary credential attainment, including competency-based education, corequisite remediation, and other strategies for acceleration; ``(D) developing and expanding efficient career pathways to credentials, including the development of stackable credentials and integrated education and training strategies; ``(E) working with local boards on the use of labor market information for making program decisions; or ``(F) engaging employers in the development of programs and curricula. ``(4) Generating local and regional economic development that creates employment opportunities for rural students with postsecondary degrees, which may include-- ``(A) promoting and incentivizing remote work opportunities to connect local talent with non-local employers; ``(B) supporting entrepreneurship as a part of career pathways in secondary school and postsecondary academic and career programs; ``(C) developing strategies to address transportation and internet connectivity gaps that create barriers to employment opportunities in rural areas; ``(D) designing and implementing marketing efforts to attract employers and talent to the region or community; or ``(E) developing strategies to identify start-up funding for local entrepreneurs. ``(h) Technical Assistance.--The Secretary may reserve not more than 5 percent of funds authorized to be appropriated to carry out this section to provide technical assistance to assist eligible partnerships in preparing and submitting successful applications, and to support grantees in the successful implementation of grant awards under this section. ``(i) Research, Evaluation, and Dissemination of Promising Practices.-- ``(1) Ongoing data collection and research.--The Secretary shall reserve not less than 10 percent of the amount appropriated to carry out this section for the purpose of-- ``(A) ongoing data collection and research to-- ``(i) identify innovative practices that improve attainment of market-relevant credentials, certificates, and degrees for rural students; or ``(ii) enhance rural economic development that results in employment opportunities for graduates of postsecondary education in rural areas; and ``(B) dissemination of the findings related to that data collection and research on a regular basis throughout the duration of the grant period. ``(2) Data collection and research by grantees.--At the Secretary's discretion, data collection and research under this subsection may be conducted by eligible partnerships. ``(3) Purpose; prohibited use.-- ``(A) In general.--The purpose of data collection and research under this subsection shall be to identify, document, and disseminate effective practices throughout the duration of the grant period in order to support continuous quality improvement of programs funded under this section. ``(B) Prohibited use.--To incentivize innovation, experimentation, and collaboration, findings that result from data collection and research under this subsection shall not be used for the purpose of denying subsequent applications for Federal funds. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $60,000,000 for fiscal year 2022 and each of the 5 succeeding fiscal years.''. <all>

Success for Rural Students and Communities Act of 2021

To establish a rural postsecondary and economic development grant program.

Success for Rural Students and Communities Act of 2021

Rep. Stefanik, Elise M.

R

NY

H.R.9065

Education

Student Loan Earned Relief Act This bill revises the Public Service Loan Forgiveness (PSLF) program by providing for partial loan cancellation and providing statutory authority for certain limited waiver flexibilities. Specifically, the bill directs the Department of Education (ED) to cancel 50% of the principal and interest due on a borrower's Federal Direct Loans after the borrower makes 60 monthly loan payments while employed in a public service job. ED must cancel the remaining balance on these loans after the borrower makes an additional 60 monthly payments. The bill also provides statutory authority for the Limited PSLF Waiver, which was carried out by ED beginning on October 6, 2021, and ending on October 31, 2022. This waiver allowed borrowers to receive credit for certain past periods of repayment on loans that would otherwise not qualify for the PSLF program.

To amend the Higher Education Act of 1965 to provide interest relief under the public service loan forgiveness program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Earned Relief Act''. SEC. 2. PSLF. (a) Reduction of Payment.--Section 455(m)(1) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)(1)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``the balance of interest and principal due'' and inserting ``50 percent of the balance of interest and principal due''; (2) in subparagraph (A), by striking ``120'' and inserting ``60''; and (3) in subparagraph (B)(ii), by striking ``120'' and inserting ``60''. (b) Loan Cancellation Amount; Payment of Interest Accrued.-- Paragraph (2) of section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)(2)) is amended to read as follows: ``(2) Loan cancellation amount; payment of interest accrued.-- ``(A) First employment period.--After the conclusion of the first employment period described in paragraph (1) during which the borrower has made the first 60 payments described in such paragraph, the Secretary shall-- ``(i) cancel 50 percent of the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part; and ``(ii) provide the borrower an amount equal to the amount of interest that the borrower has paid on such loans during such first employment period. ``(B) Second employment period.--After the conclusion of the second employment period described in paragraph (1) during which the borrower has made the second 60 payments described in such paragraph, the Secretary shall-- ``(i) cancel any remaining obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part; and ``(ii) provide the borrower an amount equal to the amount of interest that the borrower has paid on such loans during such second employment period.''. (c) Codifying the Limited PSLF Waivers.--Section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)), as amended by this Act, is further amended by adding at the end the following: ``(5) Permanently restoring the promise of pslf.-- Notwithstanding any other provision of this subsection, the Secretary shall carry out this subsection in a manner consistent with the terms and conditions of the Limited PSLF Waiver program carried out by the Department beginning on October 6, 2021, and authorized by the Higher Education Relief Opportunities for Students Act of 2003 (20 U.S.C. 1098aa et seq.), except that the application and consolidation deadlines for such program shall not apply to the provisions of this subsection.''. <all>

Student Loan Earned Relief Act

To amend the Higher Education Act of 1965 to provide interest relief under the public service loan forgiveness program, and for other purposes.

Student Loan Earned Relief Act

Rep. McNerney, Jerry

D

CA

S.3514

Government Operations and Politics

Restore Parental and Consumer Medical Rights in the Nation's Capital Act This bill nullifies the following actions of the government of the District of Columbia:

To repeal COVID-19 vaccination requirements imposed by the District of Columbia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Restore Parental and Consumer Medical Rights in the Nation's Capital Act''. SEC. 2. REPEAL OF DC VACCINE MANDATES. The following shall have no force or effect: (1) Order 2021-148 issued by the Mayor of the District of Columbia on December 22, 2021. (2) The Coronavirus Immunization of School Students and Early Childhood Workers Amendment Act of 2021 (D.C. Act 24- 285), enacted by the District of Columbia Council on January 12, 2022. <all>

Restore Parental and Consumer Medical Rights in the Nation's Capital Act

A bill to repeal COVID-19 vaccination requirements imposed by the District of Columbia.

Restore Parental and Consumer Medical Rights in the Nation's Capital Act

Sen. Paul, Rand

R

KY

S.1567

Health

Nurse Staffing Standards for Patient Safety and Quality Care Act of 2021 This bill requires hospitals to implement and submit to the Department of Health and Human Services (HHS) a staffing plan that complies with specified minimum nurse-to-patient ratios by unit. Hospitals must post a notice regarding nurse-to-patient ratios in each unit and maintain records of actual ratios for each shift in each unit. The bill also requires hospitals to follow certain procedures regarding how ratios are determined and other staff are prohibited from performing nurse functions unless specifically authorized within a state's scope of practice rules, among other requirements. HHS must adjust Medicare payments to hospitals to cover additional costs attributable to compliance with these ratios. Nurses may object to, or refuse to participate in, an assignment if it would violate minimum ratios or if they are not prepared by education or experience to fulfill the assignment without compromising the safety of a patient or jeopardizing their nurse's license. Hospitals may not (1) take adverse actions against a nurse based on the nurse's reasonable refusal to accept an assignment; or (2) discriminate against individuals for good faith complaints relating to the care, services, or conditions of the hospital or related facilities. HHS may impose civil monetary penalties on hospitals violating the ratio requirements and must publish the names of such hospitals. The bill provides stipends to the nurse workforce loan repayment and scholarship program and expands the nurse retention grant program to include nurse preceptorship and mentorship projects.

To amend the Public Health Service Act to establish direct care registered nurse-to-patient staffing ratio requirements in hospitals, and for other 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; FINDINGS. (a) Short Title.--This Act may be cited as the ``Nurse Staffing Standards for Hospital Patient Safety and Quality Care Act of 2021''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents; findings. Sec. 2. Minimum direct care registered nurse staffing requirement. Sec. 3. Enforcement of requirements through Federal programs. Sec. 4. Nurse workforce initiative. (c) Findings.--Congress finds the following: (1) The Federal Government has a substantial interest in promoting quality care and improving the delivery of health care services to patients in health care facilities in the United States. (2) Recent changes in health care delivery systems that have resulted in higher acuity levels among patients in health care facilities increase the need for improved quality measures in order to protect patient care and reduce the incidence of medical errors. (3) Inadequate and poorly monitored registered nurse staffing practices that result in too few registered nurses providing direct care jeopardize the delivery of quality health care services. (4) Numerous studies have shown that patient outcomes are directly correlated to direct care registered nurse staffing levels, including a 2010 Health Services Research study that concluded that implementation of minimum nurse-to-patient staffing ratios in California has led to improved patient outcomes and nurse retention and a 2014 Agency for Healthcare Research and Quality study that concluded increases in nurse staffing and skill mix lead to improved quality and reduced length of stay at no additional cost. (5) Requirements for direct care registered nurse staffing ratios will help address the registered nurse shortage in the United States by aiding in recruitment of new registered nurses and improving retention of registered nurses who are considering leaving direct patient care because of demands created by inadequate staffing. (6) Establishing adequate minimum direct care registered nurse-to-patient ratios that take into account patient acuity measures will improve the delivery of quality health care services and guarantee patient safety. (7) Establishing safe staffing standards for direct care registered nurses is a critical component of assuring that there is adequate hospital staffing at all levels to improve the delivery of quality care and protect patient safety. SEC. 2. MINIMUM DIRECT CARE REGISTERED NURSE STAFFING REQUIREMENT. (a) Minimum Direct Care Registered Nurse Staffing Requirements.-- The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following new title: ``TITLE XXXIV--MINIMUM DIRECT CARE REGISTERED NURSE STAFFING REQUIREMENT ``SEC. 3401. MINIMUM NURSE STAFFING REQUIREMENT. ``(a) Staffing Plan.-- ``(1) In general.--A hospital shall implement a staffing plan that-- ``(A) provides adequate, appropriate, and quality delivery of health care services and protects patient safety; and ``(B) is consistent with the requirements of this title. ``(2) Effective dates.-- ``(A) Implementation of staffing plan.--Subject to subparagraph (B), the requirements under paragraph (1) shall take effect on a date to be determined by the Secretary, but not later than 1 year after the date of the enactment of this title. ``(B) Application of minimum direct care registered nurse-to-patient ratios.--The requirements under subsection (b) shall take effect as soon as practicable, as determined by the Secretary, but not later than-- ``(i) 2 years after the date of enactment of this title; and ``(ii) in the case of a hospital in a rural area (as defined in section 1886(d)(2)(D) of the Social Security Act), 4 years after the date of enactment of this title. ``(b) Minimum Direct Care Registered Nurse-to-Patient Ratios.-- ``(1) In general.--Except as provided in paragraph (4) and other provisions of this section, a hospital's staffing plan shall provide that, at all times during each shift within a unit of the hospital, and with a full complement of ancillary and support staff, a direct care registered nurse may be assigned to not more than the following number of patients in that unit: ``(A) One patient in trauma emergency units. ``(B) One patient in operating room units, provided that a minimum of 1 additional person serves as a scrub assistant in such unit. ``(C) Two patients in critical care units, including neonatal intensive care units, emergency critical care and intensive care units, labor and delivery units, coronary care units, acute respiratory care units, postanesthesia units, and burn units. ``(D) Three patients in emergency room units, pediatrics units, stepdown units, telemetry units, antepartum units, and combined labor, deliver, and postpartum units. ``(E) Four patients in medical-surgical units, intermediate care nursery units, acute care psychiatric units, and other specialty care units. ``(F) Five patients in rehabilitation units and skilled nursing units. ``(G) Six patients in postpartum (3 couplets) units and well-baby nursery units. ``(2) Similar units with different names.--The Secretary may apply minimum direct care registered nurse-to-patient ratios established in paragraph (1) for a hospital unit referred to in such paragraph to a type of hospital unit not referred to in such paragraph if such type of hospital unit provides a level of care to patients whose needs are similar to the needs of patients cared for in the hospital unit referred to in such paragraph. ``(3) Application of ratios to hospital nursing practice standards.-- ``(A) In general.--A patient assignment may be included in the calculation of the direct care registered nurse-to-patient ratios required in this subsection only if care is provided by a direct care registered nurse and the provision of care to the particular patient is within that direct care registered nurse's competence. ``(B) Demonstration of unit-specific competence.--A hospital shall not assign a direct care registered nurse to a hospital unit unless that hospital determines that the direct care registered nurse has demonstrated current competence in providing care in that unit, and has also received orientation to that hospital's unit sufficient to provide competent care to patients in that unit. ``(C) Duties of the assigned direct care registered nurse.--Each patient shall be assigned to a direct care registered nurse who shall directly provide the assessment, planning, supervision, implementation, and evaluation of the nursing care provided to the patient at least every shift and has the responsibility for the provision of care to a particular patient within his or her scope of practice. ``(D) Nurse administrators and supervisors.--A registered nurse who is a nurse administrator, nurse supervisor, nurse manager, charge nurse, case manager, or any other hospital administrator or supervisor, shall not be included in the calculation of the direct care registered nurse-to-patient ratio unless that nurse has a current and active direct patient care assignment and provides direct patient care in compliance with the requirements of this section, including competency requirements. The exemption in this subsection shall apply only during the hours in which the individual registered nurse has the principal responsibility of providing direct patient care and has no additional job duties as would a direct care registered nurse. ``(E) Other personnel.--Other personnel may perform patient care tasks based on their training and demonstrated skill but may not perform or assist in direct care registered nurse functions unless authorized to do in accordance with State scope of practice laws and regulations. ``(F) Temporary nursing personnel.--A hospital shall not assign any nursing personnel from temporary nursing agencies patient care to any hospital unit without such personnel having demonstrated competence on the assigned unit and received orientation to that hospital's unit sufficient to provide competent care to patients in that unit. ``(G) Ancillary and additional staffing.--The need for additional staffing of direct care registered nurses, licensed vocational or practical nurses, licensed psychiatric technicians, certified nursing or patient care assistants, or other licensed or unlicensed ancillary staff above the minimum registered nurse-to-patient ratios shall be based on the assessment of the individual patient's nursing care requirement, the individual patient's nursing care plan, and acuity level. ``(4) Restrictions.-- ``(A) Prohibition against averaging.--A hospital shall not average the number of patients and the total number of direct care registered nurses assigned to patients in a hospital unit during any 1 shift or over any period of time for purposes of meeting the requirements under this subsection. ``(B) Prohibition against imposition of mandatory overtime requirements.--A hospital shall not impose mandatory overtime requirements to meet the hospital unit direct care registered nurse-to-patient ratios required under this subsection. ``(C) Relief during routine absences.--A hospital shall ensure that only a direct care registered nurse who has demonstrated current competence to the hospital in providing care on a particular unit and has also received orientation to that hospital's unit sufficient to provide competent care to patients in that unit may relieve another direct care registered nurse during breaks, meals, and other routine, expected absences from a hospital unit. ``(D) Application of direct care registered nurse- to-patient ratios in patient-acuity adjustable units.-- Patients shall be cared for only on units or patient care areas where the direct care registered nurse-to- patient ratios meet the level of intensity, type of care, and the individual requirements and needs of each patient. Notwithstanding paragraph (2), hospitals that provide patient care in units or patient care areas that are acuity adaptable or acuity adjustable shall apply the direct care registered nurse-to-patient ratio required in this section for the highest patient acuity level or level of care in that unit or patient care area, and shall comply with all other requirements of this section. ``(E) Use of video monitors.--A hospital shall not employ video monitors or any form of electronic visualization of a patient as a substitute for the direct observation required for patient assessment by the direct care registered nurse or required for patient protection. Video monitors or any form of electronic visualization of a patient shall not be included in the calculation of the direct care registered nurse-to-patient ratio required in this subsection and shall not replace the requirement of paragraph (3)(D) that each patient shall be assigned to a direct care registered nurse who shall directly provide the assessment, planning, supervision, implementation, and evaluation of the nursing care provided to the patient at least every shift and have the responsibility for the provision of care to a particular patient within his or her scope of practice. ``(F) Use of other technology.--A hospital shall not employ technology that substitutes for the assigned registered nurse's professional judgment in assessment, planning, implementation, and evaluation of care. ``(5) Adjustment of ratios.-- ``(A) In general.--If necessary to protect patient safety, the Secretary may prescribe regulations that-- ``(i) increase minimum direct care registered nurse-to-patient ratios under this subsection to reduce the number of patients that may be assigned to each direct care nurse; or ``(ii) add minimum direct care registered nurse-to-patient ratios for units not referred to in paragraphs (1) and (2). ``(B) Consultation.--Such regulations shall be prescribed after consultation with affected hospitals and registered nurses. ``(6) Ancillary and additional staffing.-- ``(A) In general.--The Secretary may prescribe regulations requiring additional staffing of direct care registered nurses, licensed vocational or practice nurses, licensed psychiatric technicians, certified nursing or patient care assistants, or other licensed or unlicensed ancillary staff above the minimum registered nurse-to-patient ratios that is based on the assessment of the individual patient's nursing care needs, the individual patient's nursing care plan, and acuity level. ``(B) Consultation.--Such regulations shall be prescribed after consultation with affected hospitals, registered nurses, and ancillary staff. ``(7) Relationship to state-imposed ratios.--Nothing in this title shall preempt State standards that the Secretary determines to be as stringent as Federal requirements for a staffing plan established under this title. Minimum direct care registered nurse-to-patient ratios established under this subsection shall not preempt State requirements that the Secretary determines are as stringent as to Federal requirements for direct care registered nurse-to-patient ratios established under this title. ``(8) Exemption in emergencies.--The requirements established under this subsection shall not apply during a state of emergency if a hospital is requested or expected to provide an exceptional level of emergency or other medical services. If a hospital seeks to apply the exemption under this paragraph in response to a complaint filed against the hospital for a violation of the provisions of this title, the hospital must demonstrate that prompt and diligent efforts were made to maintain required staffing levels. The Secretary shall issue guidance to hospitals that describes situations that constitute a state of emergency for purposes of the exemption under this paragraph and shall establish necessary penalties for violations of this paragraph consistent with section 3406. ``(c) Development and Reevaluation of Staffing Plan.-- ``(1) Considerations in development of plan.--In developing the staffing plan, a hospital shall provide for direct care registered nurse-to-patient ratios above the minimum direct care registered nurse-to-patient ratios required under subsection (b) if appropriate based upon consideration of, at minimum, the following factors: ``(A) The number of patients on a particular unit on a shift-by-shift basis. ``(B) The acuity level and nursing care plan of patients on a particular unit on a shift-by-shift basis. ``(C) The anticipated admissions, discharges, and transfers of patients during each shift that impacts direct patient care. ``(D) Specialized experience required of direct care registered nurses on a particular unit. ``(E) Staffing levels and services provided by licensed vocational or practical nurses, licensed psychiatric technicians, certified nurse assistants, or other ancillary staff in meeting direct patient care needs not required by a direct care registered nurse. ``(F) The level of familiarity with hospital practices, policies, and procedures by temporary agency direct care registered nurses used during a shift. ``(G) Obstacles to efficiency in the delivery of patient care presented by physical layout. ``(2) Documentation of staffing.--A hospital shall specify the system used to document actual staffing in each unit for each shift. ``(3) Annual reevaluation of plan.-- ``(A) In general.--A hospital shall annually evaluate its staffing plan in each unit in relation to actual patient care requirements. ``(B) Update.--A hospital shall update its staffing plan to the extent appropriate based on such evaluation. ``(4) Transparency.-- ``(A) In general.--Any staffing plan or method used to create and evaluate acuity-level and adopted by a hospital under this section shall be transparent in all respects, including disclosure of detailed documentation of the methodology used to determine nursing staffing, identifying each factor, assumption, and value used in applying such methodology. ``(B) Public availability.--The Secretary shall establish procedures to provide that the documentation submitted under subsection (d) is available for public inspection in its entirety. ``(5) Registered nurse participation.--A staffing plan of a hospital-- ``(A) shall be developed and subsequent reevaluations shall be conducted under this subsection on the basis of input from direct care registered nurses at the hospital from each unit or patient care area; and ``(B) where such nurses are represented through collective bargaining, shall require bargaining with the applicable recognized or certified collective bargaining representative of such nurses. Nothing in this title shall be construed to permit conduct prohibited under the National Labor Relations Act (29 U.S.C. 151 et seq.) or chapter 71 of title 5, United States Code. ``(6) Staffing committees.--If a hospital maintains a staffing committee, then the committee shall include at least one registered nurse from each hospital unit and shall be composed of at least 50 percent direct care registered nurses. The staffing committee shall include meaningful representation of other direct care nonmanagement staff. Direct care registered nurses who serve on the committee shall be selected by other direct care registered nurses from their unit. Other direct care nonmanagement staff shall be selected by other direct care nonmanagement staff. Participation on staffing committees shall be considered a part of the employee's regularly scheduled workweek. ``(d) Submission of Plan to Secretary.--A hospital shall submit to the Secretary its staffing plan and any annual updates under subsection (c)(3)(B). A federally operated hospital may submit its staffing plan through the department or agency operating the hospital. ``SEC. 3402. POSTING, RECORDS, AND AUDITS. ``(a) Posting Requirements.--In each unit, a hospital shall post a uniform notice in a form specified by the Secretary in regulation that-- ``(1) explains requirements imposed under section 3401; ``(2) includes actual direct care registered nurse-to- patient ratios during each shift; ``(3) includes the actual number and titles of direct care registered nurses assigned during each shift; and ``(4) is visible, conspicuous, and accessible to staff, patients, and the public. ``(b) Records.-- ``(1) Maintenance of records.--Each hospital shall maintain accurate records of actual direct care registered nurse-to- patient ratios in each unit for each shift for no less than 3 years. Such records shall include-- ``(A) the number of patients in each unit; ``(B) the identity and duty hours of-- ``(i) each direct care registered nurse assigned to each patient in each unit in each shift; and ``(ii) ancillary staff who are under the coordination of the direct care registered nurse; ``(C) certification that each nurse received rest and meal breaks and the identity and duty hours of each direct care registered nurse who provided such relief; and ``(D) a copy of each notice posted under subsection (a). ``(2) Availability of records.--Each hospital shall make its records maintained under paragraph (1) available to-- ``(A) the Secretary; ``(B) registered nurses and their collective bargaining representatives (if any); and ``(C) the public under regulations established by the Secretary, or in the case of a federally operated hospital, under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act). ``(c) Audits.--The Secretary shall conduct periodic audits to ensure-- ``(1) implementation of the staffing plan in accordance with this title; and ``(2) accuracy in records maintained under this section. ``SEC. 3403. MINIMUM DIRECT CARE LICENSED PRACTICAL NURSE STAFFING REQUIREMENTS. ``(a) Establishment.--A hospital's staffing plan shall comply with minimum direct care licensed practical nurse staffing requirements that the Secretary establishes for units in hospitals. Such staffing requirements shall be established not later than 18 months after the date of the enactment of this title, and shall be based on the study conducted under subsection (b). ``(b) Study.--Not later than 1 year after the date of the enactment of this title, the Secretary, acting through the Director of the Agency for Healthcare Research and Quality, shall complete a study of licensed practical nurse staffing and its effects on patient care in hospitals. The Director may contract with a qualified entity or organization to carry out such study under this paragraph. The Director shall consult with licensed practical nurses and organizations representing licensed practical nurses regarding the design and conduct of the study. ``(c) Application of Registered Nurse Provisions to Licensed Practical Nurse Staffing Requirements.--Paragraphs (2), (4)(A), (4)(B), (4)(C), and (6) of section 3401(b), paragraphs (1), (2), (3), and (4) of section 3401(c), and section 3402 shall apply to the establishment and application of direct care licensed practical nurse staffing requirements under this section pursuant to the additional staffing requirements under subsection (b)(3)(G) of section 3401 and in the same manner that they apply to the establishment and application of direct care registered nurse-to-patient ratios under sections 3401 and 3402. ``(d) Effective Date.--The requirements of this section shall take effect as soon as practicable, as determined by the Secretary, but not later than-- ``(1) 2 years after the date of the enactment of this title; and ``(2) in the case of a hospital in a rural area (as defined in section 1886(d)(2)(D) of the Social Security Act), 4 years after the date of the enactment of this title. ``(e) Study.--Not later than 1 year after the date of the enactment of this title, the Secretary, acting through the Director of the Agency for Healthcare Research and Quality shall complete a study of registered and practical nurse staffing requirements in clinics and other outpatient settings, and its effects on patient care in outpatient settings. The Director may contract with a qualified entity or organization to carry out such study under this subsection. The Director shall consult with registered nurses and licensed practice nurses working in outpatient settings, including professional nursing associations and labor organizations representing both registered and practice nurses working in outpatient settings regarding the design and conduct of the study. ``SEC. 3404. ADJUSTMENT IN REIMBURSEMENT. ``(a) Medicare Reimbursement.--The Secretary shall adjust payments made to hospitals (other than federally operated hospitals) under title XVIII of the Social Security Act in an amount equal to the net amount of additional costs incurred in providing services to Medicare beneficiaries that are attributable to compliance with requirements imposed under sections 3401 through 3403. The amount of such payment adjustments shall take into account recommendations contained in the report submitted by the Medicare Payment Advisory Commission under subsection (c). ``(b) Authorization of Appropriation for Federally Operated Hospitals.--There are authorized to be appropriated such additional sums as are required for federally operated hospitals to comply with the additional requirements established under sections 3401 through 3403. ``(c) MedPAC Report.--Not later than 2 years after the date of the enactment of this title, the Medicare Payment Advisory Commission (established under section 1805 of the Social Security Act) shall submit to Congress and the Secretary a report estimating total costs and savings attributable to compliance with requirements imposed under sections 3401 through 3403. Such report shall include recommendations on the need, if any, to adjust reimbursement for Medicare payments under subsection (a). ``SEC. 3405. WHISTLEBLOWER AND PATIENT PROTECTIONS. ``(a) Professional Obligation and Rights.--All nurses have a duty and right to act based on their professional judgment in accordance with State nursing laws and regulations of the State in which the direct nursing care is being performed and to provide care in the exclusive interests of the patients and to act as the patient's advocate. ``(b) Acceptance of Patient Care Assignments.--The nurse is responsible for providing competent, safe, therapeutic, and effective nursing care to assigned patients. Before accepting a patient assignment, a nurse shall-- ``(1) have the necessary professional knowledge, judgment, skills, and ability to provide the required care; ``(2) determine using professional judgment in accordance with State nursing laws and regulations of the State in which the direct nursing care is being performed whether the nurse is competent to perform the nursing care required; and ``(3) determine whether acceptance of a patient assignment would expose the patient or nurse to risk of harm. ``(c) Objection to or Refusal of Assignment.--A nurse may object to, or refuse to participate in, any activity, policy, practice, assignment, or task if in good faith-- ``(1) the nurse reasonably believes it to be in violation of section 3401 or 3403; or ``(2) the nurse is not prepared by education, training, or experience to fulfill the assignment without compromising the safety of any patient or jeopardizing the license of the nurse. ``(d) Retaliation for Objection to or Refusal of Assignment Barred.-- ``(1) No discharge, discrimination, or retaliation.--No hospital shall discharge, retaliate, discriminate, or otherwise take adverse action in any manner with respect to any aspect of a nurse's employment (as defined in section 3407), including discharge, promotion, compensation, or terms, conditions, or privileges of employment, based on the nurse's refusal of a work assignment under subsection (c). ``(2) No filing of complaint.--No hospital shall file a complaint or a report against a nurse with a State professional disciplinary agency because of the nurse's refusal of a work assignment under subsection (c). ``(e) Cause of Action.--Any nurse, collective bargaining representative, or legal representative of any nurse who has been discharged, discriminated against, or retaliated against in violation of subsection (d)(1) or against whom a complaint or report has been filed in violation of subsection (d)(2) may (without regard to whether a complaint has been filed under subsection (f) of this section or subsection (b) of section 3406) bring a cause of action in a United States district court. A nurse who prevails on the cause of action shall be entitled to one or more of the following: ``(1) Reinstatement. ``(2) Reimbursement of lost wages, compensation, and benefits. ``(3) Attorneys' fees. ``(4) Court costs. ``(5) Other damages. ``(f) Complaint to Secretary.--A nurse, patient, collective bargaining representative, or other individual may file a complaint with the Secretary against a hospital that violates the provisions of this title. For any complaint filed, the Secretary shall-- ``(1) receive and investigate the complaint; ``(2) determine whether a violation of this title as alleged in the complaint has occurred; and ``(3) if such a violation has occurred, issue an order that the complaining nurse or individual shall not suffer any discharge, retaliation, discrimination, or other adverse action prohibited by subsection (d) or subsection (h). ``(g) Toll-Free Telephone Number.-- ``(1) In general.--The Secretary shall provide for the establishment of a toll-free telephone hotline to provide information regarding the requirements under section 3401 through 3403 and to receive reports of violations of such section. ``(2) Notice to patients.--A hospital shall provide each patient admitted to the hospital for inpatient care with the hotline described in paragraph (1), and shall give notice to each patient that such hotline may be used to report inadequate staffing or care. ``(h) Protection for Reporting.-- ``(1) Prohibition on retaliation or discrimination.--A hospital shall not discriminate or retaliate in any manner against any patient, employee, or contract employee of the hospital, or any other individual, on the basis that such individual, in good faith, individually or in conjunction with another person or persons, has presented a grievance or complaint, or has initiated or cooperated in any investigation or proceeding of any governmental entity, regulatory agency, or private accreditation body, made a civil claim or demand, or filed an action relating to the care, services, or conditions of the hospital or of any affiliated or related facilities. ``(2) Good faith defined.--For purposes of this subsection, an individual shall be deemed to be acting in good faith if the individual reasonably believes-- ``(A) the information reported or disclosed is true; and ``(B) a violation of this title has occurred or may occur. ``(i) Prohibition on Interference With Rights.-- ``(1) Exercise of rights.--It shall be unlawful for any hospital to-- ``(A) interfere with, restrain, or deny the exercise, or attempt to exercise, by any person of any right provided or protected under this title; or ``(B) coerce or intimidate any person regarding the exercise or attempt to exercise such right. ``(2) Opposition to unlawful policies or practices.--It shall be unlawful for any hospital to discriminate or retaliate against any person for opposing any hospital policy, practice, or actions which are alleged to violate, breach, or fail to comply with any provision of this title. ``(3) Prohibition on interference with protected communications.--A hospital (or an individual representing a hospital) shall not make, adopt, or enforce any rule, regulation, policy, or practice which in any manner directly or indirectly prohibits, impedes, or discourages a direct care nurse from, or intimidates, coerces, or induces a direct care nurse regarding, engaging in free speech activities or disclosing information as provided under this title. ``(4) Prohibition on interference with collective action.-- A hospital (or an individual representing a hospital) shall not in any way interfere with the rights of nurses to organize, bargain collectively, and engage in concerted activity under section 7 of the National Labor Relations Act (29 U.S.C. 157). ``(j) Notice.--A hospital shall post in an appropriate location in each unit a conspicuous notice in a form specified by the Secretary that-- ``(1) explains the rights of nurses, patients, and other individuals under this section; ``(2) includes a statement that a nurse, patient, or other individual may file a complaint with the Secretary against a hospital that violates the provisions of this title; and ``(3) provides instructions on how to file such a complaint. ``(k) Effective Date.-- ``(1) Refusal; retaliation; cause of action.-- ``(A) In general.--Subsections (c) through (e) shall apply to objections and refusals occurring on or after the effective date of the provision of this title to which the objection or refusal relates. ``(B) Exception.--Subsection (c)(2) shall not apply to objections or refusals in any hospital before the requirements of section 3401(a) or 3403(a), as applicable, apply to that hospital. ``(2) Protections for reporting.--Subsection (h)(1) shall apply to actions occurring on or after the effective date of the provision to which the violation relates, except that such subsection shall apply to initiation, cooperation, or participation in an investigation or proceeding on or after the date of enactment of this title. ``(3) Notice.--Subsection (j) shall take effect 18 months after the date of enactment of this title. ``SEC. 3406. ENFORCEMENT. ``(a) In General.--The Secretary shall enforce the requirements and prohibitions of this title in accordance with this section. ``(b) Procedures for Receiving and Investigating Complaints.--The Secretary shall establish procedures under which-- ``(1) any person may file a complaint alleging that a hospital has violated a requirement or a prohibition of this title; and ``(2) such complaints shall be investigated by the Secretary. ``(c) Remedies.--If the Secretary determines that a hospital has violated a requirement of this title, the Secretary-- ``(1) shall require the facility to establish a corrective action plan to prevent the recurrence of such violation; and ``(2) may impose civil money penalties, as described in subsection (d). ``(d) Civil Penalties.-- ``(1) In general.--In addition to any other penalties prescribed by law, the Secretary may impose civil penalties as follows: ``(A) Hospital liability.--The Secretary may impose on a hospital found to be in violation of this title a civil money penalty of-- ``(i) not more than $25,000 for the first knowing violation of this title by such hospital; and ``(ii) not more than $50,000 for any subsequent knowing violation of this title by such hospital. ``(B) Individual liability.--The Secretary may impose on an individual who-- ``(i) is employed by a hospital found by the Secretary to have violated this title; and ``(ii) knowingly violates this title, a civil money penalty of not more than $20,000 for each such violation by the individual. ``(2) Procedures.--The provisions of section 1128A of the Social Security Act (other than subsections (a) and (b)) shall apply with respect to a civil money penalty or proceeding under this subsection in the same manner as such provisions apply with respect to a civil money penalty or proceeding under such section 1128A. ``(e) Public Notice of Violations.-- ``(1) Internet website.--The Secretary shall publish on the internet website of the Department of Health and Human Services the names of hospitals on which a civil money penalty has been imposed under this section, the violation for which such penalty was imposed, and such additional information as the Secretary determines appropriate. ``(2) Change of ownership.--With respect to a hospital that had a change of ownership, as determined by the Secretary, penalties imposed on the hospital while under previous ownership shall no longer be published by the Secretary pursuant to paragraph (1) after the 1-year period beginning on the date of change of ownership. ``(f) Use of Funds.--Funds collected by the Secretary pursuant to this section are authorized to be appropriated to carry out this title. ``SEC. 3407. DEFINITIONS. ``For purposes of this title: ``(1) Acuity level.--The term `acuity level' means the determination, using a hospital acuity measurement tool that has been developed and established in coordination with direct care registered nurses and made transparent pursuant to section 3401(c)(4), of nursing care requirements, based on the assigned direct care registered nurse's professional judgment of-- ``(A) the severity and complexity of an individual patient's illness or injury; ``(B) the need for specialized equipment; and ``(C) the intensity of nursing interventions required. ``(2) Competence.--The term `competence' or `competent' means the satisfactory application of the duties and responsibilities of a registered nurse in providing nursing care to specific patient populations and for acuity levels for each patient care unit or area pursuant to the State nursing laws and regulations of the State in which the direct nursing care is being performed. ``(3) Direct care licensed practical nurse.--The term `direct care licensed practical nurse' means an individual who has been granted a license by at least one State to practice as a licensed practical nurse or a licensed vocational nurse and who provides bedside care for one or more patients. ``(4) Direct care registered nurse.--The term `direct care registered nurse' means an individual who has been granted a license by at least one State to practice as a registered nurse and who provides bedside care for one or more patients. ``(5) Employment.--The term `employment' includes the provision of services under a contract or other arrangement. ``(6) Hospital.--The term `hospital' has the meaning given that term in section 1861(e) of the Social Security Act, and includes a hospital that is operated by the Department of Veterans Affairs, the Department of Defense, the Indian Health Services Program, or any other department or agency of the United States. ``(7) Nurse.--The term `nurse' means any direct care registered nurse or direct care licensed practice nurse (as the case may be), regardless of whether or not the nurse is an employee. ``(8) Nursing care plan.--The term `nursing care plan' means a plan developed by the assigned direct care registered nurse (in accordance with nursing law in the State in which the nursing care is performed) that indicates the nursing care to be given to individual patients that-- ``(A) considers the acuity level of the patient; ``(B) is developed in coordination with the patient, the patient's family, or other representatives when appropriate, and staff of other disciplines involved in the care of the patient; ``(C) reflects all elements of the nursing process; and ``(D) recommends the number and skill mix of additional licensed and unlicensed direct care staff needed to fully implement the nursing care plan. ``(9) Professional judgment.--The term `professional judgment' means, in accordance with State nursing laws and regulations of the State in which the direct nursing care is being performed, the direct care registered nurse's application of knowledge, expertise, and experience in conducting a comprehensive nursing assessment of each patient and in making independent decisions about patient care including the need for additional staff. ``(10) Staffing plan.--The term `staffing plan' means a staffing plan required under section 3401. ``(11) State of emergency.--The term `state of emergency'-- ``(A) means a state of emergency that is an unpredictable or unavoidable occurrence at an unscheduled or unpredictable interval, relating to health care delivery and requiring immediate medical interventions and care; and ``(B) does not include a state of emergency that results from a labor dispute in the health care industry or consistent understaffing. ``SEC. 3408. RULE OF CONSTRUCTION. ``Nothing in this title shall be construed to authorize disclosure of private and confidential patient information, if such disclosure is not authorized or required by other applicable law.''. (b) Recommendations to Congress.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report containing recommendations for ensuring that sufficient numbers of nurses are available to meet the requirements imposed by title XXXIV of the Public Health Service Act, as added by subsection (a). (c) Report by HRSA.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Administrator of the Health Resources and Services Administration, in consultation with the National Health Care Workforce Commission, shall submit to Congress a report regarding the relationship between nurse staffing levels and nurse retention in hospitals. (2) Updated report.--Not later than 5 years after the date of enactment of this Act, the Administrator of the Health Resources and Services Administration, in consultation with the National Health Care Workforce Commission, shall submit to Congress an update of the report submitted under paragraph (1). SEC. 3. ENFORCEMENT OF REQUIREMENTS THROUGH FEDERAL PROGRAMS. (a) Medicare Program.--Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)) is amended-- (1) in subparagraph (X), by striking ``, and'' and inserting a comma; (2) in subparagraph (Y), by striking the period at the end and inserting ``, and''; and (3) by inserting after the subparagraph (Y) the following new subparagraph: ``(Z) in the case of a hospital, to comply with the provisions of title XXXIV of the Public Health Service Act.''. (b) Medicaid Program.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (1) by striking ``and'' at the end of paragraph (85); (2) by striking the period at the end of paragraph (86) and inserting ``; and''; and (3) by inserting after paragraph (86) the following new paragraph: ``(87) provide that any hospital that receives a payment under such plan comply with the provisions of title XXXIV of the Public Health Service Act (relating to minimum direct care registered nurse staffing requirements).''. (c) Health Benefits Program of the Department of Veterans Affairs.--Section 8110(a) of title 38, United States Code, is amended by adding at the end the following new paragraphs: ``(7) In the case of a Department medical facility that is a hospital, the hospital shall comply with the provisions of title XXXIV of the Public Health Service Act. ``(8) Nothing either in chapter 74 of this title or in section 7106 of title 5 shall preclude enforcement of the provisions of title XXXIV of the Public Health Service Act with respect to a Department hospital through grievance procedures negotiated in accordance with chapter 71 of title 5.''. (d) Health Benefits Program of the Department of Defense.-- (1) In general.--Chapter 55 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1110c. Staffing requirements ``In the case of a facility of the uniformed services that is a hospital, the hospital shall comply with the provisions of title XXXIV of the Public Health Service Act.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1110b the following new item: ``1110c. Staffing requirements.''. (e) Indian Health Services Program.--Title VIII of the Indian Health Care Improvement Act (25 U.S.C. 1671 et seq.) is amended by adding at the end the following new section: ``SEC. 833. STAFFING REQUIREMENTS. ``All hospitals of the Service shall comply with the provisions of title XXXIV of the Public Health Service Act (relating to minimum direct care registered nurse staffing requirements).''. (f) Federal Labor-Management Relations.-- (1) In general.--Section 7106 of title 5, United States Code, is amended by adding at the end the following: ``(c) Nothing in this section shall preclude enforcement of the provisions of title XXXIV of the Public Health Service Act through grievance procedures negotiated in accordance with section 7121.''. (2) Conforming amendment.--Section 7106(a) of title 5, United States Code, is amended by striking ``Subject to subsection (b) of this title,'' and inserting ``Subject to subsections (b) and (c),''. SEC. 4. NURSE WORKFORCE INITIATIVE. (a) Scholarship and Stipend Program.--Section 846(d) of the Public Health Service Act (42 U.S.C. 297n(d)) is amended-- (1) in the section heading, by inserting ``and Stipend'' after ``Scholarship''; and (2) in paragraph (1), by inserting ``or stipends'' after ``scholarships''. (b) Nurse Retention Grants.--Section 831A(b) of the Public Health Service Act (42 U.S.C. 296p-1(b)) is amended-- (1) by striking ``Grants for Career Ladder Program.--'' and inserting ``Grants for Nurse Retention.--''; (2) in paragraph (2), by striking ``; or'' and inserting a semicolon; (3) in paragraph (3), by striking the period and inserting a semicolon; and (4) by adding at the end the following: ``(4) to provide additional support to nurses entering the workforce by implementing nursing preceptorship projects that establish a period of practical and clinical experiences and training for nursing students, newly hired nurses, and recent graduates of a direct care degree program for registered nurses; or ``(5) to implement mentorship projects that assist new or transitional direct care registered nurses in adapting to the hospital setting.''. <all>

Nurse Staffing Standards for Hospital Patient Safety and Quality Care Act of 2021

A bill to amend the Public Health Service Act to establish direct care registered nurse-to-patient staffing ratio requirements in hospitals, and for other purposes.

Nurse Staffing Standards for Hospital Patient Safety and Quality Care Act of 2021

Sen. Brown, Sherrod

D

OH

H.R.2144

Health

Access to Genetic Counselor Services Act of 2021 This bill provides for coverage under Medicare of genetic counseling services that are furnished by genetic counselors. Covered services include those services, as well as incidental services and supplies, that would otherwise be covered under Medicare if provided by a physician.

To amend title XVIII of the Social Security Act to provide for expanded coverage of services furnished by genetic counselors under part B of the Medicare 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 ``Access to Genetic Counselor Services Act of 2021''. SEC. 2. MEDICARE COVERAGE OF GENETIC COUNSELING SERVICES. (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in subsection (s)(2)-- (A) by striking ``and'' at the end of subparagraph (GG); (B) by adding ``and'' at the end of subparagraph (HH); and (C) by adding at the end the following new subparagraph: ``(II) covered genetic counseling services (as defined in subsection (kkk)(1));''; and (2) by adding at the end the following new subsection: ``Covered Genetic Counseling Services ``(kkk)(1) The term ``covered genetic counseling services'' means genetic counseling services furnished by a genetic counselor (as defined in paragraph (2)) (and such services and supplies furnished as an incident to the provision of such services) as would otherwise be covered under this title if furnished by a physician (or as incident to a physician's service). ``(2) The term `genetic counselor' means an individual who-- ``(A) is licensed as a genetic counselor by the State in which the individual furnishes genetic counseling services; or ``(B) in the case of an individual practicing in a State that does not license genetic counselors, meets such other criteria as the Secretary establishes. The provisions of this paragraph shall not be construed as preventing other practitioners, including those providing telehealth services, from providing covered genetic counseling services within the scope of their practice.''. (b) Physicians' Services.--Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(2)(II),'' after ``(2)(FF) (including administration of the health risk assessment),''. (c) Payment.-- (1) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and (CC)'' and inserting ``(CC)''; and (B) by inserting before the semicolon at the end the following: ``, and (DD) with respect to covered genetic counseling services under section 1861(s)(2)(II), furnished by a genetic counselor, the amount of payment for such service shall be an amount equal to 85 percent of the lesser of the actual charge for the services or the amount determined under the fee schedule established under section 1848(b) for the same services if furnished by a physician''. (2) Modifier.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(x) Use of Modifier With Respect to Genetic Counseling Services.-- ``(1) Establishment.--Not later than January 1, 2022, the Secretary shall establish a modifier to be utilized with evaluation and management CPT codes to indicate (in a form and manner specified by the Secretary), in the case of covered genetic counseling services under section 1861(s)(2)(II), if such services were furnished by a genetic counselor. ``(2) Required use.--Each request for payment, or bill submitted using evaluation and management CPT codes, for covered genetic counseling services (as defined in section 1861(kkk)(1)) furnished by a genetic counselor (as defined in section 1861(kkk)(2)) on or after January 1, 2022, shall include the modifier established under subparagraph (A) for each such service.''. (d) Assignment of Payment.--Section 1833(r) of the Social Security Act (42 U.S.C. 1395l(r)) is amended by adding at the end the following new paragraph: ``(3) Application to genetic counselors.--The provisions of paragraphs (1) and (2) shall apply with respect to covered genetic counseling services described in section 1861(s)(2)(II) and genetic counselors (as defined in section 1861(kkk)(2)) in the same manner as such provisions apply with respect to services described in section 1861(s)(2)(K)(ii) and nurse practitioners.''. (e) Conforming Amendment.--Section 1862(a)(14) of the Social Security Act (42 U.S.C. 1395(y)(a)(14)) is amended by inserting ``covered genetic counseling services,'' after ``qualified psychologist services,''. (f) Effective Date.-- (1) In general.--The amendments made by this section shall apply to services furnished on or after January 1, 2022. (2) Implementation.--The Secretary of Health and Human Services may implement the amendments made by this section by interim final rule with comment period. <all>

Access to Genetic Counselor Services Act of 2021

To amend title XVIII of the Social Security Act to provide for expanded coverage of services furnished by genetic counselors under part B of the Medicare program, and for other purposes.

Access to Genetic Counselor Services Act of 2021

Rep. Higgins, Brian

D

NY

H.R.5151

Armed Forces and National Security

Col. James Floyd Turner IV U.S.M.C. GI Bill Transfer Act of 2021 This bill provides procedures for the transfer of a Post-GI Bill educational assistance entitlement in situations where an eligible individual dies after the approval of the transfer but before the entire entitlement is transferred. Specifically, the remaining entitlement must be transferred evenly between the designated transferees.

To amend title 38, United States Code, to provide for the transfer of entitlement to educational assistance under Post-9/11 Educational Assistance Program of Department of Veterans Affairs when an eligible individual dies after approval of transfer and before transferring all of the individual's entitlement, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Col. James Floyd Turner IV U.S.M.C. GI Bill Transfer Act of 2021''. SEC. 2. TRANSFER OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE UNDER POST-9/ 11 EDUCATIONAL ASSISTANCE PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Paragraph (4) of section 3319(h) of title 38, United States Code, is amended to read as follows: ``(4) Death of transferor.-- ``(A) In general.--The death of an individual transferring an entitlement under this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred. ``(B) Death prior to designation of transferee.--In the case of an eligible individual whom the Secretary has approved to transfer the individual's entitlement under this section who, at the time of death, is entitled to educational assistance under this chapter and has designated a transferee or transferees under subsection (e) but has not transferred all of such entitlement to such transferee or transferees, the Secretary shall transfer the entitlement of the individual under this section by evenly distributing the amount of such entitlement between all such transferees, notwithstanding the limitations under subsection (f).''. (b) Applicability.--Paragraph (4)(B) of section 3319(h) of title 38, United States Code, shall apply with respect to an eligible individual who dies on or after November 1, 2018. <all>

Col. James Floyd Turner IV U.S.M.C. GI Bill Transfer Act of 2021

To amend title 38, United States Code, to provide for the transfer of entitlement to educational assistance under Post-9/11 Educational Assistance Program of Department of Veterans Affairs when an eligible individual dies after approval of transfer and before transferring all of the individual's entitlement, and for other purposes.

Col. James Floyd Turner IV U.S.M.C. GI Bill Transfer Act of 2021

Rep. Bilirakis, Gus M.

R

FL

H.R.2936

Crime and Law Enforcement

Protecting America's First Responders Act of 2021 This bill makes changes to the Public Safety Officers' Benefits (PSOB) program. The PSOB program provides death, disability, and education benefits to public safety officers and survivors of public safety officers who are killed in the line of duty or permanently disabled as a result of catastrophic injuries sustained in the line of duty. Among the changes, the bill

To amend the Omnibus Crime Control and Safe Streets Act of 1968 with respect to payments to certain public safety officers who have become permanently and totally disabled as a result of personal injuries sustained in the line of duty, and for other purposes. Be it enacted by the Senate 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 America's First Responders Act of 2021''. SEC. 2. PAYMENT OF DEATH AND DISABILITY BENEFITS UNDER PUBLIC SAFETY OFFICERS' DEATH BENEFITS PROGRAM. Section 1201 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281) is amended-- (1) in subsection (a), by striking ``the Bureau shall pay a benefit of $250,000, adjusted in accordance with subsection (h)'' and inserting ``a benefit of $250,000, adjusted in accordance with subsection (h), and calculated in accordance with subsection (i), shall be payable by the Bureau''; (2) in subsection (b)-- (A) by striking ``the Bureau shall pay the same benefit'' and inserting ``a benefit shall be payable''; (B) by striking ``that is payable under subsection (a) with respect to the date on which the catastrophic injury occurred,'' and inserting ``in the same amount that would be payable, as of the date such injury was sustained (including''; (C) by inserting ``, and calculated in accordance with subsection (i)), if such determination were a determination under subsection (a)'' before ``: Provided, That''; and (D) by striking ``necessary:'' and all that follows and inserting ``necessary.''; (3) in subsection (c), by striking ``$3,000'' and inserting ``$6,000, adjusted in accordance with subsection (h),''; (4) in subsection (h), by striking ``subsection (a)'' and inserting ``subsections (a) and (b) and the level of the interim benefit payable immediately before such October 1 under subsection (c)''; (5) by striking subsection (i) and inserting the following: ``(i) The amount payable under subsections (a) and (b), with respect to the death or permanent and total disability of a public safety officer, shall be the greater of-- ``(1) the amount payable under the relevant subsection as of the date of death or the catastrophic injury of the public safety officer; or ``(2) in any case in which the claim filed thereunder has been pending for more than 365 days at the time of final determination by the Bureau, the amount that would be payable under the relevant subsection if the death or the catastrophic injury of the public safety officer had occurred on the date on which the Bureau makes such final determination.''; and (6) in subsection (m), by inserting ``, (b),'' after ``subsection (a)''. SEC. 3. DEFINITIONS WITH RESPECT TO PUBLIC SAFETY OFFICERS' DEATH BENEFITS PROGRAM. Section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284) is amended-- (1) by redesignating paragraphs (1), (2), (3), (4), (5), (6), (7), (8), and (9) as paragraphs (4), (5), (6), (7), (8), (9), (10), (13), and (14), respectively; (2) by striking paragraph (4), as so redesignated, and inserting: ``(4) `catastrophic injury' means an injury, the direct and proximate result of which is to permanently render an individual functionally incapable (including through a directly and proximately resulting neurocognitive disorder), based on the state of medicine on the date on which the claim is determined by the Bureau, of performing work, including sedentary work: Provided, That, if it appears that a claimant may be functionally capable of performing work-- ``(A) the Bureau shall disregard work where any compensation provided is de-minimis, nominal, honorary, or mere reimbursement of incidental expenses, such as-- ``(i) work that involves ordinary or simple tasks, that because of the claimed disability, the claimant cannot perform without significantly more supervision, accommodation, or assistance than is typically provided to an individual without the claimed disability doing similar work; ``(ii) work that involves minimal duties that make few or no demands on the claimant and are of little or no economic value to the employer; or ``(iii) work that is performed primarily for therapeutic purposes and aids the claimant in the physical or mental recovery from the claimed disability; and ``(B) the claimant shall be presumed, absent clear and convincing medical evidence to the contrary as determined by the Bureau, to be functionally incapable of performing such work if the direct and proximate result of the injury renders the claimant-- ``(i) blind; ``(ii) parapalegic; or ``(iii) quadriplegic;''; (3) in paragraph (6), as so redesignated, by striking ``as of the date of the public safety officer's fatal or catastrophic injury'' and inserting ``at the time of the public safety officer's death or fatal injury (in connection with any claim predicated upon such death or injury) or the date of the public safety officer's catastrophic injury or of the final determination by the Bureau of any claim predicated upon such catastrophic injury''; (4) in paragraph (7), as so redesignated, by inserting ``, including an individual who, as such a member, engages in scene security or traffic management as the primary or only duty of the individual during emergency response'' before the semicolon; and (5) in paragraph (9), as so redesignated by striking ``delinquency).,'' and inserting ``delinquency),''; (6) in paragraph (13), as so redesignated, by inserting ``, and includes (as may be prescribed by regulation hereunder) a legally organized volunteer fire department that is a nonprofit entity and provides services without regard to any particular relationship (such as a subscription) a member of the public may have with such a department'' before the semicolon; (7) in paragraph (14), as so redesignated,-- (A) by striking subparagraph (A) and inserting: ``(A) an individual serving a public agency in an official capacity, with or without compensation, as a law enforcement officer, as a firefighter, or as a chaplain: Provided, That (notwithstanding section 1205(b)(2) or (3)) the Bureau shall, absent clear and convincing evidence to the contrary as determined by the Bureau, deem the actions outside of jurisdiction taken by any such law enforcement officer or firefighter, to have been taken while serving such public agency in such capacity, in any case in which the principal legal officer of such public agency, and the head of such agency, together, certify that such actions-- ``(i) were not unreasonable; ``(ii) would have been within the authority and line of duty of such law enforcement officer or such firefighter to take, had they been taken in a jurisdiction where such law enforcement officer or firefighter was authorized to act, in the ordinary course, in an official capacity; and ``(iii) would have resulted in the payment of full line-of-duty death or disability benefits (as applicable), if any such benefits typically were payable by (or with respect to or on behalf of) such public agency, as of the date the actions were taken;''; (B) by redesignating subparagraphs (B), (C), (D), and (E) as subparagraphs (C), (D), (E), and (F), respectively; (C) by inserting after subparagraph (A), the following new subparagraph: ``(B) a candidate officer who is engaging in an activity or exercise that itself is a formal or required part of the program in which the candidate officer is enrolled or admitted, as provided in this section;''; and (D) by striking subparagraph (E), as so redesignated, and inserting the following: ``(E) a member of a rescue squad or ambulance crew who, as authorized or licensed by law and by the applicable agency or entity, is engaging in rescue activity or in the provision of emergency medical services: Provided, That (notwithstanding section 1205(b)(2) or (3)) the Bureau shall, absent clear and convincing evidence to the contrary as determined by the Bureau, deem the actions outside of jurisdiction taken by any such member to have been thus authorized or licensed, in any case in which the principal legal officer of such agency or entity, and the head of such agency or entity together, certify that such actions-- ``(i) were not unreasonable; ``(ii) would have been within the authority and line of duty of such member to take, had they been taken in a jurisdiction where such member was authorized or licensed by law and by a pertinent agency or entity to act, in the ordinary course; and ``(iii) would have resulted in the payment of full line-of-duty death or disability benefits (as applicable), if any such benefits typically were payable by (or with respect to or on behalf of) such applicable agency or entity, as of the date the action was taken;''; (8) by inserting before paragraph (4), as so redesignated, the following new paragraphs: ``(1) `action outside of jurisdiction' means an action, not in the course of any compensated employment involving either the performance of public safety activity or the provision of security services, by a law enforcement officer, firefighter, or member of a rescue squad or ambulance crew that-- ``(A) was taken in a jurisdiction where-- ``(i) the law enforcement officer or firefighter then was not authorized to act, in the ordinary course, in an official capacity; or ``(ii) the member of a rescue squad or ambulance crew then was not authorized or licensed to act, in the ordinary course, by law or by the applicable agency or entity; ``(B) then would have been within the authority and line of duty of-- ``(i) a law enforcement officer or a firefighter to take, who was authorized to act, in the ordinary course, in an official capacity, in the jurisdiction where the action was taken; or ``(ii) a member of a rescue squad or ambulance crew to take, who was authorized or licensed by law and by a pertinent agency or entity to act, in the ordinary course, in the jurisdiction where the action was taken; and ``(C) was, in an emergency situation that presented an imminent and significant danger or threat to human life or of serious bodily harm to any individual, taken-- ``(i) by a law enforcement officer-- ``(I) to prevent, halt, or respond to the immediate consequences of a crime (including an incident of juvenile delinquency); or ``(II) while engaging in a rescue activity or in the provision of emergency medical services; or ``(ii) by a firefighter-- ``(I) while engaging in fire suppression; or ``(II) while engaging in a rescue activity or in the provision of emergency medical services; or ``(iii) by a member of a rescue squad or ambulance crew, while engaging in a rescue activity or in the provision of emergency medical services; ``(2) `candidate officer' means an individual who is enrolled or admitted, as a cadet or trainee, in a formal and officially established program of instruction or of training (such as a police or fire academy) that is specifically intended to result upon completion, in the-- ``(A) commissioning of such individual as a law enforcement officer; ``(B) conferral upon such individual of official authority to engage in fire suppression (as an officer or employee of a public fire department or as an officially recognized or designated member of a legally organized volunteer fire department); or ``(C) granting to such individual official authorization or license to engage in a rescue activity, or in the provision of emergency medical services, as a member of a rescue squad, or as a member of an ambulance crew that is (or is a part of) the agency or entity that is sponsoring the individual's enrollment or admission; ``(3) `blind' means an individual who has central visual acuity of 20/200 or less in the better eye with the use of a correcting lens or whose eye is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees;''; and (9) in the matter following paragraph (10), as so redesignated, by inserting the following new paragraphs: ``(11) `neurocognitive disorder' means a disorder that is characterized by a clinically significant decline in cognitive functioning and may include symptoms and signs such as disturbances in memory, executive functioning (that is, higher- level cognitive processes, such as, regulating attention, planning, inhibiting responses, decision-making), visual- spatial functioning, language, speech, perception, insight, judgment, or an insensitivity to social standards; and ``(12) `sedentary work' means work that-- ``(A) involves lifting articles weighing no more than 10 pounds at a time or occasionally lifting or carrying articles such as docket files, ledgers, or small tools; and ``(B) despite involving sitting on a regular basis, may require walking or standing on an occasional basis.''. SEC. 4. DUE DILIGENCE IN PAYING BENEFIT CLAIMS UNDER PUBLIC SAFETY OFFICERS' DEATH BENEFITS PROGRAM. Section 1206(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10288(b)) is amended by striking ``the Bureau may not'' and all that follows and inserting the following: ``the Bureau-- ``(1) may use available investigative tools, including subpoenas, to-- ``(A) adjudicate or to expedite the processing of the benefit claim, if the Bureau deems such use to be necessary to adjudicate or conducive to expediting the adjudication of such claim; and ``(B) obtain information or documentation from third parties, including public agencies, if the Bureau deems such use to be necessary to adjudicate or conducive to expediting the adjudication of a claim; and ``(2) may not abandon the benefit claim unless the Bureau has used investigative tools, including subpoenas, to obtain the information or documentation deemed necessary to adjudicate such claim by the Bureau under subparagraph (1)(B).''. SEC. 5. EDUCATIONAL ASSISTANCE TO DEPENDENTS OF CERTAIN PUBLIC SAFETY OFFICERS. Section 1216(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10306(b)) is amended, in the first sentence, by striking ``may'' and inserting ``shall (unless prospective assistance has been provided)''. SEC. 6. TECHNICAL CORRECTION. Section 1205(e)(3)(B) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10285(e)(3)(B)) is amended by striking ``subparagraph (B)(ix)'' and inserting ``subparagraph (I)''. SEC. 7. SUBPOENA POWER. Section 806 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10225) is amended-- (1) by inserting ``Attorney General, the'' before the ``Bureau of Justice Assistance''; (2) by striking ``may appoint'' and inserting ``may appoint (to be assigned or employed on an interim or as-needed basis) such hearing examiners (who shall, if so designated by the Attorney General, be understood to be comprised within the meaning of ``special government employee'' under section 202 of title 18, United States Code)''; (3) by striking ``under this chapter. The'' and inserting ``or other law. The Attorney General, the''; and (4) by inserting ``conduct examinations'' after ``examine witnesses,''. SEC. 8. EFFECTIVE DATE; APPLICABILITY. (a) In General.--Except as otherwise provided in this section, the amendments made by this Act shall take effect on the date of enactment of this Act. (b) Applicability.-- (1) Certain injuries.--The amendments made to paragraphs (2) and (7) of section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284) shall apply with respect to injuries occurring on or after January 1, 2008. (2) Matters pending.--Except as provided in paragraph (1), the amendments made by this Act shall apply to any matter pending, before the Bureau or otherwise, on the date of enactment of this Act, or filed (consistent with pre-existing effective dates) or accruing after that date. (c) Effective Date for WTC Responders.-- (1) Certain new claims.--Not later than two years after the effective date of this Act, a WTC responder may file a claim, under section 1201(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281(b)), that is predicated on a personal injury sustained in the line of duty by such responder as a result of the September 11, 2001, attacks, where-- (A) no claim under such section 1201(b) so predicated has previously been filed; or (B) a claim under such section 1201(b) so predicated had previously been denied, in a final agency determination, on the basis (in whole or in part) that the claimant was not totally disabled. (2) Claims for a deceased wtc responder.--Not later than two years after the effective date of this Act, a claim may be filed, constructively under section 1201(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281(a)), where a WTC responder who otherwise could have filed a claim pursuant to paragraph (1) has died before such effective date (or dies not later than 365 days after such effective date), or where a WTC responder has filed such a claim but dies while it is pending before the Bureau: Provided, That-- (A) no claim under such section 1201(a) otherwise shall have been filed, or determined, in a final agency determination; and (B) if it is determined, in a final agency determination, that a claim under such paragraph (1) would have been payable had the WTC responder not died, then the WTC responder shall irrebutably be presumed (solely for purposes of determining to whom benefits otherwise pursuant to such paragraph (1) may be payable under the claim filed constructively under such section 1201(a)) to have died as the direct and proximate result of the injury on which the claim under such paragraph (1) would have been predicated. (3) Difference in benefit pay.--In the event that a claim under section 1201(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281(b)) and predicated on an injury sustained in the line of duty by a WTC responder as a result of the September 11, 2001, attacks was approved, in a final agency determination, before the effective date of this Act, the Bureau shall, upon application filed (not later than three years after such effective date of this Act) by the payee (or payees) indicated in subparagraphs (A) or (B), pay a bonus in the amount of the difference (if any) between the amount that was paid pursuant to such determination and the amount that would have been payable had the amendments made by this Act, other than those indicated in subsection (b)(1), been in effect on the date of such determination-- (A) to the WTC responder, if living on the date the application is determined, in a final agency determination; or (B) if the WTC responder is not living on the date indicated in subparagraph (A), to the individual (or individuals), if living on such date, to whom benefits would have been payable on such date under section 1201(a) of such title I (34 U.S.C. 10281(a)) had the application been, instead, a claim under such section 1201(a). (4) Special limited rule of construction.--A claim filed pursuant to paragraph (1) or (2) shall be determined as though the date of catastrophic injury of the public safety officer were the date of enactment of this Act, for purposes of determining the amount that may be payable. <all>

Protecting America’s First Responders Act of 2021

To amend the Omnibus Crime Control and Safe Streets Act of 1968 with respect to payments to certain public safety officers who have become permanently and totally disabled as a result of personal injuries sustained in the line of duty, and for other purposes.

Protecting America’s First Responders Act of 2021

Rep. Pascrell, Bill, Jr.

D

NJ

H.R.3387

Labor and Employment

Financial Factors in Selecting Retirement Plan Investments Act This bill permits fiduciaries of employer-sponsored retirement plans to consider environmental, social, governance, or similar factors when making investment decisions. It also nullifies the rule published by the Employee Benefits Security Administration on November 13, 2020, that requires fiduciaries to select investments and investment courses of action based solely on financial considerations.

To amend the Employee Retirement Income Security Act of 1974 to permit retirement plans to consider certain factors in investment decisions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Factors in Selecting Retirement Plan Investments Act''. SEC. 2. ERISA AMENDMENTS. (a) In General.--Subsection (a) of section 404 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104) is amended by adding at the end the following new paragraph: ``(3)(A) Provided that a fiduciary discharges the fiduciary's duties with respect to a plan in a manner otherwise consistent with this subsection, a fiduciary may-- ``(i) consider environmental, social, governance, or similar factors, in connection with carrying out an investment decision, strategy, or objective, or other fiduciary act; and ``(ii) consider collateral environmental, social, governance, or similar factors as tie-breakers when competing investments can reasonably be expected to serve the plan's economic interests equally well with respect to expected return and risk over the appropriate time horizon. ``(B) In a case described in clause (i) or (ii) of subparagraph (A), a fiduciary shall not be required to maintain any greater documentation, substantiation, or other justification of the fiduciary's actions relating to such fiduciary act than is otherwise required under this part. ``(C) Nothing in this part shall preclude an investment selected in accordance with clause (i) or (ii) of subparagraph (A) from being treated as a default investment or a component of such a default investment (as described in regulations issued by the Secretary under subsection (c)(5)(A)), if such investment would otherwise qualify for such treatment under such regulations.''. (b) Effect on Regulations.--The rule entitled ``Financial Factors in Selecting Plan Investments'', published by the Employee Benefits Security Administration of the Department of Labor on November 13, 2020 (85 Fed. Reg. 72846), shall cease to have force or effect on the date of enactment of this Act. <all>

Financial Factors in Selecting Retirement Plan Investments Act

To amend the Employee Retirement Income Security Act of 1974 to permit retirement plans to consider certain factors in investment decisions.

Financial Factors in Selecting Retirement Plan Investments Act

Rep. DelBene, Suzan K.

D

WA

H.R.4700

Armed Forces and National Security

Transition for Success Act This bill allows members of the reserve components of the Armed Forces to participate in the Department of Defense's Skillbridge program, which provides job training to service members who are transitioning into civilian life.

To amend title 10, United States Code, to authorize members of the reserve components of the Armed Forces to participate in the Skillbridge program of the Department of Defense. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Transition for Success Act''. SEC. 2. PARTICIPATION OF MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED FORCES IN THE SKILLBRIDGE PROGRAM. Section 1143(e)(2) of title 10, United States Code, is amended to read as follows: ``(2) A member of the armed forces is eligible for a program under this subsection if-- ``(A) the member-- ``(i) has completed at least 180 days on active duty in the armed forces; and ``(ii) is expected to be discharged or released from active duty in the armed forces within 180 days of the date of commencement of participation in such a program; or ``(B) the member is a member of a reserve component.''. <all>

Transition for Success Act

To amend title 10, United States Code, to authorize members of the reserve components of the Armed Forces to participate in the Skillbridge program of the Department of Defense.

Transition for Success Act

Rep. Axne, Cynthia

D

IA

H.R.7179

Crime and Law Enforcement

Protecting Girls with Turner Syndrome Act of 2022 This bill creates new federal crimes related to the performance of an abortion on an unborn child who has Turner syndrome. It subjects a violator to criminal penalties—a fine, a prison term of up to five years, or both. It also authorizes civil remedies, including damages and injunctive relief. A woman who undergoes such an abortion may not be prosecuted or held civilly liable.

To amend title 18, United States Code, to prohibit discrimination by abortion against an unborn child on the basis of Turner syndrome. Be it enacted by the Senate 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 Girls with Turner Syndrome Act of 2022''. SEC. 2. DISCRIMINATION BY ABORTION AGAINST AN UNBORN CHILD ON THE BASIS OF TURNER SYNDROME PROHIBITED. (a) In General.--Chapter 13 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 250. Discrimination by abortion against an unborn child on the basis of Turner syndrome prohibited ``(a) Definitions.--In this section: ``(1) Abortion.--The term `abortion' means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to-- ``(A) kill the unborn child of a woman known to be pregnant; or ``(B) terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(i) to produce a live birth and preserve the life and health of the child born alive; ``(ii) to save the life of the pregnant woman; or ``(iii) to remove a dead unborn child. ``(2) Turner syndrome.--The term `Turner syndrome' means a chromosomal disorder associated with-- ``(A) a missing X chromosome; or ``(B) a partially missing X chromosome. ``(3) Qualified plaintiff.--The term `qualified plaintiff' means-- ``(A) a woman upon whom an abortion is performed or attempted in violation of this section; ``(B) a maternal grandparent of the unborn child if the woman upon whom an abortion is performed or attempted in violation of this section is an unemancipated minor; ``(C) the father of an unborn child who is the subject of an abortion performed or attempted in violation of this section unless the pregnancy or abortion resulted from the criminal conduct of the father; or ``(D) the Attorney General. ``(4) Unborn child.--The term `unborn child' means an individual of the species homo sapiens from the beginning of the biological development of that individual, including fertilization, until the point of being born alive, as defined in section 8(b) of title 1. ``(b) Offense.--It shall be unlawful to-- ``(1) perform an abortion-- ``(A) with the knowledge that a pregnant woman is seeking an abortion, in whole or in part, on the basis of-- ``(i) a test result indicating that the unborn child has Turner syndrome; ``(ii) a prenatal diagnosis that the unborn child has Turner syndrome; or ``(iii) any other reason to believe that the unborn child has or may have Turner syndrome; or ``(B) without first-- ``(i) asking the pregnant woman if she is aware of any test results, prenatal diagnosis, or any other evidence that the unborn child has or may have Turner syndrome; and ``(ii) if the woman is aware that the unborn child has or may have Turner syndrome, informing the pregnant woman of the prohibitions on abortion under this section; ``(2) use force or the threat of force to intentionally injure or intimidate any person for the purpose of coercing an abortion described in paragraph (1)(A); ``(3) solicit or accept funds for the performance of an abortion described in paragraph (1)(A); or ``(4) knowingly transport a woman into the United States or across a State line for the purpose of obtaining an abortion described in paragraph (1)(A). ``(c) Criminal Penalty.--Any person that violates, or attempts to violate, subsection (b) shall be fined under this title, imprisoned not more than 5 years, or both. ``(d) Civil Remedies.-- ``(1) Civil action by woman on whom abortion is performed.--A woman upon whom an abortion has been performed or attempted in violation of subsection (b)(2) may bring a civil action in an appropriate court against any person who engaged in a violation of subsection (b)(2) to obtain appropriate relief. ``(2) Civil action by relatives.-- ``(A) In general.--Except as provided in subparagraph (B), the father of an unborn child who is the subject of an abortion performed or attempted in violation of subsection (b), or a maternal grandparent of the unborn child if the pregnant woman is an unemancipated minor, may bring a civil action in an appropriate court against any person who engaged in the violation to obtain appropriate relief. ``(B) Exceptions.--Subparagraph (A) shall not apply if-- ``(i) the pregnancy or abortion resulted from the criminal conduct of the plaintiff described in subparagraph (A); or ``(ii) the plaintiff described in subparagraph (A) consented to the abortion. ``(3) Appropriate relief.--Appropriate relief in a civil action under this subsection includes-- ``(A) objectively verifiable money damages for all injuries, psychological and physical, including loss of companionship and support, occasioned by the violation of this section; and ``(B) punitive damages. ``(4) Injunctive relief.--A qualified plaintiff may bring a civil action in an appropriate court to obtain injunctive relief to prevent an abortion provider from performing or attempting further abortions in violation of this section. ``(5) Attorney's fees for plaintiff.--The court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this subsection. ``(e) Bar to Prosecution.--A woman upon whom an abortion is performed may not be prosecuted or held civilly liable for any violation of this section or for a conspiracy to violate this section. ``(f) Loss of Federal Funding.--A violation of subsection (b) shall be deemed discrimination for the purposes of section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). ``(g) Reporting Requirement.-- ``(1) In general.--A physician, physician's assistant, nurse, counselor, or other medical or mental health professional shall report known or suspected violations of any of this section to appropriate law enforcement authorities. ``(2) Criminal penalty.--Any person who violates paragraph (1) shall be fined under this title, imprisoned not more than 1 year, or both. ``(h) Expedited Consideration.--It shall be the duty of the district courts of the United States, the courts of appeals of the United States, and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under this section. ``(i) Protection of Privacy in Court Proceedings.-- ``(1) In general.--Except to the extent the Constitution of the United States or other similarly compelling reason requires, in every civil or criminal action under this section, the court shall make such orders as are necessary to protect the anonymity of any woman upon whom an abortion has been performed or attempted if she does not give her written consent to such disclosure. Such orders may be made upon motion, but shall be made sua sponte if not otherwise sought by a party. ``(2) Orders to parties, witnesses, and counsel.--The court shall issue appropriate orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the identity of a woman described in paragraph (1) from public disclosure. ``(3) Pseudonym required.--In the absence of written consent of the woman upon whom an abortion has been performed or attempted, any party, other than a public official, who brings an action under this section shall do so under a pseudonym. ``(4) Limitation.--This subsection may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant.''. (b) Clerical Amendment.--The table of sections of chapter 13 of title 18, United States Code, is amended by adding at the end the following: ``250. Discrimination by abortion against an unborn child on the basis of Turner syndrome prohibited.''. SEC. 3. SEVERABILITY. If any portion of this Act, or the amendments made by this Act, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the portions or applications of this Act which can be given effect without the invalid portion or application. <all>

Protecting Girls with Turner Syndrome Act of 2022

To amend title 18, United States Code, to prohibit discrimination by abortion against an unborn child on the basis of Turner syndrome.

Protecting Girls with Turner Syndrome Act of 2022

Rep. Feenstra, Randy

R

IA

S.4292

Finance and Financial Sector

Small Business Audit Correction Act of 2022 This bill exempts certain privately held, noncustody brokers and dealers in good standing from specified audit report requirements of the Public Company Accounting Oversight Board.

To amend the Sarbanes-Oxley Act of 2002 to exclude the audits of privately held, non-custody brokers and dealers that are in good standing from certain requirements under title I of that Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Audit Correction Act of 2022''. SEC. 2. EXEMPTION. (a) Amendments to the Sarbanes-Oxley Act of 2002.--Section 110 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7220) is amended-- (1) in paragraph (3), by inserting ``, except that the term does not include a non-custody broker or dealer that is privately held and in good standing'' after ``registered public accounting firm''; (2) in paragraph (4), by inserting ``, except that the term does not include a non-custody broker or dealer that is privately held and in good standing'' after ``registered public accounting firm''; (3) by redesignating paragraphs (5) and (6) as paragraphs (8) and (9), respectively; and (4) by inserting after paragraph (4) the following: ``(5) In good standing.--The term `in good standing' means, with respect to a broker or dealer (as those terms are defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))), that, as of the last day of the most recently completed fiscal year of the broker or dealer, as applicable, the broker or dealer-- ``(A) is registered with the Commission; ``(B) is a member of an association that is registered as a national securities association under section 15A of the Securities Exchange Act of 1934 (15 U.S.C. 78o-3); ``(C) is compliant with the minimum dollar net capital requirements under section 240.15c3-1 of title 17, Code of Federal Regulations, or any successor regulation; ``(D) has not, during the 10-year period preceding that date, been convicted of a felony under Federal or State law; ``(E) does not have a person associated with the broker or dealer, as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)), that, during the 10-year period preceding that date, has been convicted of a felony for fraudulent conduct under Federal or State law; and ``(F) is not subject to statutory disqualification by reason of being-- ``(i) expelled or suspended from-- ``(I) an association that is registered as described in subparagraph (B); or ``(II) an association that is registered as a registered futures association under section 17 of the Commodity Exchange Act (7 U.S.C. 21); ``(ii) subject to an order of the Commission, other appropriate regulatory agency, or foreign financial regulatory authority denying, suspending, or revoking the registration of the broker or dealer as a regulated entity; ``(iii) subject to an order of the Commodity Futures Trading Commission, or other appropriate regulatory entity, denying, suspending, or revoking the registration of the broker or dealer under the Commodity Exchange Act (7 U.S.C. 1 et seq.) or the authority of the broker or dealer to engage in any transaction; or ``(iv) subject to a restraining order entered by a court. ``(6) Non-custody broker or dealer.--The term `non-custody broker or dealer' means a broker or dealer (as those terms are defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))), as applicable, that-- ``(A) as of the last day of the most recently completed fiscal year of the broker or dealer-- ``(i) has not less than 1 and not more than 150 persons registered with an association that is registered as a national securities association under section 15A of the Securities Exchange Act of 1934 (15 U.S.C. 78o-3); ``(ii) is not a high frequency trading broker or dealer, as that term is defined by the Commission with respect to a particular registered firm type; and ``(iii) is not affiliated with an investment adviser that-- ``(I) is registered with the Commission or a State entity; and ``(II) acts as a custodian for customer assets; ``(B) with respect to the average of the 3 most recently completed fiscal years of the broker or dealer, has gross revenue that enables the broker or dealer to qualify as a small business concern for the purposes of a program administered by the Small Business Administration; and ``(C) throughout the most recently completed fiscal year of the broker or dealer-- ``(i) does not, as a matter of ordinary business practice in connection with the activities of the broker or dealer, receive customer checks, drafts, or other evidence of indebtedness made payable to the broker or dealer; ``(ii) if required under section 3(a)(2) of the Securities Investor Protection Act of 1970 (15 U.S.C. 78ccc(a)(2)), is a member of the Securities Investor Protection Corporation; and ``(iii) either-- ``(I) if the broker or dealer is subject to section 240.15c3-3 of title 17, Code of Federal Regulations, or any successor regulation, is in compliance with that section; or ``(II) is not subject to such section 240.15c3-3, or any successor regulation, because the broker or dealer does not maintain custody over customer securities or cash. ``(7) Privately held.--The term `privately held' means, with respect to a broker or dealer (as those terms are defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))), that the broker or dealer, as applicable, is not an issuer.''. (b) Amendments to Regulations.-- (1) Definitions.--In this subsection, the terms ``in good standing'', ``non-custody broker or dealer'', and ``privately held'' have the meanings given the terms in section 110 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7220), as amended by subsection (a). (2) Amendments.--Not later than 180 days after the date of enactment of this Act, the Securities and Exchange Commission shall make any necessary amendments to regulations of the Commission that are in effect as of the date of enactment of this Act in order to-- (A) carry out this Act and the amendments made by this Act; and (B) exclude the auditors of non-custody brokers or dealers that are privately held and in good standing from the audit requirements of the Public Company Accounting Oversight Board. (c) Effective Date.--This Act, and the amendments made by this Act, shall take effect on the date that is 180 days after the date of enactment of this Act. <all>

Small Business Audit Correction Act of 2022

A bill to amend the Sarbanes-Oxley Act of 2002 to exclude the audits of privately held, non-custody brokers and dealers that are in good standing from certain requirements under title I of that act, and for other purposes.

Small Business Audit Correction Act of 2022

Sen. Cotton, Tom

R

AR

H.R.6617

Economics and Public Finance

Further Additional Extending Government Funding Act This bill provides continuing FY2022 appropriations for federal agencies and extends several expiring authorities. Specifically, the bill provides continuing FY2022 appropriations to federal agencies through the earlier of March 11, 2022, or the enactment of the applicable appropriations act. It is known as a continuing resolution (CR) and prevents a government shutdown that would otherwise occur if the FY2022 appropriations bills have not been enacted when the existing CR expires on February 18, 2022. The CR funds most programs and activities at the FY2021 levels with several exceptions that provide funding flexibility or additional appropriations for various programs. For example, the CR includes provisions that address In addition, the bill extends several expiring authorities, including The bill also exempts the budgetary effects of these extensions from (1) the Statutory Pay-As-You-Go Act of 2010 (PAYGO), (2) the Senate PAYGO rule, and (3) certain budget scorekeeping rules.

[117th Congress Public Law 86] [From the U.S. Government Publishing Office] [[Page 136 STAT. 15]] Public Law 117-86 117th Congress An Act Making further continuing appropriations for the fiscal year ending September 30, 2022, and for other purposes. <<NOTE: Feb. 18, 2022 - [H.R. 6617]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Further Additional Extending Government Funding Act.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Further Additional Extending Government Funding Act''. SEC. 2. TABLE OF CONTENTS. The table of contents of this Act is as follows: Sec. 1. Short Title. Sec. 2. Table of Contents. Sec. 3. References. DIVISION A--FURTHER ADDITIONAL CONTINUING APPROPRIATIONS ACT, 2022 DIVISION B--EXTENSIONS Title I--Extensions Title II--Budgetary Effects SEC. 3. REFERENCES. Except as expressly provided otherwise, any reference to ``this Act'' contained in any division of this Act shall be treated as referring only to the provisions of that division. DIVISION A-- <<NOTE: Further Additional Continuing Appropriations Act, 2022.>> FURTHER ADDITIONAL CONTINUING APPROPRIATIONS ACT, 2022 Sec. 101. The Continuing Appropriations Act, 2022 (division A of Public Law 117-43) is further amended-- (1) <<NOTE: 135 Stat. 346.>> by striking the date specified in section 106(3) and inserting ``March 11, 2022''; (2) in section 163, <<NOTE: 135 Stat. 1500.>> by striking ``$200,000,000'' and inserting ``$300,000,000''; and (3) by adding after section 163 the following new sections: ``Sec. 164. Notwithstanding sections 102 and 104, amounts made available by section 101 to the Department of Defense for `Shipbuilding and Conversion, Navy' may be apportioned up to the rate for operations necessary for `Columbia Class Submarine (AP)' in an amount not to exceed $1,601,805,000. ``Sec. <<NOTE: Determination. Hawaii.>> 165. (a) Notwithstanding sections 101 and 106 of this Act, for the duration of fiscal year 2022, amounts made available in fiscal year 2022 to the Department of Defense under the heading `Operation and Maintenance', other than amounts designated by [[Page 136 STAT. 16]] the Congress as being for an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, may be used for emergencies and extraordinary expenses, in addition to any other funds specifically made available for such expenses, for purposes the Secretary of Defense or the Secretary of the Navy, as appropriate, determines to be proper with regard to the response to the disruption of the water supply near the Red Hill Bulk Fuel Storage Facility, on O'ahu, Hawaii, in accordance with 10 U.S.C. 127, in an amount not to exceed $53,000,000: Provided, <<NOTE: Time period. Reports.>> That not later than 30 days after the date of enactment of the Further Additional Continuing Appropriations Act, 2022 and every 30 days thereafter through fiscal year 2022, the Secretary of Defense shall submit a report to the Committees on Appropriations of the House of Representatives and Senate, setting forth all categories and amounts of obligations and expenditures made under the authority provided by this subsection. ``(b) In addition to amounts otherwise provided by this Act, there is appropriated to the Department of Defense $250,000,000, for an additional amount for fiscal year 2022, for necessary expenses to address drinking water contamination at the Red Hill Bulk Fuel Storage Facility in Hawaii, for the accounts and in the amounts specified: `` `Military Personnel, Army', $33,263,000, to remain available until September 30, 2022; `` `Military Personnel, Navy', $91,327,000, to remain available until September 30, 2022; `` `Military Personnel, Marine Corps', $5,206,000, to remain available until September 30, 2022; `` `Military Personnel, Air Force', $27,564,000, to remain available until September 30, 2022; `` `Operation and Maintenance, Army', $22,640,000, to remain available until September 30, 2022; and `` `Operation and Maintenance, Navy', $70,000,000, to remain available until September 30, 2022. ``(c) <<NOTE: Transfer authority.>> In addition to amounts otherwise provided by this Act, there is appropriated to the Department of Defense $100,000,000, for an additional amount for fiscal year 2022, to remain available until expended, for transfer only to accounts under the headings `Operation and Maintenance', `Procurement', `Research, Development, Test and Evaluation', and `Defense Working Capital Funds', for the Secretary of Defense to conduct activities in compliance with the State of Hawaii Department of Health Order 21-UST-EA-02, signed December 6, 2021, related to the removal of fuel from and improvement of infrastructure at the Red Hill Bulk Fuel Storage Facility: Provided, That the transfer authority provided in this subsection is in addition to any other transfer authority available to the Department of Defense: Provided further, <<NOTE: Briefing. Recommenda- tions. Assessment. Analysis.>> That amounts provided in this subsection shall not be available for transfer, obligation, or expenditure until the Secretary of Defense briefs the Committees on Appropriations of the House of Representatives and Senate regarding the recommendations of the third-party assessment of the operations and system integrity of the Red Hill facility and the Department's own analysis regarding the distribution of fuel reserves for operations in the Pacific theater, as well as other activities recommended by the third-party assessment or Departmental analysis: Provided further, <<NOTE: Deadline. Notifications.>> That not less [[Page 136 STAT. 17]] than 15 days prior to any transfer of funds pursuant to this subsection, the Secretary of Defense shall notify the congressional defense committees of the details of any such transfer: Provided further, <<NOTE: Time period. Reports.>> That not later than 60 days after the date of enactment of the Further Additional Continuing Appropriations Act, 2022 and every 30 days thereafter through fiscal year 2023, the Secretary of Defense shall submit a report to the Committees on Appropriations of the House of Representatives and Senate, setting forth all categories and amounts of obligations and expenditures made under the authority provided by this subsection. ``Sec. 166. Amounts made available by section 101 to the Department of the Interior under the heading `Working Capital Fund' may be apportioned up to the rate for operations necessary to implement enterprise cybersecurity safeguards.''. This division may be cited as the ``Further Additional Continuing Appropriations Act, 2022''. DIVISION B--EXTENSIONS TITLE I--EXTENSIONS SEC. 1101. EXTENSION OF AUTHORITY TO MAKE CERTAIN APPOINTMENTS FOR NATIONAL DISASTER MEDICAL SYSTEM. Section 2812(c)(4)(B) of the Public Health Service Act (42 U.S.C. 300hh-11(c)(4)(B)) is amended by striking ``February 18, 2022'' and inserting ``March 11, 2022''. SEC. 1102. EXTENSION OF ADDITIONAL SPECIAL ASSESSMENT. Section 3014(a) of title 18, United States Code, is amended by striking ``February 18, 2022'' and inserting ``March 11, 2022''. SEC. 1103. EXTENSION OF TEMPORARY ORDER FOR FENTANYL-RELATED SUBSTANCES. Effective <<NOTE: Effective date.>> as if included in the enactment of the Temporary Reauthorization and Study of the Emergency Scheduling of Fentanyl Analogues Act (Public Law 116-114), section 2 of such Act (as amended by Public Law 117-70) <<NOTE: 135 Stat. 1504.>> is amended by striking ``February 18, 2022'' and inserting ``March 11, 2022''. SEC. 1104. EXTENDING INCREASED FMAP FOR CERTAIN TERRITORIES. (a) In General.--Section 1905(ff)(3) of the Social Security Act (42 U.S.C. 1396d(ff)(3)) is amended by striking ``February 18, 2022'' and inserting ``March 11, 2022''. (b) Reduction of Medicare Improvement Fund.--Section 1898(b)(1) of the Social Security Act (42 U.S.C. 1395iii(b)(1)) is amended by striking ``$101,000,000'' and inserting ``$99,000,000''. TITLE II--BUDGETARY EFFECTS SEC. 1201. BUDGETARY EFFECTS. (a) Statutory PAYGO Scorecards.--The budgetary effects of this division shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. [[Page 136 STAT. 18]] (b) Senate PAYGO Scorecards.--The budgetary effects of this division shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress). (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105-217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of this division shall not be estimated-- (1) for purposes of section 251 of such Act; (2) for purposes of an allocation to the Committee on Appropriations pursuant to section 302(a) of the Congressional Budget Act of 1974; and (3) for purposes of paragraph (4)(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act. Approved February 18, 2022. LEGISLATIVE HISTORY--H.R. 6617: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Feb. 8, considered and passed House. Feb. 17, considered and passed Senate. <all>

Further Additional Extending Government Funding Act

Making further continuing appropriations for the fiscal year ending September 30, 2022, and for other purposes.

Further Additional Extending Government Funding Act Further Additional Extending Government Funding Act Further Additional Continuing Appropriations Act, 2022 Further Additional Continuing Appropriations Act, 2022 Further Additional Continuing Appropriations Act, 2022 Further Additional Continuing Appropriations Act, 2022

Rep. DeLauro, Rosa L.

D

CT

H.R.8151

Health

Building a Sustainable Workforce for Healthy Communities Act This bill reauthorizes through FY2027 and revises a program carried out by the Centers for Disease Control and Prevention that supports the use of community health workers to improve health outcomes in medically underserved communities. The bill also requires the Government Accountability Office to report on the effectiveness of and other matters concerning the program.

To amend the Public Health Service Act with respect to awards to support community health workers and community health. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Building a Sustainable Workforce for Healthy Communities Act''. SEC. 2. AWARDS TO SUPPORT COMMUNITY HEALTH WORKERS AND COMMUNITY HEALTH. Section 399V of the Public Health Service Act (42 U.S.C. 280g-11) is amended-- (1) by amending the section heading to read as follows: ``awards to support community health workers and community health''; (2) by amending subsection (a) to read as follows: ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in coordination with the Administrator of the Health Resources and Services Administration, shall award grants, contracts, and cooperative agreements to eligible entities to promote healthy behaviors and outcomes for populations in medically underserved communities through the use of community health workers, including by addressing ongoing and longer-term community health needs, and by building the capacity of the community health worker workforce. Such grants, contracts, and cooperative agreements shall be awarded in alignment and coordination with existing funding arrangements supporting community health workers.''; (3) in subsection (b)-- (A) in the matter preceding paragraph (1)-- (i) by striking ``Grants awarded'' and inserting ``Subject to any requirements for the scope of licensure, registration, or certification of a community health worker under applicable State law, grants, contracts, and cooperative agreements awarded''; and (ii) by striking ``support community health workers''; (B) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; (C) by striking paragraphs (1) and (2) and inserting the following: ``(1) recruit, hire, and train community health workers that reflect the needs of the community; ``(2) support community health workers in providing education and outreach, in a community setting, regarding-- ``(A) health conditions prevalent in-- ``(i) medically underserved communities (as defined in section 799B), particularly racial and ethnic minority populations; and ``(ii) other such populations or geographic areas that may require additional support during public health emergencies, which may include counties identified by the Secretary using applicable measures developed by the Centers for Disease Control and Prevention or other Federal agencies; and ``(B) addressing social determinants of health and eliminating health disparities, including by-- ``(i) promoting awareness of services and resources to increase access to health care, child services, technology, housing services, educational services, nutrition services, employment services, and other services; and ``(ii) assisting in conducting individual and community needs assessments; ``(3) educate community members, including regarding effective strategies to promote healthy behaviors;''; (D) in paragraph (4), as so redesignated, by striking ``to educate'' and inserting ``educate''; (E) in paragraph (5), as so redesignated-- (i) by striking ``to identify'' and inserting ``identify''; (ii) by striking ``healthcare agencies'' and inserting ``health care agencies''; and (iii) by striking ``healthcare services and to eliminate duplicative care; or'' and inserting ``health care services and to streamline care, including serving as a liaison between communities and health care agencies; and''; and (F) in paragraph (6), as so redesignated-- (i) by striking ``to educate, guide, and provide'' and inserting ``support community health workers in educating, guiding, or providing''; and (ii) by striking ``maternal health and prenatal care'' and inserting ``chronic diseases, maternal health, and prenatal care in order to improve maternal and infant health outcomes''; (4) in subsection (c), by striking ``Each eligible entity'' and all that follows through ``accompanied by'' and inserting ``To be eligible to receive an award under subsection (a), an entity shall prepare and submit to the Secretary an application at such time, in such manner, and containing''; (5) in subsection (d)-- (A) in the matter preceding paragraph (1), by striking ``grants'' and inserting ``awards''; (B) by amending paragraph (1) to read as follows: ``(1) propose to serve-- ``(A) areas with populations that have a high rate of chronic disease, infant mortality, or maternal morbidity and mortality; ``(B) low-income populations, including medically underserved populations (as defined in section 330(b)(3)); ``(C) populations residing in health professional shortage areas (as defined in section 332(a)); ``(D) populations residing in maternity care health professional target areas identified under section 332(k); or ``(E) rural or traditionally underserved populations, including racial and ethnic minority populations or low-income populations;''; (C) in paragraph (2), by striking ``; and'' and inserting ``, including rural populations and racial and ethnic minority populations;''; (D) in paragraph (3), by striking ``with community health workers.'' and inserting ``and established relationships with community health workers in the communities expected to be served by the program; or'' and (E) by adding at the end the following: ``(4) develop a plan for providing services to the extent practicable, in the language and cultural context most appropriate to individuals expected to be served by the program.''; (6) in subsection (e)-- (A) by striking ``community health worker programs'' and inserting ``eligible entities''; and (B) by striking ``and one-stop delivery systems under section 121(e)'' and inserting ``, health professions schools, minority-serving institutions (as described in section 371 of the Higher Education Act of 1965), area health education centers under section 751 of this Act, and one-stop delivery systems under section 121''; (7) by striking subsections (f), (g), (h), (i), and (j) and inserting the following: ``(f) Technical Assistance.--The Secretary may provide to eligible entities that receive awards under subsection (a) technical assistance with respect to planning, development, and operation of community health worker programs authorized or supported under this section. ``(g) Dissemination of Best Practices.--Not later than 2 years after the date of enactment of the Building a Sustainable Workforce for Healthy Communities Act, the Secretary shall, based on activities carried out under this section and in collaboration with relevant stakeholders, identify and disseminate evidence-based or evidence- informed practices regarding recruitment and retention of community health workers to address ongoing public health and community health needs, and to prepare for, and respond to, future public health emergencies. ``(h) Report to Congress.--Not later than 4 years after the date of enactment of the Building a Sustainable Workforce for Healthy Communities Act, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report concerning the effectiveness of the program under this section in addressing ongoing public health and community health needs. Such report shall include recommendations regarding any improvements to such program, including recommendations for how to improve recruitment, training, and retention of the community health workforce. ``(i) Authorization of Appropriations.--For purposes of carrying out this section, there are authorized to be appropriated $75,000,000 for each of fiscal years 2023 through 2027.''; (8) by redesignating subsection (k) as subsection (j); and (9) in subsection (j), as so redesignated-- (A) by striking paragraphs (1), (2), and (4); (B) by redesignating paragraph (3) as paragraph (1); (C) in paragraph (1), as so redesignated-- (i) by striking ``entity (including a State or public subdivision of a State'' and inserting ``entity, including a State or political subdivision of a State, an Indian Tribe or Tribal organization, an urban Indian organization, a community-based organization''; and (ii) by striking ``as defined in section 1861(aa) of the Social Security Act))'' and inserting ``(as described in section 1861(aa)(4)(B) of the Social Security Act)''; and (D) by adding at the end the following: ``(2) Indian tribe; tribal organization.--The terms `Indian Tribe' and `Tribal organization' have the meanings given the terms `Indian tribe' and `tribal organization', respectively, in section 4 of the Indian Self-Determination and Education Assistance Act. ``(3) Urban indian organization.--The term `urban Indian organization' has the meaning given such term in section 4 of the Indian Health Care Improvement Act.''. SEC. 3. GAO STUDY AND REPORT. Not later than 4 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the program authorized under section 399V of the Public Health Service Act (42 U.S.C. 280g-11) (as amended by section 2, including a review of the outcomes and effectiveness of the program and coordination with applicable programs of the Health Resources and Services Administration to ensure there is no unnecessary duplication of efforts among such programs. <all>

Building a Sustainable Workforce for Healthy Communities Act

To amend the Public Health Service Act with respect to awards to support community health workers and community health.

Building a Sustainable Workforce for Healthy Communities Act

Rep. Ruiz, Raul

D

CA

H.R.2336

Social Welfare

Health, Opportunity, and Personal Empowerment Act of 2021 or the HOPE Act of 2021 This bill establishes two Health, Opportunity, and Personal Empowerment (HOPE) pilot projects to improve economic security for individuals who meet income or other requirements. The Department of Health and Human Services (HHS), the Department of Agriculture, and the Department of Housing and Urban Development must collaborate on the projects. The first project provides awards to certain government entities to assist eligible individuals in establishing HOPE accounts through banks, credit unions, or governmental agencies. HOPE accounts must (1) provide access to specified financial services and information on public benefits, health insurance, and other topics; and (2) facilitate activities such as applying for government benefits and filing taxes. HHS must hold a competition to award contracts to private businesses and nonprofits to develop technology applications and other tools for HOPE accounts. The second pilot project provides grants that allow government and nonprofit organizations to enter voluntary agreements with eligible individuals to carry out long-term plans related to improving economic security and upward mobility.

To authorize the establishment of HOPE Account Pilot Projects, HOPE Action Plans Pilot Projects, and competitive grants for pilot 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 ``Health, Opportunity, and Personal Empowerment Act of 2021'' or ``HOPE Act of 2021''. SEC. 2. FINDINGS. The Congress finds the following: (1) In 2018, according to the Department of Agriculture, 37,200,000 individuals in the United States (including 11,100,000 children) lived in food insecure households. That equals 1 in 9 individuals and 1 in 7 children. (2) In 2020, during the COVID-19 pandemic, food insecurity in the United States soared, with the Census Household Pulse Survey finding that at least 22 percent of Americans, and 28 percent of children in the United States, suffered from food insecurity in the height of the pandemic. (3) In 2018, according to the Bureau of the Census, 34,000,000 individuals (including 10,500,000 children) lived below the Federal poverty line. The majority of these individuals living in poverty were working people, children, older individuals, and individuals with disabilities. (4) Many low-income individuals work multiple jobs and, contrary to common misconceptions, if unemployed, they spend a great deal of time looking for work. They often travel by public transportation, laboriously making multiple connections to shuttle between home, work, social service agencies, houses of worship, and grocery stores. For those living in rural and suburban areas far from work and without adequate public transportation they rely upon vehicles to get to work, but these are often less reliable secondhand vehicles, that often break down. From traveling greater distances between available jobs and livable areas with affordable housing options, seeking out scarce childcare options that fit a tight budget and a constrained travel schedule, and caring for elderly parents or grandparents because a senior living facility is not financially realistic, low-income individuals have little spare time. (5) While government safety net programs help tens of million of individuals avoid starvation, homelessness, and other outcomes even more dreadful than everyday poverty, there are significant obstacles that those seeking and maintaining government assistance face for as long as they are eligible. Qualified applicants are often required to travel significant distances to multiple government offices, preparing and submitting piles of nearly identical paperwork to access the different government assistance programs. Even when the application process begins online, the eligible applicant is typically still required to physically follow up with each government office with physical copies, for near identical meetings. As a result, many low-income people are actually unaware of all the government benefits for which they are eligible, reducing the amount of help going to individuals in need by tens of billions of dollars every year. The lines in these offices can seem endless, and sometimes clients need to wait outside, for hours, in the worst kinds of weather. Many offices don't have weekend or night hours, so an applicant is at risk of losing wages when often their only option is to apply for government help during work hours. (6) Each year, many vital government programs go underutilized because eligible beneficiaries are hindered by obtrusive, time consuming, and repetitive application barriers. In 2017, according to the Department of Agriculture, 16 percent of all people eligible for supplemental nutrition assistance program (SNAP), 53 percent of the ``working poor'' eligible for SNAP, and 52 percent of adults over 60 who were eligible failed to receive it. (7) The United States has hundreds of thousands of nonprofit groups providing high quality and much needed social services, but it is nearly impossible for struggling people to determine which of those organizations provides services they need, whether the organization is conveniently located, and for which services they are eligible. If they do determine that a nonprofit (or multiple nonprofits) could help, they need to take yet more time to visit each one. (8) Since many government and nonprofit programs require frequent reapplications and recertifications, a low-income person often has to repeat the same endless and frustrating process. (9) Technology has fundamentally revamped the lives of most individuals, usually for the better. According to the Pew Research Center, 71 percent of low-income individuals have a smart phone as of 2019 (not because a smart phone is a luxury but because it is an essential tool of learning and work in modern America) but they rarely can use these devices to apply for benefits. Digital technology, combined with policy improvements, can simplify the lives and boost the long-term self-sufficiency of our lowest income residents. SEC. 3. DEFINITIONS. (1) Secretaries.--The term ``Secretaries'' means the Secretary of Health and Human Services, the Secretary of Agriculture, and the Secretary of Housing and Urban Development, acting collaboratively. (2) Eligible entity.--The term ``eligible pilot community'' means a State, unit of general purpose local government, Tribal government, or an entity that represents a smaller geographical area therein (including a neighborhood). (3) Target population.--The term ``target population'' includes an individual or household that-- (A) earns an income below 200 percent of the Federal poverty line, (B) suffers from food insecurity, (C) earns insufficient income to ensure food security or economic security, (D) lives in a rural, suburban, or urban community that suffers from poverty, hunger, or food insecurity, (E) is homeless, (F) receives (or recently received) assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. et seq.), relating to temporary assistance to needy families, (G) is eligible for benefits under any Federal nutrition assistance program or Federal antipoverty program, or (H) is formerly a youth in transition from foster care or the juvenile detention facilities. (4) Partner nonprofit organization.--The term ``partner nonprofit organization'' means any national, regional, State, or local nonprofit group described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. SEC. 4. HOPE ACCOUNTS PILOT PROJECTS. (a) Pilot Projects Authorized.--The Secretaries shall allow eligible entities that apply to do so--based on an application to be created by the Secretaries--to carry out HOPE (Health, Opportunity, and Personal Empowerment) Accounts Pilot Projects (in this section referred to as Projects) to enable target populations of individuals to establish through banks, credit unions, and any governmental or Tribal agencies HOPE accounts that enable such individuals-- (1) to have their paychecks deposited directly in such accounts, (2) to use such accounts to increase savings that would be matched with funds provided by government and private sources, including individual development accounts, (3) to use an account app on a smart phone to easily locate and sign-up for job training and placement services online, (4) to enable such individuals to use any smart phone, tablet, or computer-- (A) to learn about the public and philanthropic programs that provide benefits to such individuals, including aid to improve health, nutrition, job training and placement, housing, income and to receive Federal and State tax credits, and (B) to apply for, submit eligibility documents for, enroll in, and manage the use of such benefits at once through the convenience of their device if individuals or their households are eligible for 1 or more of such benefits, (5) to receive a basic smart phone, tablet, or computer, along with a subsidized internet Wi-Fi access plan, if such individuals do not own a smart phone, tablet, or computer, (6) to obtain the access and information described in paragraph (4) with assistance at libraries, government offices, or nonprofit agencies if such individuals are uncomfortable using internet technology themselves, (7) to obtain access to the information described in paragraph (4), with the assistance of government or nonprofit employees, AmeriCorps national service participants, or Senior Corps members, to receive home visits if such individuals are elderly or disabled, (8) to access health care information that specifies medical benefits, and any out-of-pocket costs, for each of the health plans for which such individuals may be eligible, and to empower them to easily select the plan that works best for them, (9) enable such individuals to file directly (and without expending funds to obtain third-party tax filing services) to obtain Federal tax credits and refunds, and in States and localities with their own supplemental tax credits, to simultaneously file for those, (10) to deposit cash in the account that is set aside for education, job training, starting a business, or buying a home and that would be nontaxable, (11) to easily access and monitor, in 1 central online account-- (A) to be able to check the status, amounts, and recertification deadlines for some or all their benefits and savings, and (B) to pay all bills online, saving high check cashing fees and enormous amounts of time, (12) to budget their resources by using real-time cash flow data and long-term financial planning data, including calculating how much they would lose in interest on credit cards versus how much they would gain in interest by saving more, (13) to access calendar and scheduling functions that enable them to keep track of all job search, work, family, and school obligations, as well as any social service filing or appointment dates, (14) to be protected by security and privacy systems so that only such individuals, and not the government, nonprofit, or banking partners would be able to see or track private financial and appointment information, and (15) notwithstanding other provisions of law, to allow program applicants to easily and clearly authorize their sharing of personal and financial information with multiple government agencies, solely for the purpose of those government agencies enabling those to apply for and utilize government benefits. (b) Fiscal Years.--Pilot projects authorized by subsection (a) shall be carried out for a 1-year period in each of the fiscal years 2021 through 2026. SEC. 5. HOPE ACTION PLANS PILOT PROJECTS. (a) Pilot Projects Authorized.--The Secretaries shall allow eligible entities that apply to do so--based on an application to be created by the Secretaries--to carry out HOPE Action Plans Pilot Projects to enable target populations of individuals to partner with government and nonprofit organizations by entering into voluntary agreements to carry out long-term HOPE action plans that-- (1) specify exactly how the parties to such plans will help such individuals and their families earn, learn, and save better in order to ensure greater economic opportunity for themselves and their children by working together in a long- term, positive relationship for the purpose of ensuring upward mobility, (2) could empower such individuals and their families to better organize their time and focus their activities on productive endeavors while providing them extra resources to do so, (3) could be short-term, over just a year or 2, and aimed at helping families achieve very basic goals, such as avoiding homelessness and hunger, (4) could be long-term with far more ambitious goals for upward mobility, and (5) would require that participating individuals and families, government entities, and nonprofit partners have equal rights to hold each other accountable for plan outcomes and funding. (b) Fiscal Years.--Pilot projects authorized by subsection (a) shall be carried out in each of the fiscal years 2021 through 2026. SEC. 6. COMPETITIVE GRANTS FOR PILOT PROJECTS. (a) Application for Grant.--The Secretaries shall each create grant application processes to competitively make grants to eligible entities to aid target populations. To be eligible to receive a grant for a fiscal year under this section, eligible entities shall submit to the appropriate Secretary an application that contains a description of how the applicant proposes to use the grant funds to implement the components of the pilot projects authorized by this section. Applications shall be submitted in such form, at such time, and containing such other information as the Secretaries may require. (b) Form of Grants.--If a Secretary finds it appropriate, the Secretary may use cooperative agreements, as described in section 6305 of title 31, United States Code, for purposes of making grants under this section. (c) Amount of Grant.--Grants made under this section shall range in amounts from $250,000 to $3,000,000, and should be proportionate to the geographical size, project complexity, and number of individuals participating in each project. Eligible entities may receive grants made under this section by 2 or more of the Secretaries. To the extent funds are available, each Secretary shall make not fewer than 8 such grants annually. (d) Distribution of Grants.--To the extent practicable, the Secretaries shall make grants for pilot projects that operate statewide, as well as pilot projects designed to serve specific rural, urban, and suburban areas. To the extent practicable, pilot projects for which grants are made shall be distributed among diverse administrative regions of Department of Housing and Urban Development, the Department of Health and Human Services, and the Department of Agriculture. (e) Preference.--For purposes of making grants under this section, preference shall be given for pilot projects that-- (1) serve individuals in historically under-served, high- poverty, rural and urban communities, (2) simultaneously test both HOPE Accounts and HOPE Action Plans, (3) involve low-income individuals as equal partners in project planning and implementation, (4) make additional funds available directly to low-income households through action plans, either through government payments or through nonprofit subgrantees, (5) are matched by considerable non-Federal funds without penalizing very-low income, under-served rural and urban communities that cannot provide non-Federal matching funds, (6) propose concrete plans for long-term sustainability and expansions without future Federal grant funds, (7) assist low-income households to apply for the Federal earned income tax credits and State tax credits, (8) provide resources in both English and additional languages commonly spoken in that jurisdiction, (9) prioritize client-facing, fully tested, technology and mobile device applications, (10) include a robust monitoring and evaluation planning and reporting plan, including proposed staffing and reporting for that plan, including reporting on the extent to which the pilot makes it easier, quicker, and less costly for low-income Americans to access a variety of benefits, the extent to which the pilot will save administrative funds over the long-run, the extent to which the accuracy and integrity of the benefits programs included are maintained or improved, and the extent to which low-income households are able to more easily obtain free or low-cost banking services, (11) subcontract part of the pilot project implementation work to United States-based private businesses, banks, savings and loans, credit unions, co-ops and section 501(c)(3) nonprofit organizations with relevant, successful experience in similar or related project activities, (12) incorporate a benefits calculator to enable applicants to learn how the receipt of some benefits might or might not impact whether they are eligible for other benefits and might impact the amount of those other benefits for which they are eligible, (13) include planning and funding for the pilot entities to train their staffs and clients to utilize the new technologies, (14) in rural and other areas without strong broad-band service, integrate activities under this grant with other activities to strengthen local-broad band service, (15) enable low-income Americans to obtain free or reduced price smart phones and free or reduced-price data services, (16) ensure that people without personal smart phone, tablet, or computer access are able to benefit from the systems and technological improvements in the pilot projects at public locations such as public libraries, community centers, and social service offices, (17) propose a detailed, workable plan to thoroughly beta test and field test any new technologies or systems in this pilot before making them available to all households, individuals, or the entire pilot area, and (18) identify the applicable Federal, State, local, or Tribal statutory and regulatory authorities, including waiver authorities, to be potentially leveraged to most effectively implement the proposed pilot project. SEC. 7. HOPE TECHNOLOGY INNOVATION CONTRACTS. (a) Authority.--The Secretary of Health and Human Services, in consultation with the Secretary of Agriculture and the Secretary of Housing and Urban Development, shall hold a merit-based competition to award HOPE Technology Innovation Contracts to United States-based private businesses and section 501(c)(3) nonprofit organizations with relevant, successful experience in technology, to create technology apps, widgets, and templates that pilot entities can use to create HOPE accounts. (b) Number of Contracts.--The Secretary will award no more than 10 and not fewer than 2 such contracts each fiscal year. (c) Size of Contracts.--Contracts may range in size from $200,000 to $4,500,000. (d) Availability to the Public.--All technologies developed with these funds will be open-sourced and available to the public for free. (e) Household Data.--No contractor should have access to any client or household data through this project, except in cases they are also contractors or subgrantees for pilot entities, in which case they would have limited, functional access to such data. In no case shall a contractor share or sell client or household data. (f) Preferences.--Preferences should be given to contracts that ensure the following: (1) Client facing technology with top preferences mobile device applications and uses and secondary preferences to tablet and computer and texting uses. (2) Incorporate fail-safe systems to maintain the privacy and security of data. (3) Are easily adaptable at the lowest possible financial costs with the least possible staff time by pilot entities and other State, county, city, municipal, and Tribal governments in a manner that can easily be utilized by low-income Americans. (4) Build in the ability to be easily updated as technologies evolve. SEC. 8. MAINTENANCE OF EFFORT AND NONDISPLACEMENT OF WORKERS. None of the pilot projects carried out under this Act shall do any of the following: (1) Decrease the overall monetary value of Federal, State, local, or Tribal government funding assistance given to any individual or family, although all entities involved could independently, or jointly, increase funding under such projects. (2) Decrease the overall Federal, State, local, or Tribal government funding for antipoverty programs spent by participating pilot communities and agencies, although all entities involved may independently, or jointly, increase funding. (3) Lengthen the amount of time or increase the requirements necessary to receive any government benefits, or in any way make it more difficult to obtain any form of government assistance. (4) Limit the legal rights of anyone in the target populations to receive government or nonprofit assistance. (5) Decrease overall public sector employment in any eligible pilot community, but public employees could be transferred at similar or higher salaries and pay grades from positions that oversee paperwork to positions that provide direct services to the public, assuming such transfers do not violate collective barraging agreements or their other rights as public employees. (6) Decrease or increase work requirements for existing government programs. (7) Reduce program integrity measures or increase the possibility of fraud in any government program. (8) Track or monitor the physical location or immigration status of immigrants, be used for any immigration enforcement activity against any individuals, or be used to provide any data whatsoever to agencies involved in immigration enforcement activities or policy. (9) Enable any pilot entity or contractor, subcontractor, or partner of any pilot entity to share or sell client or household data obtained through those projects. (10) Eliminate the existing ability of applicants to apply for, recertify, or manage government benefits by physically visiting a government office. SEC. 9. ANNUAL REPORTS TO CONGRESS. (a) Report.--Not later than September 30 of each of fiscal years 2021 through 2027, the Secretaries shall submit to Congress a report on the results of pilot projects carried out under this Act. (b) Contents of Report.--The report should include detailed data on the extent to which the pilot makes it easier, quicker, and less costly for low-income Americans to access a variety of benefits, the extent to which the pilot will save administrative funds over the long-run, the extent to which the accuracy and integrity of the benefits programs included are maintained or improved, and the extent to which low-income households are able to more easily obtain free or low-cost banking services. SEC. 10. AUTHORIZATION OF APPROPRIATIONS; TECHNICAL ASSISTANCE AUTHORIZED. (a) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act for each of the fiscal years 2021 through 2026-- (1) $10,000,000 to the Secretary of Housing and Urban Development, of which $500,000 shall be used internally by the Department of Housing and Urban Development for staff and other expenses to plan, award, and oversee pilot projects under this Act and $9,500,000 shall be available for grants under section 6, (2) $10,000,000 to the Secretary of Agriculture, of which $500,000 shall be used internally by Department of Agriculture for staff and other expenses to plan, award, and oversee pilot projects under this Act and $9,500,000 shall be available for grants under section 6, and (3) $15,000,000 to the Secretary of Health and Human Services, of which $500,000 shall be used internally by the Department of Health and Human Services for staff and other expenses to plan, award, and oversee pilot projects under this Act and $9,500,000 shall be available for grants under section 6, and 5,000,000 shall be available for contracts under section 7. (b) Technical Assistance Authorized.--The Secretary of Health and Human Services, the Secretary of Agriculture, the Secretary of Housing and Urban Development, the Secretary of Veterans of Affairs, the Secretary of the Interior, the Secretary of Labor, the Commissioner of the Internal Revenue Service, the Chief Executive Officer of the Corporation for National and Community Service, the Administrator of the Small Business Administration, the Director of the Office of Management and Budget, the Office of Science and Technology, the Chairman of the Federal Deposit Insurance Corporation, and the Domestic Policy Council may-- (1) provide technical assistance, (2) solicit voluntary, nonmonetary assistance from universities, credit unions, and private sector technology companies, banks, and financial institutions, and (3) inform eligible entities of the applicable Federal, State, local, or Tribal statutory and regulatory authorities, including waiver authorities, to advance the objectives of the pilot projects carried out under this Act. (c) Persistent Poverty Counties.-- (1) Allocation requirement.--Of the amount appropriated to carry out this Act, at least 10 percent shall be allocated to provide assistance in persistent poverty counties. (2) Definition.--For purposes of this section, the term ``persistent poverty counties'' means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990, 2000, and 2010 decennial censuses. <all>

HOPE Act of 2021

To authorize the establishment of HOPE Account Pilot Projects, HOPE Action Plans Pilot Projects, and competitive grants for pilot projects.

HOPE Act of 2021 Health, Opportunity, and Personal Empowerment Act of 2021

Rep. Morelle, Joseph D.

D

NY

S.730

Government Operations and Politics

Let States Cut Taxes Act This bill removes a prohibition on states and territories using COVID-19 (i.e., coronavirus disease 2019) relief funding under the American Rescue Plan Act of 2021 to offset a reduction in revenue resulting from a reduction in taxes or a delay in the imposition of a tax or tax increase.

To amend title VI of the Social Security Act to remove the prohibition on States and territories against lowering their taxes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Let States Cut Taxes Act''. SEC. 2. REMOVAL OF RESTRICTION OF USE OF CORONAVIRUS STATE FISCAL RECOVERY FUNDS. (a) In General.--Paragraph (2) of section 602(c) of the Social Security Act, as added by section 9901 of the American Rescue Plan Act of 2021, is amended to read as follows: ``(2) Further restriction on use of funds.--No State or territory may use funds made available under this section for deposit into any pension fund.''. (b) Conforming Amendments.--Section 602 of such Act is further amended-- (1) in subsection (d)(2)(A), by striking ``, including, in the case of a State or a territory, all modifications to the State's or territory's tax revenue sources during the covered period''; (2) in subsection (e), by striking ``such subsection,'' and all that follows through the period and inserting ``such subsection.''; and (3) in subsection (g)-- (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) through (7) as paragraphs (1) through (6), respectively. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the American Rescue Plan Act of 2021. <all>

Let States Cut Taxes Act

A bill to amend title VI of the Social Security Act to remove the prohibition on States and territories against lowering their taxes.

Let States Cut Taxes Act

Sen. Braun, Mike

R

IN

S.681

Immigration

COVID-19 in Immigration Detention Data Transparency Act This bill requires U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), and the Office of Refugee Resettlement (ORR) to collect and report various information about detained individuals, including data on COVID-19 (i.e., coronavirus disease 2019) testing. During the COVID-19-related declared public health emergency and for one year after, ICE, CBP, and ORR shall publicly post on a website certain data about its detention facilities, including COVID-19 testing numbers for detained individuals and detention facility staff, COVID-19 case outcomes, vaccinations, and COVID-19-related information about detained individuals who were released or removed from the United States. The Centers for Disease Control and Prevention (CDC) shall issue guidance as to the COVID-19-related data that ICE, CBP, and ORR must collect and report weekly to the CDC. The CDC shall periodically report to Congress a summary of this data and an analysis of the trends and pattern of the spread of the disease. ICE, CPB, and ORR shall ensure that each detained individual receives all medical records related to any COVID-19 test administered to the individual. ICE, CPB, and ORR shall also report to Congress on (1) the COVID-19 safety protocols in its facilities, and (2) information relating to their efforts to ensure that each detained individual has access to legal counsel. This bill's data collection and reporting requirements that apply to ICE, CPB, and ORR shall also apply to any contract facilities that they use to hold detained individuals.

To report data on COVID-19 immigration detention facilities and local correctional facilities that contract with 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 ``COVID-19 in Immigration Detention Data Transparency Act''. SEC. 2. DEFINITIONS. In this Act: (1) CBP detention facility.--The term ``CBP detention facility'' means any facility used by U.S. Customs and Border Protection to detain noncitizens. (2) CDC director.--The term ``CDC Director'' means the Director of the Centers for Disease Control and Prevention. (3) Contract detention facility.--The term ``contract detention facility'' means any facility used for the detention of noncitizens that is operated by a government agency or a private entity that has contracted with U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or the Office of Refugee Resettlement to provide such detention services, including service processing centers, juvenile detention facilities, family residential centers, facilities holding noncitizens awaiting removal, holding facilities, and similar facilities operating under an intergovernmental service agreement with any of such Federal agencies, including intergovernmental agreements with the United States Marshals Service. (4) COVID-19.--The term ``COVID-19'' means the 2019 novel coronavirus disease caused by the SARS-CoV-2 virus. (5) COVID-19 diagnostic test.--The term ``COVID-19 diagnostic test'' means a test-- (A) that is an in vitro diagnostic product (as defined in section 809.3 of title 21, Code of Federal Regulations) for the detection of SARS-CoV-2; and (B) the administration of which-- (i) is approved, cleared, or authorized under section 510(k), 513, 515, or 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(k), 360c, 360e, 360bbb-3); (ii) the developer has requested, or intends to request, emergency use authorization under section 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3), unless and until the emergency use authorization request under such section 564 has been denied or the developer of such test does not submit a request under such section within a reasonable timeframe; (iii) is developed in and authorized by a State that has notified the Secretary of Health and Human Services of its intention to review tests intended to diagnose COVID-19; or (iv) is another test that the Secretary determines appropriate in guidance. (6) COVID-19 emergency data collection period.--The term ``COVID-19 emergency data collection period'' means the period beginning on the date of enactment of this Act and ending on the date that is 1 year after the date on which the public health emergency declaration under section 319 of the Public Health Service Act (42 U.S.C. 247d), with respect to COVID-19, terminates. (7) COVID-19 risk factors.--The term ``COVID-19 risk factors'' includes advanced age, underlying conditions, and other factors identified by the Centers for Disease Control and Prevention. (8) Facility staff.--The term ``facility staff'' includes all individuals who work in a detention facility, including any individual who regularly reports for work within the detention facility, regardless of the actual employer of such individual. (9) ICE detention facility.--The term ``ICE detention facility'' means any facility used by U.S. Immigration and Customs Enforcement to detain or process noncitizens, including service processing centers and hold rooms. (10) ORR contracted facility or program.--The term ``ORR contracted facility or program'' means any facility or program in which unaccompanied noncitizen children are in the care and custody of the Department of Health and Human Services. (11) Public health emergency.--The term ``public health emergency'' means-- (A) a national emergency involving Federal primary responsibility determined to exist by the President under section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) with respect to a communicable disease; (B) a national emergency declared by the President under sections 201 and 301 of the National Emergencies Act (50 U.S.C. 1621 and 1631) with respect to a communicable disease; (C) a national public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); or (D) a global pandemic declared by the World Health Organization. SEC. 3. COVID-19 DATA COLLECTION REQUIREMENTS. (a) Federal Detention Facilities.--The Director of U.S. Immigration and Customs Enforcement, the Commissioner of U.S. Customs and Border Protection, the Director of the Office of Refugee Resettlement, and any senior official acting in, or performing the duties of, any such position shall, during the COVID-19 emergency data collection period-- (1) post daily updates on the public website of the applicable agency containing the information described in section 5 with respect to staff working at ICE detention facilities, CBP detention facilities, or ORR contracted facilities or programs, respectively, and noncitizens detained at such facilities or served by such programs; (2) archive, on a weekly basis, the data described in paragraph (1) so that it remains publicly accessible and in a machine readable format; and (3) beginning not later than the earlier of the date that is 14 days after the date on which the CDC Director publishes the guidance required under section 4(a) or 45 days after the date of the enactment of this Act, submit weekly reports to the CDC Director containing the information described in section 5. (b) Contract Detention Facilities.-- (1) In general.--Beginning not later than the earlier of the date that is 14 days after the date on which the CDC Director publishes the guidance required under section 4(a) or 45 days after the date of the enactment of this Act, the head of each contract detention facility shall-- (A) submit weekly reports to the Federal agency with which the facility is under contract and the public health authority of the State in which the facility is located containing the data described in section 5 with respect to staff working at such facility and noncitizens detained at such facility; (B) post weekly updates containing the data described in subparagraph (A) on the public website of the facility, if the facility has a public website, in a machine readable format, and archive prior updates so that they remain publicly accessible; and (C) submit weekly reports containing the data referred to in subparagraph (A) to-- (i) the Immigration Detention Ombudsman designated pursuant to section 405 of the Homeland Security Act of 2002 (6 U.S.C. 205); and (ii) the Office for Civil Rights and Civil Liberties of the Department of Homeland Security. (2) Submission of information to the cdc.--Not later than 24 hours after a Federal agency receives the data described in paragraph (1), the head of such agency shall-- (A) submit such data to the CDC Director; and (B) post such data to the public website of the agency, disaggregated by individual contract detention facility, which shall be archived weekly and shall remain publicly accessible in a machine readable format. (c) Use of Existing Appropriations.-- (1) Department of health and human services.--The Department of Health and Human Services shall use amounts otherwise appropriated for the Office of Refugee Resettlement to carry out its responsibilities under this section. (2) U.S. immigration and customs enforcement.--U.S. Immigration and Customs Enforcement shall use amounts otherwise appropriated to the Custody Operations Account to carry out its responsibilities under this section. (3) U.S. customs and border protection.--U.S. Customs and Border Protection shall use amounts otherwise appropriated to the Procurement, Construction, and Improvements Account to carry out its responsibilities under this section. SEC. 4. CDC REPORTS. (a) Guidance.--Not later than 30 days after the date of enactment of this Act, the CDC Director shall issue guidance for immigration detention facilities regarding-- (1) the categories of data required to be reported under this Act; and (2) how the CDC Director will determine whether a Federal or State agency is in compliance with the requirements under this Act. (b) Publication on Website.-- (1) In general.--Not later than 7 days after data is reported to the Centers for Disease Control and Prevention pursuant to section 3, the CDC Director shall make such data available to the public on the website of the Centers for Disease Control and Prevention, including all data reported by U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, and the Office of Refugee Resettlement. (2) Weekly archival.--The data referred to in paragraph (1) shall be archived weekly and shall remain publicly accessible in a machine readable format. (c) Reports to Congress.--Not later than 60 days after the date of the enactment of this Act, and monthly thereafter during the COVID-19 emergency data collection period, the CDC Director shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on the Judiciary of the Senate, the Committee on Homeland Security of the House of Representatives, the Committee on Energy and Commerce of the House of Representatives, and the Committee on the Judiciary of the House of Representatives that-- (1) summarizes the information submitted by U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, the Office of Refugee Resettlement, and State public health authorities pursuant to section 3; and (2) analyzes the trends and patterns of the disease outbreak and the care provided in immigration detention facilities and contracted facilities. SEC. 5. COVID-19 DATA. (a) In General.--The data described in this section is the following data with respect to each ICE, CBP, ORR, and contract detention facility: (1) Testing numbers.--Data related to COVID-19 diagnostic testing by such facilities, including cumulative and new (since the previous weekly report) counts of-- (A) the number of detained noncitizens tested for COVID-19, including the dates on which such tests were administered, disaggregated by-- (i) first-time COVID-19 diagnostic tests and retests; and (ii) symptomatic and asymptomatic; (B) the number of detained noncitizens who have requested COVID-19 testing, including the number of such requests that were denied and the reasons for such denials; (C) the number of facility staff tested for COVID- 19, disaggregated by first-time COVID-19 diagnostic tests and retests; and (D) the COVID-19 diagnostic test developer and test name for each COVID-19 diagnostic test conducted. (2) Test results.--Data related to COVID-19 diagnostic testing outcomes, including cumulative and new (since the previous weekly report) counts of-- (A) the number of confirmed active cases of COVID- 19 among detained noncitizens, disaggregated by-- (i) first-time COVID-19 diagnostic tests and retests; and (ii) the COVID-19 diagnostic test developer and test name for each COVID-19 diagnostic test used to confirm each active case; (B) the number of confirmed negative cases of COVID-19 among detained noncitizens, disaggregated by-- (i) first-time COVID-19 diagnostic tests and retests; and (ii) the COVID-19 diagnostic test developer and test name for each COVID-19 diagnostic test used to confirm each negative case; (C) the number of confirmed active cases of COVID- 19 among detention facility staff, disaggregated by-- (i) first-time COVID-19 diagnostic tests and retests; and (ii) the COVID-19 diagnostic test developer and test name for each COVID-19 diagnostic test used to confirm each active case; (D) the number of confirmed negative cases of COVID-19 among detention facility staff, disaggregated by-- (i) first-time COVID-19 diagnostic tests and retests; and (ii) the COVID-19 diagnostic test developer and test name for each COVID-19 diagnostic test used to confirm each negative case; (E) the number of COVID-19 diagnostic tests pending results, disaggregated by detained noncitizens and detention facility staff; (F) the average time between testing a detained person for COVID-19 and receiving the results of the COVID-19 diagnostic test; and (G) the average time between testing a detention facility employee for COVID-19 and receiving the results of the COVID-19 diagnostic test. (3) Case outcomes.--COVID-19 case outcomes, including cumulative and new (since the previous report) counts of-- (A) the number of detained noncitizens hospitalized for a case of COVID-19, including the locations of the hospitals at which the noncitizens are receiving treatment; (B) the number of detained noncitizens who have recovered from COVID-19; (C) the number of detained noncitizens currently in quarantine and the number of detained noncitizens in medical isolation for infection with or exposure to COVID-19; (D) the number of detained noncitizens who have completed quarantine and the number of detained noncitizens who have been released from medical isolation; (E) the number of detained noncitizens identified as having 1 or more COVID-19 risk factors; (F) the number of noncitizens who have been released from detention because of 1 or more COVID-19 risk factors, disaggregated by their applicable risk factor; (G) the number of detained noncitizens with active COVID-19 cases in the previous weekly report who are not included in the present report, disaggregated by the specific reason for such exclusion, including release, negative COVID-19 test, transfer, removal from the United States, and absence of COVID-19 symptoms; (H) the number of detained noncitizens who have died from COVID-19; (I) the number of detained noncitizens who died after testing positive for COVID-19, but the official cause of death was not COVID-19; (J) the number of detention facility staff hospitalized for a case of COVID-19; (K) the number of detention facility staff who have recovered from COVID-19; and (L) the number of detention facility staff who have died from a case of COVID-19. (4) General medical attention.--The number of detained noncitizens who have requested general medical attention, including the number of such requests that were denied and the reasons for such denials. (5) Daily population.--Average daily population of detained noncitizens for the week preceding the COVID-19 emergency data collection period and for all weeks during such period. (6) Vaccinations.--Data related to distribution of the COVID-19 vaccine, including-- (A) the policies of the facility relating to the distribution of the COVID-19 vaccination to detained noncitizen persons and detention facility staff, including-- (i) how the facility is prioritizing distribution among detention facility staff and detained noncitizens; and (ii) any changes or updates made to the policies; (B) the total number of COVID-19 vaccine doses that the facility has received up to the date of the report, disaggregated by the types of COVID-19 vaccine the facility has received; (C) the number of COVID-19 vaccine doses that the facility has in inventory as of the date of the report, disaggregated by the types of COVID-19 vaccine the facility has in inventory; (D) the total number and percentage of detained noncitizens-- (i) who have been offered a COVID-19 vaccine, disaggregated by the types of COVID-19 vaccine offered at each facility; (ii) who received a first dose of the COVID-19 vaccine during the week immediately preceding the date of the report, disaggregated by the types of COVID-19 vaccine administered at each facility; (iii) who received a first dose of the COVID-19 vaccine before the date of the report, disaggregated by the type of COVID-19 vaccine administered at each facility; (iv) who are fully vaccinated, either because the person received a second dose of the COVID-19 vaccine or because the COVID-19 vaccine the person received required only 1 dose, disaggregated by the type of COVID-19 vaccine administered at each facility; and (v) who refused the COVID-19 vaccine; (E) the total number and percentage of detention facility staff-- (i) who have been offered a COVID-19 vaccine, disaggregated by the type of COVID-19 vaccine offered at each facility; (ii) who received a first dose of the COVID-19 vaccine during the week immediately preceding the date of the report, disaggregated by the type of COVID-19 vaccine administered at each facility; (iii) who received a first dose of the COVID-19 vaccine before the date of the report, disaggregated by the types of COVID-19 vaccine administered at each facility; (iv) who are fully vaccinated, either because the person received a second dose of the COVID-19 vaccine or because the COVID-19 vaccine the person received required only 1 dose, disaggregated by the type of COVID-19 vaccine administered at each facility; or (v) who refused the COVID-19 vaccine; and (F) in the case of detained noncitizens and detention facility staff described in subparagraph (D)(v) or (E)(v), respectively, the 3 most common reasons given for refusing the COVID-19 vaccine. (7) Transferred noncitizens.--Data related to the COVID-19 testing, results, and case outcomes (at the time of release) of noncitizens who were transferred between detention facilities during the reporting period, including-- (A) the number of all individuals who were transferred, including-- (i) the dates on which such transfers occurred; (ii) the number of such noncitizens who were tested and received a result before their transfer; and (iii) the number of such noncitizens who were not tested or did not receive a result before their transfer; (B) the purposes of such transfers; (C) the dates on which COVID-19 testing occurred during the transfer process; (D) the number of transferees who tested positive at any point during the transfer process; (E) the number of positive COVID-19 cases in the transferring facility and in the arriving facility at the time of each such transfer; (F) the number of transferees who received a first dose of the COVID-19 vaccine before being transferred, disaggregated by the type of COVID-19 vaccine administered; and (G) the number of transferees who were fully vaccinated before being transferred, either because the person received a second dose of the COVID-19 vaccine or because the COVID-19 vaccine the person received required only 1 dose, disaggregated by the type of COVID-19 vaccine administered. (8) Released noncitizens.--Data related to the COVID-19 testing, results, and case outcomes (at the time of release) of noncitizens who were released from detention, and juvenile noncitizens who were released from the custody of the Department of Health and Human Services, during the reporting period, disaggregated by the type of release, and including-- (A) individuals released to alternatives to detention programs as a result of the COVID-19 public health emergency; (B) any recent positive COVID-19 tests and referrals to external medical care; (C) the number of noncitizens released who received a first dose of the COVID-19 vaccine before being released, disaggregated by the type of COVID-19 vaccine administered; and (D) the number of noncitizens who were fully vaccinated before being released, either because the person received a second dose of the COVID-19 vaccine or because the COVID-19 vaccine the person received required only 1 dose, disaggregated by the type of COVID-19 vaccine administered. (9) Removed noncitizens.--Data related to the COVID-19 testing, results, and case outcomes (at the time of removal or expulsion) of noncitizens who were deported from an ICE, CBP, ORR, or contract detention facility during the reporting period, including-- (A) any recent positive COVID-19 tests and referrals to external medical care; (B) the number of noncitizens removed or expelled from the United States; (C) the number of such noncitizens who were tested and received a result before their removal or expulsion; (D) the number of such noncitizens who were not tested or did not receive a result before their removal or expulsion; (E) the number of such noncitizens who received a first dose of the COVID-19 vaccine before their removal, disaggregated by the type of COVID-19 vaccine administered; (F) the number of such noncitizens who were fully vaccinated before their removal, either because the person received a second dose of the COVID-19 vaccine or because the COVID-19 vaccine the person received required only 1 dose, disaggregated by the type of COVID-19 vaccine administered; and (G) the countries to which noncitizens are removed or expelled from the United States. (10) Book-ins.--Data related to facility book-ins, including cumulative and new (since the previous report) counts of-- (A) the number of noncitizens booked into each facility, disaggregated by-- (i) initial and total book-ins (including transfers); (ii) arresting agency; (iii) initial book-ins from ORR custody (if applicable); and (iv) initial book-ins from other Federal, State, or local government agencies, including the United States Marshals Service and the Bureau of Prisons. (11) Facility staff.--The total number of facility staff during the current reporting period. (b) Disaggregation of Data.-- (1) In general.--The data described in subsection (a) shall be disaggregated by sex, sexual orientation, gender identity, age, race, ethnicity, disability, language spoken, last known place of residence, location at which the individual is being detained, nationality, and statutory authority for detention. (2) Exclusion of individuals incarcerated for nonimmigration reasons at contract detention facilities.--Data regarding individuals incarcerated at contract detention facilities for nonimmigration reasons shall be excluded from the data described in subsection (a). (c) Detention Period.--The data described in subsection (a) with respect to detained noncitizens who are infected with COVID-19 shall include, to the extent practicable, the period of their detention. SEC. 6. PRIVACY PROTECTIONS. (a) In General.--Any data collected, stored, received, or published under this Act-- (1) shall be collected, stored, received, or published in a manner that protects the privacy of individuals whose information is included in such data; (2) shall be de-identified or anonymized in a manner that protects the identity of all individuals whose information is included in such data; (3) shall comply with privacy protections provided under the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note); and (4) shall be limited in use for the purpose of public health and be protected from all other internal use by any entity that collects, stores, or receives the data, including use of such data in determinations of eligibility (or continued eligibility) in health plans, and from any other inappropriate uses. (b) Restriction on Use of COVID-19 Status in Immigration Proceedings.--The Government may not use an noncitizen's positive COVID-19 test, an noncitizen's treatment for COVID-19 symptoms, or the state of the COVID-19 pandemic in the noncitizen's country of origin as evidence against the noncitizen in any immigration proceeding, including-- (1) a proceeding to determine if the noncitizen is a public charge; and (2) proceedings involving asylum, withholding of removal, and protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984. SEC. 7. COVID-19 SAFETY PROTOCOLS AND PRACTICES. (a) In General.--Not later than 30 days after the date of the enactment of this Act, the Director of U.S. Immigration and Customs Enforcement, the Commissioner of U.S. Customs and Border Protection, the Director of the Office of Refugee Resettlement, and any senior official acting in, or performing the duties of, any such position shall submit a report to the congressional committees referred to in section 4(c) that identifies, for each detention facility under the jurisdiction of the applicable agency head, including contract detention facilities, the protocols and practices for protecting detained noncitizens from exposure to the novel coronavirus (SARS-CoV- 2), including-- (1) the health standards at the facility, including-- (A) the standards for transfer to hospital or other specialized care; (B) the procedure for the detained person to request and obtain a COVID-19 test and associated results; and (C) detained noncitizens access to information about the facility's COVID-19 plans and protocols; (2) the medical care provided to detained noncitizens, including-- (A) the specific efforts to cohort smaller groups of detained people; (B) the specific efforts to provide humane medical isolation to symptomatic people, and separately, people who have tested positive for COVID-19; and (C) the standards for clinical monitoring of symptomatic and COVID-19 positive detained persons; and (3) the sanitation practices at the facility, including the frequency and amount of detained noncitizens' access to soap and masks. (b) Notification of Outbreak or Exposure.--Each detention facility shall create, share, and enforce a process for notifying anyone who has recently entered or visited such facility of any COVID-19 outbreak or exposure at such facility. SEC. 8. ACCESS TO LEGAL COUNSEL. Not later than 30 days after the date of the enactment of this Act, and monthly thereafter, the Director of U.S. Immigration and Customs Enforcement, the Commissioner of U.S. Customs and Border Protection, the Director of the Office of Refugee Resettlement, the head of each contract detention facility, and any senior official acting in, or performing the duties of, any such position shall submit a report to the congressional committees referred to in section 4(c) that identifies, for each detention facility for which he or she is responsible-- (1) the efforts made to ensure that each noncitizen detained in such facility has access to legal counsel; (2) if any detained noncitizen does not have access to legal counsel, the changes being made to ensure universal access to legal counsel; (3) the number of telephones available to detained noncitizens; (4) the number of detained noncitizens who have used the free telephone call minutes available to them; (5) the number of detained noncitizens who have access to video conference technology with their legal counsel and the number of detained noncitizens who have used video conference technology to communicate with their legal counsel; (6) the number of computers or internet-enabled portable electronic devices available to detained noncitizens; and (7) the process for notifying the public when the facility is locked down because of an outbreak, including the accommodations made during such lockdowns to provide detained noncitizens with increased access to telephones or videoconferencing. SEC. 9. RIGHT OF DETAINED NONCITIZENS TO ACCESS TEST RESULTS. The Director of U.S. Immigration and Customs Enforcement, the Commissioner of U.S. Customs and Border Protection, the Director of the Office of Refugee Resettlement, the head of each contract detention facility, and any senior official acting in, or performing the duties of, any such position shall ensure that each detained noncitizen receives the results of, and any medical records related to, any COVID- 19 diagnostic test administered to the noncitizen, in the noncitizen's preferred language, and in a private and confidential manner, not later than 24 hours after such results become available. <all>

COVID–19 in Immigration Detention Data Transparency Act

A bill to report data on COVID-19 immigration detention facilities and local correctional facilities that contract with U.S. Immigration and Customs Enforcement, and for other purposes.

COVID–19 in Immigration Detention Data Transparency Act

Sen. Warren, Elizabeth

D

MA

H.R.4225

Crime and Law Enforcement

3D Printed Gun Safety Act of 2021 This bill makes it unlawful to intentionally publish digital instructions for programming a three-dimensional printer to make a firearm.

To amend chapter 44 of title 18, United States Code, to prohibit the distribution of 3D printer plans for the printing of firearms, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``3D Printed Gun Safety Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) Three dimensional, or ``3D'' printing, involves the programming of a 3D printing machine with a computer file that provides the schematics for the item to be printed. (2) Recent technological developments have allowed for the 3D printing of firearms and firearm parts, including parts made out of plastic, by unlicensed individuals in possession of relatively inexpensive 3D printers. (3) Because 3D printing allows individuals to make their own firearms out of plastic, they may be able to evade detection by metal detectors at security checkpoints, increasing the risk that a firearm will be used to perpetrate violence on an airplane or other area where people congregate. (4) The availability of online schematics for the 3D printing of firearms and firearm parts increases the risk that dangerous people, including felons, domestic abusers, and other people prohibited from possessing firearms under Federal law, will obtain a firearm through 3D printing. (5) On June 7, 2013, an assailant used a gun he had constructed by himself to kill his father, brother, and 3 other people at Santa Monica College in California. The person had failed a background check when he tried to purchase a gun from a licensed gun dealer. The gun he used was made from an unfinished AR-15-style receiver, similar to a receiver that can now be made with a 3D printer. (6) Firearms tracing is a powerful investigative tool. When law enforcement agencies recover firearms that have been used in crimes, the agencies work with the Bureau of Alcohol, Tobacco, Firearms, and Explosives to trace these firearms to their first retail purchaser. The agencies can use that information to investigate and solve the crimes. In 2019 alone, the Bureau of Alcohol, Tobacco, Firearms, and Explosives traced and recovered 269,250 firearms. (7) Firearms tracing depends on the ability to identify firearms based on their serial number. Traditionally, when a firearm is manufactured domestically or imported from abroad, it is engraved with a serial number and markings that identify the manufacturer or importer, make, model, and caliber, and are unique to the firearm. Firearms made by unlicensed individuals with 3D printers, however, do not contain genuine serial numbers. (8) Criminals seek firearms without serial numbers because they cannot be traced. In July 2018, the Los Angeles Police Department completed a 6-month-long investigation that resulted in the seizure of 45 firearms, some of which had been assembled without serial numbers in order to be untraceable. If the schematics for 3D printing firearms and firearm parts are available online, people intending to commit gun crimes may create similarly untraceable firearms in order to avoid accountability for these crimes. (9) Interstate gun trafficking, including the trafficking of untraceable firearms, interferes with lawful commerce in firearms and significantly contributes to gun crime. Of the 269,250 firearms traced by the Bureau of Alcohol, Tobacco, Firearms, and Explosives in 2019, 75,513 of those firearms were originally sold by a licensed firearms dealer in a State other than the State where they were recovered. These guns made up 28.0 percent of all firearm recoveries in 2019. (10) The proliferation of 3D printed firearms threatens to undermine the entire Federal firearms regulatory scheme and to endanger public safety and national security. By making illegal the distribution of certain computer code that can be used automatically to program 3D printers and create firearms--the only means of combating this unique threat--Congress seeks not to regulate the rights of computer programmers under the First Amendment to the Constitution of the United States, but rather to curb the pernicious effects of untraceable--and potentially undetectable--firearms. SEC. 3. PROHIBITION. Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(aa) It shall be unlawful for any person to intentionally distribute, over the Internet or by means of the World Wide Web, digital instructions in the form of Computer Aided Design files or other code that can automatically program a 3-dimensional printer or similar device to produce a firearm or complete a firearm from an unfinished frame or receiver.''. <all>

3D Printed Gun Safety Act of 2021

To amend chapter 44 of title 18, United States Code, to prohibit the distribution of 3D printer plans for the printing of firearms, and for other purposes.

3D Printed Gun Safety Act of 2021

Rep. Deutch, Theodore E.

D

FL

H.R.5247

Health

Reducing Obesity in Youth Act of 2021 This bill requires the Centers for Disease Control and Prevention, in coordination with the Administration for Children and Families, to award grants to nonprofits, institutions of higher education, or consortia of these entities to promote healthy eating and physical activity and address food insecurity among children in early care and education settings.

To amend the Public Health Service Act to promote healthy eating and physical activity among children. Be it enacted by the Senate 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 Obesity in Youth Act of 2021''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) The COVID-19 pandemic has had serious impacts on the health and well-being of children and families. (2) Unemployment and poverty, as well as lengthy business, school, and child care closures, have all contributed to elevated levels of food insecurity, with an estimated 14,000,000 children in the United States not getting enough to eat. (3) Millions of children receive free or reduced-price meals through early childhood education programs, including school and early care and education programs such as childcare, Head Start, pre-kindergarten, and family childcare, making early childhood education an important setting for addressing food insecurity. (4) More than 30,000,000 children receive free or reduced- price meals on a daily basis, and access to both breakfast and lunch can provide some children with more than half of their daily caloric intake. (5) Due to financial instability during the COVID-19 pandemic, there is an increased likelihood of unhealthy weight gain among children as families shift to less costly, calorically dense, shelf-stable foods, rather than fresh foods. (6) Research has shown that early childhood is an important time for developing dietary and physical activity behaviors that support health and well-being and that may help prevent obesity. (7) Children who are exposed to healthy foods early are more likely develop eating habits that promote healthy growth that can continue throughout childhood, and healthy eating can improve a child's learning ability, potentially lead to higher academic performance, improve mental, social, and physical well-being, and contribute to increased self-esteem. (8) Research underscores the importance of physical activity in early childhood. It is not only essential for healthy weight maintenance, but also for practicing and learning fundamental gross motor skills and improving academic achievement. Furthermore, when children have the opportunity for adequate physical activity, they benefit physically, psychologically and socially. (9) Nearly 20 percent (1 in 5) of 2-year-olds spend more than 2 hours of a typical day watching television or videos, and the Journal of the American Medical Association Pediatrics found that each incremental hour of watching television at age 2 is associated with corresponding declines in school engagement, math achievement, and weekend physical activity, and with increases in bullying by classmates, consumption of soft drinks and snacks, and body mass index at age 10. (10) A study published in the New England Journal of Medicine in 2014 found that a third of children overweight in kindergarten had obesity by the eighth grade. Almost every child with severe obesity remained that way, suggesting that efforts must start much earlier and focus more on the children at greatest risk. (11) A study published in the New England Journal of Medicine in 2017 estimates that over 50 percent of 2-year-olds today will be obese by 35 years of age. (12) A study examining the National Health and Nutrition Examination Survey published in 2018 found an increase in prevalence of childhood obesity in 2015 and 2016. Childhood obesity for children between 2 and 5 years of age increased from 9 percent to 14 percent, the highest increase since 1999. (13) In 2016, about 82 percent of United States preschool- aged children were in childcare, and most of their day was spent in sedentary activities. (14) Early care and education centers serve approximately 7,500,000 children birth through age 5 years but not yet in kindergarten, making the early childhood care and education setting an important one for promoting healthful habits. (15) More than 122,000 children in 12 States have benefitted from efforts to support healthier early care and education programs. This includes the provision of training and coaching for childcare providers and technical assistance to State agencies to integrate nutrition and physical activity best practices into existing State and local systems. (b) Purposes.--The purposes of this Act are to-- (1) establish a program that will enhance the training and knowledge of early care and education providers and influence practices, policies, and environments in early care and education settings to support healthy eating and physical activity for children ages birth through 5, including by addressing the growing threat of food insecurity; (2) provide support to States on ways to link early care and education programs to nutrition supports; (3) monitor progress of healthy eating and physical activity promotion in early care and education settings; and (4) identify emerging, and expand existing, approaches to engaging families and parents of children ages birth to 5 in healthy eating and physical activity. SEC. 3. HEALTHY KIDS PROGRAM. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``PART W--HEALTHY KIDS PROGRAM ``SEC. 399OO. DEFINITIONS. ``In this part: ``(1) Director.--The term `Director' means the Director of the Centers for Disease Control and Prevention. ``(2) Early care and education.--The term `early care and education' means programs and activities that serve children ages birth through 5 years either through in-home or out-of- home settings, including childcare programs, Head Start programs, family childcare, and pre-kindergarten programs. ``SEC. 399OO-1. GRANTS. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in coordination with the Assistant Secretary for the Administration for Children and Families, shall award 5-year competitive grants to one or more eligible entities to improve healthy eating and physical activity and to address food insecurity among children ages birth through 5 years in early care and education settings. ``(b) Eligibility.--To be eligible to receive a grant under subsection (a), an entity shall-- ``(1) be-- ``(A) a nonprofit organization with expertise in early childhood health and childhood obesity prevention; ``(B) an institution of higher education or research center that employs faculty with relevant expertise and has expertise in training early care and education providers; or ``(C) a consortium of entities described in subparagraphs (A) and (B) that submit a single application to carry out activities under the grant jointly; and ``(2) submit to the Director an application at such time, in such manner, and containing such information as the Director may require. ``(c) Use of Funds.-- ``(1) In general.--An entity shall use amounts received under a grant under this section to work directly with implementing partners, which may include States, territories, Indian Tribes, municipalities, and nonprofit organizations, to-- ``(A) create sustainable programs to train early care and education providers through direct coaching and peer-learning, access to quality technical assistance, and professional development opportunities that are focused on healthy eating, physical activity, addressing food insecurity, and other topics that support children's healthy development, as determined by the Director; ``(B) build State capacity through training, technical assistance, and resources to integrate the promotion of healthy eating and physical activity into existing early care and education programs, systems, and initiatives, including linking early care and education programs to new and existing resources for nutrition supports, with a focus on promoting equity; ``(C) test innovative or evidence-informed approaches to promoting healthy habits and healthy child development in early care and education settings, which may include linking early care and education and health care providers, enhancing early care and education staff wellness, enhancing access to quality foods in the early care and education settings, and engaging families of children ages birth to 5 years served in the early care and education programs supported by a grant under this section. ``(2) Implementing partners.--In selecting States, territories, Indian tribes, municipalities, or nonprofit organizations to be implementing partners under a grant under this section, a grantee shall ensure that such partners-- ``(A) serve populations that are racially, ethnically, socioeconomically, and geographically diverse; and ``(B) represent a mix of rural and urban settings. ``(3) National independent evaluator.--From the amounts appropriated to carry out this section, and prior to awarding any grants under paragraph (1), the Director shall enter into a contract with an external entity to create a single, uniform process to-- ``(A) ensure that entities that receive grants under paragraph (1) comply with the requirements of this section; and ``(B) evaluate the outcomes of the grant activities carried out by each participating entity. ``(d) Tracking State Progress.--The Director may use amounts appropriated under subsection (f)(2) to enter into contracts with, or award grants to, institutions of higher education, nonprofit organizations, or other entities with relevant monitoring and surveillance expertise, for purposes of-- ``(1) tracking State progress in obesity prevention policies and practices of early care and education programs in States where grantees are present; and ``(2) measuring changes in food security within exposed groups. ``(e) Report.--Not later than 1 year after the completion of the programs and activities funded under grants awarded under this section, the Secretary shall submit to Congress, and all appropriate agencies, a report concerning an evaluation of the results of such programs, activities, and surveillance, including best practices, and lessons derived from the experiences of grantees with respect to reducing and preventing food insecurity and obesity and overweight among children ages birth through 5 years in the early care and education settings. ``(f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section-- ``(1) $5,000,000 for each of fiscal years 2022 through 2026; and ``(2) $1,700,000 for fiscal year 2022, to be used to track State progress in obesity prevention and food security policies and practices of early care and education programs in a sentinel set of States as provided for in subsection (d).''. <all>

Reducing Obesity in Youth Act of 2021

To amend the Public Health Service Act to promote healthy eating and physical activity among children.

Reducing Obesity in Youth Act of 2021

Rep. Cohen, Steve

D

TN

H.R.8493

Health

This bill permanently allows any site to serve as an originating site (i.e., the location of the beneficiary) for purposes of Medicare telehealth services, including a beneficiary's home.

To amend title XVIII of the Social Security Act to remove geographic requirements and expand originating sites for telehealth services. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REMOVING GEOGRAPHIC REQUIREMENTS AND EXPANDING ORIGINATING SITES FOR TELEHEALTH SERVICES. Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended-- (1) in paragraph (2)(B)(iii) by striking ``during the 151- day period beginning on'' and inserting ``on or after''; and (2) in paragraph (4)(C)(iii) by striking ``during the 151- day period beginning on'' and inserting ``on or after''. <all>

To amend title XVIII of the Social Security Act to remove geographic requirements and expand originating sites for telehealth services.

To amend title XVIII of the Social Security Act to remove geographic requirements and expand originating sites for telehealth services.

Official Titles - House of Representatives Official Title as Introduced To amend title XVIII of the Social Security Act to remove geographic requirements and expand originating sites for telehealth services.

Rep. Buchanan, Vern

R

FL

H.R.6054

Finance and Financial Sector

Small Business Lending Disclosure Act of 2021 This bill applies specified commercial lending protections to small business lending and extends the Consumer Financial Protection Bureau's regulatory authority regarding consumer financial products and services to include small business financing. Among other requirements, lenders offering financial products to small businesses must disclose the terms of the financing upon extending an offer and are prohibited from charging certain additional fees on a refinanced or modified loan.

To apply the Truth in Lending Act to small business financing, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Lending Disclosure Act of 2021''. SEC. 2. APPLICATION OF THE TRUTH IN LENDING TO SMALL BUSINESS FINANCING. (a) In General.--The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended by adding at the end the following: ``CHAPTER 6--SMALL BUSINESS FINANCING ``191. Definitions. ``192. Application of this title to small business financing. ``193. Additional disclosures. ``194. Restrictions on double-dipping. ``195. Additional provisions. ``Sec. 191. Definitions ``In this chapter: ``(1) Closed-end commercial credit.--The term `closed-end commercial credit'-- ``(A) means a closed-end extension of credit, secured or unsecured, including financing with an established principal amount and including equipment financing that does not meet the definition of a lease under the Uniform Commercial Code (U.C.C.--Sec. 2A- 103(j)) the proceeds of which the recipient does not intend to use primarily for personal, family or household purposes; and ``(B) includes financing with an established principal amount and duration. ``(2) Consumer financial product or service.--The term `consumer financial product or service' has the meaning given that term under section 1002 of the Consumer Financial Protection Act of 2010. ``(3) Director.--The term `Director' means the Director of the Bureau. ``(4) Factoring.--The term `factoring' means a transaction that includes an agreement to purchase, transfer, or sell a legally enforceable claim for payment held by a recipient for goods the recipient has supplied or services the recipient has rendered that have been ordered but for which payment has not yet been made. ``(5) Finance charge.-- ``(A) In general.--The term `finance charge' means the cost of financing as a dollar amount, and includes any charge payable directly or indirectly by the recipient of the financing and imposed directly or indirectly by the provider of the financing as an incident to or a condition of the extension of financing. ``(B) Calculation in open-end commercial credit plans.--In any open-end commercial credit plan, the finance charge shall be computed assuming the maximum amount of credit available to the recipient, in each case, is drawn and repaid at the minimum rate. ``(C) Calculation in factoring transactions.--In any factoring transaction, the finance charge shall include the discount taken on the face value of the accounts receivable. ``(D) Calculation in lease financing transactions.--In any lease financing transaction, the finance charge shall include the sum of the lease payments and, if there is a fixed-price purchase option or a purchase option with a price that can be calculated at the time of disclosure, the purchase price listed in the contract that the lessee may pay to acquire the leased goods at the end of the lease, minus-- ``(i) if the finance company selects, manufactures, or supplies the goods to be leased, the price that the finance company would sell the goods in a cash transaction; or ``(ii) if the finance company does not select, manufacture, or supply the goods to be leased, the price the finance company will pay to acquire the property to be leased. ``(E) Inclusion of certain prepayment charges.-- ``(i) In general.--If, as a condition of obtaining the offered commercial financing the provider requires the recipient to pay off the balance of an existing loan or advance from the same provider, any prepayment charge or penalty required to be paid on the existing financing shall be included as a financing charge. ``(ii) Treatment when repayment amount is calculated as a fixed amount.--For purposes of clause (i), for financing for which the total repayment amount is calculated as a fixed amount, the prepayment charge is equal to the original finance charge multiplied by the required prepayment amount as a percentage of the total repayment amount, minus any portion of the total repayment amount forgiven by the provider at the time of prepayment. ``(6) Open-end commercial credit plan.--The term `open-end commercial credit plan' means any small business financing provided by a person under a plan in which the person reasonably contemplates repeat transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance. ``(7) Provider.--The term `provider' mean a person who offers or provides small business financing. ``(8) Recipient.--The term `recipient' means a person who is presented an offer of small business financing. ``(9) Sales-based financing.--The term `sales-based financing'-- ``(A) means a transaction where there is an extension of financing to a recipient that is repaid by the recipient, over time, as a percentage of sales or revenue, in which the payment amount may increase or decrease according to the volume of sales made or revenue received by the recipient; and ``(B) includes transactions with a `true-up mechanism'. ``(10) Small business.--The term `small business' has the meaning given the term `small-business concern' under section 3 of the Small Business Act (15 U.S.C. 632). ``(11) Small business financing.--The term `small business financing'-- ``(A) means any line of credit, closed-end commercial credit, sales-based financing, or other non- equity obligation or alleged obligation of a partnership, corporation, cooperative, association, sole proprietorship, or other entity that is $2,500,000 or less; and ``(B) does not include any obligation or alleged obligation of an individual that is primarily for personal, family, or household purposes. ``(12) Specific offer.--The term `specific offer' means the specific terms of small business financing, including price or amount, that is quoted to a recipient, based on information obtained from, or about the recipient, which, if accepted by a recipient, shall be binding on the provider, as applicable, subject to any specific requirements stated in such terms. ``Sec. 192. Application of this title to small business financing ``(a) In General.--This title shall apply to small business financing made to a small business to the same extent as this title applies to extensions of credit made to a consumer. ``(b) Rulemaking.--The Director shall issue such rules as may be required to carry out this chapter. ``(c) Bureau Authority.--For purposes of carrying out this chapter and other Federal laws, including the Consumer Financial Protection Act of 2010, the Bureau shall have the same authority with respect to small business financing as the Bureau has with respect to consumer financial products and services. ``Sec. 193. Additional disclosures ``(a) In General.--Any provider offering small business financing to a small business shall disclose the following pieces of information to a recipient at the time of extending a specific offer for small business financing: ``(1) Financing amount.--The total amount to be paid to the small business, taking into account all fees and charges to be withheld at disbursement. ``(2) Annual percentage rate.-- ``(A) Closed-end commercial credit.--With respect to closed-end commercial credit, the annual percentage rate, using only the words `annual percentage rate' or the abbreviation `APR', expressed as a yearly rate, inclusive of any fees and finance charges that cannot be avoided by a recipient. ``(B) Open-end commercial credit plans.--With respect to open-end commercial credit plans, the annual percentage rate, using only the words `annual percentage rate' or the abbreviation `APR', expressed as a nominal yearly rate, inclusive of any fees and finance charges that cannot be avoided by a recipient, based on the maximum amount of credit available to the recipient and the term resulting from making the minimum required payments term as disclosed. ``(C) Sales-based financing.-- ``(i) In general.--With respect to sales- based financing, the estimated annual percentage rate, using the words `annual percentage rate' or the abbreviation `APR', expressed as a yearly rate, inclusive of any fees and finance charges, based on the estimated term of repayment and the projected periodic payment amounts. ``(ii) Calculation of certain payment amounts.--The estimated term of repayment and the projected periodic payment amounts shall be calculated based on the projection of the recipient's sales, called the projected sales volume. ``(iii) Calculation of projected sales volumes.--For purposes of clause (ii), the projected sales volume may be calculated-- ``(I) according to a method defined by the Director based on the recipient's historical sales volume over a defined period of time that is used for all sales-based financing transactions by that provider; or ``(II) by another method defined by the provider and approved by the Director, with ongoing monitoring by the Director for accuracy based on a comparison of the annual percentage rate as disclosed to the recipient and as calculated retrospectively upon repayment of the financing. ``(D) Factoring.-- ``(i) In general.--With respect to factoring, the estimated annual percentage rate, using that term. ``(ii) Calculation.--To calculate the estimated annual percentage rate under clause (i)-- ``(I) the purchase amount shall be considered the financing amount; ``(II) the purchase amount minus the total cost of financing shall be considered the payment amount; and ``(III) the term is established by the payment due date of the receivables. ``(iii) Alternate method to estimate term.--Notwithstanding clause (ii)(III), a provider may estimate the term for a factoring transaction as the average payment period, its historical data over a period not to exceed the previous twelve months, concerning payment invoices paid by the party owing the accounts receivable in question. ``(3) Payment amount.--With respect to small business financing other than factoring-- ``(A) for payment amounts that are fixed-- ``(i) the payment amounts and frequency (e.g., daily, weekly, monthly); and ``(ii) if the term is longer than one month and payment frequency is other than monthly, the average total monthly payment amount; or ``(B) for payment amounts that are variable-- ``(i) a full payment schedule or a description of the method used to calculate the amounts and frequency of payments; and ``(ii) if the term is longer than one month, the estimated average total monthly payment amount. ``(4) Term.--For financing other than factoring, the term of the small business financing, either in months or in years, or, if the term is not fixed, the estimated term, calculated using the same assumptions used to calculate the estimated annual percentage rate. ``(5) Finance charge.--The finance charge of the small business financing, broken down to show what expenses and fees are included in the finance charge. ``(6) Prepayment cost or savings.--In the event that a recipient elects to pay off or refinance the small business financing prior to full repayment, the provider must disclose-- ``(A) whether the recipient would be required to pay any finance charges other than interest accrued since the recipient's last payment; ``(B) if the recipient is required to pay the finance charges described under subparagraph (A), the percentage of any unpaid portion of the finance charge and maximum dollar amount the recipient could be required to pay; and ``(C) whether the recipient would be required to pay any additional fees not already included in the finance charge. ``(7) Collateral requirements.--Any collateral requirement that will be imposed on the small business in connection with the small business financing. ``(b) Form of Disclosures.-- ``(1) In general.--Disclosures made pursuant to this section shall be in writing, at the time a specific offer is made, and in a manner that is clear, conspicuous, complete, and allows the small business to compare the range of small business financing options that the small business may be considering. ``(2) Prominence of disclosures.--In making any disclosure pursuant to this section, the disclosures required under paragraphs (1), (2), and (3) of subsection (a) shall be displayed most prominently. ``Sec. 194. Restrictions on double-dipping ``When a lender of small business financing refinances or modifies an existing loan with a fixed fee as the primary financing charge, the lender may not charge a fee on the small business's outstanding principal unless there is a tangible benefit to the small business. ``Sec. 195. Additional provisions ``(a) Rule of Construction.--Nothing in this chapter may be construed to prevent a provider from providing or disclosing additional information on a small business financing being offered to a recipient, provided however, that such additional information may not be disclosed as part of the disclosure required by this chapter. ``(b) Use of Terms.-- ``(1) Rate.--If other metrics of financing cost are disclosed or used in the application process of a small business financing, these metrics shall not be presented as a `rate' if they are not the annual interest rate or the annual percentage rate. ``(2) Interest.--The term `interest', when used to describe a percentage rate to a recipient or potential recipient, shall only be used to describe annualized percentage rates, such as the annual interest rate. ``(c) Requirement To State APR.--When a provider states in writing a rate of finance charge or a financing amount to a recipient during an application process for small business financing, the provider shall also state the annual percentage rate or, in the case of sales-based financing or factoring, the estimated annual percentage rate, with equal or greater prominence, using the term `annual percentage rate' or the abbreviation `APR'.''. (b) Clerical Amendment.--The table of chapters for the Truth in Lending Act is amended by adding at the end the following: ``6. Small Business Financing ... 191''. (c) Rulemaking Deadline.--Not later than the end of the 24-month period beginning on the date of enactment of this Act, the Director of the Bureau of Consumer Financial Protection shall issue final rules to carry out the amendments made by this section. (d) Effective Date.--Chapter 6 of the Truth in Lending Act, as added by subsection (a), shall take effect after the end of the 36- month period beginning on the date of enactment of this Act. <all>

Small Business Lending Disclosure Act of 2021

To apply the Truth in Lending Act to small business financing, and for other purposes.

Small Business Lending Disclosure Act of 2021

Rep. Velazquez, Nydia M.

D

NY

H.R.8242

Economics and Public Finance

National Debt is National Security Act This bill establishes limits on the amount of public debt that may be held by foreign governments, entities, and individuals. The bill allows the President to waive the limits if the President determines and reports to Congress that an important national interest requires the waiver.

To establish limitations on the amount of debt issued by the United States which may be held by foreign governments, entities, and individuals. Be it enacted by the Senate 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 Debt is National Security Act''. SEC. 2. LIMIT ON PUBLIC DEBT HELD BY FOREIGN GOVERNMENTS, ENTITIES, AND INDIVIDUALS. (a) In General.--Subchapter I of chapter 31 of title 31, United States Code, is amended by inserting after section 3113 the following: ``Sec. 3114. Limit on public debt held by foreign governments, entities, and individuals ``(a) In General.-- ``(1) Cumulative limit.--Notwithstanding any other provision of this chapter, the amount of the national debt which is cumulatively held by foreign governments, entities organized or incorporated under the laws of a foreign country, and citizens of foreign countries shall not exceed an amount equal to one-fourth of the national debt. ``(2) Country-specific limit.--Notwithstanding any other provision of this chapter, with respect to any foreign country, the amount of the national debt which is cumulatively held by the government of such country, entities organized or incorporated under the laws of such country, and citizens of such country shall not exceed an amount equal to 5 percent of the national debt. ``(b) Determination.--The Secretary of the Treasury, in coordination with the Director of the Office of Management and Budget, shall issue guidance regarding implementation of this section, including calculation of the amount of the national debt held by foreign governments, entities organized or incorporated under the laws of a foreign country, and citizens of foreign countries. ``(c) Presidential Waiver.-- ``(1) In general.--The President may waive the application of paragraph (1) or (2) of subsection (a) if the President determines and, pursuant to paragraph (2), so reports that the important national interest of the United States requires the exercise of such waiver authority. ``(2) Congressional notification.--Not later than the date of the exercise of a waiver under paragraph (1), the President shall notify the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate of the waiver or the intention to exercise the waiver, together with a detailed justification thereof. ``(d) National Debt.--For purposes of this section, the term `national debt' means the face amount of obligations issued under this chapter and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury).''. (b) Clerical Amendment.--The table of sections of subchapter I of chapter 31 of title 31, United States Code, is amended by inserting after the item relating to section 3113 the following: ``3114. Limit on public debt held by foreign governments, entities, and individuals.''. <all>

National Debt is National Security Act

To establish limitations on the amount of debt issued by the United States which may be held by foreign governments, entities, and individuals.

National Debt is National Security Act

Rep. Franklin, C. Scott

R

FL

S.3234

Armed Forces and National Security

HBCU National Security Innovation Act of 2021 This bill authorizes the Office of the Under Secretary of Defense for Research and Engineering within the Department of Defense (DOD) to establish activities to better connect historically Black colleges and universities (HBCUs) and minority-serving institutions to the programs of the Defense Innovation Unit (DIU). DOD must brief the congressional defense committees on activities conducted to expand DIU programs to HBCUs and minority-serving institutions and recommendations for how DOD and the federal government can support such institutions to successfully participate in DIU programs.

To provide for outreach and assistance to historically Black colleges and universities regarding Defense Innovation Unit 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 ``HBCU National Security Innovation Act of 2021''. SEC. 2. OUTREACH TO HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND MINORITY SERVING INSTITUTIONS REGARDING DEFENSE INNOVATION UNIT PROGRAMS THAT PROMOTE ENTREPRENEURSHIP AND INNOVATION AT INSTITUTIONS OF HIGHER EDUCATION. (a) Pilot Program.--The Under Secretary of Defense for Research and Engineering may establish activities, including outreach and technical assistance, to better connect historically Black colleges and universities and minority serving institutions to the programs of the Defense Innovation Unit and its associated programs. (b) Briefing.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall brief the congressional defense committees on the results of any activities conducted under subsection (a), including the results of outreach efforts, the success of expanding Defense Innovation Unit programs to historically Black colleges and universities and minority serving institutions, the barriers to expansion, and recommendations for how the Department of Defense and the Federal Government can support such institutions to successfully participate in Defense Innovation Unit programs. <all>

HBCU National Security Innovation Act of 2021

A bill to provide for outreach and assistance to historically Black colleges and universities regarding Defense Innovation Unit programs.

HBCU National Security Innovation Act of 2021

Sen. Ossoff, Jon

D

GA

H.R.7312

International Affairs

This bill prohibits using federal funds to support or facilitate (1) Russia's participation in a Group of Seven (G-7) proceeding, or (2) a reconstituted Group of Eight (G-8) that includes Russia. (The G-7 is an informal group consisting of seven of the world's largest advanced economies. In 2014, the G-8 became the G-7 when Russia 's membership was suspended following Russia's annexation of the Crimea region of Ukraine.)

To prohibit the use of Federal funds to support or facilitate the participation of the Russian Federation in the Group of Seven, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PROHIBITION ON RUSSIAN PARTICIPATION IN THE G7. (a) Statement of Policy.--It is the policy of the United States to exclude the Russian Federation from the Group of Seven or reconstitute a Group of Eight that includes the Russian Federation. (b) Limitation.--Notwithstanding any other provision of law, no Federal funds are authorized to be appropriated or otherwise made available to take any action to support or facilitate-- (1) the participation of the Russian Federation in a Group of Seven proceeding; or (2) the reconstitution of a Group of Eight that includes the Russian Federation. <all>

To prohibit the use of Federal funds to support or facilitate the participation of the Russian Federation in the Group of Seven, and for other purposes.

To prohibit the use of Federal funds to support or facilitate the participation of the Russian Federation in the Group of Seven, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To prohibit the use of Federal funds to support or facilitate the participation of the Russian Federation in the Group of Seven, and for other purposes.

Rep. Keating, William R.

D

MA

H.R.8763

Government Operations and Politics

Federal Retirement Thrift Investment Board Inspector General Act of 2022 This bill establishes a Federal Retirement Thrift Investment Board Inspector General.

To amend the Inspector General Act of 1978 to establish a Federal Retirement Thrift Investment Board Inspector General, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Retirement Thrift Investment Board Inspector General Act of 2022''. SEC. 2. ESTABLISHMENT OF FEDERAL RETIREMENT THRIFT INVESTMENT BOARD INSPECTOR GENERAL. Section 12 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) in paragraph (1), by inserting ``the Executive Director of the Federal Retirement Thrift Investment Board;'' before ``or the Director of the National''; and (2) in paragraph (2), by inserting ``the Federal Retirement Thrift Investment Board,'' before ``or the National''. <all>

Federal Retirement Thrift Investment Board Inspector General Act of 2022

To amend the Inspector General Act of 1978 to establish a Federal Retirement Thrift Investment Board Inspector General, and for other purposes.

Federal Retirement Thrift Investment Board Inspector General Act of 2022

Del. Norton, Eleanor Holmes

D

DC

H.R.9709

Transportation and Public Works

To direct the Administrator of the Federal Aviation Administration to issue regulations, policy, and guidance to ensure the safety of the aviation system, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting the Safety of Air Traffic Control and the Aviation System Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Since its establishment in 1958, the Federal Aviation Administration, originally named the Federal Aviation Agency, has been responsible for-- (A) promoting the safe flight of civil aircraft in air commerce; (B) ensuring the safe, secure, and efficient use of the national airspace system and provision of air navigation services; and (C) overseeing the certification and continued airworthiness of aircraft and other aeronautical products. (2) Congress has repeatedly tasked the Federal Aviation Administration with responsibility for securing the national airspace system, including the air traffic control system, airspace management, civil aircraft, and aeronautical products and articles through safety regulation and oversight. These mandates have routinely included protecting against associated cyber threats affecting aviation safety or the Administration's provision of safe, secure, and efficient air navigation services and airspace management. (3) In 2003, Congress passed the Vision 100--Century of Aviation Reauthorization Act, which directed the Federal Aviation Administration to develop and submit a report on an integrated plan to ensure that the Next Generation Air Transportation System meets future air transportation safety, security, mobility, efficiency, and capacity needs. (4) In 2012, Congress passed the FAA Modernization and Reform Act of 2012, which directed the Federal Aviation Administration to develop a NextGen Implementation Plan with a detailed description of how the agency is implementing the Next Generation Air Transportation System, and contingency plans for dealing with the degradation of the System in the event of a natural disaster, major equipment failure, or act of terrorism. (5) In 2016, Congress passed the FAA Extension, Safety, and Security Act of 2016, which established requirements for the Federal Aviation Administration to enhance the national airspace system's cybersecurity and included mandates for the Administration to-- (A) develop a cybersecurity strategic plan; (B) coordinate with other Federal agencies to identify cyber vulnerabilities; (C) develop a cyber threat model; and (D) complete a comprehensive, strategic policy framework to identify and mitigate cybersecurity risks to the air traffic control system. (6) In 2018, Congress passed the FAA Reauthorization Act of 2018 which-- (A) authorized funding for the construction of Federal Aviation Administration facilities dedicated to improving the cybersecurity of the national airspace system; (B) required the Federal Aviation Administration to publish a 5-year roadmap for the introduction of civil unmanned aircraft systems into the national airspace system with an update on the advancement of technologies needed to integrate unmanned aircraft systems into the national airspace system, including decision making by adaptive systems and cyber physical systems security; (C) required the Federal Aviation Administration to develop a plan to allow for the implementation of unmanned aircraft systems traffic management services, including an assessment of cybersecurity protections, data integrity, and national and homeland security benefits of such a system; (D) mandated that the Federal Aviation Administration consider revising Federal Aviation Administration regulations regarding airworthiness certification to address cybersecurity for avionics systems, including software components and to require that aircraft avionics systems used for flight guidance or aircraft control be secured against unauthorized access and that avionics systems be protected from unauthorized external and internal access; (E) required the Federal Aviation Administration to review and update its comprehensive, strategic policy framework for cybersecurity to assess the degree to which the framework identifies and addresses known cybersecurity risks associated with the aviation system, and evaluate existing short- and long-term objectives for addressing cybersecurity risks to the national airspace system; (F) created a Chief Technology Officer position within the Federal Aviation Administration to be responsible for, among other things, coordinating the implementation, operation, maintenance, and cybersecurity of technology programs relating to the air traffic control system with the aviation industry and other Federal agencies; (G) directed the National Academy of Sciences to study the cybersecurity workforce of the Federal Aviation Administration in order to develop recommendations to increase the size, quality, and diversity of such workforce; and (H) required the Federal Aviation Administration to develop a comprehensive plan to attract, develop, train, and retain talented individuals in the fields of systems engineering, systems architecture, systems integration, digital communications, and cybersecurity. (7) Congress has tasked the Federal Aviation Administration with being the primary Federal agency to assess and address the threats posed from cyber incidents relating to United States Government-provided air traffic control and air traffic management services and the threats posed from cyber incidents relating to civil aircraft, aeronautical products and articles, aviation networks, aviation systems, services, and operations, and the aviation industry. (8) Since 2005, the Federal Aviation Administration has been addressing cyber vulnerabilities in civil aircraft and aeronautical products and articles during the safety certification process. (9) Congress has received and reviewed testimony, briefings, and documentation on the potential risks of cyber incidents relating to Federal Aviation Administration-provided air navigation services and airspace management, civil aircraft, aeronautical products and articles, aviation networks, aviation systems, services, and operations, and the aviation industry. This testimony and documentation demonstrate the complicated and increasingly interconnected relationship between aviation safety; the safe, secure, and efficient provision of air navigation services; and cybersecurity for both Federal Aviation Administration-provided air navigation services and airspace management, and civil aircraft, aeronautical products and articles, aviation networks, aviation systems, services, and operations. (10) This testimony and documentation also demonstrate the need for the Federal Aviation Administration to issue specific regulations, policy, and guidance that are standardized and harmonized, where appropriate and consistent with the interests of safety in air commerce and national security with key international partners and International Civil Aviation Organization. SEC. 3. NATIONAL AIRSPACE SYSTEM, AIR TRAFFIC CONTROL, AND AIRSPACE MANAGEMENT SAFETY. Section 106(f)(2) of title 49, United States Code, is amended-- (1) in subparagraph (A)(ii) by striking ``and maintenance'' and inserting ``maintenance, and security (including cybersecurity)''; and (2) in subparagraph (D) by inserting ``or any other Federal agency'' after ``Department of Transportation''. SEC. 4. AVIATION PRODUCT SAFETY. (a) Cybersecurity Standards.--Section 44701(a) of title 49, United States Code, is amended-- (1) in paragraph (1) by inserting ``cybersecurity,'' after ``quality of work,''; and (2) in paragraph (5)-- (A) by inserting ``cybersecurity and'' after ``standards for''; and (B) by striking ``procedure'' and inserting ``procedures''. (b) Exclusive Rulemaking Authority.--Section 44701 of title 49, United States Code, is amended by adding at the end the following: ``(g) Exclusive Rulemaking Authority.--Notwithstanding any other provision of law and except as provided in section 40131, to the extent that a provision of law authorizes any Federal agency that is not the Department of Transportation, or component thereof, to issue regulations under such provision for purposes of assuring civil aircraft, aircraft engine, propeller, and appliance cybersecurity, the Administrator of the Federal Aviation Administration shall have the exclusive authority to prescribe regulations subject to such provision.''. SEC. 5. AIRPORTS. (a) In General.--Section 44706(b) of title 49, United States Code, is amended-- (1) in paragraph (1) by striking ``and'' at the end; (2) in paragraph (2) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(3) such cybersecurity standards as the Administrator may prescribe.''. (b) Classification.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall revise section 15.5 of title 49, Code of Federal Regulations, to classify information about cybersecurity standards for airports holding an airport operating certificate issued under section 44706 of title 49, United States Code, as sensitive security information. SEC. 6. FEDERAL AVIATION ADMINISTRATION REGULATIONS, POLICY, AND GUIDANCE. (a) In General.--Chapter 401 of title 49, United States Code, is amended by adding at the end the following new section: ``Sec. 40131. National airspace system cyber threat management process ``(a) Establishment.--The Administrator of the Federal Aviation Administration shall establish a national airspace system cyber threat management process to protect the national airspace system cyber environment, including the safety, security, and efficiency of the airspace management services provided by the Administration. ``(b) Issues To Be Addressed.--In establishing the national airspace system cyber threat management process under subsection (a), the Administrator shall, at a minimum-- ``(1) monitor the national airspace system cyber environment; ``(2) in consultation with appropriate Federal agencies, evaluate the cyber threat landscape for the national airspace system, including updating such evaluation on both annual and threat-based timelines; ``(3) conduct national airspace system cyber incident analyses; ``(4) create a cyber common operating picture for the national airspace system cyber environment; ``(5) determine whether, and if so how, to conduct active cyber defense; ``(6) coordinate national airspace system cyber incident responses with other appropriate Federal agencies; ``(7) track cyber incident detection, response, mitigation implementation, recovery, and closure; ``(8) establish a process to collect relevant national airspace system cyber incident data from internal and external stakeholders; and ``(9) any other matter the Administrator determines appropriate. ``(c) Definitions.--In this section, the following definitions apply: ``(1) Active cyber defense.--The term `active cyber defense' means the use of cyber enforcement capabilities that actively interdict the movement or processing of data to mitigate a cyber threat. ``(2) Cyber common operating picture.--The term `cyber common operating picture' means the correlation of a detected cyber incident or cyber threat in the national airspace system and other operational anomalies to provide a holistic view of potential cause and impact. ``(3) Cyber environment.--The term `cyber environment' means the information environment consisting of the interdependent networks of information technology infrastructures and resident data, including the internet, telecommunications networks, computer systems, and embedded processors and controllers. ``(4) Cyber incident.--The term `cyber incident' means an action that creates noticeable degradation, disruption, or destruction to the cyber environment of-- ``(A) the national airspace system; ``(B) civil aircraft information, data, networks, systems, services, operations and technology; or ``(C) aeronautical products and articles. ``(5) Cyber threat.--The term `cyber threat' means the threat of an action that, if carried out, would constitute a cyber incident, an intentional unauthorized electronic interaction, or an electronic attack. ``(6) Electronic attack.--The term `electronic attack' means the use of electromagnetic spectrum energy to impede operations in the cyber environment, including through techniques such as jamming or spoofing. ``(7) Intentional unauthorized electronic interaction.--The term `intentional unauthorized electronic interaction' means an intentional and unauthorized attempt to cause a safety or other negative impact on aircraft operations by-- ``(A) modifying an aeronautical database; ``(B) corrupting software; or ``(C) accessing an aircraft or aeronautical system using an internet connection or other form of electronic connection. ``(8) National airspace system cyber environment.--The term `national airspace system cyber environment' means the networking and computing technology infrastructures and data used to perform air navigation services (including air traffic control and air traffic management services), including the internet, telecommunications networks, computer systems, and embedded processors and controllers.''. (b) Clerical Amendment.--The analysis for chapter 401 of title 49, United States Code, is amended by adding at the end the following: ``40131. National airspace system cyber threat management process.''. SEC. 7. CIVIL AIRCRAFT CYBERSECURITY AVIATION RULEMAKING COMMITTEE. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall convene an aviation rulemaking committee on civil aircraft cybersecurity to conduct a review and develop findings and recommendations on cybersecurity standards for civil aircraft, aircraft ground support information systems, and aeronautical products and articles. (b) Duties.--The Administrator shall-- (1) not later than 2 years after the date of enactment of this Act, submit to Congress a report based on the findings of the aviation rulemaking committee convened under subsection (a); and (2) not later than 180 days after the date of submission of the report under paragraph (1), issue a notice of proposed rulemaking based on any consensus recommendations reached by such committee. (c) Composition.--The aviation rulemaking committee convened under subsection (a) shall consist of members appointed by the Administrator, including representatives of-- (1) aircraft manufacturers; (2) air carriers; (3) the Federal Aviation Administration; (4) such Federal agencies as the Administrator considers appropriate; and (5) aviation safety experts with specific knowledge of aircraft cybersecurity. (d) Member Access to Sensitive Security Information.--Not later than 60 days after the date of a member's appointment under subsection (c), the Administrator shall determine if there is cause for the member to be restricted from possessing sensitive security information. Upon a determination of no cause being found regarding the member, and upon the member voluntarily signing a nondisclosure agreement, the member may be granted access to sensitive security information that is relevant to the member's duties on the aviation rulemaking committee. The member shall protect the sensitive security information in accordance with part 1520 of title 49, Code of Federal Regulations. (e) Prohibition on Compensation.--The members of the aviation rulemaking committee convened under subsection (a) shall not receive pay, allowances, or benefits from the Government by reason of their service on such committee. (f) Considerations.--The Administrator shall direct such committee to consider-- (1) existing cybersecurity standards, regulations, policies, and guidance, including those from other Federal agencies; (2) threat- and risk-based security approaches used by the aviation industry, including the assessment of the potential costs and benefits of cybersecurity actions; (3) data gathered from cybersecurity reporting; (4) data gathered from safety reporting; (5) the need to accommodate the diversity of operations and systems on aircraft and amongst air carriers; (6) the need to harmonize or deconflict proposed and existing standards, regulations, policies, and guidance with other Federal standards, regulations, policies, and guidance; (7) design approval holder aircraft network security guidance for operators; (8) the need for such standards, regulations, policies, and guidance as applied to civil aircraft information, data, networks, systems, services, operations, and technology; (9) updates needed to airworthiness regulations and systems safety assessment methods used to show compliance with airworthiness requirements for design, function, installation, and certification of civil aircraft, aeronautical products and articles, and aircraft networks; (10) updates needed to air carrier operating and maintenance regulations to ensure continued adherence with processes and procedures established in airworthiness regulations to provide cybersecurity protections for aircraft systems, including for continued airworthiness; (11) policies and procedures to coordinate with other Federal agencies, including intelligence agencies, and the aviation industry in sharing information and analyses related to cyber threats to civil aircraft information, data, networks, systems, services, operations, and technology and aeronautical products and articles; (12) the response of the Administrator and aviation industry to, and recovery from, cyber incidents, including by coordinating with other Federal agencies, including intelligence agencies; (13) processes for members of the aviation industry to voluntarily report to the Federal Aviation Administration cyber incidents that may affect aviation safety in a manner that protects trade secrets and sensitive business information; (14) the unique nature of the aviation industry, including aircraft networks, aircraft systems, and aeronautical products, and the interconnectedness of cybersecurity and aviation safety; (15) appropriate cybersecurity controls for aircraft networks, aircraft systems, and aeronautical products and articles to protect aviation safety, including airworthiness; (16) minimum standards for protecting civil aircraft, aeronautical products and articles, aviation networks, aviation systems, services, and operations from cyber threats and cyber incidents; (17) international collaboration, where appropriate and consistent with the interests of aviation safety in air commerce and national security, with other civil aviation authorities, international aviation and standards organizations, and any other appropriate entities to protect civil aviation from cyber incidents and cyber threats; (18) the recommendations and implementation of the Aircraft System Information Security/Protection report of the aviation rulemaking advisory committee submitted on August 22, 2022; and (19) any other matter the Administrator determines appropriate. (g) Definitions.--The definitions set forth in section 40131 of title 49, United States Code (as added by this Act), apply to this section. <all>

Protecting the Safety of Air Traffic Control and the Aviation System Act

To direct the Administrator of the Federal Aviation Administration to issue regulations, policy, and guidance to ensure the safety of the aviation system, and for other purposes.

Protecting the Safety of Air Traffic Control and the Aviation System Act

Rep. Graves, Garret

R

LA

S.3524

Crime and Law Enforcement

Effective Assistance of Counsel in the Digital Era Act This bill prohibits the Department of Justice from monitoring the contents of a privileged electronic communication between an incarcerated person and his or her legal representative.

To regulate monitoring of electronic communications between an incarcerated person in a Bureau of Prisons facility and that person's attorney or other legal representative, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Effective Assistance of Counsel in the Digital Era Act''. SEC. 2. ELECTRONIC COMMUNICATIONS BETWEEN AN INCARCERATED PERSON AND THE PERSON'S ATTORNEY. (a) Definitions.--In this section-- (1) the term ``agent of an attorney or legal representative'' means any person employed by or contracting with an attorney or legal representative, including law clerks, interns, investigators, paraprofessionals, and administrative staff; (2) the term ``contents'' has the meaning given such term in 2510 of title 18, United States Code; (3) the term ``electronic communication''-- (A) has the meaning given such term in section 2510 of title 18, United States Code; and (B) includes the Trust Fund Limited Inmate Computer System; (4) the term ``incarcerated person'' means any individual in the custody of the Bureau of Prisons or the United States Marshals Service who has been charged with or convicted of an offense against the United States, including such an individual who is imprisoned in a State institution; (5) the term ``monitoring'' means accessing the contents of an electronic communication at the time that, or anytime after, such communication is sent; and (6) the term ``privileged electronic communication'' means-- (A) an electronic communication between an incarcerated person and a potential, current, or former attorney or legal representative of the incarcerated person that falls within the legally recognized scope of attorney-client privilege and is subject to the limitations or exceptions associated with such privilege; and (B) an electronic communication between an incarcerated person and the agent of an attorney or legal representative described in subparagraph (A). (b) Prohibition on Monitoring.--Not later than 2 years after the date of enactment of this Act, the Attorney General shall issue a report, establish guidelines, and create a program or system, or modify a program or system that exists on the date of enactment of this Act, through which an incarcerated person may send or receive an electronic communication that excludes from monitoring the contents of any privileged electronic communication. (c) Features of Program or System.--The program or system created or modified under subsection (b) shall comply with the following: (1) Retention of contents.--The Bureau of Prisons may retain, and provide access by an incarcerated person to, the contents of electronic communications, including the contents of privileged electronic communications, of the incarcerated person until the date on which the incarcerated person is released from the custody of the Bureau of Prisons or the United States Marshals Service. (2) Attorney-client privilege.--Attorney-client privilege, and the protections and limitations associated with such privilege (including the crime fraud exception), shall apply to electronic communications sent or received through the program or system. (d) Accessing Retained Communications.-- (1) In general.--Privileged electronic communications retained under subsection (c)(1) may only be accessed by or provided to a person other than the incarcerated person for whom such privileged electronic communications are retained in accordance with paragraphs (2) and (3) of this subsection. (2) Attorney general.--The Attorney General, or a designee, may only access such privileged electronic communications if necessary for the purpose of creating and maintaining the program or system created or modified under subsection (b), or any modification to the program or system. The Attorney General may not review the contents of privileged electronic communications pursuant to this paragraph. (3) Investigative and law enforcement officers.-- (A) Warrant.-- (i) In general.--Such privileged electronic communications may only be accessed and the contents of such privileged electronic communications may only be reviewed by an investigative or law enforcement officer pursuant to a warrant issued by a court pursuant to the procedures described in the Federal Rules of Criminal Procedure. (ii) Waiver.--An incarcerated person may waive the requirement to obtain a warrant under clause (i). (iii) Approval.--No application for such a warrant may be made to a court without the express approval of a United States attorney, an Assistant Attorney General, or a designee thereof. (B) Privileged information.--The Attorney General shall establish procedures concerning the review of privileged electronic communications under subparagraph (A), which shall include the following: (i) Review.--Before the contents of such privileged electronic communications may be reviewed by an investigative or law enforcement officer pursuant to a warrant described in subparagraph (A), the privileged electronic communications shall be reviewed by a United States attorney, an Assistant Attorney General, or a designee to determine if a limitation or exception to the attorney-client privilege applies to any of the privileged electronic communications. (ii) Barring participation.--A United States attorney, an Assistant Attorney General, or a designee who reviews privileged electronic communications pursuant to clause (i) shall be barred from-- (I) participating in a legal proceeding in which an individual who sent or received such a privileged electronic communication is a defendant; or (II) sharing with an attorney who is participating in such a legal proceeding such a privileged electronic communication. (4) Motion to suppress.--Upon motion of a defendant, a court may suppress evidence obtained or derived from accessing privileged electronic communications or reviewing the contents of privileged electronic communications in violation of this subsection. (e) Notice Until Program or System Is Operational.--The Attorney General shall provide written notice to each individual who is an incarcerated person at any time during the period beginning on the date of enactment of this Act and ending on the date on which the program or system created or modified under subsection (b) is operational that the privileged electronic communications of the individual are subject to monitoring. (f) Rules of Construction.-- (1) Inapplicability to non-privileged electronic communications.--Nothing in this section shall be construed to limit the ability of investigative or law enforcement officers to monitor, record, access, review, or retain nonprivileged electronic communications of an incarcerated person. (2) Verification of agent of an attorney or legal representative.--Nothing in this section shall limit the authority of the Bureau of Prisons to establish policies that require a potential, current, or former attorney or legal representative to verify their identity, employment status, or licensure to practice law prior to being granted authorization to receive or send electronic communications from or to an incarcerated person. <all>

Effective Assistance of Counsel in the Digital Era Act

A bill to regulate monitoring of electronic communications between an incarcerated person in a Bureau of Prisons facility and that person's attorney or other legal representative, and for other purposes.

Effective Assistance of Counsel in the Digital Era Act

Sen. Wyden, Ron

D

OR

S.741

Science, Technology, Communications

Broadband Infrastructure Finance and Innovation Act of 2021 This bill requires the National Telecommunications and Information Administration to make financing available for the construction and deployment of broadband infrastructure through a broadband infrastructure finance and innovation program. Specifically, the bill provides a means for communities and public-private partnerships to apply for low-interest secured loans, lines of credit, or loan guarantees to finance broadband infrastructure investments. The bill provides funding to carry out the program, and it requires biennial reports on the financial performance of projects carried out with program assistance.

To establish a broadband infrastructure finance and innovation program to make available loans, loan guarantees, and lines of credit for the construction and deployment of broadband 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; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Broadband Infrastructure Finance and Innovation Act of 2021''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Determination of eligibility and project selection. Sec. 4. Secured loans. Sec. 5. Lines of credit. Sec. 6. Alternative prudential lending standards for small projects. Sec. 7. Program administration. Sec. 8. State and local permits. Sec. 9. Regulations. Sec. 10. Funding. Sec. 11. Reports to Congress. SEC. 2. DEFINITIONS. In this Act: (1) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary of Commerce for Communications and Information. (2) BIFIA program.--The term ``BIFIA program'' means the broadband infrastructure finance and innovation program established under this Act. (3) Broadband service.--The term ``broadband service''-- (A) means broadband internet access service that is a mass-market retail service, or a service provided to an entity described in paragraph (12)(B)(ii), by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service; (B) includes any service that is a functional equivalent of the service described in subparagraph (A); and (C) does not include dial-up internet access service. (4) Eligible project costs.--The term ``eligible project costs'' means amounts substantially all of which are paid by, or for the account of, an obligor in connection with a project, including the cost of-- (A) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, historic preservation review, permitting, preliminary engineering and design work, and other preconstruction activities; (B) construction and deployment phase activities, including-- (i) construction, reconstruction, rehabilitation, replacement, and acquisition of real property (including land relating to the project and improvements to land), equipment, instrumentation, networking capability, hardware and software, and digital network technology; (ii) environmental mitigation; and (iii) construction contingencies; and (C) capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during construction and deployment. (5) Federal credit instrument.--The term ``Federal credit instrument'' means a secured loan, loan guarantee, or line of credit authorized to be made available under the BIFIA program with respect to a project. (6) Investment-grade rating.--The term ``investment-grade rating'' means a rating of BBB minus, Baa3, bbb minus, BBB (low), or higher assigned by a rating agency to project obligations. (7) Lender.--The term ``lender'' means any non-Federal qualified institutional buyer (as defined in section 230.144A(a) of title 17, Code of Federal Regulations (or any successor regulation), known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Securities Act of 1933 (15 U.S.C. 77a et seq.)), including-- (A) a qualified retirement plan (as defined in section 4974(c) of the Internal Revenue Code of 1986) that is a qualified institutional buyer; and (B) a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986) that is a qualified institutional buyer. (8) Letter of interest.--The term ``letter of interest'' means a letter submitted by a potential applicant prior to an application for credit assistance in a format prescribed by the Assistant Secretary on the website of the BIFIA program that-- (A) describes the project and the location, purpose, and cost of the project; (B) outlines the proposed financial plan, including the requested credit assistance and the proposed obligor; (C) provides a status of environmental review; and (D) provides information regarding satisfaction of other eligibility requirements of the BIFIA program. (9) Line of credit.--The term ``line of credit'' means an agreement entered into by the Assistant Secretary with an obligor under section 5 to provide a direct loan at a future date upon the occurrence of certain events. (10) Loan guarantee.--The term ``loan guarantee'' means any guarantee or other pledge by the Assistant Secretary to pay all or part of the principal of and interest on a loan or other debt obligation issued by an obligor and funded by a lender. (11) Obligor.--The term ``obligor'' means a party that-- (A) is primarily liable for payment of the principal of or interest on a Federal credit instrument; and (B) may be a corporation, company, partnership, joint venture, trust, or governmental entity, agency, or instrumentality. (12) Project.--The term ``project'' means a project-- (A) to construct and deploy infrastructure for the provision of broadband service; and (B) that the Assistant Secretary determines will-- (i) provide access or improved access to broadband service to consumers residing in areas of the United States that have no access to broadband service or do not have access to broadband service offered-- (I) with a download speed of not less than 100 megabits per second; (II) with an upload speed of not less than 20 megabits per second; and (III) with latency that is sufficiently low to allow real-time, interactive applications; or (ii) provide access or improved access to broadband service to-- (I) schools, libraries, medical and healthcare providers, community colleges and other institutions of higher education, museums, religious organizations, and other community support organizations and entities to facilitate greater use of broadband service by or through those organizations; (II) organizations and agencies that provide outreach, access, equipment, and support services to facilitate greater use of broadband service by low-income, unemployed, aged, and otherwise vulnerable populations; (III) job-creating strategic facilities located within a State- designated economic zone, Economic Development District designated by the Department of Commerce, Empowerment Zone designated by the Department of Housing and Urban Development, or Enterprise Community designated by the Department of Agriculture; or (IV) public safety agencies. (13) Project obligation.--The term ``project obligation'' means any note, bond, debenture, or other debt obligation issued by an obligor in connection with the financing of a project, other than a Federal credit instrument. (14) Public authority.--The term ``public authority'' means-- (A) the Federal Government or a Federal instrumentality with authority to finance, build, operate, or maintain infrastructure for the provision of broadband service; or (B) the government of a State, political subdivision of a State, or Indian Tribe, or an instrumentality thereof, with authority to finance, build, operate, or maintain infrastructure for the provision of broadband service. (15) Rating agency.--The term ``rating agency'' means a credit rating agency registered with the Securities and Exchange Commission as a nationally recognized statistical rating organization (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))). (16) Secured loan.--The term ``secured loan'' means a direct loan or other debt obligation issued by an obligor and funded by the Assistant Secretary in connection with the financing of a project under section 4. (17) Small project.--The term ``small project'' means a project having eligible project costs that are reasonably anticipated not to equal or exceed $20,000,000. (18) State.--The term ``State'' has the meaning given the term in section 3 of the Communications Act of 1934 (47 U.S.C. 153). (19) Subsidy amount.--The term ``subsidy amount'' means the amount of budget authority sufficient to cover the estimated long-term cost to the Federal Government of a Federal credit instrument-- (A) calculated on a net present value basis; and (B) excluding administrative costs and any incidental effects on governmental receipts or outlays in accordance with the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). (20) Substantial completion.--The term ``substantial completion'' means, with respect to a project receiving credit assistance under the BIFIA program-- (A) the commencement of the provision of broadband service using the infrastructure being financed; or (B) a comparable event, as determined by the Assistant Secretary and specified in the credit agreement. SEC. 3. DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION. (a) Eligibility.-- (1) In general.--A project shall be eligible to receive credit assistance under the BIFIA program if-- (A) the entity proposing to carry out the project submits a letter of interest prior to submission of a formal application for the project; and (B) the project meets the criteria described in this subsection. (2) Creditworthiness.-- (A) In general.--Except as provided in subparagraph (B), to be eligible for assistance under the BIFIA program, a project shall satisfy applicable creditworthiness standards, which, at a minimum, shall include-- (i) adequate coverage requirements to ensure repayment; (ii) an investment-grade rating from not less than 2 rating agencies on debt senior to the Federal credit instrument; and (iii) a rating from not less than 2 rating agencies on the Federal credit instrument. (B) Small projects.--In order for a small project to be eligible for assistance under the BIFIA program, the project shall satisfy alternative creditworthiness standards that shall be established by the Assistant Secretary under section 6 for purposes of this paragraph. (3) Application.--A public authority, public-private partnership, or any other legal entity undertaking the project and authorized by the Assistant Secretary shall submit a project application that is acceptable to the Assistant Secretary. (4) Eligible project cost parameters for infrastructure projects.--Eligible project costs shall be reasonably anticipated to equal or exceed $2,000,000 in the case of a project or program of projects-- (A) in which the applicant is a public authority (other than the Federal Government, a Federal instrumentality, or a State government or instrumentality); (B) located on a facility owned by a political subdivision of a State; or (C) for which the Assistant Secretary determines that a political subdivision of a State is substantially involved in the development of the project. (5) Dedicated revenue sources.--The applicable Federal credit instrument shall be repayable, in whole or in part, from-- (A) amounts charged to-- (i) subscribers of broadband service for that service; or (ii) subscribers of any related service provided over the same infrastructure for that related service; (B) user fees; (C) payments owing to the obligor under a public- private partnership; or (D) other dedicated revenue sources that also secure or fund the project obligations. (6) Applications where obligor will be identified later.--A public authority may submit to the Assistant Secretary an application under paragraph (3), under which a private party to a public-private partnership will be-- (A) the obligor; and (B) identified later through completion of a procurement and selection of the private party. (7) Beneficial effects.--The Assistant Secretary shall determine that financial assistance for the project under the BIFIA program will-- (A) foster, if appropriate, partnerships that attract public and private investment for the project; (B) enable the project to proceed at an earlier date than the project would otherwise be able to proceed or reduce the lifecycle costs (including debt service costs) of the project; and (C) reduce the contribution of Federal grant assistance for the project. (8) Project readiness.--To be eligible for assistance under the BIFIA program, the applicant shall demonstrate a reasonable expectation that the contracting process for the construction and deployment of infrastructure for the provision of broadband service through the project can commence by not later than 90 days after the date on which a Federal credit instrument is obligated for the project under the BIFIA program. (9) Public sponsorship of private entities.-- (A) In general.--If an eligible project is carried out by an entity that is not a State or political subdivision of a State, an agency or instrumentality thereof, or a Tribal government or consortium of Tribal governments, the project shall be publicly sponsored. (B) Public sponsorship.--For purposes of subparagraph (A), a project shall be considered to be publicly sponsored if the obligor can demonstrate, to the satisfaction of the Assistant Secretary, that the project applicant has consulted with the government of the State, political subdivision of a State, or Indian Tribe in the area in which the project is located, or that is otherwise affected by the project, and that the government supports the proposal. (b) Selection Among Eligible Projects.-- (1) Establishment of application process.--The Assistant Secretary shall establish a rolling application process under which projects that are eligible to receive credit assistance under subsection (a) shall receive credit assistance on terms acceptable to the Assistant Secretary, if adequate funds are available to cover the subsidy costs associated with the Federal credit instrument. (2) Preliminary rating opinion letter.--The Assistant Secretary shall require each project applicant to provide-- (A) a preliminary rating opinion letter from not less than 1 rating agency-- (i) indicating that the senior obligations of the project, which may be the Federal credit instrument, have the potential to achieve an investment-grade rating; and (ii) including a preliminary rating opinion on the Federal credit instrument; or (B) in the case of a small project, alternative documentation that the Assistant Secretary shall require in the standards established under section 6 for purposes of this paragraph. (3) Technology neutrality required.--In selecting projects to receive credit assistance under the BIFIA program, the Assistant Secretary may not favor a project using any particular technology. (4) Preference for open-access networks.--In selecting projects to receive credit assistance under the BIFIA program, the Assistant Secretary shall give preference to projects providing for the deployment of open-access broadband service networks. (c) Federal Requirements.-- (1) In general.--The following provisions of law shall apply to funds made available under the BIFIA program and projects assisted with those funds: (A) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). (B) The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (C) Division A of subtitle III of title 54, United States Code (commonly referred to as the ``National Historic Preservation Act''). (D) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). (2) NEPA.--No funding shall be obligated for a project that has not received an environmental categorical exclusion, a finding of no significant impact, or a record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (3) Title vi of the civil rights act of 1964.--For purposes of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), any project that receives credit assistance under the BIFIA program shall be considered a program or activity within the meaning of section 606 of that title (42 U.S.C. 2000d-4a). (4) Contracting requirements.-- (A) In general.--All laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work carried out, in whole or in part, with assistance made available through a Federal credit instrument shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. (B) Authority and functions of secretary of labor.--With respect to the labor standards described in subparagraph (A), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (5) Neutrality requirement.-- (A) In general.--In the case of a recipient of assistance made available through a Federal credit instrument under this subtitle that is an employer, the employer shall remain neutral with respect to the exercise of employees and labor organizations of the right to organize and bargain under the National Labor Relations Act (29 U.S.C. 151 et seq.). (B) Definitions.--In this paragraph, the terms ``employee'', ``employer'', and ``labor organization'' have the meanings given those terms in section 2 of the National Labor Relations Act (29 U.S.C. 152). (6) Referral of alleged violations of applicable federal labor and employment laws.--The Assistant Secretary shall refer any alleged violation of an applicable labor and employment law to the appropriate Federal agency for investigation and enforcement, and any alleged violation of paragraph (4) or (5) to the National Labor Relations Board for investigation and enforcement, utilizing all appropriate remedies up to and including debarment from the BIFIA program. (d) Application Processing Procedures.-- (1) Notice of complete application.--Not later than 30 days after the date of receipt of an application under this section, the Assistant Secretary shall provide to the applicant a written notice to inform the applicant whether-- (A) the application is complete; or (B) additional information or materials are needed to complete the application. (2) Approval or denial of application.--Not later than 60 days after the date of issuance of the written notice under paragraph (1), the Assistant Secretary shall provide to the applicant a written notice informing the applicant whether the Assistant Secretary has approved or disapproved the application. (3) Approval before nepa review.--Subject to subsection (c)(2), an application for a project may be approved before the project receives an environmental categorical exclusion, a finding of no significant impact, or a record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (e) Development Phase Activities.--Any credit instrument secured under the BIFIA program may be used to finance up to 100 percent of the cost of development phase activities as described in section 2(4)(A). SEC. 4. SECURED LOANS. (a) In General.-- (1) Agreements.--Subject to paragraphs (2) and (3), the Assistant Secretary may enter into agreements with 1 or more obligors to make secured loans, the proceeds of which shall be used-- (A) to finance eligible project costs of any project selected under section 3; (B) to refinance interim construction financing of eligible project costs of any project selected under section 3; or (C) to refinance long-term project obligations or Federal credit instruments, if the refinancing provides additional funding capacity for the completion, enhancement, or expansion of any project that-- (i) is selected under section 3; or (ii) otherwise meets the requirements of section 3. (2) Limitation on refinancing of interim construction financing.--A loan under paragraph (1) shall not refinance interim construction financing under paragraph (1)(B)-- (A) if the maturity of the interim construction financing is later than 1 year after the substantial completion of the project; and (B) later than 1 year after the date of substantial completion of the project. (3) Risk assessment.--Before entering into an agreement under this subsection, the Assistant Secretary, in consultation with the Director of the Office of Management and Budget, shall determine an appropriate capital reserve subsidy amount for each secured loan, taking into account each rating letter provided by a rating agency under section 3(b)(2)(A)(ii) or, in the case of a small project, the alternative documentation provided under section 3(b)(2)(B). (b) Terms and Limitations.-- (1) In general.--A secured loan under this section with respect to a project shall be on such terms and conditions and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Assistant Secretary determines to be appropriate. (2) Maximum amount.--The amount of a secured loan under this section shall not exceed the lesser of 49 percent of the reasonably anticipated eligible project costs or, if the secured loan is not for a small project and does not receive an investment-grade rating, the amount of the senior project obligations. (3) Payment.--A secured loan under this section-- (A) shall-- (i) be payable, in whole or in part, from-- (I) amounts charged to-- (aa) subscribers of broadband service for that service; or (bb) subscribers of any related service provided over the same infrastructure for that related service; (II) user fees; (III) payments owing to the obligor under a public-private partnership; or (IV) other dedicated revenue sources that also secure the senior project obligations; and (ii) include a coverage requirement or similar security feature supporting the project obligations; and (B) may have a lien on revenues described in subparagraph (A), subject to any lien securing project obligations. (4) Interest rate.--The interest rate on a secured loan under this section shall be not less than the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement. (5) Maturity date.--The final maturity date of the secured loan shall be the lesser of-- (A) 35 years after the date of substantial completion of the project; and (B) if the useful life of the infrastructure for the provision of broadband service being financed is of a lesser period, the useful life of the infrastructure. (6) Nonsubordination.-- (A) In general.--Except as provided in subparagraph (B), the secured loan shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obligor. (B) Preexisting indenture.-- (i) In general.--The Assistant Secretary shall waive the requirement under subparagraph (A) for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture, if-- (I) the secured loan-- (aa) is rated in the A category or higher; or (bb) in the case of a small project, meets an alternative standard that the Assistant Secretary shall establish under section 6 for purposes of this subclause; (II) the secured loan is secured and payable from pledged revenues not affected by project performance, such as a tax-backed revenue pledge or a system-backed pledge of project revenues; and (III) the BIFIA program share of eligible project costs is 33 percent or less. (ii) Limitation.--If the Assistant Secretary waives the nonsubordination requirement under this subparagraph-- (I) the maximum credit subsidy to be paid by the Federal Government shall be not more than 10 percent of the principal amount of the secured loan; and (II) the obligor shall be responsible for paying the remainder of the subsidy cost, if any. (7) Fees.--The Assistant Secretary may establish fees at a level sufficient to cover all or a portion of the costs to the Federal Government of making a secured loan under this section. (8) Non-federal share.--The proceeds of a secured loan under the BIFIA program, if the loan is repayable from non- Federal funds-- (A) may be used for any non-Federal share of project costs required under this Act; and (B) shall not count toward the total Federal assistance provided for a project for purposes of paragraph (9). (9) Maximum federal involvement.--The total Federal assistance provided for a project receiving a loan under the BIFIA program shall not exceed 80 percent of the total project cost. (c) Repayment.-- (1) Schedule.--The Assistant Secretary shall establish a repayment schedule for each secured loan under this section based on-- (A) the projected cash flow from project revenues and other repayment sources; and (B) the useful life of the infrastructure for the provision of broadband service being financed. (2) Commencement.--Scheduled loan repayments of principal or interest on a secured loan under this section shall commence not later than 5 years after the date of substantial completion of the project. (3) Deferred payments.-- (A) In general.--If, at any time after the date of substantial completion of the project, the project is unable to generate sufficient revenues to pay the scheduled loan repayments of principal and interest on the secured loan, the Assistant Secretary may, subject to subparagraph (C), allow the obligor to add unpaid principal and interest to the outstanding balance of the secured loan. (B) Interest.--Any payment deferred under subparagraph (A) shall-- (i) continue to accrue interest in accordance with subsection (b)(4) until fully repaid; and (ii) be scheduled to be amortized over the remaining term of the loan. (C) Criteria.-- (i) In general.--Any payment deferral under subparagraph (A) shall be contingent on the project meeting criteria established by the Assistant Secretary. (ii) Repayment standards.--The criteria established pursuant to clause (i) shall include standards for reasonable assurance of repayment. (4) Prepayment.-- (A) Use of excess revenues.--Any excess revenues that remain after satisfying scheduled debt service requirements on the project obligations and secured loan and all deposit requirements under the terms of any trust agreement, bond resolution, or similar agreement securing project obligations may be applied annually to prepay the secured loan without penalty. (B) Use of proceeds of refinancing.--The secured loan may be prepaid at any time without penalty from the proceeds of refinancing from non-Federal funding sources. (d) Sale of Secured Loans.-- (1) In general.--Subject to paragraph (2), as soon as practicable after substantial completion of a project and after notifying the obligor, the Assistant Secretary may sell to another entity or reoffer into the capital markets a secured loan for the project if the Assistant Secretary determines that the sale or reoffering can be made on favorable terms. (2) Consent of obligor.--In making a sale or reoffering under paragraph (1), the Assistant Secretary may not change the original terms and conditions of the secured loan without the written consent of the obligor. (e) Loan Guarantees.-- (1) In general.--The Assistant Secretary may provide a loan guarantee to a lender in lieu of making a secured loan under this section if the Assistant Secretary determines that the budgetary cost of the loan guarantee is substantially the same as that of a secured loan. (2) Terms.--The terms of a loan guarantee under paragraph (1) shall be consistent with the terms required under this section for a secured loan, except that the rate on the guaranteed loan and any prepayment features shall be negotiated between the obligor and the lender, with the consent of the Assistant Secretary. (f) Streamlined Application Process.-- (1) In general.--The Assistant Secretary shall develop 1 or more expedited application processes, available at the request of entities seeking secured loans under the BIFIA program, that use a set or sets of conventional terms established pursuant to this section. (2) Terms.--In establishing the streamlined application process required by this subsection, the Assistant Secretary may allow for an expedited application period and include terms such as those that require-- (A) that the project be a small project; (B) the secured loan to be secured and payable from pledged revenues not affected by project performance, such as a tax-backed revenue pledge, tax increment financing, or a system-backed pledge of project revenues; and (C) repayment of the loan to commence not later than 5 years after disbursement. SEC. 5. LINES OF CREDIT. (a) In General.-- (1) Agreements.--Subject to paragraphs (2) through (4), the Assistant Secretary may enter into agreements to make available to 1 or more obligors lines of credit in the form of direct loans to be made by the Assistant Secretary at future dates on the occurrence of certain events for any project selected under section 3. (2) Use of proceeds.--The proceeds of a line of credit made available under this section shall be available to pay debt service on project obligations issued to finance eligible project costs, extraordinary repair and replacement costs, operation and maintenance expenses, and costs associated with unexpected Federal or State environmental restrictions. (3) Risk assessment.-- (A) In general.--Except as provided in subparagraph (B), before entering into an agreement under this subsection, the Assistant Secretary, in consultation with the Director of the Office of Management and Budget and each rating agency providing a preliminary rating opinion letter under section 3(b)(2)(A), shall determine an appropriate capital reserve subsidy amount for each line of credit, taking into account the rating opinion letter. (B) Small projects.--Before entering into an agreement under this subsection to make available a line of credit for a small project, the Assistant Secretary, in consultation with the Director of the Office of Management and Budget, shall determine an appropriate capital reserve subsidy amount for each such line of credit, taking into account the alternative documentation provided under section 3(b)(2)(B) instead of preliminary rating opinion letters provided under section 3(b)(2)(A). (4) Investment-grade rating requirement.--The funding of a line of credit under this section shall be contingent on-- (A) the senior obligations of the project receiving an investment-grade rating from 2 rating agencies; or (B) in the case of a small project, the project meeting an alternative standard that the Assistant Secretary shall establish under section 6 for purposes of this paragraph. (b) Terms and Limitations.-- (1) In general.--A line of credit under this section with respect to a project shall be on such terms and conditions and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Assistant Secretary determines to be appropriate. (2) Maximum amounts.--The total amount of a line of credit under this section shall not exceed 33 percent of the reasonably anticipated eligible project costs. (3) Draws.--Any draw on a line of credit under this section shall-- (A) represent a direct loan; and (B) be made only if net revenues from the project (including capitalized interest, but not including reasonably required financing reserves) are insufficient to pay the costs specified in subsection (a)(2). (4) Interest rate.--The interest rate on a direct loan resulting from a draw on the line of credit shall be not less than the yield on 30-year United States Treasury securities, as of the date of execution of the line of credit agreement. (5) Security.--A line of credit issued under this section-- (A) shall-- (i) be payable, in whole or in part, from-- (I) amounts charged to-- (aa) subscribers of broadband service for that service; or (bb) subscribers of any related service provided over the same infrastructure for that related service; (II) user fees; (III) payments owing to the obligor under a public-private partnership; or (IV) other dedicated revenue sources that also secure the senior project obligations; and (ii) include a coverage requirement or similar security feature supporting the project obligations; and (B) may have a lien on revenues described in subparagraph (A), subject to any lien securing project obligations. (6) Period of availability.--The full amount of a line of credit under this section, to the extent not drawn upon, shall be available during the 10-year period beginning on the date of substantial completion of the project. (7) Rights of third-party creditors.-- (A) Against federal government.--A third-party creditor of the obligor shall not have any right against the Federal Government with respect to any draw on a line of credit under this section. (B) Assignment.--An obligor may assign a line of credit under this section to-- (i) 1 or more lenders; or (ii) a trustee on the behalf of such a lender. (8) Nonsubordination.-- (A) In general.--Except as provided in subparagraph (B), a direct loan under this section shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obligor. (B) Pre-existing indenture.-- (i) In general.--The Assistant Secretary shall waive the requirement of subparagraph (A) for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture, if-- (I) the line of credit-- (aa) is rated in the A category or higher; or (bb) in the case of a small project, meets an alternative standard that the Assistant Secretary shall establish under section 6 for purposes of this subclause; (II) the BIFIA program loan resulting from a draw on the line of credit is payable from pledged revenues not affected by project performance, such as a tax-backed revenue pledge or a system-backed pledge of project revenues; and (III) the BIFIA program share of eligible project costs is 33 percent or less. (ii) Limitation.--If the Assistant Secretary waives the nonsubordination requirement under this subparagraph-- (I) the maximum credit subsidy to be paid by the Federal Government shall be not more than 10 percent of the principal amount of the secured loan; and (II) the obligor shall be responsible for paying the remainder of the subsidy cost. (9) Fees.--The Assistant Secretary may establish fees at a level sufficient to cover all or a portion of the costs to the Federal Government of providing a line of credit under this section. (10) Relationship to other credit instruments.--A project that receives a line of credit under this section also shall not receive a secured loan or loan guarantee under section 4 in an amount that, combined with the amount of the line of credit, exceeds 49 percent of eligible project costs. (c) Repayment.-- (1) Terms and conditions.--The Assistant Secretary shall establish repayment terms and conditions for each direct loan under this section based on-- (A) the projected cash flow from project revenues and other repayment sources; and (B) the useful life of the infrastructure for the provision of broadband service being financed. (2) Timing.--All repayments of principal or interest on a direct loan under this section shall be scheduled-- (A) to commence not later than 5 years after the end of the period of availability specified in subsection (b)(6); and (B) to conclude, with full repayment of principal and interest, by the date that is 25 years after the end of the period of availability specified in subsection (b)(6). SEC. 6. ALTERNATIVE PRUDENTIAL LENDING STANDARDS FOR SMALL PROJECTS. Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall establish alternative, streamlined prudential lending standards for small projects receiving credit assistance under the BIFIA program to ensure that those projects pose no additional risk to the Federal Government, as compared with projects that are not small projects. SEC. 7. PROGRAM ADMINISTRATION. (a) Requirement.--The Assistant Secretary shall establish a uniform system to service the Federal credit instruments made available under the BIFIA program. (b) Fees.--The Assistant Secretary may collect and spend fees, contingent on authority being provided in appropriation Acts, at a level that is sufficient to cover-- (1) the costs of services of expert firms retained pursuant to subsection (d); and (2) all or a portion of the costs to the Federal Government of servicing the Federal credit instruments. (c) Servicer.-- (1) In general.--The Assistant Secretary may appoint a financial entity to assist the Assistant Secretary in servicing the Federal credit instruments. (2) Duties.--A servicer appointed under paragraph (1) shall act as the agent for the Assistant Secretary. (3) Fee.--A servicer appointed under paragraph (1) shall receive a servicing fee, subject to approval by the Assistant Secretary. (d) Assistance From Expert Firms.--The Assistant Secretary may retain the services of expert firms, including counsel, in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments. (e) Expedited Processing.--The Assistant Secretary shall implement procedures and measures to economize the time and cost involved in obtaining approval and the issuance of credit assistance under the BIFIA program. (f) Assistance to Small Projects.--Of the amount appropriated under section 10(a), and after the set-aside for administrative expenses under section 10(b), not less than 20 percent shall be made available for the Assistant Secretary to use in lieu of fees collected under subsection (b) for small projects. SEC. 8. STATE AND LOCAL PERMITS. The provision of credit assistance under the BIFIA program with respect to a project shall not-- (1) relieve any recipient of the assistance of any obligation to obtain any required State or local permit or approval with respect to the project; (2) limit the right of any State, political subdivision of a State, or agency or instrumentality thereof to approve or regulate any rate of return on private equity invested in the project; or (3) otherwise supersede any State or local law (including any regulation) applicable to the construction or operation of the project. SEC. 9. REGULATIONS. The Assistant Secretary may promulgate such regulations as the Assistant Secretary determines to be appropriate to carry out the BIFIA program. SEC. 10. FUNDING. (a) Appropriation.--There are appropriated to the Assistant Secretary, out of any money in the Treasury not otherwise appropriated, $5,000,000,000 to carry out this Act for fiscal year 2021, to remain available until expended. (b) Administrative Expenses.--Of the amount appropriated under subsection (a), the Assistant Secretary may use not more than 5 percent for the administration of the BIFIA program. SEC. 11. REPORTS TO CONGRESS. (a) In General.--Not later than 1 year after the date of enactment of this Act, and every 2 years thereafter, the Assistant Secretary shall submit to Congress a report summarizing the financial performance of the projects that are receiving, or have received, assistance under the BIFIA program, including a recommendation as to whether the objectives of the BIFIA program are best served by-- (1) continuing the program under the authority of the Assistant Secretary; or (2) establishing a Federal corporation or federally sponsored enterprise to administer the program. (b) Application Process Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Assistant Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that includes a list of all of the letters of interest and applications received for assistance under the BIFIA program during the preceding fiscal year. (2) Inclusions.-- (A) In general.--Each report under paragraph (1) shall include, at a minimum, a description of, with respect to each letter of interest and application included in the report-- (i) the date on which the letter of interest or application was received; (ii) the date on which a notification was provided to the applicant regarding whether the application was complete or incomplete; (iii) the date on which a revised and completed application was submitted (if applicable); (iv) the date on which a notification was provided to the applicant regarding whether the project was approved or disapproved; and (v) if the project was not approved, the reason for the disapproval. (B) Correspondence.--Each report under paragraph (1) shall include copies of any correspondence provided to the applicant in accordance with section 3(d). <all>

Broadband Infrastructure Finance and Innovation Act of 2021

A bill to establish a broadband infrastructure finance and innovation program to make available loans, loan guarantees, and lines of credit for the construction and deployment of broadband infrastructure, and for other purposes.

Broadband Infrastructure Finance and Innovation Act of 2021

Sen. Lujan, Ben Ray

D

NM

S.839

Education

College Transparency Act This bill requires the National Center for Education Statistics to establish a secure and privacy-protected data system that contains information about postsecondary students. Specifically, the data system must The bill also establishes a postsecondary student data system advisory committee.

To establish a postsecondary student data system. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``College Transparency Act''. SEC. 2. POSTSECONDARY STUDENT DATA SYSTEM. Section 132 of the Higher Education Act of 1965 (20 U.S.C. 1015a) is amended-- (1) by redesignating subsection (l) as subsection (m); and (2) by inserting after subsection (k) the following: ``(l) Postsecondary Student Data System.-- ``(1) In general.-- ``(A) Establishment of system.--Not later than 4 years after the date of enactment of the College Transparency Act, the Commissioner of the National Center for Education Statistics (referred to in this subsection as the `Commissioner') shall develop and maintain a secure, privacy-protected postsecondary student-level data system in order to-- ``(i) accurately evaluate student enrollment patterns, progression, completion, and postcollegiate outcomes, and higher education costs and financial aid; ``(ii) assist with transparency, institutional improvement, and analysis of Federal aid programs; ``(iii) provide accurate, complete, and customizable information for students and families making decisions about postsecondary education; and ``(iv) reduce the reporting burden on institutions of higher education, in accordance with section 5(b) of the College Transparency Act. ``(B) Avoiding duplicated reporting.-- Notwithstanding any other provision of this section, to the extent that another provision of this section requires the same reporting or collection of data that is required under this subsection, an institution of higher education, or the Secretary or Commissioner, may use the reporting or data required for the postsecondary student data system under this subsection to satisfy both requirements. ``(C) Development process.--In developing the postsecondary student data system described in this subsection, the Commissioner shall-- ``(i) focus on the needs of-- ``(I) users of the data system; and ``(II) entities, including institutions of higher education, reporting to the data system; ``(ii) take into consideration, to the extent practicable-- ``(I) the guidelines outlined in the U.S. Web Design Standards maintained by the General Services Administration and the Digital Services Playbook and TechFAR Handbook for Procuring Digital Services Using Agile Processes of the U.S. Digital Service; and ``(II) the relevant successor documents or recommendations of such guidelines; ``(iii) use modern, relevant privacy- and security-enhancing technology, and enhance and update the data system as necessary to carry out the purpose of this subsection; ``(iv) ensure data privacy and security is consistent with any Federal law relating to privacy or data security, including-- ``(I) the requirements of subchapter II of chapter 35 of title 44, United States Code, specifying security categorization under the Federal Information Processing Standards or any relevant successor of such standards; ``(II) security requirements that are consistent with the Federal agency responsibilities in section 3554 of title 44, United States Code, or any relevant successor of such responsibilities; and ``(III) security requirements, guidelines, and controls consistent with cybersecurity standards and best practices developed by the National Institute of Standards and Technology, including frameworks, consistent with section 2(c) of the National Institute of Standards and Technology Act (15 U.S.C. 272(c)), or any relevant successor of such frameworks; ``(v) follow Federal data minimization practices to ensure only the minimum amount of data is collected to meet the system's goals, in accordance with Federal data minimization standards and guidelines developed by the National Institute of Standards and Technology; and ``(vi) provide notice to students outlining the data included in the system and how the data are used. ``(2) Data elements.-- ``(A) In general.--Not later than 4 years after the date of enactment of the College Transparency Act, the Commissioner, in consultation with the Postsecondary Student Data System Advisory Committee established under subparagraph (B), shall determine-- ``(i) the data elements to be included in the postsecondary student data system, in accordance with subparagraphs (C) and (D); and ``(ii) how to include the data elements required under subparagraph (C), and any additional data elements selected under subparagraph (D), in the postsecondary student data system. ``(B) Postsecondary student data system advisory committee.-- ``(i) Establishment.--Not later than 2 years after the date of enactment of the College Transparency Act, the Commissioner shall establish a Postsecondary Student Data System Advisory Committee (referred to in this subsection as the `Advisory Committee'), whose members shall include-- ``(I) the Chief Privacy Officer of the Department or an official of the Department delegated the duties of overseeing data privacy at the Department; ``(II) the Chief Security Officer of the Department or an official of the Department delegated the duties of overseeing data security at the Department; ``(III) representatives of diverse institutions of higher education, which shall include equal representation between 2-year and 4-year institutions of higher education, and from public, nonprofit, and proprietary institutions of higher education, including minority-serving institutions; ``(IV) representatives from State higher education agencies, entities, bodies, or boards; ``(V) representatives of postsecondary students; ``(VI) representatives from relevant Federal agencies; and ``(VII) other stakeholders (including individuals with expertise in data privacy and security, consumer protection, and postsecondary education research). ``(ii) Requirements.--The Commissioner shall ensure that the Advisory Committee-- ``(I) adheres to all requirements under the Federal Advisory Committee Act (5 U.S.C. App.); ``(II) establishes operating and meeting procedures and guidelines necessary to execute its advisory duties; and ``(III) is provided with appropriate staffing and resources to execute its advisory duties. ``(C) Required data elements.--The data elements in the postsecondary student data system shall include, at a minimum, the following: ``(i) Student-level data elements necessary to calculate the information within the surveys designated by the Commissioner as `student- related surveys' in the Integrated Postsecondary Education Data System (IPEDS), as such surveys are in effect on the day before the date of enactment of the College Transparency Act, except that in the case that collection of such elements would conflict with subparagraph (F), such elements in conflict with subparagraph (F) shall be included in the aggregate instead of at the student level. ``(ii) Student-level data elements necessary to allow for reporting student enrollment, persistence, retention, transfer, and completion measures for all credential levels separately (including certificate, associate, baccalaureate, and advanced degree levels), within and across institutions of higher education (including across all categories of institution level, control, and predominant degree awarded). The data elements shall allow for reporting about all such data disaggregated by the following categories: ``(I) Enrollment status as a first- time student, recent transfer student, or other non-first-time student. ``(II) Attendance intensity, whether full-time or part-time. ``(III) Credential-seeking status, by credential level. ``(IV) Race or ethnicity, in a manner that captures all the racial groups specified in the most recent American Community Survey of the Bureau of the Census. ``(V) Age intervals. ``(VI) Gender. ``(VII) Program of study (as applicable). ``(VIII) Military or veteran benefit status (as determined based on receipt of veteran's education benefits, as defined in section 480(c)). ``(IX) Status as a distance education student, whether exclusively or partially enrolled in distance education. ``(X) Federal Pell Grant recipient status under section 401 and Federal loan recipient status under title IV, provided that the collection of such information complies with paragraph (1)(B). ``(D) Other data elements.-- ``(i) In general.--The Commissioner may, after consultation with the Advisory Committee and provision of a public comment period, include additional data elements in the postsecondary student data system, such as those described in clause (ii), if those data elements-- ``(I) are necessary to ensure that the postsecondary data system fulfills the purposes described in paragraph (1)(A); and ``(II) are consistent with data minimization principles, including the collection of only those additional elements that are necessary to ensure such purposes. ``(ii) Data elements.--The data elements described in clause (i) may include-- ``(I) status as a first generation college student, as defined in section 402A(h); ``(II) economic status; ``(III) participation in postsecondary remedial coursework or gateway course completion; or ``(IV) other data elements that are necessary in accordance with clause (i). ``(E) Reevaluation.--Not less than once every 3 years after the implementation of the postsecondary student data system described in this subsection, the Commissioner, in consultation with the Advisory Committee described in subparagraph (B), shall review the data elements included in the postsecondary student data system and may revise the data elements to be included in such system. ``(F) Prohibitions.--The Commissioner shall not include individual health data (including data relating to physical health or mental health), student discipline records or data, elementary and secondary education data, an exact address, citizenship status, migrant status, or national origin status for students or their families, course grades, postsecondary entrance examination results, political affiliation, or religion in the postsecondary student data system under this subsection. ``(3) Periodic matching with other federal data systems.-- ``(A) Data sharing agreements.-- ``(i) The Commissioner shall ensure secure, periodic data matches by entering into data sharing agreements with each of the following Federal agencies and offices: ``(I) The Secretary of the Treasury and the Commissioner of the Internal Revenue Service, in order to calculate aggregate program- and institution- level earnings of postsecondary students. ``(II) The Secretary of Defense, in order to assess the use of postsecondary educational benefits and the outcomes of servicemembers. ``(III) The Secretary of Veterans Affairs, in order to assess the use of postsecondary educational benefits and outcomes of veterans. ``(IV) The Director of the Bureau of the Census, in order to assess the earnings outcomes of former postsecondary education students. ``(V) The Chief Operating Officer of the Office of Federal Student Aid, in order to analyze the use of postsecondary educational benefits provided under this Act. ``(VI) The Commissioner of the Social Security Administration, in order to evaluate labor market outcomes of former postsecondary education students. ``(VII) The Commissioner of the Bureau of Labor Statistics, in order to assess the wages of former postsecondary education students. ``(ii) The heads of Federal agencies and offices described under clause (i) shall enter into data sharing agreements with the Commissioner to ensure secure, periodic data matches as described in this paragraph. ``(B) Categories of data.--The Commissioner shall, at a minimum, seek to ensure that the secure periodic data system matches described in subparagraph (A) permit consistent reporting of the following categories of data for all postsecondary students: ``(i) Enrollment, retention, transfer, and completion outcomes for all postsecondary students. ``(ii) Financial indicators for postsecondary students receiving Federal grants and loans, including grant and loan aid by source, cumulative student debt, loan repayment status, and repayment plan. ``(iii) Post-completion outcomes for all postsecondary students, including earnings, employment, and further education, by program of study and credential level and as measured-- ``(I) immediately after leaving postsecondary education; and ``(II) at time intervals appropriate to the credential sought and earned. ``(C) Periodic data match streamlining and confidentiality.-- ``(i) Streamlining.--In carrying out the secure periodic data system matches under this paragraph, the Commissioner shall-- ``(I) ensure that such matches are not continuous, but occur only periodically at appropriate intervals, as determined by the Commissioner to meet the goals of subparagraph (A); and ``(II) seek to-- ``(aa) streamline the data collection and reporting requirements for institutions of higher education; ``(bb) minimize duplicative reporting across or within Federal agencies or departments, including reporting requirements applicable to institutions of higher education under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) and the Carl D. Perkins Career and Technical Education Act of 2006; ``(cc) protect student privacy; and ``(dd) streamline the application process for student loan benefit programs available to borrowers based on data available from different Federal data systems. ``(ii) Review.--Not less often than once every 3 years after the establishment of the postsecondary student data system under this subsection, the Commissioner, in consultation with the Advisory Committee, shall review methods for streamlining data collection from institutions of higher education and minimizing duplicative reporting within the Department and across Federal agencies that provide data for the postsecondary student data system. ``(iii) Confidentiality.--The Commissioner shall ensure that any periodic matching or sharing of data through periodic data system matches established in accordance with this paragraph-- ``(I) complies with the security and privacy protections described in paragraph (1)(C)(iv) and other Federal data protection protocols; ``(II) follows industry best practices commensurate with the sensitivity of specific data elements or metrics; ``(III) does not result in the creation of a single standing, linked Federal database at the Department that maintains the information reported across other Federal agencies; and ``(IV) discloses to postsecondary students what data are included in the data system and periodically matched and how the data are used. ``(iv) Correction.--The Commissioner, in consultation with the Advisory Committee, shall establish a process for students to request access to only their personal information for inspection and request corrections to inaccuracies in a manner that protects the student's personally identifiable information. The Commissioner shall respond in writing to every request for a correction from a student. ``(4) Publicly available information.-- ``(A) In general.--The Commissioner shall make the summary aggregate information described in subparagraph (C), at a minimum, publicly available through a user- friendly consumer information website and analytic tool that-- ``(i) provides appropriate mechanisms for users to customize and filter information by institutional and student characteristics; ``(ii) allows users to build summary aggregate reports of information, including reports that allow comparisons across multiple institutions and programs, subject to subparagraph (B); ``(iii) uses appropriate statistical disclosure limitation techniques necessary to ensure that the data released to the public cannot be used to identify specific individuals; and ``(iv) provides users with appropriate contextual factors to make comparisons, which may include national median figures of the summary aggregate information described in subparagraph (C). ``(B) No personally identifiable information available.--The summary aggregate information described in this paragraph shall not include personally identifiable information. ``(C) Summary aggregate information available.--The summary aggregate information described in this paragraph shall, at a minimum, include each of the following for each institution of higher education: ``(i) Measures of student access, including-- ``(I) admissions selectivity and yield; and ``(II) enrollment, disaggregated by each category described in paragraph (2)(C)(ii). ``(ii) Measures of student progression, including retention rates and persistence rates, disaggregated by each category described in paragraph (2)(C)(ii). ``(iii) Measures of student completion, including-- ``(I) transfer rates and completion rates, disaggregated by each category described in paragraph (2)(C)(ii); and ``(II) number of completions, disaggregated by each category described in paragraph (2)(C)(ii). ``(iv) Measures of student costs, including-- ``(I) tuition, required fees, total cost of attendance, and net price after total grant aid, disaggregated by in- State tuition or in-district tuition status (if applicable), program of study (if applicable), and credential level; and ``(II) typical grant amounts and loan amounts received by students reported separately from Federal, State, local, and institutional sources, and cumulative debt, disaggregated by each category described in paragraph (2)(C)(ii) and completion status. ``(v) Measures of postcollegiate student outcomes, including employment rates, mean and median earnings, loan repayment and default rates, and further education rates. These measures shall-- ``(I) be disaggregated by each category described in paragraph (2)(C)(ii) and completion status; and ``(II) be measured immediately after leaving postsecondary education and at time intervals appropriate to the credential sought or earned. ``(D) Development criteria.--In developing the method and format of making the information described in this paragraph publicly available, the Commissioner shall-- ``(i) focus on the needs of the users of the information, which will include students, families of students, potential students, researchers, and other consumers of education data; ``(ii) take into consideration, to the extent practicable, the guidelines described in paragraph (1)(C)(ii)(I), and relevant successor documents or recommendations of such guidelines; ``(iii) use modern, relevant technology and enhance and update the postsecondary student data system with information, as necessary to carry out the purpose of this paragraph; ``(iv) ensure data privacy and security in accordance with standards and guidelines developed by the National Institute of Standards and Technology, and in accordance with any other Federal law relating to privacy or security, including complying with the requirements of subchapter II of chapter 35 of title 44, United States Code, specifying security categorization under the Federal Information Processing Standards, and security requirements, and setting of National Institute of Standards and Technology security baseline controls at the appropriate level; and ``(v) conduct consumer testing to determine how to make the information as meaningful to users as possible. ``(5) Permissible disclosures of data.-- ``(A) Data reports and queries.-- ``(i) In general.--Not later than 4 years after the date of enactment of the College Transparency Act, the Commissioner shall develop and implement a secure process for making student-level, non-personally identifiable information, with direct identifiers removed, from the postsecondary student data system available for vetted research and evaluation purposes approved by the Commissioner in a manner compatible with practices for disclosing National Center for Education Statistics restricted-use survey data as in effect on the day before the date of enactment of the College Transparency Act, or by applying other research and disclosure restrictions to ensure data privacy and security. Such process shall be approved by the National Center for Education Statistics' Disclosure Review Board (or successor body). ``(ii) Providing data reports and queries to institutions and states.-- ``(I) In general.--The Commissioner shall provide feedback reports, at least annually, to each institution of higher education, each postsecondary education system that fully participates in the postsecondary student data system, and each State higher education body as designated by the governor. ``(II) Feedback reports.--The feedback reports provided under this clause shall include program-level and institution-level information from the postsecondary student data system regarding students who are associated with the institution or, for State representatives, the institutions within that State, on or before the date of the report, on measures including student mobility and workforce outcomes, provided that the feedback aggregate summary reports protect the privacy of individuals. ``(III) Determination of content.-- The content of the feedback reports shall be determined by the Commissioner in consultation with the Advisory Committee. ``(iii) Permitting state data queries.--The Commissioner shall, in consultation with the Advisory Committee and as soon as practicable, create a process through which States may submit lists of secondary school graduates within the State to receive summary aggregate outcomes for those students who enrolled at an institution of higher education, including postsecondary enrollment and college completion, provided that those data protect the privacy of individuals and that the State data submitted to the Commissioner are not stored in the postsecondary education system. ``(iv) Regulations.--The Commissioner shall promulgate regulations to ensure fair, secure, and equitable access to data reports and queries under this paragraph. ``(B) Disclosure limitations.--In carrying out the public reporting and disclosure requirements of this subsection, the Commissioner shall use appropriate statistical disclosure limitation techniques necessary to ensure that the data released to the public cannot include personally identifiable information or be used to identify specific individuals. ``(C) Sale of data prohibited.--Data collected under this subsection, including the public-use data set and data comprising the summary aggregate information available under paragraph (4), shall not be sold to any third party by the Commissioner, including any institution of higher education or any other entity. ``(D) Limitation on use by other federal agencies.-- ``(i) In general.--The Commissioner shall not allow any other Federal agency to use data collected under this subsection for any purpose except-- ``(I) for vetted research and evaluation conducted by the other Federal agency, as described in subparagraph (A)(i); or ``(II) for a purpose explicitly authorized by this Act. ``(ii) Prohibition on limitation of services.--The Secretary, or the head of any other Federal agency, shall not use data collected under this subsection to limit services to students. ``(E) Law enforcement.--Personally identifiable information collected under this subsection shall not be used for any Federal, State, or local law enforcement activity or any other activity that would result in adverse action against any student or a student's family, including debt collection activity or enforcement of immigration laws. ``(F) Limitation of use for federal rankings or summative rating system.--The comprehensive data collection and analysis necessary for the postsecondary student data system under this subsection shall not be used by the Secretary or any Federal entity to establish any Federal ranking system of institutions of higher education or a system that results in a summative Federal rating of institutions of higher education. ``(G) Rule of construction.--Nothing in this paragraph shall be construed to prevent the use of individual categories of aggregate information to be used for accountability purposes. ``(H) Rule of construction regarding commercial use of data.--Nothing in this paragraph shall be construed to prohibit third-party entities from using publicly available information in this data system for commercial use. ``(6) Submission of data.-- ``(A) Required submission.--Each institution of higher education participating in a program under title IV, or the assigned agent of such institution, shall, for each eligible program, in accordance with section 487(a)(17), collect, and submit to the Commissioner, the data requested by the Commissioner to carry out this subsection. ``(B) Voluntary submission.--Any institution of higher education not participating in a program under title IV may voluntarily participate in the postsecondary student data system under this subsection by collecting and submitting data to the Commissioner, as the Commissioner may request to carry out this subsection. ``(C) Personally identifiable information.--In accordance with paragraph (2)(C)(i), if the submission of an element of student-level data is prohibited under paragraph (2)(F) (or otherwise prohibited by law), the institution of higher education shall submit that data to the Commissioner in the aggregate. ``(7) Unlawful willful disclosure.-- ``(A) In general.--It shall be unlawful for any person who obtains or has access to personally identifiable information in connection with the postsecondary student data system described in this subsection to willfully disclose to any person (except as authorized in this Act or by any Federal law) such personally identifiable information. ``(B) Penalty.--Any person who violates subparagraph (A) shall be subject to a penalty described under section 3572(f) of title 44, United States Code, and section 183(d)(6) of the Education Sciences Reform Act of 2002 (20 U.S.C. 9573(d)(6)). ``(C) Employee or officer of the united states.--If a violation of subparagraph (A) is committed by any officer or employee of the United States, the officer or employee shall be dismissed from office or discharged from employment upon conviction for the violation. ``(8) Data security.--The Commissioner shall produce and update as needed guidance and regulations relating to privacy, security, and access which shall govern the use and disclosure of data collected in connection with the activities authorized in this subsection. The guidance and regulations developed and reviewed shall protect data from unauthorized access, use, and disclosure, and shall include-- ``(A) an audit capability, including mandatory and regularly conducted audits; ``(B) access controls; ``(C) requirements to ensure sufficient data security, quality, validity, and reliability; ``(D) confidentiality protection in accordance with the applicable provisions of subchapter III of chapter 35 of title 44, United States Code; ``(E) appropriate and applicable privacy and security protection, including data retention and destruction protocols and data minimization, in accordance with the most recent Federal standards developed by the National Institute of Standards and Technology; and ``(F) protocols for managing a breach, including breach notifications, in accordance with the standards of National Center for Education Statistics. ``(9) Data collection.--The Commissioner shall ensure that data collection, maintenance, and use under this subsection complies with section 552a of title 5, United States Code. ``(10) Definitions.--In this subsection: ``(A) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 102. ``(B) Minority-serving institution.--The term `minority-serving institution' means an institution of higher education listed in section 371(a). ``(C) Personally identifiable information.--The term `personally identifiable information' means personally identifiable information within the meaning of section 444 of the General Education Provisions Act.''. SEC. 3. REPEAL OF PROHIBITION ON STUDENT DATA SYSTEM. Section 134 of the Higher Education Act of 1965 (20 U.S.C. 1015c) is repealed. SEC. 4. INSTITUTIONAL REQUIREMENTS. (a) In General.--Paragraph (17) of section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended to read as follows: ``(17) The institution or the assigned agent of the institution will collect and submit data to the Commissioner for Education Statistics in accordance with section 132(l), the nonstudent related surveys within the Integrated Postsecondary Education Data System (IPEDS), or any other Federal institution of higher education data collection effort (as designated by the Secretary), in a timely manner and to the satisfaction of the Secretary.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 4 years after the date of enactment of this Act. SEC. 5. TRANSITION PROVISIONS. The Secretary of Education and the Commissioner for Education Statistics shall take such steps as are necessary to ensure that the development and maintenance of the postsecondary student data system required under section 132(l) of the Higher Education Act of 1965, as added by section 2 of this Act, occurs in a manner that reduces the reporting burden for entities that reported into the Integrated Postsecondary Education Data System (IPEDS). <all>

College Transparency Act

A bill to establish a postsecondary student data system.

College Transparency Act

Sen. Cassidy, Bill

R

LA

S.2409

Commerce

United States Call Center Worker and Consumer Protection Act of 2021 This bill establishes restrictions on businesses that relocate call centers or redirect customer service calls to locations outside the United States. Specifically, a business must notify the Department of Labor that it intends to move its customer service call center overseas and Labor must maintain a publicly available list of such businesses. Subject to narrow exceptions, a business appearing on such list is ineligible to receive federal grants or guaranteed loans for five years after the business is added to the list. Further, agencies must condition the awarding of government contracts on the requirement that any call center activity pursuant to the contract must be performed in the United States. Additionally, the bill requires call center employees to disclose their physical location at the beginning of each call initiated or received, unless all employees of the business participating in the communication are located in the United States, among other exceptions.

To require the Secretary of Labor to maintain a publicly available list of all employers that relocate a call center or contract call center work overseas, to make such companies ineligible for Federal grants or guaranteed loans, and to require disclosure of the physical location of business agents engaging in customer service communications, and for other 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 ``United States Call Center Worker and Consumer Protection Act of 2021''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--CONSEQUENCES FOR RELOCATING OR CONTRACTING OUT CALL CENTER WORK OVERSEAS Sec. 101. List of call centers relocating or contracting call center work overseas and ineligibility for grants or guaranteed loans. Sec. 102. Rule of construction related to Federal benefits for workers. Sec. 103. Report regarding Federal call center work locations. Sec. 104. Requirement that call center work under a Federal contract be performed inside the United States. TITLE II--REQUIRED DISCLOSURE OF PHYSICAL LOCATIONS IN CUSTOMER SERVICE COMMUNICATIONS Sec. 201. Required disclosure by business entities engaged in customer service communications of physical location. Sec. 202. Enforcement. SEC. 2. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' means a Federal or State executive agency or a military department. (2) Business entity.--The term ``business entity'' means any organization, corporation, trust, partnership, sole proprietorship, unincorporated association, or venture established to make a profit, in whole or in part, by purposefully availing itself of the privilege of conducting commerce in the United States. (3) Call center.--The term ``call center'' means a facility or other operation whereby employees receive incoming telephone calls, emails, or other electronic communication for the purpose of providing customer assistance or other service. (4) Consumer.--The term ``consumer'' means any individual within the territorial jurisdiction of the United States who purchases, transacts, or contracts for the purchase or transaction of any goods, merchandise, or services, not for resale in the ordinary course of the individual's trade or business, but for the individual's use or that of a member of the individual's household. (5) Contracting call center work overseas.--The term ``contracting call center work overseas'' means transferring the work of a call center, or of one or more facilities or operating units within a call center comprising at least 30 percent of the total volume of the call center or operating unit when measured against the previous 12-month average call volume of operations or substantially similar operations, through a contract or other agreement to another entity who will perform that work outside of the United States. (6) Customer service communication.--The term ``customer service communication'' means any telecommunication or wire communication between a consumer and a business entity in furtherance of commerce. (7) Employer.--The term ``employer'' means any business enterprise that employs in a call center-- (A) 50 or more employees, excluding part-time employees; or (B) 50 or more employees who in the aggregate work at least 1,500 hours per week (exclusive of hours of overtime). (8) Part-time employee.--The term ``part-time employee'' means an employee who is employed for an average of fewer than 20 hours per week or who has been employed for fewer than 6 of the 12 months preceding the date on which notice is required. (9) Relocating and relocation.--The terms ``relocating'' and ``relocation'' refer to the closure of a call center, or the cessation of operations of a call center, or one or more facilities or operating units within a call center comprising at least 30 percent of the total volume of the call center or operating unit, when measured against the previous 12-month average call volume of operations or substantially similar operations, and the transferring of the operations of the call center (or facilities or operating units) to another location outside of the United States. (10) Secretary.--The term ``Secretary'' means the Secretary of Labor. (11) Telecommunication.--The term ``telecommunication'' means the transmission, between or among points specified by the communicator, of information of the communicator's choosing, without change in the form or content of the information as sent and received. (12) Wire communication and communication by wire.--The term ``wire communication'' or ``communication by wire'' means the transmission of writing, signs, signals, pictures, and sounds of all kinds by aid of wire, cable, or other like connection between the points of origin and reception of such transmission, including all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding, and delivery of communications) incidental to such transmission. TITLE I--CONSEQUENCES FOR RELOCATING OR CONTRACTING OUT CALL CENTER WORK OVERSEAS SEC. 101. LIST OF CALL CENTERS RELOCATING OR CONTRACTING CALL CENTER WORK OVERSEAS AND INELIGIBILITY FOR GRANTS OR GUARANTEED LOANS. (a) List.-- (1) Notice requirement.-- (A) In general.--Not fewer than 120 days before relocating a call center outside of the United States, or contracting call center work overseas, an employer shall notify the Secretary of such relocation or contracting. (B) Penalty.--A person who violates subparagraph (A) shall be subject to a civil penalty not to exceed $10,000 for each day of violation. (2) Establishment and maintenance of list.-- (A) In general.--The Secretary shall establish, maintain, and make available to the public a list of all employers who relocate a call center or contract call center work overseas, as described in paragraph (1)(A). (B) Term.--Each employer included in the list required by subparagraph (A) shall remain on the list for a period not to exceed 5 years after each instance of relocating a call center or contracting call center work overseas. (C) Removal.--The Secretary may remove an employer from the list required by subparagraph (A) if the Secretary determines that-- (i)(I) the employer has relocated a call center from a location outside of the United States to a location in the United States; and (II) the new call center in the United States employs a number of employees equal to or greater than the number of employees who worked at the original call center that was relocated to a location outside of the United States; or (ii) in the case of an employer who contracted call center work overseas, the employer demonstrates that the contract or agreement has been amended to require that all employees performing call center work under the contract or agreement will be located in the United States. (b) Ineligibility for Grants or Guaranteed Loans.-- (1) Ineligibility.--Except as provided in paragraph (2) and notwithstanding any other provision of law, an employer who appears on the list required by subsection (a)(2)(A) shall be ineligible for any direct or indirect Federal grants or Federal guaranteed loans for 5 years after the date such employer was added to the list. (2) Exceptions.--The Secretary, in consultation with the appropriate agency providing a loan or grant, may waive the eligibility restriction provided under paragraph (1) if the employer applying for such loan or grant demonstrates that a lack of such loan or grant would-- (A) threaten national security; (B) result in substantial job loss in the United States; or (C) harm the environment. (c) Preference in Federal Contracting for Not Relocating or Contracting Call Center Work Overseas.--The head of an agency, when awarding a civilian or defense-related Federal contract, shall give preference to a United States employer that does not appear on the list required by subsection (a)(2)(A). (d) Effective Date.--This section shall take effect on the date that is 1 year after the date of the enactment of this Act. SEC. 102. RULE OF CONSTRUCTION RELATED TO FEDERAL BENEFITS FOR WORKERS. No provision of this title shall be construed to permit withholding or denial of payments, compensation, or benefits under any provision of Federal law (including Federal unemployment compensation, disability payments, or worker retraining or readjustment funds) to workers employed by employers that relocate operations outside the United States. SEC. 103. REPORT REGARDING FEDERAL CALL CENTER WORK LOCATIONS. By not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall prepare and submit to Congress a report that documents the location, and amount, of call center work conducted by or for the Federal Government, including-- (1) a determination of the amount of such Federal call center work that is conducted by Federal employees, and the amount conducted by Federal contractors; and (2) all locations at which such Federal call center work is being conducted, whether by Federal employees or through Federal contracts. SEC. 104. REQUIREMENT THAT CALL CENTER WORK UNDER A FEDERAL CONTRACT BE PERFORMED INSIDE THE UNITED STATES. The head of an agency, when awarding a civilian or defense-related Federal contract, shall require as a condition of the contract that any call center work performed in connection with the contract or any subcontract under the contract shall be performed inside the United States. TITLE II--REQUIRED DISCLOSURE OF PHYSICAL LOCATIONS IN CUSTOMER SERVICE COMMUNICATIONS SEC. 201. REQUIRED DISCLOSURE BY BUSINESS ENTITIES ENGAGED IN CUSTOMER SERVICE COMMUNICATIONS OF PHYSICAL LOCATION. (a) In General.--Except as provided in subsection (b), a business entity that either initiates or receives a customer service communication shall require that each of its employees or agents participating in the communication disclose their physical location at the beginning of each customer service communication so initiated or received. (b) Exceptions.-- (1) Business entities located in the united states.--The requirements of subsection (a) shall not apply to a customer service communication involving a business entity if all of the employees or agents of the business entity participating in such communication are physically located in the United States. (2) Communication initiated by consumer knowingly to foreign entity or address.--The requirements of subsection (a) shall not apply to an employee or agent of a business entity participating in a customer service communication with a consumer if-- (A) the customer service communication was initiated by the consumer; (B) the employee or agent is physically located outside the United States; and (C) the consumer knows or reasonably should know that the employee or agent is physically located outside the United States. (3) Emergency services.--The requirements of subsection (a) shall not apply to a customer service communication relating to the provision of emergency services (as defined by the Federal Trade Commission). (4) Business entities and customer service communications excluded by federal trade commission.--The Federal Trade Commission may exclude certain classes or types of business entities or customer service communications from the requirements of subsection (a) if the Commission finds exceptionally compelling circumstances that justify such exclusion. (c) Transfer to U.S.-Based Customer Service Center.--A business entity that is subject to the requirements of subsection (a) shall, at the request of a customer, transfer the customer to a customer service agent who is physically located in the United States. (d) Certification Requirement.--Each year, each business entity that participates in a customer service communication shall certify to the Federal Trade Commission that it has complied or failed to comply with the requirements of subsections (a) and (c). (e) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Federal Trade Commission shall promulgate such regulations as may be necessary to carry out the provisions of this section. (f) Effective Date.--The requirements of subsection (a) shall apply with respect to customer service communications occurring on or after the date that is 1 year after the date of the enactment of this Act. SEC. 202. ENFORCEMENT. (a) In General.--Any failure to comply with the provisions of section 201 shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (b) Powers of Federal Trade Commission.-- (1) In general.--The Federal Trade Commission shall prevent any person from violating section 201 and any regulation promulgated thereunder, in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (2) Penalties.--Any person who violates regulations promulgated under section 201 shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made part of this Act. (c) Authority Preserved.--Nothing in this section or section 201 shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. <all>

United States Call Center Worker and Consumer Protection Act of 2021

A bill to require the Secretary of Labor to maintain a publicly available list of all employers that relocate a call center or contract call center work overseas, to make such companies ineligible for Federal grants or guaranteed loans, and to require disclosure of the physical location of business agents engaging in customer service communications, and for other purposes.

United States Call Center Worker and Consumer Protection Act of 2021

Sen. Casey, Robert P., Jr.

D

PA

S.5061

Health

Expand Qualified Psychologist Services Act This bill provides for Medicare coverage of services that are furnished by advanced psychology trainees under the general supervision of clinical psychologists.

To amend title XVIII of the Social Security Act to provide for Medicare coverage and coding for qualified psychologist services furnished by advanced psychology trainees. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Expand Qualified Psychologist Services Act''. SEC. 2. COVERAGE AND CODING FOR QUALIFIED PSYCHOLOGIST SERVICES FURNISHED BY ADVANCED PSYCHOLOGY TRAINEES. (a) Coverage.-- (1) In general.--Section 1861(ii) of the Social Security Act (42 U.S.C. 1395x(ii)) is amended-- (A) by inserting ``(1)'' after ``(ii)''; (B) in paragraph (1), as added by paragraph (1) of this subsection, by inserting ``(or furnished by an advanced psychology trainee under the general supervision of a clinical psychologist (as so defined))'' after ``(as defined by the Secretary)''; and (C) by adding at the end the following new paragraph: ``(2) In this subsection: ``(A) The term `advanced psychology trainee' means a postdoctoral resident who has obtained a doctoral degree in psychology, is seeking a license to practice psychology, and is engaged in a 1- or 2-year period of additional supervised experiential training to acquire the skills or hours required for licensure through a program accredited by an organization determined appropriate by the Secretary. ``(B) The term `general supervision' has the meaning given that term in section 410.26(a)(3) of title 42, Code of Federal Regulations (or any successor regulation).''. (2) Effective date.--The amendments made by this subsection shall apply to services furnished on or after January 1, 2024. (b) Establishment of Modifier.--Not later than January 1, 2024, the Secretary of Health and Human Services shall establish a modifier to indicate services furnished by an advanced psychology trainee pursuant to the amendments made by subsection (a). <all>

Expand Qualified Psychologist Services Act

A bill to amend title XVIII of the Social Security Act to provide for Medicare coverage and coding for qualified psychologist services furnished by advanced psychology trainees.

Expand Qualified Psychologist Services Act

Sen. Daines, Steve

R

MT

S.504

Public Lands and Natural Resources

Green Spaces, Green Vehicles Act of 2021 This bill directs the Department of Energy (DOE), the Forest Service, and the National Park Service (NPS) to collaborate on a Green Spaces, Green Vehicles Initiative to facilitate the installation and use of zero-emissions vehicle infrastructure, including on land that is not National Forest System land or NPS land. The agencies shall facilitate such installation and use, including by acquiring zero-emissions vehicles for the fleets of the Forest Service and the NPS. For purposes of determining whether the acquisition of alternative fueled vehicles is practical for the fleet of the Forest Service or the NPS, DOE shall take into account the availability on National Forest System land or NPS land, as applicable, of zero-emissions vehicle infrastructure.

To establish the Green Spaces, Green Vehicles Initiative to facilitate the installation of zero-emissions vehicle infrastructure on National Forest System land, National Park System land, and certain related 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 ``Green Spaces, Green Vehicles Act of 2021''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate agency head.--The term ``appropriate agency head'' means-- (A) the Secretary of Agriculture, acting through the Chief of the Forest Service, with respect to National Forest System land; and (B) the Secretary of the Interior, acting through the Director of the National Park Service, with respect to National Park System land. (2) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Energy and Commerce of the House of Representatives; (B) the Committee on Natural Resources of the House of Representatives; (C) the Committee on Appropriations of the House of Representatives; (D) the Committee on Energy and Natural Resources of the Senate; and (E) the Committee on Appropriations of the Senate. (3) Covered land.--The term ``covered land'' means-- (A) National Forest System land; (B) National Park System land; and (C) any land, including land owned by a unit of local government or Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304))-- (i) that is located not more than 25 miles from land described in subparagraph (A) or (B); and (ii) with respect to which the Secretary or an appropriate agency head has entered into an agreement with the owner of the land for the installation of zero-emissions vehicle infrastructure on the land, after making a determination that the infrastructure to be installed under the agreement is related to providing zero-emissions vehicles with access to land described in subparagraph (A) or (B). (4) Secretary.--The term ``Secretary'' means the Secretary of Energy, acting through the Assistant Secretary for Energy Efficiency and Renewable Energy. (5) Zero-emissions vehicle infrastructure.--The term ``zero-emissions vehicle infrastructure'' means infrastructure used to charge or fuel a zero-emissions vehicle. (6) Zero-emissions vehicle.--The term ``zero-emissions vehicle'' means-- (A) a zero-emission vehicle (as defined in section 88.102-94 of title 40, Code of Federal Regulations (or successor regulations)); or (B) a vehicle that produces zero exhaust emissions of any criteria pollutant (or precursor pollutant) or greenhouse gas under any possible operational modes or conditions. SEC. 3. ESTABLISHMENT OF GREEN SPACES, GREEN VEHICLES INITIATIVE. (a) Establishment.--The Secretary and the appropriate agency heads shall collaborate on an initiative, to be known as the ``Green Spaces, Green Vehicles Initiative'', to facilitate the installation and use of zero-emissions vehicle infrastructure on covered land. (b) Duties.--The Secretary and the appropriate agency heads shall facilitate the installation and use of zero-emissions vehicle infrastructure on covered land-- (1) by entering into agreements with public, private, or nonprofit entities for the acquisition, installation, and operation, including use-fee processing and collection, on covered land of publicly accessible zero-emissions vehicle infrastructure that is directly related to the charging or fueling of a vehicle in accordance with this section; (2) by acquiring, in coordination with the Administrator of General Services, zero-emissions vehicles, including shuttle vehicles, for the fleets of the Forest Service and the National Park Service; (3) by providing information to the public, including by publishing a map on any relevant agency website, regarding the availability of existing and planned zero-emissions vehicle infrastructure on covered land; and (4) by allowing for the use of charging infrastructure by employees of the Forest Service and the National Park Service to charge vehicles used by the employees in commuting to or from work. (c) Requirement.--In carrying out this section, the Secretary and the appropriate agency heads shall ensure that the installation and use of zero-emissions vehicle infrastructure on covered land-- (1) is consistent with-- (A) all rules established for the covered land on which the zero-emissions vehicle infrastructure is installed; (B) any applicable general management plan prepared under section 100502 of title 54, United States Code, for that covered land; (C) any applicable land and resource management plan developed under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604) for that covered land; and (D) any other organizing or other document relating to the management of that covered land; and (2) complies with all applicable laws relating to the management of the covered land. (d) Considerations.--In determining the location for zero-emissions vehicle infrastructure acquired and installed on covered land under subsection (b), the Secretary and the appropriate agency heads shall consider whether a proposed location would-- (1) support the use of zero-emissions vehicles by Federal fleets and visitors to Federal facilities; (2) complement, to the extent feasible, alternative fueling corridor networks established under section 151 of title 23, United States Code; (3) meet current or anticipated market demands for charging or fueling infrastructure; and (4) enable or accelerate the construction of charging or fueling infrastructure that would be unlikely to be completed without Federal assistance. (e) Location of Infrastructure.--Any zero-emissions vehicle infrastructure acquired, installed, or operated under subsection (b) shall be located on covered land. (f) Funding.-- (1) Authorization of appropriations.--There is authorized to be appropriated to carry out this section $72,000,000 for each fiscal year. (2) Limitations on use of funds.-- (A) Federal fleets.--Not more than 20 percent of any funds appropriated to carry out this section may be used to acquire zero-emissions vehicles under subsection (b)(2). (B) Urbanized areas.--Not more than 30 percent of any funds appropriated to carry out this section may be used to acquire, install, or operate zero-emissions vehicle infrastructure in an urbanized area (as designated by the Bureau of the Census). (C) Administrative costs.--Not more than 2 percent of any funds appropriated to carry out this section may be used for administrative costs. SEC. 4. AGREEMENTS FOR SHUTTLE OR OTHER TRANSPORTATION SERVICES ON NATIONAL FOREST SYSTEM LAND AND NATIONAL PARK SYSTEM LAND. In entering into an agreement with an entity to provide shuttle or other transportation services on or to covered land, an appropriate agency head shall give priority consideration to an entity that would provide the applicable services using zero-emissions vehicles. SEC. 5. ALTERNATIVE FUEL USE BY LIGHT DUTY FEDERAL VEHICLES. Section 400AA(a) of the Energy Policy and Conservation Act (42 U.S.C. 6374(a)) is amended by adding at the end the following: ``(5) For purposes of making a determination under paragraph (1) as to whether the acquisition of alternative fueled vehicles is practicable for the fleet of the Forest Service or the National Park Service, the Secretary, in cooperation with the Secretary of Agriculture or the Secretary of the Interior, as applicable, shall take into account the availability on National Forest System land or National Park System land, as applicable, of zero-emissions vehicle infrastructure (as defined in section 2 of the Green Spaces, Green Vehicles Act of 2021) acquired and installed under section 3 of the Green Spaces, Green Vehicles Act of 2021. ``(6)(A) Notwithstanding any other provision of law, the Secretary, in cooperation with the Secretary of Agriculture or the Secretary of the Interior, as applicable, shall develop a strategy to, by 2030, increase the number of zero-emissions vehicles (as defined in section 2 of the Green Spaces, Green Vehicles Act of 2021) in the fleet and used in shuttle operations of each of the Forest Service and the National Park Service to the greater of-- ``(i) a number that is equal to 125 percent of the number of zero-emissions vehicles in the fleet and shuttle operations of each agency on the date of enactment of this paragraph; and ``(ii) a number that is equal to 25 percent of all vehicles in the fleet and shuttle operations of each agency. ``(B) The strategy developed under subparagraph (A) shall be updated not less frequently than once every 2 years.''. SEC. 6. REPORT. Not later than 2 years after the date of enactment of this Act, and biennially thereafter, the Secretary and the appropriate agency heads shall submit to the appropriate committees of Congress a report that describes-- (1) the location of-- (A) any zero-emissions vehicle infrastructure acquired, installed, or operated, or planned to be acquired, installed, or operated, under section 3(b)(1); and (B) any zero-emissions vehicles acquired for the fleet of the Forest Service or the National Park Service under section 3(b)(2); (2) the amount of Federal funds expended to carry out each duty under section 3(b); (3) any allocation of costs or benefits between the Federal Government and private or nonprofit entities under an agreement entered into by the Secretary or the appropriate agency heads under section 3(b)(1); (4) the justifications for the expenditure of funds to carry out section 3 during the period covered by the report, including, with respect to any zero-emissions vehicle infrastructure installed during the period covered by the report, an analysis of each of the considerations under section 3(d); (5) if applicable, any challenges in acquiring the necessary workforce to install, operate, or maintain-- (A) any zero-emissions vehicle infrastructure acquired, installed, or operated, or planned to be acquired, installed, or operated, under section 3(b)(1); and (B) any zero-emissions vehicles acquired for the fleet of the Forest Service or the National Park Service under section 3(b)(2); (6) with respect to each agreement for shuttle or other transportation services on or to covered land entered into by an appropriate agency head during the period covered by the report, how the appropriate agency head complied with the requirements of section 4; (7) the strategy developed under paragraph (6)(A) of section 400AA(a) of the Energy Policy and Conservation Act (42 U.S.C. 6374(a)) (including any updates to the strategy under paragraph (6)(B) of that section); and (8) any recommendations of the Secretary with respect to any additional funding or authority needed to carry out paragraph (6) of section 400AA(a) of the Energy Policy and Conservation Act (42 U.S.C. 6374(a)). <all>

Green Spaces, Green Vehicles Act of 2021

A bill to establish the Green Spaces, Green Vehicles Initiative to facilitate the installation of zero-emissions vehicle infrastructure on National Forest System land, National Park System land, and certain related land, and for other purposes.

Green Spaces, Green Vehicles Act of 2021

Sen. Cortez Masto, Catherine

D

NV

H.R.6674

Taxation

This bill prohibits the Department of the Treasury from (1) establishing or maintaining any verification process for access to online accounts of the Internal Revenue Service that uses biometric or geolocation information from mobile network operators; or (2) collecting, storing, or sharing such biometric or geolocation information without either express consent from the taxpayer to whom such information belongs or a court order.

To prohibit the Internal Revenue Service from requiring individuals to submit biometric information or geolocation information to access online services, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PROHIBITION ON REQUIRED USE OR COLLECTION OF BIOMETRICS, GEOLOCATION DATA FOR ACCESS TO ONLINE SERVICES. (a) In General.--The Secretary of the Treasury (or the Secretary's delegate) may not establish or maintain any verification process for access to online accounts or services of the Internal Revenue Service which uses biometric information or geolocation information from mobile network operators. (b) Collection Prohibited Without Consent or Warrant.--The Secretary of the Treasury (or the Secretary's delegate) may not collect, store, or share biometric information or geolocation information from mobile network operators without either express consent from the taxpayer to whom such information belongs or a court order. <all>

To prohibit the Internal Revenue Service from requiring individuals to submit biometric information or geolocation information to access online services, and for other purposes.

To prohibit the Internal Revenue Service from requiring individuals to submit biometric information or geolocation information to access online services, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To prohibit the Internal Revenue Service from requiring individuals to submit biometric information or geolocation information to access online services, and for other purposes.

Rep. Gooden, Lance

R

TX

H.R.9083

Foreign Trade and International Finance

For Accurate Import Relief To Aid Retailers and Importers of Foreign Freights Act of 2022 or the FAIR TARIFF Act of 2022 This bill provides for the liquidation or reliquidation of certain entries of products (e.g., wine, spirits, and food) of European Union countries exported to the United States during specified time periods.

To provide for the liquidation or reliquidation of certain entries of products of European Union member states, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``For Accurate Import Relief To Aid Retailers and Importers of Foreign Freights Act of 2022'' or ``FAIR TARIFF Act of 2022''. SEC. 2. CERTAIN ENTRIES OF PRODUCTS OF EUROPEAN UNION MEMBER STATES. (a) Products Entered During the 60-Day Period Beginning on October 18, 2019.--Notwithstanding sections 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 1514 and 1520), or any other provision of law, U.S. Customs and Border Protection shall-- (1) liquidate or reliquidate each entry of a product-- (A) provided for in subheading 9903.89.10, 9903.89.13, 9903.89.16, 9903.89.19, 9903.89.22, 9903.89.25, 9903.89.28, 9903.89.31, 9903.89.34, 9903.89.37, 9903.89.40, 9903.89.43, 9903.89.46, or 9903.89.49 of the HTS; and (B) that was entered for consumption, or withdrawn from warehouse for consumption, during the 60-day period beginning on October 18, 2019; and (2) refund to the importer of record the amount of additional duties previously collected on the entry of that product by reason of the application of the applicable subheading of the HTS described in paragraph (1)(A) to the product. (b) Products Entered During the 60-Day Period Beginning on January 12, 2021.--Notwithstanding sections 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 1514 and 1520), or any other provision of law, U.S. Customs and Border Protection shall-- (1) liquidate or reliquidate each entry of a product-- (A) provided for in subheading 9903.89.57, 9903.89.59, 9903.89.61, or 9903.89.63 of the HTS; and (B) that was entered for consumption, or withdrawn from warehouse for consumption, during the 60-day period beginning on January 12, 2021; and (2) refund to the importer of record the amount of additional duties previously collected on the entry of that product by reason of the application of the subheading of the HTS described in paragraph (1)(A) to the product. (c) Requests.--A liquidation or reliquidation may be made under subsection (a) or (b) with respect to an entry of products only if a request therefor is filed with U.S. Customs and Border Protection, not later than 1 year after the date of the enactment of this Act, that contains sufficient information to enable U.S. Customs and Border Protection-- (1) to either-- (A) locate the entry; or (B) to reconstruct the entry if it cannot be located; and (2) to verify the eligibility of the request. (d) Refund of Amounts Owed.-- (1) Unliquidated entries.--For an entry described in subsection (a) or (b) that is unliquidated, any duties, including interest, eligible for a refund under subsection (a) or (b) shall be processed for purposes of liquidation in accordance with sections 504 and 505 of the Tariff Act of 1930 (19 U.S.C. 1504 and 1505). (2) Reliquidated entries.--Any amounts owed by the United States pursuant to a reliquidation of an entry described in subsection (a) or (b) (including interest from the date of entry) shall be refunded not later than 180 days after the date of the application for refund for the entry is made to U.S. Customs and Border Protection. (3) Refund application process.--U.S. Customs and Border Protection shall-- (A) develop an application process for requesting refunds under subsections (a) and (b); and (B) make the process available to the public not later than 90 days after the date of the enactment of this Act. (e) HTS Defined.--In this section, the term ``HTS'' means the Harmonized Tariff Schedule of the United States. SEC. 3. ADVANCE NOTICE WITH RESPECT TO CERTAIN ACTIONS UNDER SECTION 301 OF THE TRADE ACT OF 1974. (a) In General.--Section 306(b) of the Trade Act of 1974 (19 U.S.C. 2416(b)) is amended by adding at the end the following: ``(3) Advance notice.--The Trade Representative may not provide for an effective date of any action described in subparagraph (A) or (B) of section 301(c)(1) with respect to-- ``(A) an increase in the tariff rate of a good of a foreign country (other than a nonmarket economy country (as that term is defined in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)))) by reason of the good being included on a retaliation list or revised retaliation list under this subsection, or ``(B) an increase in the tariff rate of a good of a foreign country (other than a nonmarket economy country (as that term is defined in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)))) by reason of the good being subject to any other action under subparagraph (A) or (B) of such section, that is earlier than the date that is 60 days after notice of the action is published in the Federal Register.''. (b) Effective Date.--The amendment made by subsection (a)-- (1) takes effect on the date of the enactment of this Act; and (2) applies with respect to-- (A) any good included on a retaliation list under section 306(b) of the Trade Act of 1974 (19 U.S.C. 2416(b)) that is published in the Federal Register on or after the date that is 30 days after the date of the enactment of this Act; and (B) any good that is subject to any other action under subparagraph (A) or (B) of section 301(c)(1) of such Act (19 U.S.C. 2411(c)(1)) that becomes effective on or after the date that is 30 days after the date of the enactment of this Act. <all>

FAIR TARIFF Act of 2022

To provide for the liquidation or reliquidation of certain entries of products of European Union member states, and for other purposes.

FAIR TARIFF Act of 2022 For Accurate Import Relief To Aid Retailers and Importers of Foreign Freights Act of 2022

Rep. Thompson, Mike

D

CA

S.18

Government Operations and Politics

To designate the facility of the United States Postal Service located at 229 Minnetonka Avenue South in Wayzata, Minnesota, as the ``Jim Ramstad Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. JIM RAMSTAD POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 229 Minnetonka Avenue South in Wayzata, Minnesota, shall be known and designated as the ``Jim Ramstad Post Office''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Jim Ramstad Post Office''. <all>

A bill to designate the facility of the United States Postal Service located at 229 Minnetonka Avenue South in Wayzata, Minnesota, as the "Jim Ramstad Post Office".

A bill to designate the facility of the United States Postal Service located at 229 Minnetonka Avenue South in Wayzata, Minnesota, as the "Jim Ramstad Post Office".

Official Titles - Senate Official Title as Introduced A bill to designate the facility of the United States Postal Service located at 229 Minnetonka Avenue South in Wayzata, Minnesota, as the "Jim Ramstad Post Office".

Sen. Klobuchar, Amy

D

MN

H.R.7311

International Affairs

Countering Malign Russian Activities in Africa Act This bill requires the Department of State to report to Congress a strategy and implementation plan outlining U.S. efforts to counter Russia's malign influence and activities in Africa. The State Department must also report to Congress annual updates on the strategy and implementation plan.

To direct the Secretary of State to develop and submit to Congress a strategy and implementation plan outlining United States efforts to counter the malign influence and activities of the Russian Federation and its proxies in Africa, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Countering Malign Russian Activities in Africa Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that the United States-- (1) should regularly assess the scale and scope of the Russian Federation's influence and activities in Africa that undermine United States objectives and interests; and (2) determine how-- (A) to address and counter such influence and activities effectively, including through appropriate United States foreign assistance programs; and (B) to hold accountable the Russian Federation and African governments and their officials who are complicit in aiding such malign influence and activities. SEC. 3. STRATEGY AND IMPLEMENTATION PLAN; REPORT. (a) Strategy and Implementation Plan.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall develop and submit to the appropriate congressional committees a strategy and implementation plan outlining United States efforts to counter the malign influence and activities of the Russian Federation and its proxies in Africa, including programs and other initiatives designed to-- (1) strengthen democratic institutions, improve government transparency and accountability, improve standards related to human rights, labor, anti-corruption initiatives, fiscal transparency, monitor natural resources and extractive industries, and other tenets of good governance; and (2) monitor and report on Russian political influence and disinformation operations and the activities of Russian, Russia-connected, or Russian-funded private military contractors in Africa. (b) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary of State, in consultation with the heads of other relevant Federal departments and agencies as appropriate, shall submit to the appropriate congressional committees a report on the strategy and implementation plan required by subsection (a) and related efforts to counter the malign influence and activities of the Russian Federation and its proxies in Africa. (2) Elements.--The report required by paragraph (1) shall include the following: (A) An assessment of the scope and nature of the Russian Federation's malign influence and activities and related diplomatic, economic, and security priorities and strategic objectives of such engagement in Africa, including influence and activities that involve Russian proxies, such as Russian oligarchs, Russian-funded private military contractors, and other individuals and entities directly or indirectly employed by or financially or politically associated with Russia and its officials, who are involved in or aid activities to, among other things-- (i) manipulate African governments and their policies, as well as the public opinions and voting preferences of African populations and diaspora groups, including those in the United States; and (ii) invest in, engage, or otherwise control strategic sectors in Africa, such as mining and other forms of natural resource extraction and exploitation, military basing and other security cooperation agreements, and information and communications technology. (B) A detailed account of United States foreign assistance and other initiatives developed and implemented during the preceding 3 fiscal years to address Russia's malign influence and activities in Africa, including the objectives and details of planned programs and initiatives set out in the strategy required by subsection (a). (C) An analysis of policy and programmatic limitations, gaps, and resource requirements to effectively counter Russia's malign influence and activities in Africa. (D) An overview of other initiatives and assistance programs funded by other international donors and partner countries to counter Russia's malign influence and activities in Africa. (E) An identification of African governments and government officials, Russian government officials, and other individuals and entities that have facilitated payments and other prohibited activities that benefit United States-sanctioned individuals and entities tied to Russia, including in violation of the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114-328; 22 U.S.C. 2656 note), the Countering America's Adversaries Through Sanctions Act (Public Law 115-44; 22 U.S.C. 9401 et seq.), Executive Order 14024 (86 Fed. Reg. 20249; relating to blocking property with respect to specified harmful foreign activities of the Government of the Russian Federation), and Executive Order 13848 (83 Fed. Reg. 46843; relating to imposing certain sanctions in the event of foreign interference in a United States election), and a detailed overview of United States efforts to hold such governments, officials, and other individuals and entities complicit in violating or facilitating the evasion of United States sanctions against Russia and its proxies accountable through sanctions or other restrictions. (F) An identification of foreign companies and persons that have provided transportation, logistical, administrative, border crossing, or money transfer services to Russian mercenaries or armed forces operating on behalf of the Russian Government in Libya, and an analysis of whether such entities meet the criteria for imposition of sanctions under section 1(a) of Executive Order 13726 (81 Fed. Reg. 23559; relating to blocking property and suspending entry into the United States of persons contributing to the situation in Libya). (3) Form.--The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. SEC. 4. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. In this Act, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on Foreign Relations of the Senate. Passed the House of Representatives April 27, 2022. Attest: CHERYL L. JOHNSON, Clerk.

Countering Malign Russian Activities in Africa Act

To direct the Secretary of State to develop and submit to Congress a strategy and implementation plan outlining United States efforts to counter the malign influence and activities of the Russian Federation and its proxies in Africa, and for other purposes.

Countering Malign Russian Activities in Africa Act Countering Malign Russian Activities in Africa Act

Rep. Meeks, Gregory W.

D

NY

H.R.3913

Housing and Community Development

Renter Protection Act of 2021 This bill limits the use and availability of assistance provided under certain emergency rental assistance programs created in response to the COVID-19 pandemic. For example, rental assistance not yet used by grantees to assist eligible households as of July 1, 2021, must only be used for rental arrears after this date, and not for rent, utilities and home energy costs and arrears, or other expenses as allowed under current law. Further, the bill changes the deadline for distribution of these funds from September 30, 2022, to December 31, 2021.

To provide for expedited payment of emergency rental assistance funds, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Renter Protection Act of 2021''. SEC. 2. EMERGENCY RENTAL ASSISTANCE. (a) ARPA Funds.--Notwithstanding any inconsistent provision of section 3201 of the American Rescue Plan Act of 2021 (15 U.S.C. 9058c(a)(1)), amounts made available under subsection (a)(1) of such section shall be subject to the following requirements: (1) Payment.--Any amounts allocated to an eligible grantee that, as of July 1, 2021, have not been paid to the eligible grantee shall be paid (but not reallocated) to the eligible grantee in accordance with section 501(b) of subtitle A of title V of division N of the Consolidated Appropriations Act, 2021 (15 U.S.C. 9058a(b)), except that such section 501(b)(1)(A)(i) shall be applied to such amounts by substituting ``the Renter Protection Act of 2021'' for ``this section''. (2) Use for rental arrears; treatment.--Any amounts described in paragraph (1) and any amounts that have been paid to an eligible grantee under such section 3201 but have not been used, as of July 1, 2021, to assist an eligible household, shall be-- (A) used only to provide financial assistance specified in paragraph (6) of section 501(c) of subtitle A of title V of division N of the Consolidated Appropriations Act, 2021 (15 U.S.C. 9058a(c)(6)), as added by subsection (b) of this section; and (B) treated as having been paid to such eligible grantee pursuant to such section 501(a) and shall be subject to the provisions of such section 501, as amended by this section, except to the extent inconsistent with this section. (b) Requirement To Use Consolidated Appropriations Act Funds for Rental Arrears.--Subsection (c) of section 501 of subtitle A of title V of division N of the Consolidated Appropriations Act, 2021 (15 U.S.C. 9058a(c)), is amended by adding at the end the following new paragraph: ``(6) Requirement to use assistance for rental arrears.-- Notwithstanding any other provision of this subsection, effective July 1, 2021, any funds paid to an eligible grantee pursuant to subsection (a) that have not been used to assist an eligible household shall be used only to provide financial assistance to eligible households solely for the payment of rent arrears under paragraph (2)(A)(ii) of this subsection.''. (c) Availability of Funds.--Paragraph (1) of section 501(e) of subtitle A of title V of division N of the Consolidated Appropriations Act, 2021 (15 U.S.C. 9058a(e)(1)), is amended by striking ``September 30, 2022'' and inserting ``December 31, 2021''. <all>

Renter Protection Act of 2021

To provide for expedited payment of emergency rental assistance funds, and for other purposes.

Renter Protection Act of 2021

Rep. McHenry, Patrick T.

R

NC

S.1565

Education

Supporting STEM Learning Opportunities Act This bill establishes a grant program to promote hands-on learning opportunities in science, technology, engineering, and mathematics (STEM) education for prekindergarten, elementary, and secondary school students. Specifically, the National Science Foundation must provide grants to eligible nonprofit programs to (1) support hands-on learning opportunities in STEM education, including through after-school activities and innovative learning opportunities (e.g., robotics competitions); and (2) evaluate the impact of these programs on STEM learning and disseminate the evaluation results.

To provide for hands-on learning opportunities in STEM 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 ``Supporting STEM Learning Opportunities Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Developing a robust, talented, and homegrown workforce, particularly in the fields of STEM, is critical to the success of the United States innovation economy. (2) The United States educational system is not producing a sufficient number of workers with the necessary STEM expertise to meet the needs of the United States industry in STEM fields. (3) Hands-on and experiential learning opportunities outside of the classroom are critical for student success in STEM subjects and careers, stimulating students' interest, increasing confidence, and creating motivation to pursue a related career. (4) Hands-on and experiential learning opportunities can be particularly successful in inspiring interest in students who traditionally have been underrepresented in STEM fields, including girls, students of color, and students from disadvantaged backgrounds. (5) An expansion of hands-on and experiential learning programs across the United States would expand the STEM workforce pipeline, developing and training students for careers in STEM fields. SEC. 3. HANDS-ON LEARNING OPPORTUNITIES IN STEM EDUCATION. (a) Definitions.--In this section: (1) ESEA terms.--The terms ``elementary school'', ``high school'', ``secondary school'', and ``State'' have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Eligible nonprofit program.--The term ``eligible nonprofit program''-- (A) means a nonprofit program serving prekindergarten, elementary school, or secondary school students; and (B) includes a program described in subparagraph (A) that covers the continuum of education from prekindergarten through high school and is available in every State. (3) Director.--The term ``Director'' means the Director of the National Science Foundation. (4) STEM.--The term ``STEM'' means science, technology, engineering, and mathematics. (b) Purposes.--The purposes of this section are to-- (1) provide effective, compelling, and engaging means for teaching and reinforcing fundamental STEM concepts and inspiring the youth of the United States to pursue careers in STEM-related fields; (2) expand the STEM workforce pipeline by developing and training students for careers in United States STEM fields; and (3) broaden participation in the STEM workforce by underrepresented population groups. (c) Program Authorized.-- (1) In general.--The Director shall, subject to the availability of appropriations for such purposes, provide grants to eligible nonprofit programs for supporting hands-on learning opportunities in STEM education, including via after- school activities and innovative learning opportunities such as robotics competitions and for the purposes of evaluating the impact of such programs on STEM learning and disseminating the results of such evaluations. (2) Priority.--In awarding grants under the program, the Director shall give priority to eligible nonprofit programs serving students that attend elementary schools or secondary schools (including high schools) that-- (A) are implementing comprehensive support and improvement activities or targeted support and improvement activities under paragraph (1) or (2) of section 1111(d) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(d)); or (B) serve high percentages of students who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) (which, in the case of a high school, may be calculated using comparable data from the schools that feed into the high school). (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2022 through 2026. <all>

Supporting STEM Learning Opportunities Act

A bill to provide for hands-on learning opportunities in STEM education.

Supporting STEM Learning Opportunities Act

Sen. Shaheen, Jeanne

D

NH

S.1185

Labor and Employment

Family Medical Leave Modernization Act This bill expands who is permitted to take qualifying family and medical leave and provides additional leave for parents and family caregivers. The bill grants leave to private sector and federal employees to care for a domestic partner and any individual whose close association with such employees is like a family relationship, regardless of biological or legal relationship, if (1) such individual has a serious health condition, or (2) there is a qualifying exigency due to such employees' active duty in the Armed Forces. The bill entitles an employee who is a domestic partner, next of kin of a member of the Armed Forces, or any individual whose close association is like a family relationship, regardless of biological or legal relationship, to take leave to care for the service member. The bill entitles private sector and federal employees to take additional leave to participate in or attend their children's and grandchildren's school or community organization activities, meet routine family medical care needs, or care for their elderly relatives.

To amend the Family and Medical Leave Act of 1993 and title 5, United States Code, to permit leave to care for a domestic partner, parent-in- law, or adult child, or another related individual, who has a serious health condition, and to allow employees to take, as additional leave, parental involvement and family wellness leave to participate in or attend their children's and grandchildren's educational and extracurricular activities or meet family care needs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Medical Leave Modernization Act''. SEC. 2. LEAVE TO CARE FOR A DOMESTIC PARTNER, SON-IN-LAW, DAUGHTER-IN- LAW, PARENT-IN-LAW, ADULT CHILD, GRANDPARENT, GRANDCHILD, OR SIBLING OF THE EMPLOYEE, OR ANOTHER RELATED INDIVIDUAL. (a) Definitions.-- (1) Inclusion of related individuals.--Section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is amended by adding at the end the following: ``(20) Any other individual related by blood whose close association is the equivalent of a family relationship.--The term `any other individual related by blood whose close association is the equivalent of a family relationship', used with respect to an employee, means any person with whom the employee has a significant personal bond that is or is like a family relationship, regardless of biological or legal relationship. ``(21) Domestic partner.--The term `domestic partner', used with respect to an employee, means-- ``(A) the person recognized as the domestic partner of the employee under any domestic partnership or civil union law of a State or political subdivision of a State; or ``(B) in the case of an unmarried employee, an unmarried adult person who is in a committed, personal relationship with the employee, is not a domestic partner as described in subparagraph (A) to or in such a relationship with any other person, and who is designated to the employer by such employee as that employee's domestic partner. ``(22) Grandchild.--The term `grandchild' means the son or daughter of an employee's son or daughter. ``(23) Grandparent.--The term `grandparent' means a parent of a parent of an employee. ``(24) Nephew; niece.--The terms `nephew' and `niece', used with respect to an employee, mean a son or daughter of the employee's sibling. ``(25) Parent-in-law.-- The term `parent-in-law' means a parent of the spouse or domestic partner of an employee. ``(26) Sibling.--The term `sibling' means any person who is a son or daughter of an employee's parent (other than the employee). ``(27) Son-in-law; daughter-in-law.--The terms `son-in-law' and `daughter-in-law', used with respect to an employee, mean any person who is a spouse or domestic partner of a son or daughter, as the case may be, of the employee. ``(28) Uncle; aunt.--The terms `uncle' and `aunt', used with respect to an employee, mean the son or daughter, as the case may be, of the employee's grandparent (other than the employee's parent).''. (2) Inclusion of adult children and children of a domestic partner.--Section 101(12) of such Act (29 U.S.C. 2611(12)) is amended-- (A) by inserting ``a child of an individual's domestic partner,'' after ``a legal ward,''; and (B) by striking ``who is--'' and all that follows and inserting ``and includes an adult child.''. (b) Leave Requirement.--Section 102 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) in subparagraph (C), by striking ``spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent'' and inserting ``spouse or domestic partner, or a son or daughter, son-in-law, daughter-in-law, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece of the employee, or any other individual related by blood whose close association is the equivalent of a family relationship with the employee, if such spouse, domestic partner, son or daughter, son-in-law, daughter-in-law, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece, or such other individual''; and (ii) in subparagraph (E), by striking ``spouse, or a son, daughter, or parent of the employee'' and inserting ``spouse or domestic partner, or a son or daughter, son-in-law, daughter-in-law, parent, parent-in-law, grandchild, sibling, uncle or aunt, or nephew or niece of the employee, or any other individual related by blood whose close association is the equivalent of a family relationship with the employee''; and (B) in paragraph (3), by striking ``spouse, son, daughter, parent, or next of kin of a covered servicemember'' and inserting ``spouse or domestic partner, son or daughter, son-in-law, daughter-in-law, parent, parent-in-law, grandparent, sibling, uncle or aunt, nephew or niece, or next of kin of a covered servicemember, or any other individual related by blood whose close association is the equivalent of a family relationship with the covered servicemember''; (2) in subsection (e)-- (A) in paragraph (2)(A), by striking ``son, daughter, spouse, parent, or covered servicemember of the employee, as appropriate'' and inserting ``son or daughter, son-in-law, daughter-in-law, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, nephew or niece, or covered servicemember of the employee, or any other individual related by blood whose close association is the equivalent of a family relationship with the employee, as appropriate''; and (B) in paragraph (3), by striking ``spouse, or a son, daughter, or parent, of the employee'' and inserting ``spouse or domestic partner, or a son or daughter, son-in-law, daughter-in-law, parent, parent- in-law, grandchild, sibling, uncle or aunt, or nephew or niece of the employee, or any other individual related by blood whose close association is the equivalent of a family relationship with the employee, as appropriate,''; and (3) in subsection (f)-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by inserting ``, or domestic partners,'' after ``husband and wife''; and (ii) in subparagraph (B), by inserting ``or parent-in-law'' after ``parent''; and (B) in paragraph (2), by inserting ``, or those domestic partners,'' after ``husband and wife'' each place it appears. (c) Certification.--Section 103 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2613) is amended-- (1) in subsection (a), by striking ``son, daughter, spouse, or parent of the employee, or of the next of kin of an individual in the case of leave taken under such paragraph (3), as appropriate'' and inserting ``son or daughter, son-in-law, daughter-in-law, spouse or domestic partner, parent, parent-in- law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece of the employee, or the next of kin of an individual, or any other individual related by blood whose close association is the equivalent of a family relationship with the employee, as appropriate''; and (2) in subsection (b)-- (A) in paragraph (4)(A), by striking ``son, daughter, spouse, or parent and an estimate of the amount of time that such employee is needed to care for the son, daughter, spouse, or parent'' and inserting ``son or daughter, son-in-law, daughter-in-law, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece of the employee, or any other individual related by blood whose close association is the equivalent of a family relationship with the employee, as appropriate, and an estimate of the amount of time that such employee is needed to care for such son or daughter, son-in-law, daughter-in-law, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece, or such other individual''; and (B) in paragraph (7), by striking ``son, daughter, parent, or spouse who has a serious health condition, or will assist in their recovery,'' and inserting ``son or daughter, son-in-law, daughter-in-law, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece, with a serious health condition, of the employee, or an individual, with a serious health condition, who is any other individual related by blood whose close association is the equivalent of a family relationship with the employee, as appropriate, or will assist in the recovery,''. (d) Employment and Benefits Protection.--Section 104(c)(3) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2614(c)(3)) is amended-- (1) in subparagraph (A)(i), by striking ``son, daughter, spouse, or parent of the employee, as appropriate,'' and inserting ``son or daughter, son-in-law, daughter-in-law, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece of the employee, or any other individual related by blood whose close association is the equivalent of a family relationship with the employee, as appropriate,''; and (2) in subparagraph (C)(ii), by striking ``son, daughter, spouse, or parent'' and inserting ``employee's son or daughter, son-in-law, daughter-in-law, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece, or (with relation to the employee) any other individual related by blood whose close association is the equivalent of a family relationship, as appropriate,''. SEC. 3. LEAVE TO CARE FOR A DOMESTIC PARTNER, SON-IN-LAW, DAUGHTER-IN- LAW, PARENT-IN-LAW, ADULT CHILD, GRANDPARENT, GRANDCHILD, OR SIBLING OF THE EMPLOYEE, OR ANOTHER RELATED INDIVIDUAL FOR FEDERAL EMPLOYEES. (a) Definitions.-- (1) Inclusion of a domestic partner, son-in-law, daughter- in-law, parent-in-law, adult child, grandparent, grandchild, or sibling of the employee, or another individual related by blood.--Section 6381 of title 5, United States Code, is amended-- (A) in paragraph (11) by striking ``; and'' and inserting a semicolon; (B) in paragraph (12), by striking the period and inserting a semicolon; and (C) by adding at the end the following: ``(13) the term `any other individual related by blood whose close association is the equivalent of a family relationship', used with respect to an employee, means any person with whom the employee has a significant personal bond that is or is like a family relationship, regardless of biological or legal relationship; ``(14) the term `domestic partner', used with respect to an employee, means-- ``(A) the person recognized as the domestic partner of the employee under any domestic partnership or civil union law of a State or political subdivision of a State; or ``(B) in the case of an unmarried employee, an unmarried adult person who is in a committed, personal relationship with the employee, is not a domestic partner as described in subparagraph (A) or in such a relationship with any other person, and who is designated to the employing agency by such employee as that employee's domestic partner; ``(15) the term `grandchild' means the son or daughter of an employee's son or daughter; ``(16) the term `grandparent' means a parent of a parent of an employee; ``(17) the terms `nephew' and `niece', used with respect to an employee, mean a son or daughter of the employee's sibling; ``(18) the term `parent-in-law' means a parent of the spouse or domestic partner of an employee; ``(19) the term `sibling' means any person who is a son or daughter of an employee's parent (other than the employee); ``(20) the terms `son-in-law' and `daughter-in-law', used with respect to an employee, mean any person who is a spouse or domestic partner of a son or daughter, as the case may be, of the employee; ``(21) the term `State' has the same meaning given the term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203); and ``(22) the terms `uncle' and `aunt', used with respect to an employee, mean the son or daughter, as the case may be, of the employee's grandparent (other than the employee's parent).''. (2) Inclusion of adult children and children of a domestic partner.--Section 6381(6) of such title is amended-- (A) by inserting ``a child of an individual's domestic partner,'' after ``a legal ward,''; and (B) by striking ``who is--'' and all that follows and inserting ``and includes an adult child''. (b) Leave Requirement.--Section 6382 of title 5, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) in subparagraph (C), by striking ``spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent'' and inserting ``spouse or domestic partner, or a son or daughter, son-in-law, daughter-in-law, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece of the employee, or any other individual related by blood whose close association with the employee is the equivalent of a family relationship, if such spouse, domestic partner, son or daughter, son- in-law, daughter-in-law, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece, or such other individual''; and (ii) in subparagraph (E), by striking ``spouse, or a son, daughter, or parent of the employee'' and inserting ``spouse or domestic partner, or a son or daughter, son-in-law, daughter-in-law, parent, parent-in-law, grandchild, sibling, uncle or aunt, or nephew or niece of the employee, or any other individual related by blood whose close association is the equivalent of a family relationship with the employee''; and (B) in paragraph (3), by striking ``spouse, son, daughter, parent, or next of kin of a covered servicemember'' and inserting ``spouse or domestic partner, son or daughter, son-in-law, daughter-in-law, parent, parent-in-law, grandparent, sibling, uncle or aunt, nephew or niece, or next of kin of a covered servicemember, or any other individual related by blood whose close association is the equivalent of a family relationship with the covered servicemember''; and (2) in subsection (e)-- (A) in paragraph (2)(A), by striking ``son, daughter, spouse, parent, or covered servicemember of the employee, as appropriate'' and inserting ``son or daughter, son-in-law, daughter-in-law, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, nephew or niece, or covered servicemember of the employee, or any other individual related by blood whose close association is the equivalent of a family relationship with the employee, as appropriate''; and (B) in paragraph (3), by striking ``spouse, or a son, daughter, or parent, of the employee'' and inserting ``spouse or domestic partner, or a son or daughter, son-in-law, daughter-in-law, parent, parent- in-law, grandchild, sibling, uncle or aunt, or nephew or niece of the employee, or any other individual related by blood whose close association is the equivalent of a family relationship with the employee, as appropriate,''. (c) Certification.--Section 6383 of title 5, United States Code, is amended-- (1) in subsection (a), by striking ``son, daughter, spouse, or parent of the employee, as appropriate'' and inserting ``son or daughter, son-in-law, daughter-in-law, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece of the employee, or any other individual related by blood whose close association is the equivalent of a family relationship with the employee, as appropriate''; and (2) in subsection (b)(4)(A), by striking ``son, daughter, spouse, or parent, and an estimate of the amount of time that such employee is needed to care for such son, daughter, spouse, or parent'' and inserting ``son or daughter, son-in-law, daughter-in-law, spouse or domestic partner, parent, parent-in- law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece of the employee, or any other individual related by blood whose close association is the equivalent of a family relationship with the employee, as appropriate, and an estimate of the amount of time that such employee is needed to care for such son or daughter, son-in-law, daughter-in-law, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece, or such other individual''. SEC. 4. ENTITLEMENT TO ADDITIONAL LEAVE UNDER THE FMLA FOR PARENTAL INVOLVEMENT AND FAMILY WELLNESS. (a) Leave Requirement.--Section 102(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)), as amended by section 2(b), is further amended-- (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following new paragraph: ``(5) Entitlement to additional leave for parental involvement and family wellness.-- ``(A) In general.--Subject to subparagraph (B) and section 103(g), an eligible employee shall be entitled to leave under this paragraph to-- ``(i) participate in or attend an activity that is sponsored by a school or community organization and relates to a program of the school or organization that is attended by a son or daughter or a grandchild of the employee; or ``(ii) meet routine family medical care needs (including by attending medical and dental appointments of the employee or a son or daughter, spouse, or grandchild of the employee) or attend to the care needs of an elderly individual who is related to the employee through a relationship described in section 102(a) (including by making visits to nursing homes or group homes). ``(B) Limitations.-- ``(i) In general.--An eligible employee shall be entitled to-- ``(I) not to exceed 4 hours of leave under this paragraph during any 30-day period; and ``(II) not to exceed 24 hours of leave under this paragraph during any 12-month period described in paragraph (4). ``(ii) Coordination rule.--Leave under this paragraph shall be in addition to any leave provided under any other paragraph of this subsection. ``(C) Definitions.--As used in this paragraph: ``(i) Community organization.--The term `community organization' means a private nonprofit organization that is representative of a community or a significant segment of a community and provides activities for individuals described in section 101(12), such as a scouting or sports organization. ``(ii) School.--The term `school' means an elementary school or secondary school (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), a Head Start program assisted under the Head Start Act (42 U.S.C. 9831 et seq.), and a child care facility licensed under State law.''. (b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended by inserting after the third sentence the following new sentence: ``Subject to subsection (e)(4) and section 103(g), leave under subsection (a)(5) may be taken intermittently or on a reduced leave schedule.''. (c) Substitution of Paid Leave.--Section 102(d)(2) of such Act (29 U.S.C. 2612(d)(2)) is amended by adding at the end the following new subparagraph: ``(C) Parental involvement leave and family wellness leave.-- ``(i) Vacation leave; personal leave; family leave.--An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, or family leave of the employee for any part of the period of leave under subsection (a)(5). ``(ii) Medical or sick leave.--An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid medical or sick leave of the employee for any part of the period of leave provided under clause (ii) of subsection (a)(5)(A), except that nothing in this title shall require an employer to provide paid sick leave or paid medical leave in any situation in which such employer would not normally provide any such paid leave. ``(iii) Prohibition on restrictions and limitations.--If the employee elects or the employer requires the substitution of accrued paid leave for leave under subsection (a)(5), the employer shall not restrict or limit the leave that may be substituted or impose any additional terms and conditions on the substitution of such leave that are more stringent for the employee than the terms and conditions set forth in this Act.''. (d) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)), as amended by section 2(b), is further amended by adding at the end the following new paragraph: ``(4) Notice relating to parental involvement and family wellness leave.--In any case in which an employee requests leave under paragraph (5) of subsection (a), the employee shall-- ``(A) provide the employer with not less than 7 days' notice, or (if such notice is impracticable) such notice as is practicable, before the date the leave is to begin, of the employee's intention to take leave under such paragraph; and ``(B) in the case of leave to be taken under subsection (a)(5)(A)(ii), make a reasonable effort to schedule the activity or care involved so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider involved (if any).''. (e) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following new subsection: ``(g) Certification Related to Parental Involvement and Family Wellness Leave.--An employer may require that a request for leave under section 102(a)(5) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe.''. SEC. 5. ENTITLEMENT OF FEDERAL EMPLOYEES TO LEAVE FOR PARENTAL INVOLVEMENT AND FAMILY WELLNESS. (a) Leave Requirement.--Section 6382(a) of title 5, United States Code, as amended by section 3(b), is further amended by adding at the end the following new paragraph: ``(5)(A) Subject to subparagraph (B) and section 6383(f), an employee shall be entitled to leave under this paragraph to-- ``(i) participate in or attend an activity that is sponsored by a school or community organization and relates to a program of the school or organization that is attended by a son or daughter or a grandchild of the employee; or ``(ii) meet routine family medical care needs (including by attending medical and dental appointments of the employee or a son or daughter, spouse, or grandchild of the employee) or to attend to the care needs of an elderly individual who is related to the employee through a relationship described in section 6382(a) (including by making visits to nursing homes and group homes). ``(B)(i) An employee is entitled to-- ``(I) not to exceed 4 hours of leave under this paragraph during any 30-day period; and ``(II) not to exceed 24 hours of leave under this paragraph during any 12-month period described in paragraph (4). ``(ii) Leave under this paragraph shall be in addition to any leave provided under any other paragraph of this subsection. ``(C) For the purpose of this paragraph-- ``(i) the term `community organization' means a private nonprofit organization that is representative of a community or a significant segment of a community and provides activities for individuals described in section 6381(6), such as a scouting or sports organization; and ``(ii) the term `school' means an elementary school or secondary school (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), a Head Start program assisted under the Head Start Act (42 U.S.C. 9831 et seq.), and a child care facility licensed under State law.''. (b) Schedule.--Section 6382(b)(1) of such title is amended-- (1) by inserting after the third sentence the following new sentence: ``Subject to subsection (e)(4) and section 6383(f), leave under subsection (a)(5) may be taken intermittently or on a reduced leave schedule.''; and (2) in the last sentence, by striking ``involved,'' and inserting ``involved (or, in the case of leave under subsection (a)(5), for purposes of the 30-day or 12-month period involved),''. (c) Substitution of Paid Leave.--Section 6382(d) of such title is amended by adding at the end the following: ``(3) An employee may elect to substitute for any part of the period of leave under subsection (a)(5), any of the employee's accrued or accumulated annual or sick leave. If the employee elects the substitution of that accrued or accumulated annual or sick leave for leave under subsection (a)(5), the employing agency shall not restrict or limit the leave that may be substituted or impose any additional terms and conditions on the substitution of such leave that are more stringent for the employee than the terms and conditions set forth in this subchapter.''. (d) Notice.--Section 6382(e) of such title, as amended by section 3(b)(2), is further amended by adding at the end the following new paragraph: ``(4) In any case in which an employee requests leave under paragraph (5) of subsection (a), the employee shall-- ``(A) provide the employing agency with not less than 7 days' notice, or (if such notice is impracticable) such notice as is practicable, before the date the leave is to begin, of the employee's intention to take leave under such paragraph; and ``(B) in the case of leave to be taken under subsection (a)(5)(A)(ii), make a reasonable effort to schedule the activity or care involved so as not to disrupt unduly the operations of the employing agency, subject to the approval of the health care provider involved (if any).''. (e) Certification.--Section 6383(f) of such title is amended by striking ``paragraph (1)(E) or (3) of'' and inserting ``paragraph (1)(E), (3) or (5) of''. <all>

Family Medical Leave Modernization Act

A bill to amend the Family and Medical Leave Act of 1993 and title 5, United States Code, to permit leave to care for a domestic partner, parent-in-law, or adult child, or another related individual, who has a serious health condition, and to allow employees to take, as additional leave, parental involvement and family wellness leave to participate in or attend their children's and grandchildren's educational and extracurricular activities or meet family care needs.

Family Medical Leave Modernization Act

Sen. Durbin, Richard J.

D

IL

H.J.Res.38

Social Welfare

This joint resolution nullifies the rule finalized by the Social Security Administration on November 16, 2020, that outlines when its administrative appeals judges may hold hearings and issue decisions on individual cases. Currently, these judges serve an appellate function where they review, at the request of Social Security claimants, the decisions of the administrative law judges who issue decisions in individual cases.

117th CONGRESS 1st Session H. J. RES. 38 Disapproving the rule submitted by the Social Security Administration relating to hearings held by Administrative Appeals Judges of the Appeals Council. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES April 1, 2021 Mr. Larson of Connecticut (for himself and Mr. Danny K. Davis of Illinois) submitted the following joint resolution; which was referred to the Committee on Ways and Means _______________________________________________________________________ JOINT RESOLUTION Disapproving the rule submitted by the Social Security Administration relating to hearings held by Administrative Appeals Judges of the Appeals Council. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves the rule submitted by the Social Security Administration relating to ``Hearings Held by Administrative Appeals Judges of the Appeals Council'' (published at 85 Fed. Reg. 73138 (November 16, 2020)), and such rule shall have no force or effect. <all>

Disapproving the rule submitted by the Social Security Administration relating to hearings held by Administrative Appeals Judges of the Appeals Council.

Disapproving the rule submitted by the Social Security Administration relating to hearings held by Administrative Appeals Judges of the Appeals Council.

Official Titles - House of Representatives Official Title as Introduced Disapproving the rule submitted by the Social Security Administration relating to hearings held by Administrative Appeals Judges of the Appeals Council.

Rep. Larson, John B.

D

CT

H.R.9422

Finance and Financial Sector

Crypto Consumer Investor Protection Act This bill prohibits a cryptocurrency exchange from lending, leveraging, or comingling customer funds without customer consent.

To prohibit lending, leveraging, or co-mingling customer funds by cryptocurrency exchanges without consent of a customer. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Crypto Consumer Investor Protection Act''. SEC. 2. LENDING, LEVERAGING, AND CO-MINGLING PROHIBITED. A cryptocurrency exchange may not lend, leverage, or co-mingle the funds of a customer without the consent of such customer. <all>

Crypto Consumer Investor Protection Act

To prohibit lending, leveraging, or co-mingling customer funds by cryptocurrency exchanges without consent of a customer.

Crypto Consumer Investor Protection Act

Rep. Torres, Ritchie

D

NY

H.R.9179

Emergency Management

Preparedness and Risk Management for Extreme Weather Patterns Assuring Resilience and Effectiveness Act of 2022 or the PREPARE Act of 2022 This bill directs the President to establish the Interagency Council on Extreme Weather Resilience, Preparedness, and Risk Identification and Management, which shall establish government-wide goals and provide recommendations for addressing extreme weather resilience, preparedness, and risk identification and management. Each federal agency shall submit biannually to the Office of Management and Budget and to the council a comprehensive plan that integrates consideration of extreme weather into its operations and overall mission objectives.

To enhance the Federal Government's planning and preparation for extreme weather and the Federal Government's dissemination of best practices to respond to extreme weather, thereby increasing resilience, improving regional coordination, and mitigating the financial risk to the Federal Government from such extreme weather, and for other 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 ``Preparedness and Risk Management for Extreme Weather Patterns Assuring Resilience and Effectiveness Act of 2022'' or the ``PREPARE 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. Interagency Council on Extreme Weather Resilience, Preparedness, and Risk Identification and Management. Sec. 3. Agency planning for extreme weather-related risks. Sec. 4. Website. Sec. 5. Providing adequate resources and support. Sec. 6. Inventory. Sec. 7. Meetings. Sec. 8. Progress updates. Sec. 9. Definitions. Sec. 10. Requirement to include agency extreme weather plan in agency performance plan. SEC. 2. INTERAGENCY COUNCIL ON EXTREME WEATHER RESILIENCE, PREPAREDNESS, AND RISK IDENTIFICATION AND MANAGEMENT. (a) Establishment.-- (1) In general.--The President shall establish an interagency council on extreme weather resilience, preparedness, and risk identification and management. (2) Designation.--Notwithstanding subsection (b) and subsection (c)(1), the President may designate an existing Government entity to carry out the duties described in subsections (f) and (g). (b) Membership.--The Interagency Council shall be composed of the following: (1) Senior officials, to be appointed by the head of the respective agency in consultation with the President, including representation from the following: (A) The Council on Environmental Quality. (B) The Office of Science and Technology Policy. (C) The National Security Council. (D) The Office of Management and Budget. (E) The Department of Transportation. (F) The Environmental Protection Agency. (G) The National Institute of Standards and Technology. (H) The National Oceanic and Atmospheric Administration. (I) The Department of Energy. (J) The Department of Homeland Security. (K) The Federal Emergency Management Agency. (L) The Department of Defense. (M) The National Aeronautics and Space Administration. (N) The Department of Agriculture. (O) The Department of Housing and Urban Development. (P) The Department of Justice. (Q) The Department of the Interior. (R) The Department of Commerce. (S) The National Science Foundation. (T) The United States Geological Survey. (U) The United States Army Corps of Engineers. (V) The General Services Administration. (W) The Department of State. (X) The Department of Health and Human Services. (Y) The Department of Labor. (2) Senior officials, to be appointed by the President, who have relevant policy expertise and policy responsibilities, including in the following areas: (A) Economic policy and risk analysis. (B) Foreign affairs. (C) Defense and intelligence. (D) Homeland security. (E) Energy. (F) Environmental protection. (G) Natural and cultural resources. (H) Coasts, oceans, rivers, wetlands, and floodplains. (I) Agriculture. (J) Health and social services. (K) Transportation and infrastructure. (L) Housing. (M) Education. (N) Extreme weather data analysis or meteorological science. (O) Social science. (P) Strategic and adaptation planning. (Q) Urban and land use planning. (R) Infrastructure systems. (S) Civil rights. (T) Forestry and land management. (U) Acquisition. (V) Environmental justice. (W) Emergency management. (X) Other areas the President determines appropriate. (c) Co-Chairpersons.-- (1) In general.--The Interagency Council shall be co- chaired by the Administrator of the Federal Emergency Management Agency and the Deputy Director of the Office of Management and Budget. The President may appoint one or more additional members as co-chairs, as appropriate. (2) Duties.--The co-chairpersons shall-- (A) oversee the Interagency Council's response to the Government Accountability Office's recommendations under subsection (f)(5); (B) use the evaluation framework and performance metrics developed pursuant to subsection (f)(6) to evaluate agency progress in meeting the goals and implementing the priorities described in subsection (f)(1)(A); and (C) work to ensure that sufficient resources are available for agencies to-- (i) meet the goals and implement the priorities described in subsection (f)(1)(A); and (ii) implement the recommendations developed under subsection (f)(2). (d) Administration.--The co-chairpersons of the Interagency Council (or staff designated by the co-chairpersons) shall provide administrative support and additional resources, as appropriate, to the Interagency Council to the extent permitted by law and within existing appropriations. The Interagency Council co-chairpersons shall determine the amount of funding and personnel necessary for the Interagency Council to carry out its duties and the amount of funding and personnel each agency represented on the Interagency Council should contribute in order for the Interagency Council to carry out such duties. Agencies shall, upon the request of the co-chairpersons of the Interagency Council, make available personnel, administrative support services, and information to the Interagency Council. (e) Structure.-- (1) Steering committee.--The co-chairpersons of the Interagency Council shall designate a subset of members of the Interagency Council to serve on a steering committee based on expertise and established leadership in the field. Such steering committee shall assist the Interagency Council in determining its priorities and its strategic direction. (2) Working groups.--The co-chairpersons of the Interagency Council and its steering committee may establish working groups as needed. (f) Duties of the Interagency Council.-- (1) Goals and priorities.-- (A) In general.--The Interagency Council shall establish governmentwide goals and priorities for addressing extreme weather resilience, preparedness, and risk identification and management, taking into account regional, economic, cultural, and ecological variations, and the disproportionate harm caused by extreme weather on vulnerable and underserved individuals and communities. In establishing such goals and priorities, the Interagency Council shall consider agency extreme weather plans required under section 3(a), agency Climate Adaptation Action Plans, the National Oil and Hazardous Substances Pollution Contingency Plan, agency continuity of operations plans, the National Preparedness Goal, the National Preparedness Report, the National Global Change Research Plan, plans for the development and implementation of the Building Resilient Infrastructure and Communities program, the Mitigation Framework Leadership Group's National Mitigation Investment Strategy, the strategic plan required under the National Windstorm Impact Reduction Reauthorization Act of 2015 (Public Law 114-52), State mitigation plans, State resilience plans, energy assurance plans, coastal zone management plans, watershed plans, other landscape plans, and all relevant findings described in the Government Accountability Office's High-Risk Series. (B) Coordination.--In executing the duties pursuant to this subsection, the Interagency Council shall coordinate with other entities in the Federal Government focused on extreme weather mitigation and recovery (including the Mitigation Framework Leadership Group, the Recovery Support Functions Leaders Group, the Emergency Support Functions Leaders Group, the Interagency Council for Advancing Meteorological Services, the U.S. Global Climate Change Research Program, the National Drought Resilience Partnership, and the National Windstorm Impact Reduction Program), to facilitate communication and collaboration among Federal activities. (C) Incorporation into agency activities.--In carrying out subparagraph (A), the Interagency Council shall, in order to ensure that information relating to extreme weather resilience, preparedness, and risk identification and management is incorporated into everyday agency activities-- (i) work with agencies to assist such agencies in considering the goals and priorities described in subparagraph (A) in agency strategic, programmatic, and budget planning; (ii) identify details to be included in agency extreme weather plans; (iii) work to identify localized extreme weather and natural hazard risk to the extent possible using the best available information regarding risk, and encourage the development of thorough, updated maps, models, and tools to measure and evaluate risk; and (iv) communicate extreme weather and natural hazards resilience, preparedness, mitigation, response, and recovery using techniques founded in social and behavioral science. (2) Priority interagency federal actions.--The Interagency Council shall develop, recommend, coordinate, and track implementation of priority interagency Federal Government actions related to addressing extreme weather resilience, preparedness, and risk identification and management with an emphasis on vulnerable and underserved communities. (3) Support regional, state, tribal, and local actions.-- The Interagency Council shall support regional, State, Tribal, and local action to assess extreme weather-related vulnerabilities, or the degree to which a system is susceptible to, or unable to cope with, adverse effects of extreme weather including climate variability and extremes, public health, and the cost to effectively increase extreme weather resilience, preparedness, and risk identification and management of communities, critical economic sectors, natural and built infrastructure, and natural and cultural resources, including by-- (A) conducting inventories under section 6; (B) convening meetings under section 7; (C) providing guidance to agencies to produce tools and products that enhance extreme weather resilience planning, risk knowledge, and actions for use in all levels of government, particularly for vulnerable and underserved communities, including guidance on cost- effectiveness as it pertains to extreme weather and on how to prioritize funding in order to produce such tools and products; and (D) reviewing State adaptation plans. (4) Meteorological and extreme weather science.--The Interagency Council shall facilitate the integration of meteorological and extreme weather science, in addition to other scientific disciplines such as physical, natural, and social science that the Council determines to be appropriate, in the policies, risk evaluation and communication, and planning of agencies and the private sector, including by-- (A) promoting the development of innovative, actionable, and accessible Federal extreme weather resilience, preparedness, and risk identification and management-related information, data, tools, and examples of successful actions at appropriate scales for decisionmakers; and (B) providing such information, data, tools, and examples to the agency or agencies designated under section 4 to include on the website established and maintained or designated pursuant to such section. (5) High-risk report recommendations.--The Interagency Council shall assess the specific recommendations relating to extreme weather described in the Government Accountability Office's High-Risk Series, identify the feasibility of revising or better coordinating existing Federal programs to implement such recommendations, and develop a plan to address such recommendations when feasible that does not duplicate the National Preparedness Goal. (6) Framework and performance metrics.--The Interagency Council shall appoint an evaluation officer to oversee the use of existing and emerging science to develop or adopt-- (A) a framework for evaluating the progress and success of extreme weather resilience, preparedness, and risk identification and management-related efforts that is complementary to and not duplicative of any local or national indicator system developed as part of the National Preparedness Goal; and (B) performance metrics, including quantitative metrics, that allow tracking of the actions taken and progress made toward meeting the goals and implementing the priorities described in paragraph (1)(A). (7) Recommendations for the ceq, omb, ostp, and department of homeland security.--The Interagency Council shall provide to the Council on Environmental Quality, the Office of Management and Budget, the Office of Science and Technology Policy, and the Department of Homeland Security recommendations on how agencies should-- (A) develop or update agency extreme weather plans; (B) remove barriers to and facilitate State, Tribal, and local actions to address extreme weather resilience, preparedness, and risk identification and management, in agency regulations, guidance, and policies, including any specific considerations for vulnerable communities within those localities; and (C) avoid duplication among Federal activities to the extent practicable. (8) Public input and comment.--The Interagency Council shall solicit and incorporate public input and comment as appropriate into the decisions of the Interagency Council. (9) Inventory and meetings.--The Interagency Council shall conduct inventories under section 6 and convene meetings under section 7. (10) Definition of extreme weather.--The Interagency Council shall consider and may update, not less frequently than every two years, in consultation with appropriate scientific bodies, the definition of ``extreme weather'' and what other weather events (in addition to those described in section 9(3)) qualify as extreme weather for purposes of this Act. The definition of ``extreme weather'' shall be published and updated, as necessary, on the website of the Council and in the Federal Register. (11) Other duties.--The Interagency Council shall carry out any other duties related to the purposes of this Act that the co-chairpersons of the Interagency Council determine appropriate. (12) Public information.--The Interagency Council shall, using social and behavioral science as part of the methodology-- (A) make information available online-- (i) for tracking implementation of agency extreme weather plans and governmentwide goals and priorities described in paragraph (1)(A); (ii) on recommendations relating to extreme weather described in the Government Accountability Office's High-Risk Series; and (iii) on the results of the Council's efforts to identify nationwide and localized risks (including updated mapping efforts); and (B) make such High-Risk Series and the reports submitted under paragraph (13) available as the Council determines appropriate. (13) Annual report.--Not later than one year after the date of the enactment of this Act, and annually thereafter (concurrently with the United States Global Change Research Program Annual Report and the National Preparedness Report), the Interagency Council shall submit to Congress, and make available to the United States Global Change Research Program and the Federal Emergency Management Agency, a report that-- (A) describes how the goals and priorities described in paragraph (1)(A) are being met and implemented using-- (i) the performance metrics developed under paragraph (6)(B); and (ii) information (excluding classified information or information otherwise protected from release by law) on-- (I) agency expenditures, broken down by program activity level if practicable, that are directly related to addressing extreme weather resilience, preparedness, and risk identification and management, including extreme weather resilience, preparedness, and risk identification and management of Federal facilities and, as feasible, infrastructure funded through Federal grants and other programs; and (II) the effectiveness of such expenditures, along with associated financial impacts and community, infrastructure, and environmental benefits, to the extent such data are available; (B) provides recommendations to enhance the effectiveness of such implementation and sets benchmarks to meet; (C) describes the progress of the regional coordination efforts described in sections 6, 7, and 8; and (D) includes a summary of public comments solicited under paragraph (8) and any action the Interagency Council took to respond to such comments. (g) Consultation.--In carrying out paragraphs (2) through (12) of subsection (f), the Interagency Council shall consult with Federal agencies, State, Tribal, and local governments, academic and research institutions, and the private and nonprofit sectors. (h) OMB Guidance.--The Director of the Office of Management and Budget, taking into consideration the recommendations provided by the Interagency Council under subsection (f)(7), shall issue guidance to agencies on-- (1) developing agency extreme weather plans, which shall incorporate existing agency reports, where appropriate, to prevent duplication and reduce overlap; (2) developing agency regulations, guidance, and policies to remove barriers to and facilitate State, Tribal, and local actions to address extreme weather resilience, preparedness, and risk identification and management; and (3) assessing and managing extreme weather-related risks under OMB Circular A-123 ``Management's Responsibility for Enterprise Risk Management and Internal Control''. SEC. 3. AGENCY PLANNING FOR EXTREME WEATHER-RELATED RISKS. (a) Agency Extreme Weather Resilience, Preparedness, and Risk Identification and Management Plans.-- (1) Agency submission.--Not later than 1 year after the date of the enactment of this Act, and every 2 years thereafter, the head of each agency, in coordination with the Administrator of the Federal Emergency Management Agency to avoid duplication with the National Planning Frameworks, shall submit to the Director of the Office of Management and Budget, the appropriations and authorization committees of jurisdiction, and to the Interagency Council a comprehensive plan that integrates consideration of extreme weather into such agency's operations and overall mission objectives (hereinafter referred to as an ``agency extreme weather plan''). Such plan shall exclude any classified information or information otherwise protected from release by law. (2) Hearing.--Not later than 1 year after the date of the enactment of this Act, and every 2 years thereafter, the Director of the Office of Management and Budget shall convene an interagency budget crosscut and policy hearing to review and integrate all the agency extreme weather plans and to ensure that such extreme weather plans and the activities of agencies align with the goals and priorities established under section 2(f)(1)(A). (3) Communication to staff.--Any agency extreme weather plan prepared under this section shall be made available to relevant employees of the agency. (b) Inclusions.--Each agency extreme weather plan shall include-- (1) identification and assessment of extreme weather- related impacts on, and risks to-- (A) the agency's ability to accomplish its missions, operations, and programs over time periods to be designated by the Interagency Council; and (B) State, Tribal, and local entities; (2) identification and assessment of barriers posed and improvements that could be made to Federal programs the agency administers to facilitate State, Tribal, and local actions to address extreme weather resilience, preparedness, and risk identification and management efforts; (3) a description of programs, policies, and plans the agency has already put in place, as well as additional actions the agency will take, to manage extreme weather risks in the near term and build resilience in the short and long term; (4) a description of how the agency will consider the need to improve extreme weather resilience, preparedness, and risk identification and management, including the costs and benefits of such improvement, with respect to agency suppliers, supply chain, real property investments, and capital equipment purchases, including by updating agency policies for leasing, building upgrades, relocation of existing facilities and equipment, and construction of new facilities; (5) a description of how the agency will support any ongoing or future public-private partnership to improve extreme weather resilience, preparedness, and risk identification and management, including the cost and benefits of technology and methodology improvements, hardening, or rapid restoration; (6) a description of how the agency will contribute to coordinated interagency efforts to support extreme weather resilience, preparedness, and risk identification and management at all levels of government, including collaborative work across agencies' regional offices and hubs, and through coordinated development of information, data, and tools, consistent with sections 6, 7, and 8; and (7) any other details identified by the Interagency Council under section 2(f)(1)(C)(ii). SEC. 4. WEBSITE. (a) In General.--The Interagency Council shall designate an agency or agencies to establish and maintain, or designate a website that provides timely, actionable, and accessible information, data, and tools on current and future risks related to extreme weather, preparedness, resilience, and risk identification and management, to support Federal, regional, State, Tribal, local, private sector, and other decisionmakers such as standards developing bodies responsible for establishing building codes and design standards for infrastructure. (b) Interagency Progress.--The website described under subsection (a), shall identify interagency progress, and propose the next interagency steps, towards responding to threats posed by extreme weather. (c) Best Practices.--The website described under subsection (a) shall provide best practices and examples from Federal, regional, State, Tribal, and local decisionmakers in the public and private sectors about how to use extreme weather-related information in planning and decision making. (d) Interagency Council Information and Tools.--The website described under subsection (a) shall include the information, data, tools, and examples provided by the Interagency Council pursuant to section 2(f)(4). (e) Best Available Meteorological Science.--The website described under subsection (a) shall work with the Intergovernmental Council for Advancing Meteorological Services and the United States Global Change Research program to identify best available meteorological and related science regarding extreme weather resilience, preparedness, and risk identification and management. (f) Public Outreach and Education.--The Interagency Council shall designate one or more agencies to conduct outreach and educational activities to inform the public and regional, State, Tribal, and local decisionmakers about the tools and information available on the website described under subsection (a). SEC. 5. PROVIDING ADEQUATE RESOURCES AND SUPPORT. The Director of the Office of Management and Budget shall ensure that each agency provides adequate resources to the Interagency Council, including administrative services and personnel support, as appropriate-- (1) for the website described under section 4; and (2) to otherwise carry out this Act. SEC. 6. INVENTORY. (a) In General.--Not later than 1 year after the date of the enactment of this Act, and every 2 years thereafter, the Interagency Council, or a working group of such Interagency Council established by the co-chairpersons thereof, shall conduct and publish an inventory of all regional offices, centers, and programs of agencies that are assisting with extreme weather resilience, preparedness, and risk identification and management efforts at the State, Tribal, or local level, including-- (1) the National Oceanic and Atmospheric Administration's national and regional centers and programs; (2) the Department of the Interior's Fish and Wildlife Service Landscape Conservation Cooperatives; (3) the United States Geological Survey's Climate Adaptation Science Centers; (4) the Department of Agriculture's Climate Hubs; (5) the regional offices of-- (A) the Environmental Protection Agency; (B) the Federal Emergency Management Agency; (C) the Department of Transportation; and (D) the Forest Service; (6) the division offices of the Army Corps of Engineers; and (7) such other offices, centers, and programs or other agency efforts as determined appropriate by the Interagency Council. (b) Assistance Described.--An inventory conducted and published under subsection (a) shall include a description of the assistance each agency office, center, or program is providing to assist with extreme weather resilience, preparedness, and risk identification and management efforts at the State, Tribal, or local level. SEC. 7. MEETINGS. Not later than 6 months after the publication of each inventory under section 6, the Interagency Council shall convene a meeting of representatives of the offices, centers, and programs included in such inventory and invite other local and regional stakeholders to participate and develop plans to coordinate the efforts of such offices, centers, and programs and facilitate efficient services to stakeholders. At such meetings, such representatives shall-- (1) share information regarding their office, center, or program's extreme weather resilience, preparedness, and risk identification and management efforts; (2) identify opportunities for collaboration and coordination of research agendas, extreme weather assessment activities, vulnerability assessments, data collection and analysis, and planning and implementing extreme weather resilience, preparedness, and risk identification and management projects, including reviewing existing Memorandums of Understanding between agencies; (3) identify extreme weather resilience, preparedness, and risk identification and management information needs, research gaps, and decision support needs that are not met by any of the offices, centers, or programs included in the inventory under section 6 and make available such identification for purposes of information to be submitted to the Interagency Council under section 7; (4) identify common and complementary goals for extreme weather resilience, preparedness, and risk identification and management within each region to be prioritized for the coming year and beyond; (5) identify resources and actions needed to strengthen regional extreme weather resilience, preparedness, and risk identification and management planning and implementation; (6) evaluate progress and jointly develop a strategy for realizing extreme weather resilience, preparedness, and risk identification and management-related goals, including clearly identified responsibilities by each collaborating regional office, center, or program; and (7) share experiences and best practices in stakeholder engagement and communication, decision support, social science, and science-practice interactions that support the realization of identified extreme weather resilience, preparedness, and risk identification and management goals. SEC. 8. PROGRESS UPDATES. Not later than 90 days after each meeting under section 7, each agency that participates in such meeting shall submit to the Interagency Council, and make available to the United States Global Change Research Program, the United States Weather Research Program, and the Federal Emergency Management Agency, information describing progress in regional coordination and collaboration in aligning Federal resilience, preparedness, and risk identification and management efforts at the State, Tribal, and local level, and the benefits of such regional coordination and collaboration. SEC. 9. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' has the meaning given the term ``Executive agency'' under section 105 of title 5, but does not include the Government Accountability Office. (2) Agency extreme weather plan.--The term ``agency extreme weather plan'' means a plan required under section 3(a). (3) Extreme weather.--The term ``extreme weather'' includes observed or anticipated severe atmospheric conditions, including drought, wildfire, heavy precipitation, wave, high water, snowstorm, landslide, mudslide, hurricanes, tornadoes and other windstorms (including derechos), extreme heat, extreme cold, sustained temperatures or precipitation, floods and inundation, including those that deviate from historical averages over decadal timescales without an apparent return to the previous normal state, and any other weather event that the Interagency Council determines qualifies as extreme weather pursuant to section 2(f)(10). (4) Interagency council.--The term ``Interagency Council'' means the Interagency Council on Extreme Weather Resilience, Preparedness, and Risk Identification and Management established under section 2(a). (5) Mitigation plan.--The term ``mitigation plan'' means the mitigation plan required under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165). (6) National global change research plan.--The term ``National Global Change Research Plan'' means the National Global Change Research Plan developed under section 104 of the Global Change Research Act of 1990 (15 U.S.C. 2934), or any revision thereof. (7) National oil and hazardous substances pollution contingency plan.--The term ``National Oil and Hazardous Substances Pollution Contingency Plan'' means the National Oil and Hazardous Substances Pollution Contingency Plan described under part 300 of title 40, Code of Federal Regulations, or any revision thereof. (8) National preparedness goal.--The term ``National Preparedness Goal'' means the national preparedness goal developed under section 643 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 743). (9) National preparedness report.--The term ``National Preparedness Report'' means the report required by section 652(a) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 752(a)). (10) Preparedness.--The term ``preparedness'' means actions taken to plan, organize, equip, train, and exercise to build, apply, and sustain the capabilities necessary to prevent, protect against, ameliorate the effects of, respond to, and recover from extreme weather related damages to life, health, property, livelihoods, ecosystems, and national security. (11) Resilience.--The term ``resilience'' means an ability to prepare for anticipated hazards, adapt to changing conditions, and withstand and recover rapidly from disruptions. (12) Risk.--The term ``risk'' means a combination of the magnitude of the potential consequences of extreme weather impacts and the likelihood that the consequences will occur. (13) Senior official.--The term ``senior official'' means a Deputy Secretary (or an equivalent officer) of an agency. (14) State.--The term ``State'' means each of the several States, the District of Columbia, each commonwealth, territory, or possession of the United States. (15) United states global change research program.--The term ``United States Global Change Research Program'' means the United States Global Change Research Program established under section 103 of the Global Change Research Act of 1990 (15 U.S.C. 2933). (16) United states global change research program annual report.--The term ``United States Global Change Research Program Annual Report'' means the report required by section 102(e)(7) of the Global Change Research Act of 1990 (15 U.S.C. 2932(e)(7)). SEC. 10. REQUIREMENT TO INCLUDE AGENCY EXTREME WEATHER PLAN IN AGENCY PERFORMANCE PLAN. A description of the most recent agency extreme weather plan, as required under section 3, shall be included in the performance plan of an agency (as defined in section 9) required pursuant to section 1115(b) of title 31, United States Code. <all>

PREPARE Act of 2022

To enhance the Federal Government's planning and preparation for extreme weather and the Federal Government's dissemination of best practices to respond to extreme weather, thereby increasing resilience, improving regional coordination, and mitigating the financial risk to the Federal Government from such extreme weather, and for other purposes.

PREPARE Act of 2022 Preparedness and Risk Management for Extreme Weather Patterns Assuring Resilience and Effectiveness Act of 2022

Rep. Cartwright, Matt

D

PA

H.R.1803

Health

Youth Mental Health and Suicide Prevention Act of 2021 This bill authorizes the award of matching grants to enhance services in secondary schools for students with mental and behavioral health issues that can lead to failure in school, such as depression and substance abuse. The Substance Abuse and Mental Health Services Administration may award these grants on a competitive basis to state or local educational agencies that serve at least one secondary school.

To authorize the Secretary of Health and Human Services to establish a grant program to promote comprehensive mental health and suicide prevention efforts in high schools, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Youth Mental Health and Suicide Prevention Act of 2021''. SEC. 2. COORDINATED PROMOTION OF HIGH SCHOOL COMPREHENSIVE MENTAL HEALTH AND SUICIDE PREVENTION PLANS. (a) In General.--The Secretary, acting through the Director of the Center for Mental Health Services of the Substance Abuse and Mental Health Services Administration, may carry out a program to award grants, on a competitive basis, to eligible entities to enhance services for high school students with mental health and behavioral health issues that can lead to school failure, including depression, substance abuse, and suicide attempts. (b) Application.--To be eligible for a grant under this section, an eligible entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines appropriate, including, at a minimum-- (1) a description of identified mental health and behavioral health needs of high school students served by such eligible entity; (2) a description of existing Federal, State, local, private, and institutional resources available to address the needs described in paragraph (1); (3) a description of the outreach strategies of such eligible entity to promote access to services, including a proposed plan for mental health equity and assisting students most in need of mental health services; (4) a description of how such eligible entity will involve, as appropriate, students and peer representatives in the planning, implementation, and evaluation processes; (5) a description of how such eligible entity will support other students and the school community if a student dies by suicide; (6) a plan to-- (A) implement the activities described in subsection (c); and (B) evaluate the outcomes of such activities; and (7) an assurance that such eligible entity will submit to the Secretary, for each fiscal year in which grant funds are used, a report with respect to-- (A) the activities carried out under subsection (c); and (B) the outcomes of such activities. (c) Grant Uses.--A grant awarded under this section may only be used, with respect to high school students served by an eligible entity, for-- (1) evaluating existing program activities and prevention strategies; (2) educational seminars; (3) educational awareness campaign materials for students, families of students, and school staff to increase the awareness of potential mental and behavioral health issues of students; (4) peer-to-peer program support; (5) programs that assist schools in adopting a public health approach to mental health; (6) social media applications used for mental and behavioral health purposes, such as suicide risk and mental health screenings; (7) providing mental health services for students through telehealth; (8) training programs for students and high school teachers, school leaders, and other school personnel to learn to respond effectively to students with mental health and behavioral health issues that can lead to school failure, including depression, anxiety, substance abuse, and suicide attempts; and (9) the creation of an infrastructure to facilitate communication between high schools served by a local educational agency or State educational agency that does not have mental health services, including health care providers who can treat mental health and behavioral health issues. (d) Matching Requirement.-- (1) In general.--An eligible entity receiving a grant under this section shall provide non-Federal matching funds (including funds from donations from public or private entities) equal to the amount of the grant. (2) Determination of amount contributed.-- (A) In-kind support.--Non-Federal matching funds described in paragraph (1) may include cash or in-kind support. (B) Federal support.--Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government may not be included when determining the amount of non- Federal matching funds provided. (3) Waiver.--The Secretary may waive the matching funds requirement of paragraph (1) with respect to a grant made to an eligible entity under this section if the Secretary determines that such eligible entity has demonstrated extraordinary need for such a waiver. (e) Study and Report.-- (1) Study.--For each fiscal year during which grants are awarded under this section, the Secretary shall conduct a study on the results of the grant program. (2) Report.--For each study conducted under paragraph (1), the Secretary shall submit to Congress a report on the results of such study, including-- (A) an evaluation of the outcomes of the grant program, including a summary of activities carried out by eligible entities and the results of such activities; and (B) recommendations with respect to improving access to mental health and behavioral heath services at high schools, including efforts to reduce the occurrence of suicide and substance abuse. (f) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means a local educational agency or State educational agency that serves at least one secondary school. (2) ESEA terms.--The terms ``high school'', ``local educational agency'', ``secondary school'', and ``State educational agency'' have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, in consultation with the Secretary of Education and the heads of other appropriate agencies. <all>

Youth Mental Health and Suicide Prevention Act of 2021

To authorize the Secretary of Health and Human Services to establish a grant program to promote comprehensive mental health and suicide prevention efforts in high schools, and for other purposes.

Youth Mental Health and Suicide Prevention Act of 2021

Rep. Cárdenas, Tony

D

CA

H.R.9075

International Affairs

Support for Iranian Political Prisoners Act This bill authorizes the Department of State to continue providing assistance to civil society organizations in Iran that support arbitrarily detained individuals. The bill calls on Iran to immediately end human rights violations of political prisoners and persons imprisoned for exercising freedom of speech. The bill also calls on Iran to allow the United Nations special rapporteur on human rights unimpeded access to investigate alleged abuses.

To call on the Islamic Republic of Iran to immediately end violations of the human rights, and facilitate the unconditional, immediate release, of all arbitrarily detained individuals, including peaceful protesters, political prisoners, and prisoners of conscience, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Support for Iranian Political Prisoners Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Article 3 of the Universal Declaration of Human Rights guarantees the right to life, liberty, and security of person. Article 9 of such Declaration prohibits arbitrary arrests or detentions and Article 18 of such Declaration guarantees the right to freedom of thought, conscience, and religion. (2) As a member state of the United Nations and other international institutions, the Islamic Republic of Iran is bound by international commitments concerning human rights and the rule of law. Nevertheless, the Islamic Republic of Iran has systematically and consistently curtailed the ability of Iranian citizens to exercise fundamental freedoms without fear of retribution. (3) On September 13, 2022, 22-year-old Masha Amini was detained by the Islamic Republic of Iran's Morality Police, for allegedly having visible hair under her headscarf. (4) On September 19, 2022, in response to her death, protesters took to the streets across Iran. The Iranian Government sought to put down these protests with violence, which has resulted in the deaths of at least 48 people, including 20-year-old Hadis Najafi, who was shot multiple times by security forces according to eyewitnesses, and the arrests of hundreds more. (5) On October 6, 2021, the United Nations Office of the High Commissioner for Human Rights released a statement expressing grave concern regarding the consistent practice of the Islamic Republic of Iran to deny medical treatment to detainees, including political prisoners. Denials of medical treatment worsened during the year 2021 due to the spread of COVID-19 throughout prisons. The statement also called for the unconditional release of human rights defenders, attorneys, political prisoners, peaceful protesters, and all other persons deprived of liberty for expressing views or otherwise exercising rights in the Islamic Republic of Iran. (6) On December 16, 2021, the General Assembly of the United Nations adopted Resolution 76/178, criticizing the practices of the Islamic Republic of Iran and calling on the Islamic Republic of Iran to implement significant reforms, including-- (A) ensuring that no person is subject to torture or other cruel, inhuman, or degrading treatment; (B) ceasing the widespread and systematic use of arbitrary arrests and detentions; (C) releasing persons detained for exercising the human rights and fundamental freedoms; and (D) improving the conditions of prisons. (7) According to the 2021 Country Reports on Human Rights Practices issued by the Department of State, the Islamic Republic of Iran took few steps during the year 2021 to identify, investigate, prosecute, or punish persons at all levels of the Iranian Government and the Iranian security forces. Such reports include credible accounts that the Islamic Republic of Iran or agents of the Islamic Republic of Iran, have been implicated in-- (A) unlawful or arbitrary killings; (B) forced disappearances; (C) torture or cruel, inhuman, or degrading treatment; (D) arbitrary arrest or detention; (E) harsh or life-threatening prison conditions; (F) lack of judiciary independence, particularly regarding the revolutionary courts; (G) severe restrictions on free expression and media, including censorship, criminalization of libel and slander, and violence, threats of violence, unjustified arrests, and prosecutions against journalists; and (H) serious restrictions on and harassment of domestic or international human rights organizations. (8) The 2021 Country Reports on Human Rights Practices further reported that political prisoners in the Islamic Republic of Iran were at greater risk of torture and abuse in detention and were often mixed with the general prison population. Former prisoners in the Islamic Republic of Iran reported that government authorities often threatened political prisoners with transfer to criminal wards, where attacks by fellow prisoners were more likely. Human rights activists and international media organizations reported cases of political prisoners confined with persons accused of and convicted of violent crime. The Islamic Republic of Iran also often exiled political prisoners to prisons in remote provinces far from the families of such prisoners as a means of reprisal, denied such prisoners a right to correspondence and access to legal counsel, and held such prisoners in solitary confinement for long periods. (9) According to the organization Iran Human Rights, in October of 2021, political prisoners Shapour Ehsanirad, Pouya Ghobadi, Esmail Gerami, Akbar Bagheri, and Akbar Shirazi were seriously injured after being attacked by prisoners accused of or convicted of violent crime. (10) According to the United Nations Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, the Ministry of Intelligence of the Islamic Republic of Iran and the Intelligence Organization of the Islamic Revolutionary Guard Corps control secret detention centers with ``deplorable'' conditions. Such centers often house, for extended pretrial detentions, political prisoners and other persons arbitrarily arrested on national security charges. For example, Ali Younesi and Amirhossein Moradi have been arbitrarily detained in section 209 of Evin Prison since such persons were arrested in April of 2020. Evin Prison, a notorious facility located in Tehran, is under the control of the Ministry of Intelligence of the Islamic Republic of Iran and is a primary prison for political detainees. (11) Attorneys who defend political prisoners detained by the Islamic Republic of Iran are regularly arrested, detained, and subjected to excessive punishments for engaging in regular professional activities. The Islamic Republic of Iran also continues to imprison attorneys and others affiliated with the advocacy group Defenders of Human Rights Center. According to the Center for Human Rights in Iran, not less than 5 human rights attorneys--Soheila Hejab, Payam Derafshan, Mohammad Nafari, Amirsalar Davoudi, and Nasrin Sotoudeh--were in prison during the year 2021 for performing human rights work. (12) With limited options for recourse, political prisoners regularly participate in hunger strikes to raise awareness about prison conditions and the plight of political prisoners, who are often denied medical treatment. In January of 2022, according to reporting by Radio Free Europe/Radio Liberty, 6 prisoners in Evin Prison went on a hunger strike following the death of jailed Iranian poet and filmmaker Baktash Abtin. At least 3 other prisoners at the Gharchak Women's Prison and the Greater Tehran Central Penitentiary joined the hunger strike. Radio Free Europe/Radio Liberty reported that dozens of prisoners are believed to have died in the prisons of the Islamic Republic of Iran due to mistreatment, including beatings, torture, and a lack of proper medical care. (13) In August of 2021, following the release of footage of mistreatment and torture at Evin Prison, the Bureau of Democracy, Human Rights, and Labor of the Department of State issued a statement stating that the ``recently leaked footage of [the] notorious Evin Prison confirms what we have long known: torture is systemic in Iranian prisons. We call on the Islamic Republic of Iran to release all political prisoners and to treat all prisoners with dignity''. (14) According to the organization United for Iran, more than 556 prisoners of conscience, including persons jailed for religious beliefs, were held in 200 or more prisons in the Islamic Republic of Iran as of May of 2022. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States that-- (1) the Islamic Republic of Iran should allow the United Nations Special Rapporteur on the situation of human rights in the Islamic Republic of Iran unimpeded access to facilitate the full implementation of the mandate of the United Nations Special Rapporteur, including-- (A) investigating alleged violations of human rights that are occurring or have occurred both within prisons and elsewhere; (B) transmitting urgent appeals and letters to the Islamic Republic of Iran regarding alleged violations of human rights; and (C) engaging with relevant stakeholders in the Islamic Republic of Iran and the surrounding region; (2) the Islamic Republic of Iran should immediately end violations of the human rights of political prisoners or persons imprisoned for exercising the right to freedom of speech, including-- (A) torture; (B) assault; (C) denial of access to health care; and (D) denial of a fair trial; (3) all arbitrarily detained individuals, including peaceful protesters, political prisoners, and prisoners of conscience, should be unconditionally and immediately released; (4) all diplomatic tools of the United States should be invoked to ensure that all arbitrarily detained individuals, including political prisoners and prisoners of conscience in the Islamic Republic of Iran are released, including raising individual cases of particular concern; and (5) all officials of the Government of the Islamic Republic of Iran who are responsible for human rights abuses in the form of politically motivated imprisonment should be held to account, including through the imposition of sanctions pursuant to the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 10101 et seq.) and other applicable statutory authorities of the United States. SEC. 4. ASSISTANCE FOR PRISONERS OF CONSCIENCE AND POLITICAL PRISONERS. The Secretary of State is authorized to continue to provide assistance to civil society organizations that support arbitrarily detained individuals, including prisoners of conscience and political prisoners in the Islamic Republic of Iran, including organizations that-- (1) work to secure the release of such prisoners; (2) document violations of human rights with respect to such prisoners; (3) support international advocacy to raise awareness of issues relating to such prisoners; (4) support the health, including mental health, of such prisoners; and (5) provide post-incarceration assistance to enable such prisoners to resume normal lives, including access to education, employment, or other forms of reparation. SEC. 5. DEFINITIONS. In this Act: (1) Arbitrarily detained.--The term ``arbitrarily detained'', with respect to an individual, means an individual deprived of liberty due to the exercise of the rights or freedoms described-- (A) in article 7, 13, 14, 18, 19, 20 or 21 of the Universal Declaration of Human Rights; or (B) in article 12, 18, 19, 21, 22, 25, 26 or 27 of the International Covenant on Civil and Political Rights. (2) Political prisoner.--The term ``political prisoner'' means a person who has been detained or imprisoned on politically motivated grounds and may include persons that-- (A) have used violence; (B) have advocated violence or hatred; or (C) have committed a minor offense that serves as a pretext for politically motivated imprisonment. (3) Prisoner of conscience.--The term ``prisoner of conscience'' means a person who-- (A) is imprisoned or otherwise physically restricted solely in response to the peaceful exercise of the human rights of such person; and (B) has not used violence or advocated violence or hatred. <all>

Support for Iranian Political Prisoners Act

To call on the Islamic Republic of Iran to immediately end violations of the human rights, and facilitate the unconditional, immediate release, of all arbitrarily detained individuals, including peaceful protesters, political prisoners, and prisoners of conscience, and for other purposes.

Support for Iranian Political Prisoners Act

Rep. Schiff, Adam B.

D

CA

H.R.3581

Transportation and Public Works

Connecting Opportunities through Mobility Metrics and Unlocking Transportation Efficiencies Act or the COMMUTE Act This bill directs the Department of Transportation to establish an accessibility data pilot program. The purpose of the pilot program is to develop or procure an accessibility data set and make such data available for states and metropolitan or rural planning organizations to improve their transportation planning by

To require the Secretary of Transportation to carry out a pilot program to develop and provide to States and transportation planning organizations accessibility data sets, and for other purposes. Be it enacted by the Senate 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 Opportunities through Mobility Metrics and Unlocking Transportation Efficiencies Act'' or the ``COMMUTE Act''. SEC. 2. ACCESSIBILITY DATA PILOT PROGRAM. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation (referred to in this section as the ``Secretary'') shall establish an accessibility data pilot program (referred to in this section as the ``pilot program''). (b) Purpose.--The purpose of the pilot program is to develop or procure an accessibility data set and make that data set available to each eligible entity selected to participate in the pilot program to improve the transportation planning of those eligible entities by-- (1) measuring the level of access by multiple transportation modes to important destinations, which may include-- (A) jobs, including areas with a concentration of available jobs; (B) health care facilities; (C) child care services; (D) educational and workforce training facilities; (E) affordable housing; (F) food sources; and (G) connections between modes, including connections to-- (i) high-quality transit or rail service; (ii) safe bicycling corridors; and (iii) safe sidewalks that achieve compliance with applicable requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); (2) disaggregating the level of access by multiple transportation modes by a variety of population categories, which may include-- (A) low-income populations; (B) minority populations; (C) age; (D) disability; and (E) geographical location; (3) assessing the change in accessibility that would result from new transportation investments; and (4) providing data necessary to prioritize transportation investments that will improve access by all modes of travel. (c) Eligible Entities.--An entity eligible to participate in the pilot program is-- (1) a State (as defined in section 101(a) of title 23, United States Code); (2) a metropolitan planning organization; or (3) a rural transportation planning organization. (d) Application.--To be eligible to participate in the pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including information relating to-- (1) previous experience of the eligible entity measuring transportation access, especially in low-income, transit- dependent, or other high-needs communities, or other performance management experience; (2) the types of important destinations to which the eligible entity intends to measure access; (3) the types of data disaggregation the eligible entity intends to pursue; (4) a general description of the methodology the eligible entity intends to apply; (5) if the applicant does not intend the pilot program to apply to the full area under the jurisdiction of the applicant, a description of the geographic area in which the applicant intends the pilot program to apply; and (6) a description of how the eligible entity plans to use the data to improve access to jobs and services by all modes of travel, including for communities of color, low-income communities, people who are transit-dependent, and vulnerable road users. (e) Selection.-- (1) In general.--The Secretary shall seek to achieve diversity of participants in the pilot program by selecting a range of eligible entities that shall include-- (A) States; (B) metropolitan planning organizations that serve an area with a population of 200,000 people or fewer; (C) metropolitan planning organizations that serve an area with a population of over 200,000 people; and (D) rural transportation planning organizations. (2) Inclusions.--The Secretary shall seek to ensure that, among the eligible entities selected under paragraph (1), there is-- (A) a range of capacity and previous experience with measuring transportation access; and (B) a variety of proposed methodologies and focus areas for measuring level of access. (f) Duties.--For each eligible entity participating in the pilot program, the Secretary shall-- (1) develop or acquire an accessibility data set described in subsection (b); and (2) submit the data set to the eligible entity. (g) Methodology.--In calculating the measures for the data set under the pilot program, the Secretary shall ensure that methodology is open source. (h) Availability.--The Secretary shall make an accessibility data set under the pilot program available to-- (1) units of local government within the jurisdiction of the eligible entity participating in the pilot program; and (2) researchers. (i) Report.--Not later than 120 days after the last date on which the Secretary submits data sets to the eligible entity under subsection (f), the Secretary shall submit to Congress a report on the results of the program, including-- (1) the feasibility of developing and providing periodic accessibility data sets for all States, regions, and localities; and (2) an identification of specific actions the Secretary and eligible entities participating in the pilot program may take to further the use of accessibility data. (j) Funding.--The Secretary shall carry out the pilot program using amounts made available to the Secretary for administrative expenses to carry out programs under the authority of the Secretary. (k) Sunset.--The pilot program shall terminate on the date that is 5 years after the date on which the pilot program is implemented. <all>

COMMUTE Act

To require the Secretary of Transportation to carry out a pilot program to develop and provide to States and transportation planning organizations accessibility data sets, and for other purposes.

COMMUTE Act Connecting Opportunities through Mobility Metrics and Unlocking Transportation Efficiencies Act

Rep. DeSaulnier, Mark

D

CA

S.1765

Transportation and Public Works

Future of Freight Mobility Act of 2021 This bill makes the project on Marine Highway Corridor M-40 in Arkansas and Oklahoma on the Arkansas, Verdigris, and White Rivers eligible for funding through certain federal-aid highway programs if the Department of Transportation determines that the project is functionally connected to the National Highway Freight Network and is likely to reduce on-road mobile source emissions.

To amend title 23, United States Code, to provide greater flexibility for multimodal freight improvements, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Future of Freight Mobility Act of 2021''. SEC. 2. FINDINGS. Congress finds that-- (1) the national movement of freight is critical to the economic growth of the United States, transporting $1,240,000,000,000 in goods each year, accounting for nearly 6 percent of annual gross domestic product in the United States; (2) multimodal movement of freight, via road, air, rail and water, is critical to the national competitiveness of the United States, supporting every sector of the United States economy by employing a cohesive network to both distribute goods around the country and deliver exports of the United States to the rest of the world; (3) the United States inland waterways system moves more than 500,000,000,000 tons of waterborne cargo every year, valued at over $130,000,000,000, and sustains over 65,000 jobs; (4) the McClellan-Kerr Arkansas River Navigation System (referred to in this Act as the ``MKARNS'') moves more than $4,000,000,000 in critical commodities every year and supports more than 56,000 jobs, driving economic growth and efficiency for a 12-State region consisting of Oklahoma, Arkansas, Kansas, Texas, Colorado, Montana, Nebraska, Minnesota, South Dakota, North Dakota, Missouri, and Idaho; (5) Congress authorized the Corps of Engineers to deepen the MKARNS from 9 feet to 12 feet in 2003, and approximately 90 percent of the MKARNS is already 12 feet deep; and (6) in 2015, the Maritime Administration-- (A) designated the MKARNS as Marine Highway Corridor M-40; and (B) changed the status of the MKARNS from a moderate to high-use waterway after waterborne commerce increased. SEC. 3. FEDERAL-AID HIGHWAY PROGRAM. (a) Nationally Significant Freight and Highway Projects.--Section 117(d)(1)(A) of title 23, United States Code, is amended-- (1) in clause (iii)(II), by striking ``or'' at the end; (2) in clause (iv), by striking ``and'' at the end and inserting ``or''; and (3) by adding at the end the following: ``(v) a project on Marine Highway Corridor M-40 in Arkansas and Oklahoma on the Arkansas, Verdigris, and White Rivers, if the Secretary determines that the project-- ``(I) is functionally connected to the National Highway Freight Network; and ``(II) is likely to reduce on-road mobile source emissions; and''. (b) Congestion Mitigation and Air Quality Improvement Program.-- Section 149(b) of title 23, United States Code, is amended-- (1) in paragraph (8)(B), by striking ``or'' at the end; (2) in paragraph (9), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(10) if the project is a project on Marine Highway Corridor M-40 in Arkansas and Oklahoma on the Arkansas, Verdigris, and White Rivers that-- ``(A) is functionally connected to the Federal-aid highway system; and ``(B) the Secretary determines is likely to contribute to the attainment or maintenance of a national ambient air quality standard.''. (c) National Highway Freight Program.--Section 167(i)(5)(B) of title 23, United States Code, is amended-- (1) in clause (i), by striking ``and'' at the end; (2) in clause (ii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(iii) on Marine Highway Corridor M-40 in Arkansas and Oklahoma on the Arkansas, Verdigris, and White Rivers, if the Secretary determines that the project-- ``(I) is functionally connected to the National Highway Freight Network; and ``(II) is likely to reduce on-road mobile source emissions.''. <all>

Future of Freight Mobility Act of 2021

A bill to amend title 23, United States Code, to provide greater flexibility for multimodal freight improvements, and for other purposes.

Future of Freight Mobility Act of 2021

Sen. Inhofe, James M.

R

OK

S.2175

Health

Preventive Home Visit Act This bill expands Medicare coverage to include biennial preventive home visits, in which a qualified professional conducts a risk assessment of an individual's home and provides appropriate referrals for interventions or modifications to improve physical activity, fall prevention, and nutrition.

To amend title XVIII of the Social Security Act to provide coverage of preventive home visits 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 ``Preventive Home Visit Act''. SEC. 2. MEDICARE COVERAGE OF PREVENTIVE HOME VISITS. (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in subsection (s)(2)-- (A) in subparagraph (GG), by striking ``and'' at the end; (B) in subparagraph (HH), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(II) a preventive home visit as defined in subsection (lll).''; and (2) by adding at the end the following new subsection: ``Preventive Home Visit ``(lll) The term `preventive home visit' means a visit to the home of an individual by a qualified professional (as defined by the Secretary), not more frequently than once every two years, during which the qualified professional provides an assessment of the home environment of the individual, identifies health risks, and provides a referral, as appropriate, for interventions or home modifications to improve physical activity, fall prevention, and nutrition with respect to the individual.''. (b) Payment.-- (1) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and (DD)'' and inserting ``(DD)''; and (B) by inserting before the semicolon at the end the following: ``and (EE) with respect to a home visit as defined in section 1861(lll), the amount paid shall be equal to 100 percent of the lesser of the actual charge for the service or the amount determined under section 1834(z)''. (2) Payment determination.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subparagraph: ``(z) Preventive Home Visits.--The Secretary shall establish a bundled payment amount for a preventive home visit, including any referrals made in connection with the visit.''. (c) Frequency Limitation.--Section 1862(a)(1) of the Social Security Act (42 U.S.C. 1395y(a)(1)) is amended-- (1) in subsection (O), by striking ``and'' at the end; (2) in subsection (P), by striking the semicolon and inserting ``, and''; and (3) by adding at the end the following new subparagraph: ``(Q) in the case of a preventive home visit as defined in section 1861(lll), which is provided more frequently than is covered under such section.''. <all>

Preventive Home Visit Act

A bill to amend title XVIII of the Social Security Act to provide coverage of preventive home visits under Medicare, and for other purposes.

Preventive Home Visit Act

Sen. King, Angus S., Jr.

I

ME

H.R.6902

Government Operations and Politics

To designate the facility of the United States Postal Service located at 660 East Harrison Street, in Republic, Missouri, as the ``Special Agent Sgt. Joseph M. Peters Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SPECIAL AGENT SGT. JOSEPH M. PETERS POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 660 East Harrison Street, in Republic, Missouri, shall be known and designated as the ``Special Agent Sgt. Joseph M. Peters Post Office''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Special Agent Sgt. Joseph M. Peters Post Office''. <all>

To designate the facility of the United States Postal Service located at 660 East Harrison Street, in Republic, Missouri, as the "Special Agent Sgt. Joseph M. Peters Post Office".

To designate the facility of the United States Postal Service located at 660 East Harrison Street, in Republic, Missouri, as the "Special Agent Sgt. Joseph M. Peters Post Office".

Official Titles - House of Representatives Official Title as Introduced To designate the facility of the United States Postal Service located at 660 East Harrison Street, in Republic, Missouri, as the "Special Agent Sgt. Joseph M. Peters Post Office".

Rep. Long, Billy

R

MO

H.R.3551

Commerce

Restaurant Recovery Fairness Act of 2021 This bill directs the Small Business Administration (SBA) to require applicants for restaurant revitalization grants to reduce waste, fraud, and abuse, and it requires the SBA to submit an oversight and audit plan detailing its policies and procedures with respect to such grants.

To amend the American Rescue Plan Act of 2021 to require increased oversight with respect to restaurant revitalization grants, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Restaurant Recovery Fairness Act of 2021''. SEC. 2. SUPPORT FOR RESTAURANTS. Section 5003 of the American Rescue Plan Act of 2021 (Public Law 117-2) is amended-- (1) in subsection (c)(2), by adding at the end the following new subparagraph: ``(C) Prevention of waste, fraud, and abuse.--The Administrator shall impose requirements on applicants for the purpose of reducing waste, fraud, and abuse.''; and (2) by adding at the end the following new subsections: ``(d) Oversight and Audit Plan.-- ``(1) In general.--Not later than 45 days after the date of enactment of this subsection, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives an oversight and audit plan that details the policies and procedures of the Administrator for conducting oversight and an appropriate level of audits with respect to grants made under this section, which shall include the metrics used to determine which grants to audit. ``(2) Reports.--Not later than 60 days after the date of enactment of this subsection, and each month thereafter until the date that is 1 year after the date on which all amounts appropriated under subsection (b)(2) have been expended, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the oversight and audit activities carried out by the Administrator with respect to grants made under this section, which shall include for the period covered by the report-- ``(A) the number of grants approved and disbursed; ``(B) the amount of grant funds received by each recipient; ``(C) the number of active investigations and audits of grants being conducted; ``(D) the number of completed investigations and audits of grants, including a description of any findings of fraud or other material noncompliance; and ``(E) any substantial changes made to the oversight and audit plan submitted under paragraph (1). ``(3) Identifiable or proprietary information.--The Administrator shall ensure that each report submitted pursuant to paragraph (2) is free from any identifiable or proprietary information of a grant recipient.''. <all>

Restaurant Recovery Fairness Act of 2021

To amend the American Rescue Plan Act of 2021 to require increased oversight with respect to restaurant revitalization grants, and for other purposes.

Restaurant Recovery Fairness Act of 2021

Rep. Van Duyne, Beth

R

TX

S.3597

Public Lands and Natural Resources

Deschutes River Conservancy Reauthorization Act of 2022 This bill (1) reauthorizes the Deschutes River Conservancy Working Group through FY2032, (2) increases from 5% to 10% the amount authorized to be provided to the working group, and (3) changes the composition of the members of the working group.

To amend the Oregon Resource Conservation Act of 1996 to reauthorize the Deschutes River Conservancy Working Group, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Deschutes River Conservancy Reauthorization Act of 2022''. SEC. 2. REAUTHORIZATION OF DESCHUTES RIVER CONSERVANCY WORKING GROUP. (a) Definition of Working Group.--Section 301(a) of the Oregon Resource Conservation Act of 1996 (Public Law 104-208; 110 Stat. 3009- 534; 122 Stat. 836) is amended by striking paragraph (1) and inserting the following: ``(1) Working group.--The term `Working Group' means the Deschutes River Conservancy Working Group composed of a board of directors of not fewer than 10, but not more than 15, members nominated by the group represented by the member, of whom-- ``(A) 2 members shall be representatives of the environmental community in the Deschutes River Basin; ``(B) 2 members shall be representatives of the irrigated agriculture community in the Deschutes River Basin; ``(C) 2 members shall be representatives of the Confederated Tribes of the Warm Springs Reservation of Oregon; ``(D) 1 member shall be a representative of the hydroelectric production community in the Deschutes River Basin; ``(E) 1 member shall be a representative of 1 of the Federal agencies with authority and responsibility in the Deschutes River Basin; ``(F) 1 member shall be a representative of an agency of the State of Oregon with authority and responsibility in the Deschutes River Basin, such as-- ``(i) the Oregon Department of Fish and Wildlife; or ``(ii) the Oregon Water Resources Department; and ``(G) 1 member shall be a representative of a unit of local government in the Deschutes River Basin.''. (b) Reauthorization; Administrative Costs.--Section 301 of the Oregon Resource Conservation Act of 1996 (Public Law 104-208; 110 Stat. 3009-534; 122 Stat. 836) is amended-- (1) in subsection (b)-- (A) in paragraph (3), by striking ``2016'' and inserting ``2032''; and (B) in paragraph (6), by striking ``5 percent'' and inserting ``10 percent''; and (2) in subsection (h), by striking ``2016'' and inserting ``2032''. <all>

Deschutes River Conservancy Reauthorization Act of 2022

A bill to amend the Oregon Resource Conservation Act of 1996 to reauthorize the Deschutes River Conservancy Working Group, and for other purposes.

Deschutes River Conservancy Reauthorization Act of 2022

Sen. Merkley, Jeff

D

OR

S.4759

Armed Forces and National Security

Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2023 This bill provides FY2023 appropriations for military construction, the Department of Veterans Affairs (VA), and related agencies. The bill provides appropriations to the Department of Defense (DOD) for military construction for The bill also provides appropriations to DOD for Within the VA budget, the bill provides appropriations for The bill provides appropriations for related agencies and programs, including The bill also sets forth requirements and restrictions for using funds provided by this and other appropriations acts.

Making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2023, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2023, and for other purposes, namely: TITLE I DEPARTMENT OF DEFENSE Military Construction, Army For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by law, including personnel in the Army Corps of Engineers and other personal services necessary for the purposes of this appropriation, and for construction and operation of facilities in support of the functions of the Commander in Chief, $1,481,665,000, to remain available until September 30, 2027: Provided, That, of this amount, not to exceed $235,491,000 shall be available for study, planning, design, architect and engineer services, and host nation support, as authorized by law, unless the Secretary of the Army determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount made available under this heading, $624,100,000 shall be for the projects and activities, and in the amounts, specified under the heading ``Military Construction, Army'' in the explanatory statement accompanying this Act, in addition to amounts otherwise available for such purposes. Military Construction, Navy and Marine Corps For acquisition, construction, installation, and equipment of temporary or permanent public works, naval installations, facilities, and real property for the Navy and Marine Corps as currently authorized by law, including personnel in the Naval Facilities Engineering Command and other personal services necessary for the purposes of this appropriation, $4,024,314,000, to remain available until September 30, 2027: Provided, That, of this amount, not to exceed $434,524,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of the Navy determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount made available under this heading, $486,980,000 shall be for the projects and activities, and in the amounts, specified under the heading ``Military Construction, Navy and Marine Corps'' in the explanatory statement accompanying this Act, in addition to amounts otherwise available for such purposes. Military Construction, Air Force For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized by law, $2,306,796,000, to remain available until September 30, 2027: Provided, That, of this amount, not to exceed $210,934,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of the Air Force determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount made available under this heading, $323,840,000 shall be for the projects and activities, and in the amounts, specified under the heading ``Military Construction, Air Force'' in the explanatory statement accompanying this Act, in addition to amounts otherwise available for such purposes. Military Construction, Defense-Wide (including transfer of funds) For acquisition, construction, installation, and equipment of temporary or permanent public works, installations, facilities, and real property for activities and agencies of the Department of Defense (other than the military departments), as currently authorized by law, $2,514,648,000, to remain available until September 30, 2027: Provided, That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to such appropriations of the Department of Defense available for military construction or family housing as the Secretary may designate, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: Provided further, That, of the amount, not to exceed $473,197,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount made available under this heading, $50,950,000 shall be for the projects and activities, and in the amounts, specified under the heading ``Military Construction, Defense-Wide'' in the explanatory statement accompanying this Act, in addition to amounts otherwise available for such purposes. Military Construction, Army National Guard For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army National Guard, and contributions therefor, as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $480,638,000, to remain available until September 30, 2027: Provided, That, of the amount, not to exceed $82,555,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Director of the Army National Guard determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount made available under this heading, $150,160,000 shall be for the projects and activities, and in the amounts, specified under the heading ``Military Construction, Army National Guard'' in the explanatory statement accompanying this Act, in addition to amounts otherwise available for such purposes. Military Construction, Air National Guard For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air National Guard, and contributions therefor, as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $242,553,000, to remain available until September 30, 2027: Provided, That, of the amount, not to exceed $43,182,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Director of the Air National Guard determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount made available under this heading, $101,170,000 shall be for the projects and activities, and in the amounts, specified under the heading ``Military Construction, Air National Guard'' in the explanatory statement accompanying this Act, in addition to amounts otherwise available for such purposes. Military Construction, Army Reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army Reserve as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $221,878,000, to remain available until September 30, 2027: Provided, That, of the amount, not to exceed $37,829,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Chief of the Army Reserve determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount made available under this heading, $74,000,000 shall be for the projects and activities, and in the amounts, specified under the heading ``Military Construction, Army Reserve'' in the explanatory statement accompanying this Act, in addition to amounts otherwise available for such purposes. Military Construction, Navy Reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the reserve components of the Navy and Marine Corps as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $30,337,000, to remain available until September 30, 2027: Provided, That, of the amount, not to exceed $2,590,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of the Navy determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. Military Construction, Air Force Reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air Force Reserve as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $93,423,000, to remain available until September 30, 2027: Provided, That, of the amount, not to exceed $21,573,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Chief of the Air Force Reserve determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount made available under this heading, $35,800,000 shall be for the projects and activities, and in the amounts, specified under the heading ``Military Construction, Air Force Reserve'' in the explanatory statement accompanying this Act, in addition to amounts otherwise available for such purposes. North Atlantic Treaty Organization Security Investment Program For the United States share of the cost of the North Atlantic Treaty Organization Security Investment Program for the acquisition and construction of military facilities and installations (including international military headquarters) and for related expenses for the collective defense of the North Atlantic Treaty Area as authorized by section 2806 of title 10, United States Code, and Military Construction Authorization Acts, $210,139,000, to remain available until expended. Department of Defense Base Closure Account For deposit into the Department of Defense Base Closure Account, established by section 2906(a) of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), $296,687,000, to remain available until September 30, 2027. Family Housing Construction, Army For expenses of family housing for the Army for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $169,339,000, to remain available until September 30, 2027. Family Housing Operation and Maintenance, Army For expenses of family housing for the Army for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $436,411,000. Family Housing Construction, Navy and Marine Corps For expenses of family housing for the Navy and Marine Corps for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $337,297,000, to remain available until September 30, 2027. Family Housing Operation and Maintenance, Navy and Marine Corps For expenses of family housing for the Navy and Marine Corps for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $368,224,000. Family Housing Construction, Air Force For expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $232,788,000, to remain available until September 30, 2027. Family Housing Operation and Maintenance, Air Force For expenses of family housing for the Air Force for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $355,222,000. Family Housing Operation and Maintenance, Defense-Wide For expenses of family housing for the activities and agencies of the Department of Defense (other than the military departments) for operation and maintenance, leasing, and minor construction, as authorized by law, $50,113,000. Department of Defense Family Housing Improvement Fund For the Department of Defense Family Housing Improvement Fund, $6,442,000, to remain available until expended, for family housing initiatives undertaken pursuant to section 2883 of title 10, United States Code, providing alternative means of acquiring and improving military family housing and supporting facilities. Department of Defense Military Unaccompanied Housing Improvement Fund For the Department of Defense Military Unaccompanied Housing Improvement Fund, $494,000, to remain available until expended, for unaccompanied housing initiatives undertaken pursuant to section 2883 of title 10, United States Code, providing alternative means of acquiring and improving military unaccompanied housing and supporting facilities. Administrative Provisions Sec. 101. None of the funds made available in this title shall be expended for payments under a cost-plus-a-fixed-fee contract for construction, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor. Sec. 102. Funds made available in this title for construction shall be available for hire of passenger motor vehicles. Sec. 103. Funds made available in this title for construction may be used for advances to the Federal Highway Administration, Department of Transportation, for the construction of access roads as authorized by section 210 of title 23, United States Code, when projects authorized therein are certified as important to the national defense by the Secretary of Defense. Sec. 104. None of the funds made available in this title may be used to begin construction of new bases in the United States for which specific appropriations have not been made. Sec. 105. None of the funds made available in this title shall be used for purchase of land or land easements in excess of 100 percent of the value as determined by the Army Corps of Engineers or the Naval Facilities Engineering Command, except: (1) where there is a determination of value by a Federal court; (2) purchases negotiated by the Attorney General or the designee of the Attorney General; (3) where the estimated value is less than $25,000; or (4) as otherwise determined by the Secretary of Defense to be in the public interest. Sec. 106. None of the funds made available in this title shall be used to: (1) acquire land; (2) provide for site preparation; or (3) install utilities for any family housing, except housing for which funds have been made available in annual Acts making appropriations for military construction. Sec. 107. None of the funds made available in this title for minor construction may be used to transfer or relocate any activity from one base or installation to another, without prior notification to the Committees on Appropriations of both Houses of Congress. Sec. 108. None of the funds made available in this title may be used for the procurement of steel for any construction project or activity for which American steel producers, fabricators, and manufacturers have been denied the opportunity to compete for such steel procurement. Sec. 109. None of the funds available to the Department of Defense for military construction or family housing during the current fiscal year may be used to pay real property taxes in any foreign nation. Sec. 110. None of the funds made available in this title may be used to initiate a new installation overseas without prior notification to the Committees on Appropriations of both Houses of Congress. Sec. 111. None of the funds made available in this title may be obligated for architect and engineer contracts estimated by the Government to exceed $500,000 for projects to be accomplished in Japan, in any North Atlantic Treaty Organization member country, or in countries bordering the Arabian Gulf, unless such contracts are awarded to United States firms or United States firms in joint venture with host nation firms. Sec. 112. None of the funds made available in this title for military construction in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering the Arabian Gulf, may be used to award any contract estimated by the Government to exceed $1,000,000 to a foreign contractor: Provided, That this section shall not be applicable to contract awards for which the lowest responsive and responsible bid of a United States contractor exceeds the lowest responsive and responsible bid of a foreign contractor by greater than 20 percent: Provided further, That this section shall not apply to contract awards for military construction on Kwajalein Atoll for which the lowest responsive and responsible bid is submitted by a Marshallese contractor. Sec. 113. The Secretary of Defense shall inform the appropriate committees of both Houses of Congress, including the Committees on Appropriations, of plans and scope of any proposed military exercise involving United States personnel 30 days prior to its occurring, if amounts expended for construction, either temporary or permanent, are anticipated to exceed $100,000. Sec. 114. Funds appropriated to the Department of Defense for construction in prior years shall be available for construction authorized for each such military department by the authorizations enacted into law during the current session of Congress. Sec. 115. For military construction or family housing projects that are being completed with funds otherwise expired or lapsed for obligation, expired or lapsed funds may be used to pay the cost of associated supervision, inspection, overhead, engineering and design on those projects and on subsequent claims, if any. Sec. 116. Notwithstanding any other provision of law, any funds made available to a military department or defense agency for the construction of military projects may be obligated for a military construction project or contract, or for any portion of such a project or contract, at any time before the end of the fourth fiscal year after the fiscal year for which funds for such project were made available, if the funds obligated for such project: (1) are obligated from funds available for military construction projects; and (2) do not exceed the amount appropriated for such project, plus any amount by which the cost of such project is increased pursuant to law. (including transfer of funds) Sec. 117. Subject to 30 days prior notification, or 14 days for a notification provided in an electronic medium pursuant to sections 480 and 2883 of title 10, United States Code, to the Committees on Appropriations of both Houses of Congress, such additional amounts as may be determined by the Secretary of Defense may be transferred to: (1) the Department of Defense Family Housing Improvement Fund from amounts appropriated for construction in ``Family Housing'' accounts, to be merged with and to be available for the same purposes and for the same period of time as amounts appropriated directly to the Fund; or (2) the Department of Defense Military Unaccompanied Housing Improvement Fund from amounts appropriated for construction of military unaccompanied housing in ``Military Construction'' accounts, to be merged with and to be available for the same purposes and for the same period of time as amounts appropriated directly to the Fund: Provided, That appropriations made available to the Funds shall be available to cover the costs, as defined in section 502(5) of the Congressional Budget Act of 1974, of direct loans or loan guarantees issued by the Department of Defense pursuant to the provisions of subchapter IV of chapter 169 of title 10, United States Code, pertaining to alternative means of acquiring and improving military family housing, military unaccompanied housing, and supporting facilities. (including transfer of funds) Sec. 118. In addition to any other transfer authority available to the Department of Defense, amounts may be transferred from the Department of Defense Base Closure Account to the fund established by section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for expenses associated with the Homeowners Assistance Program incurred under 42 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be merged with and be available for the same purposes and for the same time period as the fund to which transferred. Sec. 119. Notwithstanding any other provision of law, funds made available in this title for operation and maintenance of family housing shall be the exclusive source of funds for repair and maintenance of all family housing units, including general or flag officer quarters: Provided, That not more than $35,000 per unit may be spent annually for the maintenance and repair of any general or flag officer quarters without 30 days prior notification, or 14 days for a notification provided in an electronic medium pursuant to sections 480 and 2883 of title 10, United States Code, to the Committees on Appropriations of both Houses of Congress, except that an after-the-fact notification shall be submitted if the limitation is exceeded solely due to costs associated with environmental remediation that could not be reasonably anticipated at the time of the budget submission: Provided further, That the Under Secretary of Defense (Comptroller) is to report annually to the Committees on Appropriations of both Houses of Congress all operation and maintenance expenditures for each individual general or flag officer quarters for the prior fiscal year. Sec. 120. Amounts contained in the Ford Island Improvement Account established by subsection (h) of section 2814 of title 10, United States Code, are appropriated and shall be available until expended for the purposes specified in subsection (i)(1) of such section or until transferred pursuant to subsection (i)(3) of such section. (including transfer of funds) Sec. 121. During the 5-year period after appropriations available in this Act to the Department of Defense for military construction and family housing operation and maintenance and construction have expired for obligation, upon a determination that such appropriations will not be necessary for the liquidation of obligations or for making authorized adjustments to such appropriations for obligations incurred during the period of availability of such appropriations, unobligated balances of such appropriations may be transferred into the appropriation ``Foreign Currency Fluctuations, Construction, Defense'', to be merged with and to be available for the same time period and for the same purposes as the appropriation to which transferred. (including transfer of funds) Sec. 122. Amounts appropriated or otherwise made available in an account funded under the headings in this title may be transferred among projects and activities within the account in accordance with the reprogramming guidelines for military construction and family housing construction contained in Department of Defense Financial Management Regulation 7000.14-R, Volume 3, Chapter 7, of March 2011, as in effect on the date of enactment of this Act. Sec. 123. None of the funds made available in this title may be obligated or expended for planning and design and construction of projects at Arlington National Cemetery. Sec. 124. For an additional amount for the accounts and in the amounts specified, to remain available until September 30, 2027: ``Military Construction, Army'', $261,040,000; ``Military Construction, Navy and Marine Corps'', $727,387,000; ``Military Construction, Air Force'', $591,700,000; ``Military Construction, Defense-Wide'', $151,000,000; ``Military Construction, Army National Guard'', $54,743,000; ``Military Construction, Air National Guard'', $9,200,000; ``Military Construction, Army Reserve'', $59,600,000; ``Military Construction, Navy Reserve'', $137,300,000; ``Military Construction, Air Force Reserve'', $8,000,000; ``Family Housing Construction, Army'', $292,822,000; and ``Family Housing Construction, Air Force'', $18,800,000: Provided, That such funds may only be obligated to carry out construction and cost to complete projects identified in the respective military department's unfunded priority list for fiscal year 2023 submitted to Congress: Provided further, That such projects are subject to authorization prior to obligation and expenditure of funds to carry out construction: Provided further, That not later than 60 days after enactment of this Act, the Secretary of the military department concerned, or his or her designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section. Sec. 125. All amounts appropriated to the ``Department of Defense--Military Construction, Army'', ``Department of Defense-- Military Construction, Navy and Marine Corps'', ``Department of Defense--Military Construction, Air Force'', and ``Department of Defense--Military Construction, Defense-Wide'' accounts pursuant to the authorization of appropriations in a National Defense Authorization Act specified for fiscal year 2023 in the funding table in section 4601 of that Act shall be immediately available and allotted to contract for the full scope of authorized projects. Sec. 126. Notwithstanding section 116 of this Act, funds made available in this Act or any available unobligated balances from prior appropriations Acts may be obligated before October 1, 2024 for fiscal year 2017 and fiscal year 2018 military construction projects for which project authorization has not lapsed or for which authorization is extended for fiscal year 2023 by a National Defense Authorization Act: Provided, That no amounts may be obligated pursuant to this section from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. Sec. 127. For the purposes of this Act, the term ``congressional defense committees'' means the Committees on Armed Services of the House of Representatives and the Senate, the Subcommittee on Military Construction and Veterans Affairs of the Committee on Appropriations of the Senate, and the Subcommittee on Military Construction and Veterans Affairs of the Committee on Appropriations of the House of Representatives. Sec. 128. For an additional amount for the accounts and in the amounts specified for planning and design, unspecified minor construction, and authorized major construction projects, for construction improvements to Department of Defense laboratory facilities, to remain available until September 30, 2027: ``Military Construction, Army'', $20,000,000; ``Military Construction, Navy and Marine Corps'', $10,000,000; and ``Military Construction, Air Force'', $90,000,000: Provided, That not later than 60 days after enactment of this Act, the Secretary of the military department concerned, or his or her designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section: Provided further, That the Secretary of the military department concerned may not obligate or expend any funds prior to approval by the Committees on Appropriations of both Houses of Congress of the expenditure plan required by this section. Sec. 129. For an additional amount for the accounts and in the amounts specified for planning and design and unspecified minor construction, for improving military installation resilience, to remain available until September 30, 2027: ``Military Construction, Army'', $10,000,000; ``Military Construction, Navy and Marine Corps'', $20,000,000; and ``Military Construction, Air Force'', $10,000,000: Provided, That not later than 60 days after enactment of this Act, the Secretary of the military department concerned, or his or her designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section: Provided further, That the Secretary of the military department concerned may not obligate or expend any funds prior to approval by the Committees on Appropriations of both Houses of Congress of the expenditure plan required by this section. Sec. 130. For an additional amount for ``Military Construction, Air Force'', $100,000,000, to remain available until September 30, 2027, for expenses incurred as a result of natural disasters: Provided, That not later than 60 days after the date of enactment of this Act, the Secretary of the Air Force, or his or her designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section. Sec. 131. For an additional amount for the accounts and in the amounts specified to address cost increases identified subsequent to the fiscal year 2023 budget request for authorized major construction projects included in that request, to remain available until September 30, 2027: ``Military Construction, Army'', $40,000,000; ``Military Construction, Navy and Marine Corps'', $65,000,000; ``Military Construction, Air Force'', $58,000,000; and ``Military Construction, Defense-Wide'', $51,000,000: Provided, That not later than 60 days after the date of enactment of this Act, the Secretary of the military department concerned, or his or her designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section: Provided further, That the Secretary of the military department concerned may not obligate or expend any funds prior to approval by the Committees on Appropriations of both Houses of Congress of the expenditure plan required by this section. TITLE II DEPARTMENT OF VETERANS AFFAIRS Veterans Benefits Administration compensation and pensions (including transfer of funds) For the payment of compensation benefits to or on behalf of veterans and a pilot program for disability examinations as authorized by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, United States Code; pension benefits to or on behalf of veterans as authorized by chapters 15, 51, 53, 55, and 61 of title 38, United States Code; and burial benefits, the Reinstated Entitlement Program for Survivors, emergency and other officers' retirement pay, adjusted- service credits and certificates, payment of premiums due on commercial life insurance policies guaranteed under the provisions of title IV of the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and for other benefits as authorized by sections 107, 1312, 1977, and 2106, and chapters 23, 51, 53, 55, and 61 of title 38, United States Code, $146,778,136,000, which shall become available on October 1, 2023, to remain available until expended: Provided, That not to exceed $21,423,000 of the amount made available for fiscal year 2024 under this heading shall be reimbursed to ``General Operating Expenses, Veterans Benefits Administration'', and ``Information Technology Systems'' for necessary expenses in implementing the provisions of chapters 51, 53, and 55 of title 38, United States Code, the funding source for which is specifically provided as the ``Compensation and Pensions'' appropriation: Provided further, That such sums as may be earned on an actual qualifying patient basis, shall be reimbursed to ``Medical Care Collections Fund'' to augment the funding of individual medical facilities for nursing home care provided to pensioners as authorized. readjustment benefits For the payment of readjustment and rehabilitation benefits to or on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38, United States Code, $8,452,500,000, which shall become available on October 1, 2023, to remain available until expended: Provided, That expenses for rehabilitation program services and assistance which the Secretary is authorized to provide under subsection (a) of section 3104 of title 38, United States Code, other than under paragraphs (1), (2), (5), and (11) of that subsection, shall be charged to this account. veterans insurance and indemnities For military and naval insurance, national service life insurance, servicemen's indemnities, service-disabled veterans insurance, and veterans mortgage life insurance as authorized by chapters 19 and 21 of title 38, United States Code, $121,126,000, which shall become available on October 1, 2023, to remain available until expended. veterans housing benefit program fund For the cost of direct and guaranteed loans, such sums as may be necessary to carry out the program, as authorized by subchapters I through III of chapter 37 of title 38, United States Code: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That, during fiscal year 2023, within the resources available, not to exceed $500,000 in gross obligations for direct loans are authorized for specially adapted housing loans. In addition, for administrative expenses to carry out the direct and guaranteed loan programs, $282,361,131. vocational rehabilitation loans program account For the cost of direct loans, $7,171, as authorized by chapter 31 of title 38, United States Code: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That funds made available under this heading are available to subsidize gross obligations for the principal amount of direct loans not to exceed $942,330. In addition, for administrative expenses necessary to carry out the direct loan program, $445,698, which may be paid to the appropriation for ``General Operating Expenses, Veterans Benefits Administration''. native american veteran housing loan program account For administrative expenses to carry out the direct loan program authorized by subchapter V of chapter 37 of title 38, United States Code, $1,400,000. general operating expenses, veterans benefits administration For necessary operating expenses of the Veterans Benefits Administration, not otherwise provided for, including hire of passenger motor vehicles, reimbursement of the General Services Administration for security guard services, and reimbursement of the Department of Defense for the cost of overseas employee mail, $3,863,000,000: Provided, That expenses for services and assistance authorized under paragraphs (1), (2), (5), and (11) of section 3104(a) of title 38, United States Code, that the Secretary of Veterans Affairs determines are necessary to enable entitled veterans: (1) to the maximum extent feasible, to become employable and to obtain and maintain suitable employment; or (2) to achieve maximum independence in daily living, shall be charged to this account: Provided further, That, of the funds made available under this heading, not to exceed 10 percent shall remain available until September 30, 2024. Veterans Health Administration medical services For necessary expenses for furnishing, as authorized by law, inpatient and outpatient care and treatment to beneficiaries of the Department of Veterans Affairs and veterans described in section 1705(a) of title 38, United States Code, including care and treatment in facilities not under the jurisdiction of the Department, and including medical supplies and equipment, bioengineering services, food services, and salaries and expenses of healthcare employees hired under title 38, United States Code, assistance and support services for caregivers as authorized by section 1720G of title 38, United States Code, loan repayments authorized by section 604 of the Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 111-163; 124 Stat. 1174; 38 U.S.C. 7681 note), monthly assistance allowances authorized by section 322(d) of title 38, United States Code, grants authorized by section 521A of title 38, United States Code, and administrative expenses necessary to carry out sections 322(d) and 521A of title 38, United States Code, and hospital care and medical services authorized by section 1787 of title 38, United States Code; $261,000,000, which shall be in addition to funds previously appropriated under this heading that become available on October 1, 2022; and, in addition, $74,004,000,000, plus reimbursements, shall become available on October 1, 2023, and shall remain available until September 30, 2024: Provided, That, of the amount made available on October 1, 2023, under this heading, $2,000,000,000 shall remain available until September 30, 2025: Provided further, That, notwithstanding any other provision of law, the Secretary of Veterans Affairs shall establish a priority for the provision of medical treatment for veterans who have service-connected disabilities, lower income, or have special needs: Provided further, That, notwithstanding any other provision of law, the Secretary of Veterans Affairs shall give priority funding for the provision of basic medical benefits to veterans in enrollment priority groups 1 through 6: Provided further, That, notwithstanding any other provision of law, the Secretary of Veterans Affairs may authorize the dispensing of prescription drugs from Veterans Health Administration facilities to enrolled veterans with privately written prescriptions based on requirements established by the Secretary: Provided further, That the implementation of the program described in the previous proviso shall incur no additional cost to the Department of Veterans Affairs: Provided further, That the Secretary of Veterans Affairs shall ensure that sufficient amounts appropriated under this heading for medical supplies and equipment are available for the acquisition of prosthetics designed specifically for female veterans. medical community care For necessary expenses for furnishing health care to individuals pursuant to chapter 17 of title 38, United States Code, at non- Department facilities, $4,300,000,000, which shall be in addition to funds previously appropriated under this heading that become available on October 1, 2022; and, in addition, $33,000,000,000, plus reimbursements, shall become available on October 1, 2023, and shall remain available until September 30, 2024: Provided, That, of the amount made available on October 1, 2023, under this heading, $2,000,000,000 shall remain available until September 30, 2025. medical support and compliance For necessary expenses in the administration of the medical, hospital, nursing home, domiciliary, construction, supply, and research activities, as authorized by law; administrative expenses in support of capital policy activities; and administrative and legal expenses of the Department for collecting and recovering amounts owed the Department as authorized under chapter 17 of title 38, United States Code, and the Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.), $1,400,000,000, which shall be in addition to funds previously appropriated under this heading that become available on October 1, 2022; and, in addition, $12,300,000,000, plus reimbursements, shall become available on October 1, 2023, and shall remain available until September 30, 2024: Provided, That, of the amount made available on October 1, 2023, under this heading, $350,000,000 shall remain available until September 30, 2025. medical facilities For necessary expenses for the maintenance and operation of hospitals, nursing homes, domiciliary facilities, and other necessary facilities of the Veterans Health Administration; for administrative expenses in support of planning, design, project management, real property acquisition and disposition, construction, and renovation of any facility under the jurisdiction or for the use of the Department; for oversight, engineering, and architectural activities not charged to project costs; for repairing, altering, improving, or providing facilities in the several hospitals and homes under the jurisdiction of the Department, not otherwise provided for, either by contract or by the hire of temporary employees and purchase of materials; for leases of facilities; and for laundry services; $1,500,000,000, which shall be in addition to funds previously appropriated under this heading that become available on October 1, 2022; and, in addition, $8,800,000,000, plus reimbursements, shall become available on October 1, 2023, and shall remain available until September 30, 2024: Provided, That, of the amount made available on October 1, 2023, under this heading, $500,000,000 shall remain available until September 30, 2025. medical and prosthetic research For necessary expenses in carrying out programs of medical and prosthetic research and development as authorized by chapter 73 of title 38, United States Code, $916,000,000, plus reimbursements, shall remain available until September 30, 2024: Provided, That the Secretary of Veterans Affairs shall ensure that sufficient amounts appropriated under this heading are available for prosthetic research specifically for female veterans, and for toxic exposure research. National Cemetery Administration For necessary expenses of the National Cemetery Administration for operations and maintenance, not otherwise provided for, including uniforms or allowances therefor; cemeterial expenses as authorized by law; purchase of one passenger motor vehicle for use in cemeterial operations; hire of passenger motor vehicles; and repair, alteration or improvement of facilities under the jurisdiction of the National Cemetery Administration, $430,000,000, of which not to exceed 10 percent shall remain available until September 30, 2024. Departmental Administration general administration (including transfer of funds) For necessary operating expenses of the Department of Veterans Affairs, not otherwise provided for, including administrative expenses in support of Department-wide capital planning, management and policy activities, uniforms, or allowances therefor; not to exceed $25,000 for official reception and representation expenses; hire of passenger motor vehicles; and reimbursement of the General Services Administration for security guard services, $425,000,000, of which not to exceed 10 percent shall remain available until September 30, 2024: Provided, That funds provided under this heading may be transferred to ``General Operating Expenses, Veterans Benefits Administration''. board of veterans appeals For necessary operating expenses of the Board of Veterans Appeals, $285,000,000, of which not to exceed 10 percent shall remain available until September 30, 2024. information technology systems (including transfer of funds) For necessary expenses for information technology systems and telecommunications support, including developmental information systems and operational information systems; for pay and associated costs; and for the capital asset acquisition of information technology systems, including management and related contractual costs of said acquisitions, including contractual costs associated with operations authorized by section 3109 of title 5, United States Code, $5,782,000,000, plus reimbursements: Provided, That $1,494,230,000 shall be for pay and associated costs, of which not to exceed 3 percent shall remain available until September 30, 2024: Provided further, That $4,145,678,000 shall be for operations and maintenance, of which not to exceed 5 percent shall remain available until September 30, 2024: Provided further, That $142,092,000 shall be for information technology systems development, and shall remain available until September 30, 2024: Provided further, That amounts made available for salaries and expenses, operations and maintenance, and information technology systems development may be transferred among the three subaccounts after the Secretary of Veterans Affairs requests from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued: Provided further, That amounts made available for the ``Information Technology Systems'' account for development may be transferred among projects or to newly defined projects: Provided further, That no project may be increased or decreased by more than $3,000,000 of cost prior to submitting a request to the Committees on Appropriations of both Houses of Congress to make the transfer and an approval is issued, or absent a response, a period of 30 days has elapsed: Provided further, That the funds made available under this heading for information technology systems development shall be for the projects, and in the amounts, specified under this heading in the explanatory statement accompanying this Act. veterans electronic health record For activities related to implementation, preparation, development, interface, management, rollout, and maintenance of a Veterans Electronic Health Record system, including contractual costs associated with operations authorized by section 3109 of title 5, United States Code, and salaries and expenses of employees hired under titles 5 and 38, United States Code, $1,759,000,000, to remain available until September 30, 2024: Provided, That the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress quarterly reports detailing obligations, expenditures, and deployment implementation by facility, including any changes from the deployment plan or schedule: Provided further, That the funds provided in this account shall only be available to the Office of the Deputy Secretary, to be administered by that Office: Provided further, That 25 percent of the funds made available under this heading shall not be available until July 1, 2023, and are contingent upon the Secretary of Veterans Affairs (1) being up to date on the quarterly reports on cost, performance metrics, and outcomes as required by the VA Electronic Health Record Transparency Act of 2021 (Public Law 117-154), and (2) providing a report comparing current estimated costs to the revised Life Cycle Cost Estimate and certifying and detailing any changes to the full deployment schedule, no later than 30 days prior to that date to the Committees on Appropriations. office of inspector general For necessary expenses of the Office of Inspector General, to include information technology, in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $273,000,000, of which not to exceed 10 percent shall remain available until September 30, 2024. construction, major projects For constructing, altering, extending, and improving any of the facilities, including parking projects, under the jurisdiction or for the use of the Department of Veterans Affairs, or for any of the purposes set forth in sections 316, 2404, 2406 and chapter 81 of title 38, United States Code, not otherwise provided for, including planning, architectural and engineering services, construction management services, maintenance or guarantee period services costs associated with equipment guarantees provided under the project, services of claims analysts, offsite utility and storm drainage system construction costs, and site acquisition, where the estimated cost of a project is more than the amount set forth in section 8104(a)(3)(A) of title 38, United States Code, or where funds for a project were made available in a previous major project appropriation, $1,447,890,000, of which $731,722,000 shall remain available until September 30, 2027, and of which $716,168,000 shall remain available until expended, of which $1,500,000 shall be available for seismic improvement projects and seismic program management activities, including for projects that would otherwise be funded by the Construction, Minor Projects, Medical Facilities or National Cemetery Administration accounts: Provided, That except for advance planning activities, including needs assessments which may or may not lead to capital investments, and other capital asset management related activities, including portfolio development and management activities, and planning, cost estimating, and design for major medical facility projects and major medical facility leases and investment strategy studies funded through the advance planning fund and the planning and design activities funded through the design fund, staffing expenses, and funds provided for the purchase, security, and maintenance of land for the National Cemetery Administration through the land acquisition line item, none of the funds made available under this heading shall be used for any project that has not been notified to Congress through the budgetary process or that has not been approved by the Congress through statute, joint resolution, or in the explanatory statement accompanying such Act and presented to the President at the time of enrollment: Provided further, That such sums as may be necessary shall be available to reimburse the ``General Administration'' account for payment of salaries and expenses of all Office of Construction and Facilities Management employees to support the full range of capital infrastructure services provided, including minor construction and leasing services: Provided further, That funds made available under this heading for fiscal year 2023, for each approved project shall be obligated: (1) by the awarding of a construction documents contract by September 30, 2023; and (2) by the awarding of a construction contract by September 30, 2024: Provided further, That the Secretary of Veterans Affairs shall promptly submit to the Committees on Appropriations of both Houses of Congress a written report on any approved major construction project for which obligations are not incurred within the time limitations established above: Provided further, That notwithstanding the requirements of section 8104(a) of title 38, United States Code, amounts made available under this heading for seismic improvement projects and seismic program management activities shall be available for the completion of both new and existing seismic projects of the Department. construction, minor projects For constructing, altering, extending, and improving any of the facilities, including parking projects, under the jurisdiction or for the use of the Department of Veterans Affairs, including planning and assessments of needs which may lead to capital investments, architectural and engineering services, maintenance or guarantee period services costs associated with equipment guarantees provided under the project, services of claims analysts, offsite utility and storm drainage system construction costs, and site acquisition, or for any of the purposes set forth in sections 316, 2404, 2406 and chapter 81 of title 38, United States Code, not otherwise provided for, where the estimated cost of a project is equal to or less than the amount set forth in section 8104(a)(3)(A) of title 38, United States Code, $626,110,000, of which $563,499,000 shall remain available until September 30, 2027, and of which $62,611,000 shall remain available until expended, along with unobligated balances of previous ``Construction, Minor Projects'' appropriations which are hereby made available for any project where the estimated cost is equal to or less than the amount set forth in such section: Provided, That funds made available under this heading shall be for: (1) repairs to any of the nonmedical facilities under the jurisdiction or for the use of the Department which are necessary because of loss or damage caused by any natural disaster or catastrophe; and (2) temporary measures necessary to prevent or to minimize further loss by such causes. grants for construction of state extended care facilities For grants to assist States to acquire or construct State nursing home and domiciliary facilities and to remodel, modify, or alter existing hospital, nursing home, and domiciliary facilities in State homes, for furnishing care to veterans as authorized by sections 8131 through 8137 of title 38, United States Code, $150,000,000, to remain available until expended. grants for construction of veterans cemeteries For grants to assist States and tribal organizations in establishing, expanding, or improving veterans cemeteries as authorized by section 2408 of title 38, United States Code, $50,000,000, to remain available until expended. Cost of War Toxic Exposures Fund For investment in the delivery of veterans health care associated with exposure to environmental hazards, the expenses incident to the delivery of veterans' health care and benefits associated with exposure to environmental hazards, and medical and other research relating to exposure to environmental hazards, as authorized by section 324 of title 38, United States Code, $1,400,000,000, to remain available until September 30, 2027: Provided, That not later than 30 days after the date of enactment of this Act, the Secretary of the Department of Veterans Affairs, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading for fiscal year 2023: Provided further, That the Secretary may not obligate, expend, or transfer any funds prior to approval by the Committees on Appropriations of both Houses of Congress of the expenditure plan required by this section or absent a response, a period of 30 days has elapsed. Administrative Provisions (including transfer of funds) Sec. 201. Any appropriation for fiscal year 2023 for ``Compensation and Pensions'', ``Readjustment Benefits'', and ``Veterans Insurance and Indemnities'' may be transferred as necessary to any other of the mentioned appropriations: Provided, That, before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and such Committees issue an approval, or absent a response, a period of 30 days has elapsed. (including transfer of funds) Sec. 202. Amounts made available for the Department of Veterans Affairs for fiscal year 2023, in this or any other Act, under the ``Medical Services'', ``Medical Community Care'', ``Medical Support and Compliance'', and ``Medical Facilities'' accounts may be transferred among the accounts: Provided, That any transfers among the ``Medical Services'', ``Medical Community Care'', and ``Medical Support and Compliance'' accounts of 1 percent or less of the total amount appropriated to the account in this or any other Act may take place subject to notification from the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress of the amount and purpose of the transfer: Provided further, That any transfers among the ``Medical Services'', ``Medical Community Care'', and ``Medical Support and Compliance'' accounts in excess of 1 percent, or exceeding the cumulative 1 percent for the fiscal year, may take place only after the Secretary requests from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued: Provided further, That any transfers to or from the ``Medical Facilities'' account may take place only after the Secretary requests from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued. Sec. 203. Appropriations available in this title for salaries and expenses shall be available for services authorized by section 3109 of title 5, United States Code; hire of passenger motor vehicles; lease of a facility or land or both; and uniforms or allowances therefore, as authorized by sections 5901 through 5902 of title 5, United States Code. Sec. 204. No appropriations in this title (except the appropriations for ``Construction, Major Projects'', and ``Construction, Minor Projects'') shall be available for the purchase of any site for or toward the construction of any new hospital or home. Sec. 205. No appropriations in this title shall be available for hospitalization or examination of any persons (except beneficiaries entitled to such hospitalization or examination under the laws providing such benefits to veterans, and persons receiving such treatment under sections 7901 through 7904 of title 5, United States Code, or the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the cost of such hospitalization or examination is made to the ``Medical Services'' account at such rates as may be fixed by the Secretary of Veterans Affairs. Sec. 206. Appropriations available in this title for ``Compensation and Pensions'', ``Readjustment Benefits'', and ``Veterans Insurance and Indemnities'' shall be available for payment of prior year accrued obligations required to be recorded by law against the corresponding prior year accounts within the last quarter of fiscal year 2022. Sec. 207. Appropriations available in this title shall be available to pay prior year obligations of corresponding prior year appropriations accounts resulting from sections 3328(a), 3334, and 3712(a) of title 31, United States Code, except that if such obligations are from trust fund accounts they shall be payable only from ``Compensation and Pensions''. (including transfer of funds) Sec. 208. Notwithstanding any other provision of law, during fiscal year 2023, the Secretary of Veterans Affairs shall, from the National Service Life Insurance Fund under section 1920 of title 38, United States Code, the Veterans' Special Life Insurance Fund under section 1923 of title 38, United States Code, and the United States Government Life Insurance Fund under section 1955 of title 38, United States Code, reimburse the ``General Operating Expenses, Veterans Benefits Administration'' and ``Information Technology Systems'' accounts for the cost of administration of the insurance programs financed through those accounts: Provided, That reimbursement shall be made only from the surplus earnings accumulated in such an insurance program during fiscal year 2023 that are available for dividends in that program after claims have been paid and actuarially determined reserves have been set aside: Provided further, That if the cost of administration of such an insurance program exceeds the amount of surplus earnings accumulated in that program, reimbursement shall be made only to the extent of such surplus earnings: Provided further, That the Secretary shall determine the cost of administration for fiscal year 2023 which is properly allocable to the provision of each such insurance program and to the provision of any total disability income insurance included in that insurance program. Sec. 209. Amounts deducted from enhanced-use lease proceeds to reimburse an account for expenses incurred by that account during a prior fiscal year for providing enhanced-use lease services shall be available until expended. (including transfer of funds) Sec. 210. Funds available in this title or funds for salaries and other administrative expenses shall also be available to reimburse the Office of Resolution Management, Diversity and Inclusion, the Office of Employment Discrimination Complaint Adjudication, and the Alternative Dispute Resolution function within the Office of Human Resources and Administration for all services provided at rates which will recover actual costs but not to exceed $86,481,000 for the Office of Resolution Management, Diversity and Inclusion, $6,812,000 for the Office of Employment Discrimination Complaint Adjudication, and $4,576,000 for the Alternative Dispute Resolution function within the Office of Human Resources and Administration: Provided, That payments may be made in advance for services to be furnished based on estimated costs: Provided further, That amounts received shall be credited to the ``General Administration'' and ``Information Technology Systems'' accounts for use by the office that provided the service. Sec. 211. No funds of the Department of Veterans Affairs shall be available for hospital care, nursing home care, or medical services provided to any person under chapter 17 of title 38, United States Code, for a non-service-connected disability described in section 1729(a)(2) of such title, unless that person has disclosed to the Secretary of Veterans Affairs, in such form as the Secretary may require, current, accurate third-party reimbursement information for purposes of section 1729 of such title: Provided, That the Secretary may recover, in the same manner as any other debt due the United States, the reasonable charges for such care or services from any person who does not make such disclosure as required: Provided further, That any amounts so recovered for care or services provided in a prior fiscal year may be obligated by the Secretary during the fiscal year in which amounts are received. (including transfer of funds) Sec. 212. Notwithstanding any other provision of law, proceeds or revenues derived from enhanced-use leasing activities (including disposal) may be deposited into the ``Construction, Major Projects'' and ``Construction, Minor Projects'' accounts and be used for construction (including site acquisition and disposition), alterations, and improvements of any medical facility under the jurisdiction or for the use of the Department of Veterans Affairs. Such sums as realized are in addition to the amount provided for in ``Construction, Major Projects'' and ``Construction, Minor Projects''. Sec. 213. Amounts made available under ``Medical Services'' are available-- (1) for furnishing recreational facilities, supplies, and equipment; and (2) for funeral expenses, burial expenses, and other expenses incidental to funerals and burials for beneficiaries receiving care in the Department. (including transfer of funds) Sec. 214. Such sums as may be deposited into the Medical Care Collections Fund pursuant to section 1729A of title 38, United States Code, may be transferred to the ``Medical Services'' and ``Medical Community Care'' accounts to remain available until expended for the purposes of these accounts. Sec. 215. The Secretary of Veterans Affairs may enter into agreements with Federally Qualified Health Centers in the State of Alaska and Indian Tribes and Tribal organizations which are party to the Alaska Native Health Compact with the Indian Health Service, to provide healthcare, including behavioral health and dental care, to veterans in rural Alaska. The Secretary shall require participating veterans and facilities to comply with all appropriate rules and regulations, as established by the Secretary. The term ``rural Alaska'' shall mean those lands which are not within the boundaries of the municipality of Anchorage or the Fairbanks North Star Borough. (including transfer of funds) Sec. 216. Such sums as may be deposited into the Department of Veterans Affairs Capital Asset Fund pursuant to section 8118 of title 38, United States Code, may be transferred to the ``Construction, Major Projects'' and ``Construction, Minor Projects'' accounts, to remain available until expended for the purposes of these accounts. Sec. 217. Not later than 30 days after the end of each fiscal quarter, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a report on the financial status of the Department of Veterans Affairs for the preceding quarter: Provided, That, at a minimum, the report shall include the direction contained in the paragraph entitled ``Quarterly reporting'', under the heading ``General Administration'' in the joint explanatory statement accompanying Public Law 114-223. (including transfer of funds) Sec. 218. Amounts made available under the ``Medical Services'', ``Medical Community Care'', ``Medical Support and Compliance'', ``Medical Facilities'', ``General Operating Expenses, Veterans Benefits Administration'', ``Board of Veterans Appeals'', ``General Administration'', and ``National Cemetery Administration'' accounts for fiscal year 2023 may be transferred to or from the ``Information Technology Systems'' account: Provided, That such transfers may not result in a more than 10 percent aggregate increase in the total amount made available by this Act for the ``Information Technology Systems'' account: Provided further, That, before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued. (including transfer of funds) Sec. 219. Of the amounts appropriated to the Department of Veterans Affairs for fiscal year 2023 for ``Medical Services'', ``Medical Community Care'', ``Medical Support and Compliance'', ``Medical Facilities'', ``Construction, Minor Projects'', and ``Information Technology Systems'', up to $330,140,000, plus reimbursements, may be transferred to the Joint Department of Defense-- Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2571) and may be used for operation of the facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided, That additional funds may be transferred from accounts designated in this section to the Joint Department of Defense--Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress: Provided further, That section 220 of title II of division J of Public Law 117-103 is repealed. (including transfer of funds) Sec. 220. Of the amounts appropriated to the Department of Veterans Affairs which become available on October 1, 2023, for ``Medical Services'', ``Medical Community Care'', ``Medical Support and Compliance'', and ``Medical Facilities'', up to $314,825,000, plus reimbursements, may be transferred to the Joint Department of Defense-- Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2571) and may be used for operation of the facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided, That additional funds may be transferred from accounts designated in this section to the Joint Department of Defense--Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress. (including transfer of funds) Sec. 221. Such sums as may be deposited into the Medical Care Collections Fund pursuant to section 1729A of title 38, United States Code, for healthcare provided at facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer to the Joint Department of Defense--Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2571); and (2) for operations of the facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided, That, notwithstanding section 1704(b)(3) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2573), amounts transferred to the Joint Department of Defense-- Department of Veterans Affairs Medical Facility Demonstration Fund shall remain available until expended. (including transfer of funds) Sec. 222. Of the amounts available in this title for ``Medical Services'', ``Medical Community Care'', ``Medical Support and Compliance'', and ``Medical Facilities'', a minimum of $15,000,000 shall be transferred to the DOD-VA Health Care Sharing Incentive Fund, as authorized by section 8111(d) of title 38, United States Code, to remain available until expended, for any purpose authorized by section 8111 of title 38, United States Code. Sec. 223. None of the funds available to the Department of Veterans Affairs, in this or any other Act, may be used to replace the current system by which the Veterans Integrated Service Networks select and contract for diabetes monitoring supplies and equipment. Sec. 224. The Secretary of Veterans Affairs shall notify the Committees on Appropriations of both Houses of Congress of all bid savings in a major construction project that total at least $5,000,000, or 5 percent of the programmed amount of the project, whichever is less: Provided, That such notification shall occur within 14 days of a contract identifying the programmed amount: Provided further, That the Secretary shall notify the Committees on Appropriations of both Houses of Congress 14 days prior to the obligation of such bid savings and shall describe the anticipated use of such savings. Sec. 225. None of the funds made available for ``Construction, Major Projects'' may be used for a project in excess of the scope specified for that project in the original justification data provided to the Congress as part of the request for appropriations unless the Secretary of Veterans Affairs receives approval from the Committees on Appropriations of both Houses of Congress. Sec. 226. Not later than 30 days after the end of each fiscal quarter, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a quarterly report containing performance measures and data from each Veterans Benefits Administration Regional Office: Provided, That, at a minimum, the report shall include the direction contained in the section entitled ``Disability claims backlog'', under the heading ``General Operating Expenses, Veterans Benefits Administration'' in the joint explanatory statement accompanying Public Law 114-223: Provided further, That the report shall also include information on the number of appeals pending at the Veterans Benefits Administration as well as the Board of Veterans Appeals on a quarterly basis. Sec. 227. The Secretary of Veterans Affairs shall provide written notification to the Committees on Appropriations of both Houses of Congress 15 days prior to organizational changes which result in the transfer of 25 or more full-time equivalents from one organizational unit of the Department of Veterans Affairs to another. Sec. 228. The Secretary of Veterans Affairs shall provide on a quarterly basis to the Committees on Appropriations of both Houses of Congress notification of any single national outreach and awareness marketing campaign in which obligations exceed $1,000,000. (including transfer of funds) Sec. 229. The Secretary of Veterans Affairs, upon determination that such action is necessary to address needs of the Veterans Health Administration, may transfer to the ``Medical Services'' account any discretionary appropriations made available for fiscal year 2023 in this title (except appropriations made to the ``General Operating Expenses, Veterans Benefits Administration'' account) or any discretionary unobligated balances within the Department of Veterans Affairs, including those appropriated for fiscal year 2023, that were provided in advance by appropriations Acts: Provided, That transfers shall be made only with the approval of the Office of Management and Budget: Provided further, That the transfer authority provided in this section is in addition to any other transfer authority provided by law: Provided further, That no amounts may be transferred from amounts that were designated by Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That such authority to transfer may not be used unless for higher priority items, based on emergent healthcare requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by Congress: Provided further, That, upon determination that all or part of the funds transferred from an appropriation are not necessary, such amounts may be transferred back to that appropriation and shall be available for the same purposes as originally appropriated: Provided further, That before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and receive approval of that request. (including transfer of funds) Sec. 230. Amounts made available for the Department of Veterans Affairs for fiscal year 2023, under the ``Board of Veterans Appeals'' and the ``General Operating Expenses, Veterans Benefits Administration'' accounts may be transferred between such accounts: Provided, That before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and receive approval of that request. Sec. 231. The Secretary of Veterans Affairs may not reprogram funds among major construction projects or programs if such instance of reprogramming will exceed $7,000,000, unless such reprogramming is approved by the Committees on Appropriations of both Houses of Congress. Sec. 232. (a) The Secretary of Veterans Affairs shall ensure that the toll-free suicide hotline under section 1720F(h) of title 38, United States Code-- (1) provides to individuals who contact the hotline immediate assistance from a trained professional; and (2) adheres to all requirements of the American Association of Suicidology. (b)(1) None of the funds made available by this Act may be used to enforce or otherwise carry out any Executive action that prohibits the Secretary of Veterans Affairs from appointing an individual to occupy a vacant civil service position, or establishing a new civil service position, at the Department of Veterans Affairs with respect to such a position relating to the hotline specified in subsection (a). (2) In this subsection-- (A) the term ``civil service'' has the meaning given such term in section 2101(1) of title 5, United States Code; and (B) the term ``Executive action'' includes-- (i) any Executive order, Presidential memorandum, or other action by the President; and (ii) any agency policy, order, or other directive. (c)(1) The Secretary of Veterans Affairs shall conduct a study on the effectiveness of the hotline specified in subsection (a) during the 5-year period beginning on January 1, 2016, based on an analysis of national suicide data and data collected from such hotline. (2) At a minimum, the study required by paragraph (1) shall-- (A) determine the number of veterans who contact the hotline specified in subsection (a) and who receive follow up services from the hotline or mental health services from the Department of Veterans Affairs thereafter; (B) determine the number of veterans who contact the hotline who are not referred to, or do not continue receiving, mental health care who commit suicide; and (C) determine the number of veterans described in subparagraph (A) who commit or attempt suicide. Sec. 233. Effective during the period beginning on October 1, 2018, and ending on January 1, 2024, none of the funds made available to the Secretary of Veterans Affairs by this or any other Act may be obligated or expended in contravention of the ``Veterans Health Administration Clinical Preventive Services Guidance Statement on the Veterans Health Administration's Screening for Breast Cancer Guidance'' published on May 10, 2017, as issued by the Veterans Health Administration National Center for Health Promotion and Disease Prevention. Sec. 234. (a) Notwithstanding any other provision of law, the amounts appropriated or otherwise made available to the Department of Veterans Affairs for the ``Medical Services'' account may be used to provide-- (1) fertility counseling and treatment using assisted reproductive technology to a covered veteran or the spouse of a covered veteran; or (2) adoption reimbursement to a covered veteran. (b) In this section: (1) The term ``service-connected'' has the meaning given such term in section 101 of title 38, United States Code. (2) The term ``covered veteran'' means a veteran, as such term is defined in section 101 of title 38, United States Code, who has a service-connected disability that results in the inability of the veteran to procreate without the use of fertility treatment. (3) The term ``assisted reproductive technology'' means benefits relating to reproductive assistance provided to a member of the Armed Forces who incurs a serious injury or illness on active duty pursuant to section 1074(c)(4)(A) of title 10, United States Code, as described in the memorandum on the subject of ``Policy for Assisted Reproductive Services for the Benefit of Seriously or Severely Ill/Injured (Category II or III) Active Duty Service Members'' issued by the Assistant Secretary of Defense for Health Affairs on April 3, 2012, and the guidance issued to implement such policy, including any limitations on the amount of such benefits available to such a member except that-- (A) the time periods regarding embryo cryopreservation and storage set forth in part III(G) and in part IV(H) of such memorandum shall not apply; and (B) such term includes embryo cryopreservation and storage without limitation on the duration of such cryopreservation and storage. (4) The term ``adoption reimbursement'' means reimbursement for the adoption-related expenses for an adoption that is finalized after the date of the enactment of this Act under the same terms as apply under the adoption reimbursement program of the Department of Defense, as authorized in Department of Defense Instruction 1341.09, including the reimbursement limits and requirements set forth in such instruction. (c) Amounts made available for the purposes specified in subsection (a) of this section are subject to the requirements for funds contained in section 508 of division H of the Consolidated Appropriations Act, 2018 (Public Law 115-141). Sec. 235. None of the funds appropriated or otherwise made available by this Act or any other Act for the Department of Veterans Affairs may be used in a manner that is inconsistent with: (1) section 842 of the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2) section 8110(a)(5) of title 38, United States Code. Sec. 236. Section 842 of Public Law 109-115 shall not apply to conversion of an activity or function of the Veterans Health Administration, Veterans Benefits Administration, or National Cemetery Administration to contractor performance by a business concern that is at least 51 percent owned by one or more Indian Tribes as defined in section 5304(e) of title 25, United States Code, or one or more Native Hawaiian Organizations as defined in section 637(a)(15) of title 15, United States Code. Sec. 237. (a) Except as provided in subsection (b), the Secretary of Veterans Affairs, in consultation with the Secretary of Defense and the Secretary of Labor, shall discontinue using Social Security account numbers to identify individuals in all information systems of the Department of Veterans Affairs as follows: (1) For all veterans submitting to the Secretary of Veterans Affairs new claims for benefits under laws administered by the Secretary, not later than March 23, 2023. (2) For all individuals not described in paragraph (1), not later than March 23, 2026. (b) The Secretary of Veterans Affairs may use a Social Security account number to identify an individual in an information system of the Department of Veterans Affairs if and only if the use of such number is required to obtain information the Secretary requires from an information system that is not under the jurisdiction of the Secretary. (c) The matter in subsections (a) and (b) shall supersede section 238 of Public Law 116-94. Sec. 238. For funds provided to the Department of Veterans Affairs for each of fiscal year 2023 and 2024 for ``Medical Services'', section 239 of division A of Public Law 114-223 shall apply. Sec. 239. None of the funds appropriated in this or prior appropriations Acts or otherwise made available to the Department of Veterans Affairs may be used to transfer any amounts from the Filipino Veterans Equity Compensation Fund to any other account within the Department of Veterans Affairs. Sec. 240. Of the funds provided to the Department of Veterans Affairs for each of fiscal year 2023 and fiscal year 2024 for ``Medical Services'', funds may be used in each year to carry out and expand the child care program authorized by section 205 of Public Law 111-163, notwithstanding subsection (e) of such section. Sec. 241. None of the funds appropriated or otherwise made available in this title may be used by the Secretary of Veterans Affairs to enter into an agreement related to resolving a dispute or claim with an individual that would restrict in any way the individual from speaking to members of Congress or their staff on any topic not otherwise prohibited from disclosure by Federal law or required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs. Sec. 242. For funds provided to the Department of Veterans Affairs for each of fiscal year 2023 and 2024, section 258 of division A of Public Law 114-223 shall apply. Sec. 243. (a) None of the funds appropriated or otherwise made available by this Act may be used to deny an Inspector General funded under this Act timely access to any records, documents, or other materials available to the department or agency over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or impede the access of the Inspector General to such records, documents, or other materials, under any provision of law, except a provision of law that expressly refers to such Inspector General and expressly limits the right of access. (b) A department or agency covered by this section shall provide its Inspector General access to all records, documents, and other materials in a timely manner. (c) Each Inspector General shall ensure compliance with statutory limitations on disclosure relevant to the information provided by the establishment over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.). (d) Each Inspector General covered by this section shall report to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives within 5 calendar days of any failure by any department or agency covered by this section to comply with this requirement. Sec. 244. None of the funds made available in this Act may be used in a manner that would increase wait times for veterans who seek care at medical facilities of the Department of Veterans Affairs. Sec. 245. None of the funds appropriated or otherwise made available by this Act to the Veterans Health Administration may be used in fiscal year 2023 to convert any program which received specific purpose funds in fiscal year 2022 to a general purpose funded program unless the Secretary of Veterans Affairs submits written notification of any such proposal to the Committees on Appropriations of both Houses of Congress at least 30 days prior to any such action and an approval is issued by the Committees. Sec. 246. For funds provided to the Department of Veterans Affairs for each of fiscal year 2023 and 2024, section 248 of division A of Public Law 114-223 shall apply. Sec. 247. (a) None of the funds appropriated or otherwise made available by this Act may be used to conduct research commencing on or after October 1, 2019, that uses any canine, feline, or non-human primate unless the Secretary of Veterans Affairs approves such research specifically and in writing pursuant to subsection (b). (b)(1) The Secretary of Veterans Affairs may approve the conduct of research commencing on or after October 1, 2019, using canines, felines, or non-human primates if the Secretary determines that-- (A) the scientific objectives of the research can only be met by using such canines, felines, or non-human primates; (B) such scientific objectives are directly related to an illness or injury that is combat-related; and (C) the research is consistent with the revised Department of Veterans Affairs canine research policy document dated December 15, 2017, including any subsequent revisions to such document. (2) The Secretary may not delegate the authority under this subsection. (c) If the Secretary approves any new research pursuant to subsection (b), not later than 30 days before the commencement of such research, the Secretary shall submit to the Committees on Appropriations of the Senate and House of Representatives a report describing-- (1) the nature of the research to be conducted using canines, felines, or non-human primates; (2) the date on which the Secretary approved the research; (3) the justification for the determination of the Secretary that the scientific objectives of such research could only be met using canines, felines, or non-human primates; (4) the frequency and duration of such research; and (5) the protocols in place to ensure the necessity, safety, and efficacy of the research. (d) Not later than 180 days after the date of the enactment of this Act, and biannually thereafter, the Secretary shall submit to such Committees a report describing-- (1) any research being conducted by the Department of Veterans Affairs using canines, felines, or non-human primates as of the date of the submittal of the report; (2) the circumstances under which such research was conducted using canines, felines, or non-human primates; (3) the justification for using canines, felines, or non- human primates to conduct such research; and (4) the protocols in place to ensure the necessity, safety, and efficacy of such research. (e) The Department shall implement a plan under which the Secretary will eliminate or reduce the research conducted using canines, felines, or non-human primates by not later than 5 years after the date of enactment of Public Law 116-94. Sec. 248. (a) The Secretary of Veterans Affairs may use amounts appropriated or otherwise made available in this title to ensure that the ratio of veterans to full-time employment equivalents within any program of rehabilitation conducted under chapter 31 of title 38, United States Code, does not exceed 125 veterans to one full-time employment equivalent. (b) Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the programs of rehabilitation conducted under chapter 31 of title 38, United States Code, including-- (1) an assessment of the veteran-to-staff ratio for each such program; and (2) recommendations for such action as the Secretary considers necessary to reduce the veteran-to-staff ratio for each such program. Sec. 249. Amounts made available for the ``Veterans Health Administration, Medical Community Care'' account in this or any other Act for fiscal years 2023 and 2024 may be used for expenses that would otherwise be payable from the Veterans Choice Fund established by section 802 of the Veterans Access, Choice, and Accountability Act, as amended (38 U.S.C. 1701 note). Sec. 250. Obligations and expenditures applicable to the ``Medical Services'' account in fiscal years 2017 through 2019 for aid to state homes (as authorized by section 1741 of title 38, United States Code) shall remain in the ``Medical Community Care'' account for such fiscal years. Sec. 251. Of the amounts made available for the Department of Veterans Affairs for fiscal year 2023, in this or any other Act, under the ``Veterans Health Administration--Medical Services'', ``Veterans Health Administration--Medical Community Care'', ``Veterans Health Administration--Medical Support and Compliance'', and ``Veterans Health Administration--Medical Facilities'' accounts, $911,119,000 shall be made available for gender-specific care and programmatic efforts to deliver care for women veterans. (rescission of funds) Sec. 252. (a) Any remaining unobligated balances in the ``Recurring Expenses Transformational Fund'' established in section 243 of division J of Public Law 114-113, are hereby rescinded immediately upon enactment of this Act. (b) An amount of additional new budget authority equivalent to the amount rescinded pursuant to subsection (a) is hereby appropriated, to remain available until expended, for facilities infrastructure improvements, including non-recurring maintenance, at existing hospitals and clinics of the Veterans Health Administration, and information technology systems improvements and sustainment, in addition to such other funds as may be available for such purposes, as follows: (1) 85 percent of the additional new budget authority shall be made available for an additional amount for ``Departmental Administration--Construction, Major Projects''; and (2) 15 percent of the additional new budget authority shall be made available for an additional amount for ``Departmental Administration--Construction, Minor Projects'': Provided, That prior to obligation of any of the funds provided in this subsection, the Secretary of Veterans Affairs must provide a plan for the execution of the funds appropriated in this subsection to the Committees on Appropriations of both Houses of Congress and such Committees issue an approval, or absent a response, a period of 30 days has elapsed. Sec. 253. Not later than 30 days after the end of each fiscal quarter, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a quarterly report on the status of the ``Veterans Medical Care and Health Fund'', established to execute section 8002 of the American Rescue Plan Act of 2021 (Public Law 117-2): Provided, That, at a minimum, the report shall include an update on obligations by program, project or activity and a plan for expending the remaining funds: Provided further, That the Secretary of Veterans Affairs must submit notification of any plans to reallocate funds from the current apportionment categories of ``Medical Services'', ``Medical Support and Compliance'', ``Medical Facilities'', ``Medical Community Care'', or ``Medical and Prosthetic Research'', including the amount and purpose of each reallocation to the Committees on Appropriations of both Houses of Congress and such Committees issue an approval, or absent a response, a period of 30 days has elapsed. Sec. 254. Any amounts transferred to the Secretary and administered by a corporation referred to in section 7364(b) of title 38, United States Code, between October 1, 2017 and September 30, 2018 for purposes of carrying out an order placed with the Department of Veterans Affairs pursuant to section 1535 of title 31, United States Code, that are available for obligation pursuant to section 7364(b)(1) of title 38, United States Code, are to remain available for the liquidation of valid obligations incurred by such corporation during the period of performance of such order, provided that the Secretary of Veterans Affairs determines that such amounts need to remain available for such liquidation. (rescissions of funds) Sec. 255. Of the unobligated balances available to the Department of Veterans Affairs from prior appropriations Acts, the following funds are hereby rescinded from the following accounts in the amounts specified: ``Asset and Infrastructure Review'', $5,000,000; and ``Departmental Administration--Veterans Electronic Health Record'', $82,174,000: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. Sec. 256. None of the funds in this or any other Act may be used to close Department of Veterans Affairs hospitals, domiciliaries, or clinics, conduct an environmental assessment, or to diminish healthcare services at existing Veterans Health Administration medical facilities as part of a planned realignment of services until the Secretary provides to the Committees on Appropriations of both Houses of Congress a report including an analysis of how any such planned realignment of services will impact access to care for veterans living in rural or highly rural areas, including travel distances and transportation costs to access a Department medical facility and availability of local specialty and primary care. TITLE III RELATED AGENCIES American Battle Monuments Commission salaries and expenses For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, including the acquisition of land or interest in land in foreign countries; purchases and repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase (one-for-one replacement basis only) and hire of passenger motor vehicles; not to exceed $15,000 for official reception and representation expenses; and insurance of official motor vehicles in foreign countries, when required by law of such countries, $86,800,000, to remain available until expended. foreign currency fluctuations account For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, such sums as may be necessary, to remain available until expended, for purposes authorized by section 2109 of title 36, United States Code. United States Court of Appeals for Veterans Claims salaries and expenses For necessary expenses for the operation of the United States Court of Appeals for Veterans Claims as authorized by sections 7251 through 7298 of title 38, United States Code, $46,900,000: Provided, That $3,385,000 shall be available for the purpose of providing financial assistance as described and in accordance with the process and reporting procedures set forth under this heading in Public Law 102- 229. Department of Defense--Civil Cemeterial Expenses, Army salaries and expenses For necessary expenses for maintenance, operation, and improvement of Arlington National Cemetery and Soldiers' and Airmen's Home National Cemetery, including the purchase or lease of passenger motor vehicles for replacement on a one-for-one basis only, and not to exceed $2,000 for official reception and representation expenses, $93,400,000, of which not to exceed $15,000,000 shall remain available until September 30, 2025. In addition, such sums as may be necessary for parking maintenance, repairs and replacement, to be derived from the ``Lease of Department of Defense Real Property for Defense Agencies'' account. construction For necessary expenses for planning and design and construction at Arlington National Cemetery and Soldiers' and Airmen's Home National Cemetery, $62,500,000, to remain available until expended, of which $2,500,000 shall be for study, planning and design and architect and engineering services for Memorial Avenue improvements project at Arlington National Cemetery; and $60,000,000 shall be for planning and design and construction associated with the Southern Expansion project. Armed Forces Retirement Home trust fund For expenses necessary for the Armed Forces Retirement Home to operate and maintain the Armed Forces Retirement Home--Washington, District of Columbia, and the Armed Forces Retirement Home--Gulfport, Mississippi, to be paid from funds available in the Armed Forces Retirement Home Trust Fund, $75,360,000, to remain available until September 30, 2024, of which $7,300,000 shall remain available until expended for construction and renovation of the physical plants at the Armed Forces Retirement Home--Washington, District of Columbia, and the Armed Forces Retirement Home--Gulfport, Mississippi: Provided, That of the amounts made available under this heading from funds available in the Armed Forces Retirement Home Trust Fund, $25,000,000 shall be paid from the general fund of the Treasury to the Trust Fund. Major Construction For an additional amount for necessary expenses related to design, planning, and construction for renovation of the Sheridan Building at the Armed Forces Retirement Home--Washington, $77,000,000, to remain available until expended, shall be paid from the general fund of the Treasury to the Armed Forces Retirement Home Trust Fund. Administrative Provision Sec. 301. Amounts deposited into the special account established under 10 U.S.C. 7727 are appropriated and shall be available until expended to support activities at the Army National Military Cemeteries. TITLE IV GENERAL PROVISIONS Sec. 401. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 402. None of the funds made available in this Act may be used for any program, project, or activity, when it is made known to the Federal entity or official to which the funds are made available that the program, project, or activity is not in compliance with any Federal law relating to risk assessment, the protection of private property rights, or unfunded mandates. Sec. 403. All departments and agencies funded under this Act are encouraged, within the limits of the existing statutory authorities and funding, to expand their use of ``E-Commerce'' technologies and procedures in the conduct of their business practices and public service activities. Sec. 404. Unless stated otherwise, all reports and notifications required by this Act shall be submitted to the Subcommittee on Military Construction and Veterans Affairs, and Related Agencies of the Committee on Appropriations of the House of Representatives and the Subcommittee on Military Construction and Veterans Affairs, and Related Agencies of the Committee on Appropriations of the Senate. Sec. 405. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government except pursuant to a transfer made by, or transfer authority provided in, this or any other appropriations Act. Sec. 406. (a) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public Web site of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest. (b) Subsection (a) shall not apply to a report if-- (1) the public posting of the report compromises national security; or (2) the report contains confidential or proprietary information. (c) The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days. Sec. 407. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. Sec. 408. None of the funds made available in this Act may be used by an agency of the executive branch to pay for first-class travel by an employee of the agency in contravention of sections 301-10.122 through 301-10.124 of title 41, Code of Federal Regulations. Sec. 409. None of the funds made available in this Act may be used to execute a contract for goods or services, including construction services, where the contractor has not complied with Executive Order No. 12989. Sec. 410. None of the funds made available by this Act may be used in contravention of section 101(e)(8) of title 10, United States Code. This Act may be cited as the ``Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2023''. <all>

Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2023

A bill making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2023, and for other purposes.

Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2023

Sen. Heinrich, Martin

D

NM

S.2958

Crime and Law Enforcement

Witness Security and Protection Grant Program Act of 2021 This bill directs the Department of Justice to award competitive matching grants to state, local, and tribal governments to establish or maintain witness protection programs in cases involving (1) a homicide, serious violent felony, or serious drug offense; or (2) gangs or organized crime.

To require the Attorney General to make competitive grants to State, tribal, and local governments to establish and maintain witness protection and assistance 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 ``Witness Security and Protection Grant Program Act of 2021''. SEC. 2. WITNESS PROTECTION GRANT PROGRAM. (a) Definitions.--In this section-- (1) the term ``applicant'' means a State, tribal, or local government that applies for a grant under this section; and (2) the terms ``serious drug offense'' and ``serious violent felony'' have the meaning given those terms in section 3559(c)(2) of title 18, United States Code. (b) Grants Required.--Subject to subsection (j), the Attorney General shall make competitive grants to State, tribal, and local governments to establish or maintain programs that provide protection or assistance to witnesses in court proceedings involving-- (1) a homicide, serious violent felony, or serious drug offense; or (2) gangs or organized crime. (c) Criteria.--In making grants under this section, the Attorney General shall evaluate applicants based upon the following: (1) The extent to which the applicant lacks infrastructure to support programs that provide protection or assistance to witnesses. (2) The prevalence of witness intimidation in the jurisdiction of the applicant. (3) The percentage of cases not prosecuted by the applicant due to witness intimidation. (4) The number of homicides per capita committed in the jurisdiction of the applicant. (5) The number of serious violent felonies or serious drug offenses per capita committed in the jurisdiction of the applicant. (6) The extent to which organized crime is present in the jurisdiction of the applicant. (7) Any other criteria that the Attorney General determines appropriate. (d) Technical Assistance.--From amounts made available under subsection (j) to carry out this section, the Attorney General, upon request of a recipient of a grant under this section, shall direct the appropriate offices within the Department of Justice to provide technical assistance to the recipient to the extent the Attorney General determines technical assistance is needed to establish or maintain a program that provides protection or assistance to witnesses. (e) Best Practices.-- (1) Report.--A recipient of a grant under this section shall submit to the Attorney General a report, in such form and manner and containing such information as specified by the Attorney General, that evaluates each program established or maintained pursuant to the grant, including policies and procedures under the program. (2) Development of best practices.--Based on the reports submitted under paragraph (1), the Attorney General shall develop best practice models to assist State, tribal, and local governments in addressing-- (A) witness safety; (B) short-term and permanent witness relocation; (C) financial and housing assistance; and (D) any other services related to witness protection or assistance that the Attorney General determines necessary. (3) Dissemination to states.--Not later than 1 year after developing best practice models under paragraph (2), the Attorney General shall disseminate the models to State, tribal, and local governments. (4) Sense of congress.--It is the sense of Congress that State, tribal, and local governments should use the best practice models developed and disseminated under this subsection to evaluate, improve, and develop witness protection or witness assistance programs as appropriate. (5) Rule of construction relating to sensitive information.--Nothing in this section shall be construed to require the dissemination of any information that the Attorney General determines-- (A) is law enforcement sensitive and should only be disclosed within the law enforcement community; or (B) poses a threat to national security. (f) Federal Share.-- (1) In general.--The Federal share of the cost of a program carried out using a grant made under this section shall be not more than 75 percent. (2) In-kind contributions.-- (A) In general.--Subject to subparagraph (B), the non-Federal share for a program carried out using a grant made under this section may be in the form of in- kind contributions that are directly related to the purpose for which the grant was made. (B) Maximum percentage.--Not more than 50 percent of the non-Federal share for a program carried out using a grant made under this section may be in the form of in-kind contributions. (g) Administrative Costs.--Of amounts made available to carry out this section for a fiscal year, the Attorney General may use not more than 5 percent for administrative costs. (h) Geographic Distribution.--In making grants under this section, the Attorney General shall-- (1) to the extent reasonable and practical, ensure an equitable geographical distribution throughout the United States of programs that provide protection or assistance to witnesses; and (2) give due consideration to applicants from both urban and rural areas. (i) Report to Congress.--The Attorney General shall submit a report to Congress-- (1) not later than the date that is 1 year after the date of enactment of this Act, on the implementation of this section, including any information on programs funded by grants made under this section; and (2) not later than the date that is 5 years after the date of enactment of this Act, on the programs funded by grants made under this section, including on best practice models developed under subsection (e)(2). (j) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2022 through 2026. <all>

Witness Security and Protection Grant Program Act of 2021

A bill to require the Attorney General to make competitive grants to State, tribal, and local governments to establish and maintain witness protection and assistance programs.

Witness Security and Protection Grant Program Act of 2021

Sen. Cardin, Benjamin L.

D

MD

H.R.9364

Foreign Trade and International Finance

Strengthening the African Continental Free Trade Area Act of 2022 or the Strengthening the AfCFTA Act of 2022 This bill requires the President to direct the U.S. Trade Representative to develop a 10-year federal strategy to promote the African Continental Free Trade Area (AfCFTA). Additionally, the U.S. Agency for International Development must establish an AfCFTA Trade Capacity Building Program to support the implementation of the strategy.

To promote the African Continental Free Trade Area, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening the African Continental Free Trade Area Act of 2022'' or the ``Strengthening the AfCFTA Act of 2022''. SEC. 2. FINDINGS. Congress finds the following: (1) By 2035, the gross domestic product of African countries is projected to increase by $450,000,000,000 with the implementation of the AfCFTA and lift 30,000,000 Africans out of extreme poverty while boosting the wages of African women and unskilled workers in particular, according to World Bank estimates. (2) According to the World Bank, the total intracontinental exports from African countries would increase by 81 percent under the AfCFTA. By economic sector, the AfCFTA is expected to be especially important for expanding manufacturing, by increasing intracontinental manufacturing exports by 110 percent, which will diversify African economies and decrease the reliance of such economies upon extracting natural resources. (3) The AfCFTA will also increase African manufacturing exports to the rest of the world by 46 percent. As a result of the AfCFTA creating new commercial opportunities and diversifying global supply chains, the rest of the world's gross domestic product is expected to increase by $76,000,000,000. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States to-- (1) support the African Union's Agenda 2063 efforts to promote regional economic development, diversification, and integration by stimulating greater trade and investment among African countries and between Africa and the global trade partners of Africa, notably including greater collaboration with the United States; (2) partner with the African Union Commission, African Union entities such as the African Continental Free Trade Area Secretariat, regional economic communities, and other intergovernmental African organizations to bolster trade and investment at the regional, intracontinental, and international levels; (3) increase opportunities for trade and investment between African countries and United States businesses, including those owned by members of the African diaspora, thereby contributing to potential United States economic growth; and (4) promote the goals of the African Continental Free Trade Area (AfCFTA), formed by the Agreement Establishing the African Continental Free Trade Area, done at Kigali, Rwanda on March 21, 2018, to simplify and expedite trade and investment among African countries and expand commercial opportunities for underserved groups, women, and youth entrepreneurs. SEC. 4. PRESIDENT'S STRATEGY TO PROMOTE THE AFRICAN CONTINENTAL FREE TRADE AREA. (a) Development of Strategy.-- (1) United states trade representative.--The President shall, using existing interagency trade policy development and coordination authority and mechanisms, direct the United States Trade Representative to develop a 10-year Federal strategy to promote the AfCFTA to achieve the following goals: (A) Improving the efficacy, efficiency, and coordination of United States development aid and technical assistance focusing on trade capacity building that is provided to African countries, regional communities, and intergovernmental or multinational entities, including to the AfCFTA Secretariat. (B) Implementing trade policy priorities of the AfCFTA developed in coordination with continental, regional, and country partners in Africa. (2) Elements.--The strategy developed pursuant to paragraph (1) shall also include policy or program plans to accomplish the following: (A) Increasing the volume and velocity of goods and services trade between African countries by improving customs operations, which may include-- (i) providing support for increased automation or online processing of customs and cross-border trade-related tasks; and (ii) supporting efforts-- (I) to ensure adequate access to reliable electrical power supplies and internet access to foster digitalization where necessary; and (II) to provide paper-based or other applicable technical alternatives at border crossings where electricity or internet access is unreliable or unavailable, including in coordination with the United States Power Africa initiative where applicable. (B) Expanding trade capacities and supporting trade-related infrastructure development, prioritizing major intra-African trade corridors. (C) Supporting the implementation and success of the AfCFTA and its goals as identified in consultation with African counterparts at the continental, regional, and country level, including by-- (i) advancing African regional and intracontinental alignment of trade-related legal and administrative procedures; (ii) strengthening the technical capacity of the AfCFTA Secretariat; and (iii) promoting the development and expansion of African regional economic communities as they pertain to fostering trade, including through direct consultation and partnership with the AfCFTA Secretariat. (D) Improving the efficacy of United States trade capacity building to support the AfCFTA's implementation, as appropriate, by preventing duplication of or incompatibility between the assistance activities of other major donors (such as nongovernmental organizations, other countries, and intergovernmental organizations) and the policies and projects included in the strategy. (E) Enabling more effective and inclusive participation of stakeholders, including those representing workers, environmental sustainability, women, youth, marginalized, or underrepresented groups, in the negotiation and implementation of the AfCFTA. (F) Increasing United States trade and investment to expand African regional value chains, especially as it relates to increasing manufacturing and production on the continent in industries expected to grow with the implementation of the AfCFTA. (G) Evaluating the industries in which the United States has a comparative advantage in Africa relative to other countries, and promote trade and investment within those industries, especially in industries expected to grow with the implementation of the AfCFTA. (3) Prior approval and biennial updates.--The strategy required by this subsection may only be developed through prior consultation with, and submitted with the approval of, the Trade Policy Staff Committee established pursuant to section 242(a) of the Trade Expansion Act of 1962 (19 U.S.C. 1872(a)). Such strategy shall also be updated biennially with such prior consultation and pursuant to such approval. (4) Consultation.--In developing the strategy described in this subsection, the United States Trade Representative shall, as appropriate and practicable, consult with-- (A) stakeholders in the United States and in Africa from the private sector, civil society, and African diaspora; (B) relevant African Union entities such as the AfCFTA Secretariat; (C) State, local, and Tribal governments; and (D) United States development agencies and entities not represented on the Trade Policy Staff Committee, such as the Prosper Africa Initiative, Millennium Challenge Corporation and Development Finance Corporation. (b) Initial Report.--Not later than 270 days after the date of the enactment of this Act, the President shall (subject to the prior approval required under subsection (a)(3)) submit to the relevant congressional committees an initial report that includes the strategy developed pursuant to subsection (a) and an implementation plan for such strategy that includes each of the following: (1) The rationale, objectives, and anticipated manner of implementation of the strategy. (2) The anticipated role of each agency represented in the interagency in the implementation of such strategy. (3) A summary of the current trade capacity-building programs, projects, and activities of the United States in support of the AfCFTA as of the date of the submission of the report, and the relationships between such programs, projects, and activities and the objectives of the strategy. (4) Any gaps, inefficiencies, or unmet needs identified in the course of preparing the summary described in paragraph (3). (5) Qualitative and quantitative goals and metrics for the implementation of the strategy, including the criteria to be used in monitoring and evaluating progress towards the objectives of the strategy. (6) Recommendations, in consultation with the Director of the Office of Management and Budget, relating to programmatic or appropriations measures that could potentially enhance the implementation of the strategy including legislative or executive policy changes for such enhanced implementation. (c) Biennial Update and Report.--Not later than 2 years after the submission of the initial report required by subsection (b), and every two years thereafter for 8 years, the President shall submit to the relevant congressional committees a report containing revisions and updates to the strategy required by subsection (a) and an assessment of the progress made in implementing the strategy as described in such initial report. Such biennial progress reports shall also include each of the following: (1) A description of the obligation and expenditure of all amounts made available to carry out the strategy during the preceding two fiscal years, disaggregated by fiscal year, account, and activity. (2) Notable successes and challenges relating to the implementation of the strategy. (3) An evaluation of the progress toward achieving the qualitative and quantitative goals and metrics included in the initial report pursuant to subsection (b)(5). (4) Any updates and revisions made to the criteria described in subsection (b)(5) and included in the initial report. (5) Updated recommendations as described in subsection (b)(7). (d) Final Report.--Not later than 10 years after the date of the submission of the initial report required by subsection (b), the President shall submit to the relevant congressional committees a report that assesses progress over the preceding decade of the strategy. Such report shall also include each of the following: (1) An assessment of the progress made in the implementation of the strategy over the preceding decade with respect to each of the goals described in subsection (a)(3), including with respect to the qualitative and quantitative goals and metrics included in the initial report pursuant to subsection (b)(5) and using the criteria described in such subsection (b)(5). (2) An assessment of the successes, challenges, and effectiveness of the strategy. (3) Recommended legislative or executive policy changes relevant to addressing any gaps, policy or program shortcomings, or other outstanding challenges relating to the goals of the strategy, along with descriptions of prospective follow-up activities necessary to address such challenges. (4) Recommendations relating to fostering further synergies between implementation of activities, as relevant and appropriate, relating to the African Growth and Opportunity Act (19 U.S.C. 3701 et seq.), the AfCFTA, and any other United States trade policy initiatives towards Africa, including types of activities and expected outcomes based on the implementation of the strategy. (5) A detailed description of the expenditure of all amounts authorized to implement the strategy throughout the 10- year period, including amounts appropriated pursuant to the authorization under section 5(b), disaggregated by fiscal year, account, and activity. (e) Publication.--Each report required by this section shall be submitted in unclassified form and may include a classified annex. The unclassified portion of each such report shall be posted on publicly available websites of the Office of the United States Trade Representative. SEC. 5. AFCFTA TRADE CAPACITY BUILDING PROGRAM. (a) Trade Capacity Building Implementation.--The Administrator of the United States Agency for International Development shall establish an AfCFTA Trade Capacity Building Program to support the implementation of the strategy required by section 4 through existing authorities granted by the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), in collaboration with continental, regional, and country partners in Africa. In carrying out such Program, the Administrator-- (1) may designate the Prosper Africa Initiative to administer the AfCFTA Trade Capacity Building Program; (2) may support multi-year and renewable activities with the AfCFTA Trade Capacity Building Program; (3) shall consult with the United States Trade Representative in making programmatic decisions; and (4) shall receive approval from the Trade Policy Staff Committee established pursuant to section 242(a) of the Trade Expansion Act of 1962 (19 U.S.C. 1872(a)) for all activities for which funds are planned to be made available (including any transfers to other Federal departments, agencies, or entities) in a fiscal year from the AfCFTA Trade Capacity Building Program before the start of such fiscal year. (b) Authorization of Appropriations.--There is authorized to be appropriated $200,000,000 for each of fiscal years 2025 through 2034 for the United States Agency for International Development to carry out the AfCFTA Trade Capacity Building Program described in subsection (a). Amounts so authorized-- (1) shall be in addition to amounts otherwise authorized for existing projects, programs, and activities that support the goals of such Program; (2) may also be made available for consulting or technical services, equipment, new personnel, or other project-related administrative expenses associated with the development, implementation, and reporting requirements of the President's strategy required by section 4(a); and (3) are authorized to be transferred from the United States Agency for International Development to other appropriate Federal departments or agencies to the extent provided in advance by appropriations Acts. SEC. 6. RULE OF CONSTRUCTION. Nothing in this Act may be construed to-- (1) limit any authority or responsibility of the United States Trade Representative relating to the establishment or implementation of the trade policies of the United States (including under section 141 of the Trade Act of 1974 (19 U.S.C. 2171)); or (2) transfer any such authority or responsibility to the Administrator of the United States Agency for International Development. SEC. 7. DEFINITIONS. In this Act: (1) AfCFTA.--The term ``AfCFTA'' means the African Continental Free Trade Area authorized to be created under the Agreement Establishing the African Continental Free Trade Area, adopted by its African Union signatories in Kigali, Rwanda, on March 21, 2018. (2) Relevant congressional committees.--The term ``relevant congressional committees'' means the following: (A) The Committee on Foreign Affairs, the Committee on Ways and Means, and the Committee on Appropriations of the House of Representatives. (B) The Committee on Foreign Relations, the Committee on Finance, and the Committee on Appropriations of the Senate. <all>

Strengthening the AfCFTA Act of 2022

To promote the African Continental Free Trade Area, and for other purposes.

Strengthening the AfCFTA Act of 2022 Strengthening the African Continental Free Trade Area Act of 2022

Rep. Bass, Karen

D

CA

H.R.892

Health

Pre-existing Conditions Protection Act of 2021 This bill reestablishes requirements for private health insurance plans with respect to preexisting conditions, guaranteed enrollment, and discrimination based on health-related factors if they are repealed by another law. In such event, the bill prohibits private health insurance plans from (1) limiting or excluding benefits covering preexisting conditions; (2) denying enrollment to employers or individual applicants, subject to specified limits; (3) establishing rules for eligibility based on an individual's health status; or (4) requiring an individual to a pay higher premium than similarly situated individuals enrolled in the plan based the individual's health status. The bill also prohibits plans from collecting genetic information in connection with issuing health insurance and provides requirements for workplace wellness programs connected to health insurance.

To amend the Public Health Service Act to prohibit application of pre- existing condition exclusions and to guarantee availability of health insurance coverage in the individual and group market, contingent on the enactment of legislation repealing the Patient Protection and Affordable Care 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 ``Pre-existing Conditions Protection Act of 2021''. SEC. 2. PROHIBITION OF PRE-EXISTING CONDITION EXCLUSIONS. (a) Group Market.--Subject to section 6(a) of this Act, subpart 1 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.), as restored or revived pursuant to PPACA repeal legislation described in section 6(b) of this Act, is amended by striking section 2701 and inserting the following: ``SEC. 2701. PROHIBITION OF PRE-EXISTING CONDITION EXCLUSIONS. ``(a) In General.--A group health plan or a health insurance issuer offering group health insurance coverage may not impose any pre- existing condition exclusion with respect to such plan or coverage. ``(b) Definitions.--For purposes of this section: ``(1) Pre-existing condition exclusion.-- ``(A) In general.--The term `pre-existing condition exclusion' means, with respect to a group health plan or health insurance coverage, a limitation or exclusion of benefits relating to a condition based on the fact that the condition was present before the date of enrollment in such plan or for such coverage, whether or not any medical advice, diagnosis, care, or treatment was recommended or received before such date. ``(B) Treatment of genetic information.--Genetic information shall not be treated as a pre-existing condition in the absence of a diagnosis of the condition related to such information. ``(2) Date of enrollment.--The term `date of enrollment' means, with respect to an individual covered under a group health plan or health insurance coverage, the date of enrollment of the individual in the plan or coverage or, if earlier, the first day of the waiting period for such enrollment. ``(3) Waiting period.--The term `waiting period' means, with respect to a group health plan and an individual who is a potential participant or beneficiary in the plan, the period that must pass with respect to the individual before the individual is eligible to be covered for benefits under the terms of the plan.''. (b) Individual Market.--Subject to section 6(a) of this Act, subpart 1 of part B of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-41 et seq.), as restored or revived pursuant to PPACA repeal legislation described in section 6(b) of this Act, is amended by adding at the end the following: ``SEC. 2746. PROHIBITION OF PRE-EXISTING CONDITION EXCLUSIONS OR OTHER DISCRIMINATION BASED ON HEALTH STATUS. ``The provisions of section 2701 shall apply to health insurance coverage offered to individuals by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in the group market.''. SEC. 3. GUARANTEED AVAILABILITY OF COVERAGE. (a) Group Market.--Subject to section 6(a) of this Act, subpart 3 of part A of title XXVII of the Public Health Service Act, as restored or revived pursuant to PPACA repeal legislation described in section 6(b) of this Act, is amended by striking section 2711 (42 U.S.C. 300gg- 11) and inserting the following: ``SEC. 2711. GUARANTEED AVAILABILITY OF COVERAGE. ``(a) Guaranteed Issuance of Coverage in the Group Market.--Subject to subsection (b), each health insurance issuer that offers health insurance coverage in the group market in a State shall accept every employer and every individual in a group in the State that applies for such coverage. ``(b) Enrollment.-- ``(1) Restriction.--A health insurance issuer described in subsection (a) may restrict enrollment in coverage described in such subsection to open or special enrollment periods. ``(2) Establishment.--A health insurance issuer described in subsection (a) shall establish special enrollment periods for qualifying events (as such term is defined in section 603 of the Employee Retirement Income Security Act of 1974).''. (b) Individual Market.--Subject to section 6(a) of this Act, subpart 1 of part B of title XXVII of the Public Health Service Act, as restored or revived pursuant to PPACA repeal legislation described in section 6(b) of this Act, is amended by striking section 2741 of such Act (42 U.S.C. 300gg-41) and inserting the following: ``SEC. 2741. GUARANTEED AVAILABILITY OF COVERAGE. ``The provisions of section 2711 shall apply to health insurance coverage offered to individuals by a health insurance issuer in the individual market in the same manner as such provisions apply to health insurance coverage offered to employers by a health insurance issuer in connection with health insurance coverage in the group market. For purposes of this section, the Secretary shall treat any reference of the word `employer' in such section as a reference to the term `individual'.''. SEC. 4. PROHIBITING DISCRIMINATION AGAINST INDIVIDUAL PARTICIPANTS AND BENEFICIARIES BASED ON HEALTH STATUS. (a) Group Market.--Subject to section 6(a) of this Act, section 2702 of the Public Health Service Act, as restored or revived pursuant to PPACA repeal legislation described in section 6(b) of this Act, is amended to read as follows: ``SEC. 2702. PROHIBITING DISCRIMINATION AGAINST INDIVIDUAL PARTICIPANTS AND BENEFICIARIES BASED ON HEALTH STATUS. ``(a) In General.--A group health plan and a health insurance issuer offering group health insurance coverage may not establish rules for eligibility (including continued eligibility) of any individual to enroll under the terms of the plan or coverage based on any of the following health status-related factors in relation to the individual or a dependent of the individual: ``(1) Health status. ``(2) Medical condition (including both physical and mental illnesses). ``(3) Claims experience. ``(4) Receipt of health care. ``(5) Medical history. ``(6) Genetic information. ``(7) Evidence of insurability (including conditions arising out of acts of domestic violence). ``(8) Disability. ``(9) Any other health status-related factor determined appropriate by the Secretary. ``(b) In Premium Contributions.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, may not require any individual (as a condition of enrollment or continued enrollment under the plan) to pay a premium or contribution which is greater than such premium or contribution for a similarly situated individual enrolled in the plan on the basis of any health status-related factor in relation to the individual or to an individual enrolled under the plan as a dependent of the individual. ``(2) Construction.--Nothing in paragraph (1) shall be construed-- ``(A) to restrict the amount that an employer or individual may be charged for coverage under a group health plan except as provided in paragraph (3); or ``(B) to prevent a group health plan, and a health insurance issuer offering group health insurance coverage, from establishing premium discounts or rebates or modifying otherwise applicable copayments or deductibles in return for adherence to programs of health promotion and disease prevention. ``(3) No group-based discrimination on basis of genetic information.-- ``(A) In general.--For purposes of this section, a group health plan, and health insurance issuer offering group health insurance coverage, may not adjust premium or contribution amounts for the group covered under such plan on the basis of genetic information. ``(B) Rule of construction.--Nothing in subparagraph (A) or in paragraphs (1) and (2) of subsection (d) shall be construed to limit the ability of a health insurance issuer offering group health insurance coverage to increase the premium for an employer based on the manifestation of a disease or disorder of an individual who is enrolled in the plan. In such case, the manifestation of a disease or disorder in one individual cannot also be used as genetic information about other group members and to further increase the premium for the employer. ``(c) Genetic Testing.-- ``(1) Limitation on requesting or requiring genetic testing.--A group health plan, and a health insurance issuer offering health insurance coverage in connection with a group health plan, shall not request or require an individual or a family member of such individual to undergo a genetic test. ``(2) Rule of construction.--Paragraph (1) shall not be construed to limit the authority of a health care professional who is providing health care services to an individual to request that such individual undergo a genetic test. ``(3) Rule of construction regarding payment.-- ``(A) In general.--Nothing in paragraph (1) shall be construed to preclude a group health plan, or a health insurance issuer offering health insurance coverage in connection with a group health plan, from obtaining and using the results of a genetic test in making a determination regarding payment (as such term is defined for the purposes of applying the regulations promulgated by the Secretary under part C of title XI of the Social Security Act and section 264 of the Health Insurance Portability and Accountability Act of 1996, as may be revised from time to time) consistent with subsection (a). ``(B) Limitation.--For purposes of subparagraph (A), a group health plan, or a health insurance issuer offering health insurance coverage in connection with a group health plan, may request only the minimum amount of information necessary to accomplish the intended purpose. ``(4) Research exception.--Notwithstanding paragraph (1), a group health plan, or a health insurance issuer offering health insurance coverage in connection with a group health plan, may request, but not require, that a participant or beneficiary undergo a genetic test if each of the following conditions is met: ``(A) The request is made pursuant to research that complies with part 46 of title 45, Code of Federal Regulations, or equivalent Federal regulations, and any applicable State or local law or regulations for the protection of human subjects in research. ``(B) The plan or issuer clearly indicates to each participant or beneficiary, or in the case of a minor child, to the legal guardian of such beneficiary, to whom the request is made that-- ``(i) compliance with the request is voluntary; and ``(ii) non-compliance will have no effect on enrollment status or premium or contribution amounts. ``(C) No genetic information collected or acquired under this paragraph shall be used for underwriting purposes. ``(D) The plan or issuer notifies the Secretary in writing that the plan or issuer is conducting activities pursuant to the exception provided for under this paragraph, including a description of the activities conducted. ``(E) The plan or issuer complies with such other conditions as the Secretary may by regulation require for activities conducted under this paragraph. ``(d) Prohibition on Collection of Genetic Information.-- ``(1) In general.--A group health plan, and a health insurance issuer offering health insurance coverage in connection with a group health plan, shall not request, require, or purchase genetic information for underwriting purposes (as defined in section 2791). ``(2) Prohibition on collection of genetic information prior to enrollment.--A group health plan, and a health insurance issuer offering health insurance coverage in connection with a group health plan, shall not request, require, or purchase genetic information with respect to any individual prior to such individual's enrollment under the plan or coverage in connection with such enrollment. ``(3) Incidental collection.--If a group health plan, or a health insurance issuer offering health insurance coverage in connection with a group health plan, obtains genetic information incidental to the requesting, requiring, or purchasing of other information concerning any individual, such request, requirement, or purchase shall not be considered a violation of paragraph (2) if such request, requirement, or purchase is not in violation of paragraph (1). ``(e) Genetic Information of a Fetus or Embryo.--Any reference in this part to genetic information concerning an individual or family member of an individual shall-- ``(1) with respect to such an individual or family member of an individual who is a pregnant woman, include genetic information of any fetus carried by such pregnant woman; and ``(2) with respect to an individual or family member utilizing an assisted reproductive technology, include genetic information of any embryo legally held by the individual or family member. ``(f) Programs of Health Promotion or Disease Prevention.-- ``(1) General provisions.-- ``(A) General rule.--For purposes of subsection (b)(2)(B), a program of health promotion or disease prevention (referred to in this subsection as a `wellness program') shall be a program offered by an employer that is designed to promote health or prevent disease that meets the applicable requirements of this subsection. ``(B) No conditions based on health status factor.--If none of the conditions for obtaining a premium discount or rebate or other reward for participation in a wellness program is based on an individual satisfying a standard that is related to a health status factor, such wellness program shall not violate this section if participation in the program is made available to all similarly situated individuals and the requirements of paragraph (2) are complied with. ``(C) Conditions based on health status factor.--If any of the conditions for obtaining a premium discount or rebate or other reward for participation in a wellness program is based on an individual satisfying a standard that is related to a health status factor, such wellness program shall not violate this section if the requirements of paragraph (3) are complied with. ``(2) Wellness programs not subject to requirements.--If none of the conditions for obtaining a premium discount or rebate or other reward under a wellness program as described in paragraph (1)(B) are based on an individual satisfying a standard that is related to a health status factor (or if such a wellness program does not provide such a reward), the wellness program shall not violate this section if participation in the program is made available to all similarly situated individuals. The following programs shall not have to comply with the requirements of paragraph (3) if participation in the program is made available to all similarly situated individuals: ``(A) A program that reimburses all or part of the cost for memberships in a fitness center. ``(B) A diagnostic testing program that provides a reward for participation and does not base any part of the reward on outcomes. ``(C) A program that encourages preventive care related to a health condition through the waiver of the copayment or deductible requirement under group health plan for the costs of certain items or services related to a health condition (such as prenatal care or well- baby visits). ``(D) A program that reimburses individuals for the costs of smoking cessation programs without regard to whether the individual quits smoking. ``(E) A program that provides a reward to individuals for attending a periodic health education seminar. ``(3) Wellness programs subject to requirements.--If any of the conditions for obtaining a premium discount, rebate, or reward under a wellness program as described in paragraph (1)(C) is based on an individual satisfying a standard that is related to a health status factor, the wellness program shall not violate this section if the following requirements are complied with: ``(A) The reward for the wellness program, together with the reward for other wellness programs with respect to the plan that requires satisfaction of a standard related to a health status factor, shall not exceed 30 percent of the cost of employee-only coverage under the plan. If, in addition to employees or individuals, any class of dependents (such as spouses or spouses and dependent children) may participate fully in the wellness program, such reward shall not exceed 30 percent of the cost of the coverage in which an employee or individual and any dependents are enrolled. For purposes of this paragraph, the cost of coverage shall be determined based on the total amount of employer and employee contributions for the benefit package under which the employee is (or the employee and any dependents are) receiving coverage. A reward may be in the form of a discount or rebate of a premium or contribution, a waiver of all or part of a cost- sharing mechanism (such as deductibles, copayments, or coinsurance), the absence of a surcharge, or the value of a benefit that would otherwise not be provided under the plan. The Secretaries of Labor, Health and Human Services, and the Treasury may increase the reward available under this subparagraph to up to 50 percent of the cost of coverage if the Secretaries determine that such an increase is appropriate. ``(B) The wellness program shall be reasonably designed to promote health or prevent disease. A program complies with the preceding sentence if the program has a reasonable chance of improving the health of, or preventing disease in, participating individuals and it is not overly burdensome, is not a subterfuge for discriminating based on a health status factor, and is not highly suspect in the method chosen to promote health or prevent disease. ``(C) The plan shall give individuals eligible for the program the opportunity to qualify for the reward under the program at least once each year. ``(D) The full reward under the wellness program shall be made available to all similarly situated individuals. For such purpose, among other things: ``(i) The reward is not available to all similarly situated individuals for a period unless the wellness program allows-- ``(I) for a reasonable alternative standard (or waiver of the otherwise applicable standard) for obtaining the reward for any individual for whom, for that period, it is unreasonably difficult due to a medical condition to satisfy the otherwise applicable standard; and ``(II) for a reasonable alternative standard (or waiver of the otherwise applicable standard) for obtaining the reward for any individual for whom, for that period, it is medically inadvisable to attempt to satisfy the otherwise applicable standard. ``(ii) If reasonable under the circumstances, the plan or issuer may seek verification, such as a statement from an individual's physician, that a health status factor makes it unreasonably difficult or medically inadvisable for the individual to satisfy or attempt to satisfy the otherwise applicable standard. ``(E) The plan or issuer involved shall disclose in all plan materials describing the terms of the wellness program the availability of a reasonable alternative standard (or the possibility of waiver of the otherwise applicable standard) required under subparagraph (D). If plan materials disclose that such a program is available, without describing its terms, the disclosure under this subparagraph shall not be required. ``(g) Existing Programs.--Nothing in this section shall prohibit a program of health promotion or disease prevention that was established prior to the date of enactment of this section and applied with all applicable regulations, and that is operating on such date, from continuing to be carried out for as long as such regulations remain in effect. ``(h) Regulations.--Nothing in this section shall be construed as prohibiting the Secretaries of Labor, Health and Human Services, or the Treasury from promulgating regulations in connection with this section.''. (b) Individual Market.--Subject to section 6(a) of this Act, subpart 1 of part B of title XXVII of the Public Health Service Act, as restored or revived pursuant to PPACA repeal legislation described in section 6(b) of this Act and amended by section 2(b), is further amended by adding at the end the following: ``SEC. 2747. PROHIBITING DISCRIMINATION AGAINST INDIVIDUAL PARTICIPANTS AND BENEFICIARIES BASED ON HEALTH STATUS. ``The provisions of section 2702 (other than subsections (b)(2)(B) and (f) of such section) shall apply to health insurance coverage offered to individuals by a health insurance issuer in the individual market in the same manner as such provisions apply to health insurance coverage offered to employers by a health insurance issuer in connection with health insurance coverage in the group market.''. SEC. 5. INCORPORATION INTO ERISA AND INTERNAL REVENUE CODE. (a) ERISA.--Subpart B of part 7 of subtitle A of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181 et seq.) is amended by adding at the end the following: ``SEC. 715. ADDITIONAL MARKET REFORMS. ``Sections 2701, 2702, and 2711 shall apply to group health plans, and health insurance issuers providing health insurance coverage in connection with group health plans, as if included in this subpart, and to the extent that any provision of this part conflicts with a provision of such a section with respect to group health plans, or health insurance issuers providing health insurance coverage in connection with group health plans, the provisions of such section shall apply.''. (b) IRC.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``SEC. 9815. ADDITIONAL MARKET REFORMS. ``Sections 2701, 2702, and 2711 shall apply to group health plans, and health insurance issuers providing health insurance coverage in connection with group health plans, as if included in this subchapter, and to the extent that any provision of this subchapter conflicts with a provision of such a section with respect to group health plans, or health insurance issuers providing health insurance coverage in connection with group health plans, the provisions of such section shall apply.''. SEC. 6. EFFECTIVE DATE CONTINGENT ON REPEAL OF PPACA. (a) In General.--Sections 2, 3, 4, and 5 and the amendments made by such sections shall take effect upon the enactment of PPACA repeal legislation described in subsection (b) and such sections and amendments shall have no force or effect if such PPACA repeal legislation is not enacted. (b) PPACA Repeal Legislation Described.--For purposes of subsection (a), PPACA repeal legislation described in this subsection is legislation that-- (1) repeals Public Law 111-148, and restores or revives the provisions of law amended or repealed, respectively, by such Act as if such Act had not been enacted and without further amendment to such provisions of law; and (2) repeals title I and subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and restores or revives the provisions of law amended or repealed, respectively, by such title or subtitle, respectively, as if such title and subtitle had not been enacted and without further amendment to such provisions of law. <all>

Pre-existing Conditions Protection Act of 2021

To amend the Public Health Service Act to prohibit application of pre-existing condition exclusions and to guarantee availability of health insurance coverage in the individual and group market, contingent on the enactment of legislation repealing the Patient Protection and Affordable Care Act, and for other purposes.

Pre-existing Conditions Protection Act of 2021

Rep. McMorris Rodgers, Cathy

R

WA

H.R.852

Armed Forces and National Security

United States-Israel PTSD Collaborative Research Act This bill establishes a grant program for collaborative efforts between the United States and Israel to advance research on post-traumatic stress disorders. The Department of Defense, in coordination with the Department of Veterans Affairs and the Department of State, shall award grants to eligible academic institutions or nonprofit entities in the United States. Work shall be conducted by the eligible entity and an entity in Israel under a joint research agreement.

To direct the Secretary of Defense to carry out a grant program to increase cooperation on post-traumatic stress disorder research between the United States and Israel. Be it enacted by the Senate 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-Israel PTSD Collaborative Research Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Department of Veterans Affairs reports that between 11 and 20 percent of veterans who served in Operation Iraqi Freedom and Operation Enduring Freedom have post-traumatic stress disorder (PTSD) in a given year. In addition, that figure amounts to about 12 percent of Gulf War veterans and up to 30 percent of Vietnam veterans. (2) The Department of Veterans Affairs reports that among women veterans of the conflicts in Iraq and Afghanistan, almost 20 percent have been diagnosed with PTSD. (3) In the United States, it is thought that 70 percent of Americans have experienced at least one traumatic event in their lifetime, and approximately 20 percent of those persons have struggled or continue to struggle with symptoms of PTSD. (4) Studies show that PTSD has links to homelessness and substance abuse in the United States. The Department of Veterans Affairs estimates that approximately 11 percent of the homeless population are veterans and the Substance Abuse and Mental Health Services Administration estimates that about 7 percent of veterans have a substance abuse disorder. (5) Our ally Israel, under constant attack from terrorist groups, experiences similar issues with Israeli veterans facing PTSD symptoms. Tel Aviv University's National Center for Traumatic Stress and Resilience found that 5 to 8 percent of combat soldiers experience some form of PTSD, and during wartime, that figure rises to 15 to 20 percent. (6) Current treatment options in the United States focus on cognitive therapy, exposure therapy, or eye movement desensitization and reprocessing, but the United States must continue to look for more effective treatments. Several leading Israeli hospitals, academic institutions, and nonprofits dedicate research and services to treating PTSD. SEC. 3. GRANT PROGRAM FOR INCREASED COOPERATION ON POST-TRAUMATIC STRESS DISORDER RESEARCH BETWEEN UNITED STATES AND ISRAEL. (a) Sense of Congress.--It is the sense of Congress that the Secretary of Defense, acting through the Psychological Health and Traumatic Brain Injury Research Program, should seek to explore scientific collaboration between American academic institutions and nonprofit research entities, and Israeli institutions with expertise in researching, diagnosing, and treating post-traumatic stress disorder. (b) Grant Program.--The Secretary of Defense, in coordination with the Secretary of Veterans Affairs and the Secretary of State, shall award grants to eligible entities to carry out collaborative research between the United States and Israel with respect to post-traumatic stress disorders. The Secretary of Defense shall carry out the grant program under this section in accordance with the agreement titled ``Agreement Between the Government of the United States of America and the Government of Israel on the United States-Israel Binational Science Foundation'', dated September 27, 1972. (c) Eligible Entities.--To be eligible to receive a grant under this section, an entity shall be an academic institution or a nonprofit entity located in the United States. (d) Award.--The Secretary shall award grants under this section to eligible entities that-- (1) carry out a research project that-- (A) addresses a requirement in the area of post- traumatic stress disorders that the Secretary determines appropriate to research using such grant; and (B) is conducted by the eligible entity and an entity in Israel under a joint research agreement; and (2) meet such other criteria that the Secretary may establish. (e) Application.--To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such commitments and information as the Secretary may require. (f) Gift Authority.--The Secretary may accept, hold, and administer, any gift of money made on the condition that the gift be used for the purpose of the grant program under this section. Such gifts of money accepted under this subsection shall be deposited in the Treasury in the Department of Defense General Gift Fund and shall be available, subject to appropriation, without fiscal year limitation. (g) Reports.--Not later than 180 days after the date on which an eligible entity completes a research project using a grant under this section, the Secretary shall submit to Congress a report that contains-- (1) a description of how the eligible entity used the grant; and (2) an evaluation of the level of success of the research project. (h) Termination.--The authority to award grants under this section shall terminate on the date that is 7 years after the date on which the first such grant is awarded. <all>

United States-Israel PTSD Collaborative Research Act

To direct the Secretary of Defense to carry out a grant program to increase cooperation on post-traumatic stress disorder research between the United States and Israel.

United States-Israel PTSD Collaborative Research Act

Rep. Waltz, Michael

R

FL

H.R.8298

Armed Forces and National Security

Junior Reserve Officers' Training Corps Expansion Act of 2022 This bill requires the Department of Defense to develop a plan to increase the total number of units of the Junior Reserve Officers' Training Corps to ensure that there is reasonable access to such units in each geographic region of the United States by September 30, 2031.

To direct the Secretary of Defense to develop a plan to ensure reasonable access to the Junior Reserve Officers' Training Corps, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Junior Reserve Officers' Training Corps Expansion Act of 2022''. SEC. 2. PLAN TO ENSURE REASONABLE ACCESS TO THE JUNIOR RESERVE OFFICERS' TRAINING CORPS. (a) Plan Required.--The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop a plan to increase the total number of units of the Junior Reserve Officers' Training Corps to ensure that there is reasonable access to such units in each geographic region of the United States by not later than September 30, 2031. (b) Elements.--The plan required under subsection (a) shall include the following: (1) A proposal to increase the total number of units of the Junior Reserve Officers' Training Corps to ensure reasonable access for students throughout the United States. (2) The estimated cost of implementing the proposed increase in the number of such units. (3) A prioritized list of the States and regions in which the Secretary proposes adding additional units. (4) Actions the Secretary expects to carry out to ensure adequate representation and fair access to such units for students in all regions of the United States, including rural and remote areas and in underrepresented States. (5) To the extent appropriate, modifications to the requirements for such units, including the requirements applicable to instructors, to accommodate units in rural areas and small schools. (6) A plan to increase school and community awareness of Junior Reserve Officers' Training Corps programs in underrepresented areas. (c) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that includes the plan developed under subsection (a). (d) Reasonable Access Defined.--In this section, the term ``reasonable access'', when used with respect to units of the Junior Reserve Officers' Training Corps, means a level of access determined by the Secretary of Defense to be reasonable taking into account the demand for student participation, the availability of instructors, and the physical distance between units. <all>

Junior Reserve Officers’ Training Corps Expansion Act of 2022

To direct the Secretary of Defense to develop a plan to ensure reasonable access to the Junior Reserve Officers' Training Corps, and for other purposes.

Junior Reserve Officers’ Training Corps Expansion Act of 2022

Rep. Bacon, Don

R

NE

H.R.5762

Health

National Domestic Violence Prevention Action Plan Act of 2021 This bill establishes an interagency steering committee within the Department of Health and Human Services (HHS) to expand, intensify, and coordinate federal and nonfederal actions to prevent domestic violence. HHS may include nonfederal subject matter experts if necessary to carry out the committee's activities. Specifically, the committee must develop an action plan to guide a whole-of-government, goal-oriented approach to domestic violence prevention. The committee must include, as part of the plan, a national media campaign to engage with the public on matters concerning domestic violence prevention.

To establish a National Domestic Violence Prevention Action Plan to expand, intensify, and coordinate domestic violence prevention efforts among Federal, State, local, and Tribal government agencies and with other relevant stakeholders, and for other purposes. Be it enacted by the Senate 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 Domestic Violence Prevention Action Plan Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) Domestic violence is a serious public health problem and more than 10 million individuals experience domestic violence in the United States each year. (2) According to the National Intimate Partner and Sexual Violence Survey in the United States-- (A) more than 1 in 4 women and nearly 1 in 10 men will experience contact sexual violence, physical violence, or stalking by an intimate partner and experience an intimate partner violence related impact in their lifetime; and (B) approximately 1 in 4 women and 1 in 7 men experience severe physical violence by an intimate partner in their lifetime. (3) More than half of female homicides are connected to intimate partner violence and in a domestic violence situation the presence of a gun increases the risk of homicide by 500 percent. (4) While domestic violence can affect anyone, research indicates that communities of color, individuals with disabilities, LGBTQ+ individuals, and other marginalized communities can be disproportionately impacted. (5) Domestic violence leads to the loss of nearly 8 million days of work each year the lifetime economic burden on victims is $3.6 trillion, in which the government pays approximately $1.3 trillion (37 percent) of the burden. (6) The United Nations has urged countries to adopt national action plans to combat gender-based violence and violence against women, including domestic violence, and approximately 50 countries, including Canada, the United Kingdom, Australia, Germany, Spain, and Ireland, have adopted such plans. (7) The United States does not have a national plan of action on domestic violence or gender-based violence, making it a global outlier. (8) While the Violence Against Women Act (VAWA) enacted in 1984 and the Family Violence Prevention and Services Act (FVPSA) enacted in 1995 are the United States landmark pieces of domestic violence legislation and have many of the hallmarks of a national action plan on domestic violence prevention, from the public health and the enforcement perspectives, respectively, the United States does not have a whole-of- government, goal-oriented, community-informed, forward-looking national plan of action for domestic violence prevention. (9) In 1995, the Office on Violence Against Women (OVW) was created within the Department of Justice (DOJ) to administer grants authorized under VAWA and offer financial and technical assistance to communities across the United States that are working to develop and maintain programs, policies, and practices geared towards responding to domestic violence, dating violence, sexual assault, and stalking. (10) In 2002, OVW was codified through Title IV of the 21st Century Department of Justice Appropriations Act (Public Law 107-273). (11) The FVPSA is the primary Federal resource dedicated to the provision of domestic violence shelters, supportive services, and related programming for victims of domestic/ dating violence and their dependents. (12) The FVPSA Program administers State and Territorial Formula Grants, Native American Tribes Formula Grants, State and Territory Domestic Violence Coalitions Grants, Discretionary Grants, Specialized Services to Abused Parents and their Children, Training and Technical Assistance Resource Centers Grants, and the National Domestic Violence Hotline Grant. The FVPSA authorizes 4 major activities that: (A) Assist States and Tribes in efforts to prevent domestic violence and dating violence. (B) Provide immediate shelter and supportive services for victims of domestic violence and their dependents. (C) Provide for a National Domestic Violence Hotline. (D) Provide for technical assistance and training relating to domestic violence and domestic violence programs to States, Tribes, public agencies, community- based programs and the public. (13) Since 1996, the Centers for Disease Control and Prevention (CDC) has awarded DELTA funding to State Domestic Violence Coalitions (SDVCs) to coordinate specific prevention activities. (14) Overall approximately 18 States have received DELTA funding at some point since the programs creation. However, only nine States currently benefit from this funding. (15) According to the CDC, DELTA focuses on implementing three strategies with the goal of addressing and decreasing community and societal level risk, identifying factors in communities that may lead to intimate partner violence and increasing protective factors that prevent it by-- (A) engaging influential adults and peers; (B) creating protective environments; and (C) strengthening economic supports for families. (16) In 1993, the FVPSA established 4 national training and technical assistance resource centers to support, train, and assist domestic violence shelters, community-based organizations, victim advocates, and other professionals in the provision of safe housing and supportive services to domestic violence survivors and their dependents. These resource centers include the National Resource Center on Domestic Violence (NRCDV), the Health Resource Center on Domestic Violence, the Resource Center on Domestic Violence: Child Protection and Custody, and the Battered Women's Justice Project (BWJP). In later years, additional resource centers were established to focus on culturally specific populations, Tribes and sovereign nations, American Indian/Alaska Natives, children exposed to domestic violence, mental and behavioral health services, housing, LGBTQ services, and other critical service intersections to meet the needs of survivors. With respect to these resource centers: (A) The purpose of these resource centers, known collectively as the Domestic Violence Resource Network (DVRN), is to engage in individual and collective strategic action to advance public policy, institutional change, community responses, and prevention initiatives that integrate and respond to the diverse realities and needs of survivors, their families, and their communities. (B) The individual advocacy efforts of DVRN members are informed by the wide range of expertise within the network and strengthened by opportunities for critical thinking and robust discussion of cross-cutting policy and practice issues. (C) In 2021, the FVPSA provides funding for two national resource centers, four special issue resource centers, three culturally specific resource centers, five emerging issue resource centers, one statewide Alaska Native resource center, and the National Domestic Violence Hotline and StrongHearts Native Helpline. (D) The National Indian Women's Resource Center (NIWRC) is dedicated to restoring sovereignty to Native nations and safeguarding Native survivors and families from domestic, sexual, and intersecting violence. (E) The NRCDV believes that domestic violence is preventable. NRCDV builds the capacity of individuals, organizations, systems, and communities to strengthen and transform their efforts to end domestic violence through comprehensive technical assistance, training, resource development, and research. (F) The Special Issue Resource Centers are national in scope and enhance domestic violence and dating violence intervention and prevention efforts in: (i) Criminal and civil justice systems. (ii) Child protective services and child custody. (iii) Health care systems. (iv) Mental health systems. (G) The Culturally Specific Special Issue Resource Centers enhance intervention and prevention efforts for victims of domestic violence for members of racial and ethnic minority groups, including: African American, Asian American/Pacific Islander, and Latino/Latina. (H) FVPSA's emerging issue resource centers expand the capacity of domestic violence organizations, Tribes and Tribal organizations, and other professionals to provide evidence informed promising practices, policy changes, resources, and research to ensure effective services to victims of domestic violence and their dependents at the intersections of housing, gender identity and sexual orientation, organizational capacity building, and children's exposure to trauma. (I) The statewide Alaska Native Women's Resource Center strengthens local Tribal governments' responses through community organizing efforts to advocate for the safety of women and children in their communities and homes through the voices, languages, and teachings of Tribes at statewide, national, and international levels for life-saving changes needed in laws, policies, and social norms. (J) The national hotlines are vital services designed to provide healthy relationship education, tools, and support to help survivors of domestic violence live their lives free of abuse-- 24 hours a day, seven days a week, 365 days a year, including a helpline for American Indians and Alaska Natives, offering culturally appropriate support and advocacy. (17) Many Federal agencies respond to domestic violence by providing formula-based and discretionary grants to local, State, and Tribal governments, courts, nonprofits organizations, community-based organizations, schools, institutions of higher education, special-issue resource centers and State and Tribal coalitions for the purpose of supporting victims and holding perpetrators accountable for their actions associated with domestic violence. These Federal agencies include the following: (A) The Department of Defense administers the congressionally mandated Family Advocacy Program (FAP) which is devoted to providing clinical assessment, supportive services, and treatment in response to domestic violence, as well as reporting domestic abuse in military families annually to Congress. (B) The Department of State supports numerous programs that address domestic violence globally through its human rights and humanitarian activities, including those housed in the Office of Global Women's Issues that supports anti-gender-based violence (GBV) programs and promotes awareness. (C) Through their agency-wide efforts to address gender inequality and gender-based violence, the U.S. Agency for International Development (USAID) supports programs that aim to prevent and respond to domestic violence globally through its work in development, global health, and humanitarian assistance. (D) The Indian Country Crimes Unit (ICCU) at the Federal Bureau of Investigation (FBI) is responsible for developing and implementing strategies, programs, and policies to address identified crimes problems in Indian country, including but not limited to, initiatives related to domestic violence and sex offenses, program management, and support for the Safe Trails Task Force. (E) The Office of Justice Services at the Bureau of Indian Affairs (BIA-OJS), the Federal Bureau of Investigation (FBI), and Tribal governments share jurisdiction in handling crimes, including domestic violence, on Tribal lands. (F) The FBI collects data on victim-offender relationships, including through the National-Incident Based Reporting System. (G) The Department of Education administers the Student Support and Academic Enrichment Grant program, authorized under Title IV-A of the Elementary and Secondary Education Act, which provides formula grants to State educational agencies and local educational agencies that may be used to support violence prevention programs and activities. (H) The Higher Education Act (HEA) requires institutions of higher education (IHE) to include in their annual security report (ASR) a statement of policy regarding the IHE's programs to prevent domestic violence, dating violence, and other related crimes, and procedures that the IHE will follow once an incident of domestic or dating violence has been reported. (I) The Department of Housing and Urban Development (HUD), in conjunction with the Department of Health and Human Services (HHS) and the Department of Justice (DOJ), funds housing programs for individuals and families who are fleeing or attempting to flee their home due to domestic violence, sexual assault, or stalking, as well as oversees the Domestic Violence Housing Technical Assistance Consortium through the Safe Housing Partnership that provides technical assistance to community providers on housing and domestic violence. (J) U.S. Citizenship and Immigration Services (USCIS) at the Department of Homeland Security (DHS) accepts applications and assist survivors of domestic violence in becoming lawful permanent residents through VAWA self-petitions. (18) Survivors of domestic violence are affected by the programs of all Federal agencies, even if those agencies have not currently put into place specific programs to support survivors. (19) Responses to domestic violence have focused, to date, primarily on intervention after the problem has already been identified and harm has occurred. However, there are prevention strategies and prevention approaches from the public health field that can serve as models for further development of domestic violence prevention, such as a public health campaign that identifies and addresses the underlying causes of the issues. (20) Domestic violence prevention should be addressed along a continuum of possible harm: (A) Primary prevention to reduce the incidence of domestic violence before it occurs. (B) Secondary prevention to decrease the prevalence of domestic violence after early signs of such violence. (C) Tertiary prevention to intervene once domestic violence is already clearly evident and causing harm. (21) Early evaluations of existing prevention programs show promise, but results are still preliminary and programs remain small, locally based, and scattered throughout the United States. (22) The United States needs a broadly based, comprehensive prevention strategy that is supported by sound research and evaluation, receives adequate public backing, and is based on a policy of zero tolerance for domestic violence. SEC. 3. NATIONAL DOMESTIC VIOLENCE PREVENTION ACTION PLAN STEERING COMMITTEE. (a) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall establish a national domestic violence prevention action plan steering committee (referred to in this Act as the ``Steering Committee''). (b) Duties.--The Steering Committee shall-- (1) create the ``National Domestic Violence Prevention Action Plan'' (referred to in this Act as the ``Action Plan'') to expand, intensify, and coordinate domestic violence prevention efforts among Federal, State, local, and Tribal government agencies and with other relevant stakeholders to ensure a whole-of-government, goal-oriented, community- informed, forward-looking approach in addressing domestic violence prevention pursuant to section 4; (2) develop methods and recommendations of programs needed to effectively implement the Action Plan; (3) establish goals for implementation of the Action Plan and evaluation methods for ensuring that such goals are met; (4) identify resources needed from Congress necessary to implement the Action Plan; (5) coordinate stakeholders pursuant to subsection (d); (6) as necessary, develop a program of activities pursuant to section 4(c); and (7) develop a national media campaign pursuant to section 4(d), to be included in the Action Plan, to promote a whole-of- government, goal-oriented, community-informed, forward-looking approach toward domestic violence prevention in the United States. (c) Chair; Composition.-- (1) Chair.--The Steering Committee shall be chaired by the Secretary of Health and Human Services. The Chair of the Steering Committee-- (A) shall convene and preside over any meeting of the Steering Committee; (B) shall set the meeting agenda for the Steering Committee; (C) shall coordinate the Steering Committee's work; (D) may appoint subject matter experts, including experts from nongovernmental organizations, as determined necessary to carry out the duties of the Steering Committee; and (E) may as appropriate to deal with particular subject matters, establish subcommittees of the Steering Committee. (2) Composition.--The Steering Committee shall be composed of the following individuals or a designee made by such individual: (A) The Attorney General. (B) The Assistant Secretary for Planning and Evaluation at the Department of Health and Human Services. (C) The Director of the Office on Women's Health at the Department of Health and Human Services. (D) The Administrator of the Office on Violence Against Women at the Department of Justice. (E) The Administrator of the Division of Violence Prevention at the Center for Disease Control and Prevention. (F) The Administrator of the Division of Injury Prevention at the Center for Disease Control and Prevention. (G) The Administrator of the Office of Juvenile Justice and Delinquency Prevention at the Department of Justice. (H) The Administrator of the Office of Victim of Crimes at the Department of Justice. (I) The Secretary of Education at the Department of Education. (J) The Deputy Bureau Director for Justice Service at the Bureau of Indian Affairs within the Department of Interior. (K) Any other subject matter experts, including experts from nongovernmental organizations, the Chair determines necessary to carry out the duties of the Steering Committee. (d) Coordination of Stakeholders.--In creating the Action Plan, the Steering Committee shall identify and collaborate with government and non-government stakeholders to create the Action Plan. Stakeholders shall include those who may be affected by the Action Plan, including Federal, State, local, Tribal government officials, public health agencies, health care providers, early childhood and child care providers, domestic violence advocacy groups, faith-based organizations, educational agencies, military branches, community-based and culturally specific child, and family serving organizations. (e) Existing Authorities and Responsibilities.--The duties of the Steering Committee shall not be construed to diminish, supersede, or replace any other responsibility, authority, or role of any member of the Steering Committee. SEC. 4. NATIONAL DOMESTIC VIOLENCE PREVENTION ACTION PLAN. (a) Creation of Action Plan.--The Steering Committee shall create the Action Plan, setting forth a comprehensive plan to expand, intensify, and coordinate domestic violence prevention efforts among Federal, State, local, and Tribal government agencies and with other relevant stakeholders to ensure a whole-of-government, goal-oriented, community-informed, forward-looking approach in addressing domestic violence prevention in the United States. (b) Content of Action Plan.--The Action Plan shall include: (1) A mission statement detailing the desired outcome and goals of major objectives of the Action Plan. (2) A list of objectives to: (A) Expand, intensify, and coordinate domestic violence prevention efforts among Federal, State, local, and Tribal government agencies and with other relevant stakeholders to ensure a whole-of-government, goal-oriented, community-informed, forward-looking approach in addressing domestic violence prevention in the United States. (B) Intensify domestic violence prevention efforts by addressing the continuum of possible harm, including encouraging recognition of the following: (I) Primary prevention to reduce the incidence of domestic violence before it occurs. (ii) Secondary prevention to decrease the prevalence of domestic violence after early signs of such violence. (iii) Tertiary prevention to intervene once domestic violence is already clearly evident and causing harm. (C) Encourage the implementation of existing domestic violence prevention efforts throughout Federal, State, local, and Tribal government agencies, as well as public health agencies, health care providers, early childhood and child care providers, domestic violence advocacy groups, faith-based organizations, educational agencies, military branches, and community-based and culturally specific child and family serving organizations. (D) Improve the methods of evaluation for domestic violence prevention through targeted data collection and analysis of such data. (E) Increase research opportunities to enhance the effectiveness and long-term benefits of domestic violence prevention programs and efforts. (F) Enhance public awareness of domestic violence prevention programs by establishing a national media awareness campaign focused primarily on education and prevention. (3) A description of the current prevalence and severity of any and all forms of domestic violence in the United States. (4) A description of the current prevalence of domestic violence prevention programs in the United States. (5) A description of other statistical data and information as the Steering Committee considers appropriate to demonstrate and assess trends relating to any and all forms of domestic violence and domestic violence prevention, and the implementation of the Action Plan. (6) Comprehensive, research-based, long-term, quantifiable goals for expanding, intensifying, and coordinating domestic violence prevention efforts among Federal, State, local, and Tribal government agencies and with other relevant stakeholders to ensure a whole-of-government, goal-oriented, community- informed, forward-looking approach in addressing domestic violence prevention in the United States. (7) Five-year projections and recommendations for Federal funding needed to achieve the objectives of the Action Plan. (8) Clear descriptions of the role of the Steering Committee and the role of each member of the Steering Committee in facilitating the development and fulfilling the objectives of the Action Plan. (9) A review of international, Federal, State, local, Tribal, and private sector domestic violence prevention programs and activities to ensure that the United States pursues coordinated and effective domestic violence prevention programs and activities at all levels of government. (10) A description of how each objective under paragraph (2) was determined, including the following: (A) A description of each required consultation pursuant to Section 3(d) and a description of how such consultation was incorporated. (B) Provision of data, research, or other information used to inform the determination to establish each goal. (11) A description of how each objective under paragraph (2) will be achieved, including for each goal the following: (A) A list of relevant professional groups, such as public health leaders, health care providers, early childhood and child care providers, domestic violence service providers and prevention specialists, faith- based leaders, educators, leaders of the Armed Forces, and community-based and culturally specific child and family serving organizations, and related programs, activities, that each group operates. (B) A list of relevant Federal, State, local, and Tribal programs and activities with respect to domestic violence prevention. (C) A list of the role that programs and activities identified in subparagraphs (A) and (B) have in meeting the objectives under paragraph (2). (D) An estimate of Federal funding and other resources needed to achieve each objective. (E) A list of each existing or needed coordination between government and nongovernment stakeholders for each objective. (F) A description of the Steering Committee's role in facilitating the achievement of each objective. (12) A list identifying existing data sources, and a description of data collection needed to evaluate the effectiveness of domestic violence prevention efforts, including a description of how the Steering Committee will obtain such data. (13) A list of any anticipated challenges to achieving the goals of the Action Plan and planned actions to address such challenges. (14) Identification of methods to implement the Action Plan. (15) Recommendations on research, programs, activities, and resources necessary to achieve the goals of the Action Plan. (c) Program of Activities.--As necessary, the Steering Committee may include in the Action Plan a coherent, comprehensive, and sustained program of activities that includes actions to expand, intensify, and coordinate domestic violence prevention efforts among Federal, State, local, and Tribal government agencies and all States and Tribal communities to ensure a whole-of-government, goal-oriented, community- informed, forward-looking approach in addressing domestic violence prevention in the United States. Such programs may-- (1) embrace a human rights-based approach that acknowledges that domestic violence is a violation of human rights and accounts for the disparate impact of domestic violence on marginalized communities; (2) address prevention of any and all forms of domestic violence, including all violence that happens across the life course, including violence in public and private spheres, violence in the workplace, including within the Armed Forces of the United States, and violence in other contexts; (3) address the root causes, prevalence, and impact of any and all forms of domestic violence, including social and cultural norms and other associated factors; (4) tailor strategies to address factors, including but not limited to, race, color, religion, national or social origin, marital status, housing status, sexual orientation, HIV/AIDS status, migrant or refugee status, age, disability, or any other relevant characteristics and any of these in combination that contribute to higher rates of any and all forms of domestic violence; (5) identify gaps in any and all existing domestic violence prevention programs with the goal of addressing the gaps in future work; (6) support government and non-government organizations and community networks to drive activity at the State and local level and ensure coordinated action across all States and localities; (7) support independent research on emerging issues that impact any and all forms of domestic violence; (8) collect, analyze, and communicate comprehensive qualitative and quantitative data, disaggregated by sex, race, age, ethnicity, and other relevant characteristics, on the nature, prevalence, and impact of any and all forms of domestic violence; (9) increase the number and quality of professional relationships involved in the prevention of any and all forms of domestic violence; and (10) support broader efforts to ensure gender equality and engage people of all genders and sexualities in combating any and all forms of domestic violence. (d) Media Campaign.-- (1) In general.--The Steering Committee shall include in the action plan a media campaign to facilitate and direct an ongoing and meaningful engagement with the public with respect to domestic violence prevention. (2) Purpose.--The purpose of the media campaign shall be to: (A) Educate the public on prevention of any and all forms of domestic violence. (B) Engage with the public on bystander empowerment and education. (C) Teach safe and healthy relationship skills through social-emotional learning. (D) Create protective environments through improved school climate, workplace climate, community climate, as well as Federal, State, local, and Tribal policies. (E) Disrupt the developmental pathways towards domestic violence through parenting and family relationship programs, treatment for at-risk children, faith-based programs, and other culturally specific programming. (F) Combat the stigmas associated with any and all forms of domestic violence. (3) Content of media campaign.--The media campaign shall include: (A) The development of national, local, regional, or population specific messaging, including messaging specific to professional groups, such as public health leaders, health care providers, early childhood and child care providers, domestic violence providers, faith-based leaders, educators, military leaders, and community-based and culturally specific child and family serving organizations. (B) The development of social media campaigns to reach targeted populations. (C) The development of a website to publicize and disseminate information. (D) The development of informational and educational pamphlets and brochures. (E) The development of webinars to educate and provide support. (e) Reporting.--Not later than the first Monday in October two years after the date of enactment, and biannually thereafter, the Steering Committee shall submit to Congress in written form the Action Plan and as applicable any updates of the implementation of the Action Plan. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $25 million for each of the fiscal years 2021 through 2025 to the Department of Health and Human Services, of which-- (1) $20 million, each fiscal year, to carry out this Act; and (2) $5 million, each fiscal year, for administrative services, facilities, staff, and other support services necessary to complete the duties of the Steering Committee. SEC. 6. DEFINITIONS. In this Act: (1) Domestic violence.--The term ``domestic violence'' includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitation with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction. (2) State.--The term ``State'' means each of the several States and the District of Columbia, and the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands. <all>

National Domestic Violence Prevention Action Plan Act of 2021

To establish a National Domestic Violence Prevention Action Plan to expand, intensify, and coordinate domestic violence prevention efforts among Federal, State, local, and Tribal government agencies and with other relevant stakeholders, and for other purposes.

National Domestic Violence Prevention Action Plan Act of 2021

Rep. Wexton, Jennifer

D

VA

H.R.3916

Social Welfare

Strengthening Social Security for Long Career Workers Act This bill increases Social Security benefits for certain lifetime low earners. Specifically, it establishes a new method to calculate the Special Minimum Primary Insurance Amount (PIA) for workers who become eligible for benefits after calendar year 2027. The Special Minimum PIA is an alternative benefit formula that increases benefits paid to workers who earn low wages throughout their careers and, under current law, is adjusted annually based on price growth. This bill revises the method of calculating the Special Minimum PIA by tying it to the national average wage index, which generally grows faster than the price index currently being used.

To amend title II of the Social Security Act to strengthen Social Security for long career workers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Social Security for Long Career Workers Act''. SEC. 2. STRENGTHENING SOCIAL SECURITY FOR LONG CAREER WORKERS. (a) In General.--Section 215(a)(1) of the Social Security Act (42 U.S.C. 415(a)(1)) (as amended by section 101) is further amended-- (1) by redesignating subparagraph (E) (as redesignated by section 101) as subparagraph (F); and (2) by inserting after subparagraph (D) (as redesignated by section 101) the following new subparagraph: ``(E)(i) In the case of an individual who initially becomes eligible for old-age or disability insurance benefits, or who dies (before becoming eligible for such benefits), in any calendar year after 2027, the primary insurance amount computed under subparagraph (A) with respect to the individual shall not be less than the greater of-- ``(I) the minimum amount computed under subparagraph (C), or ``(II) except as provided in clause (iv), in the case of an individual who has at least 10 years of work (as defined in clause (iii)), the minimum amount determined under clause (ii). ``(ii)(I) The minimum amount determined under this clause is the dollar amount equal to \1/12\ of the applicable percentage of the national average wage index (as defined in section 209(k)(1)) for the second year prior to the year for which the amount is computed. ``(II) For purposes of subclause (I), the applicable percentage is the percentage specified in connection with the number of years of work, as set forth in the following table: ``If the number of years The applicable of work is: percentage is: 11..................................................... 3 12..................................................... 6 13..................................................... 9 14..................................................... 12 15..................................................... 15 16..................................................... 16 17..................................................... 17 18..................................................... 18 19..................................................... 19 20..................................................... 25 21.....................................................25\2/3\ 22.....................................................26\1/3\ 23..................................................... 27 24.....................................................27\2/3\ 25.....................................................28\1/3\ 26..................................................... 29 27.....................................................29\2/3\ 28.....................................................30\1/3\ 29..................................................... 31 30.....................................................31\2/3\ 31.....................................................32\1/3\ 32..................................................... 33 33.....................................................33\2/3\ 34.....................................................34\1/3\ 35 or greater.......................................... 35. ``(iii)(I) For purposes of this subparagraph, the term `year of work' means, with respect to an individual, a year to which there is credited wages and self-employment income earned or derived by such individual in an amount equal to not less than, in the case of any such year, $10,875, multiplied by the ratio that the national average wage index (as defined in section 209(k)(1)) for the second year prior to such year bears to the national average wage index (as so defined) for 2022. ``(II) For purposes of applying the table in clause (ii) in the case of an individual entitled to disability insurance benefits under section 223, the number of years of work of such individual shall be deemed to be the product of 35 times the ratio of the actual number of years of work of such individual to the number of such individual's benefit computation years. Any such product which is not a multiple of one shall be rounded to the next higher multiple of one. ``(III) In the case of a widow, surviving divorced wife, widower, surviving divorced husband, or surviving divorced parent (hereinafter in this subclause referred to as the `surviving beneficiary') of an individual whose primary insurance amount is otherwise determined, but for this subclause, under the preceding provisions of this subparagraph (hereinafter in this subclause referred to as the `insured individual'), for purposes of determining the widow's, widower's, mother's, or father's insurance benefit of the surviving beneficiary under subsection (e), (f), or (g) of section 202 on the basis of such primary insurance amount, such primary insurance amount shall be deemed to be equal to the primary insurance amount which would be determined under this subparagraph (before application of this subclause) if the number of years of work of the insured individual were equal to the product of 35 times the ratio (not greater than one) of the actual number of years of work of the surviving beneficiary to the number of the benefit computation years of the insured individual. Any such product which is not a multiple of one shall be rounded to the next higher multiple of one. ``(iv) In the case of an individual who initially becomes eligible for old-age or disability insurance benefits, or who dies (before becoming eligible for such benefits), in any year during the 9-year period beginning with 2028, the primary insurance amount computed under subparagraph (A) with respect to the individual shall not be less than the greater of-- ``(I) the minimum amount computed under subparagraph (C), or ``(II) the applicable phase-in percentage (specified for such calendar year in the table set forth in clause (v)) of the minimum amount determined under clause (ii). ``(v) The table set forth in this clause is as follows: The applicable phase-in ``For the calendar year: percentage is: 2028................................................... 10 2029................................................... 20 2030................................................... 30 2031................................................... 40 2032................................................... 50 2033................................................... 60 2034................................................... 70 2035................................................... 80 2036................................................... 90.''. (b) Conforming Amendment.--Section 209(k)(1) of such Act (42 U.S.C. 409(k)(1)) (as amended by section 101) is further amended by inserting ``215(a)(1)(F),'' after ``215(a)(1)(E),''. <all>

Strengthening Social Security for Long Career Workers Act

To amend title II of the Social Security Act to strengthen Social Security for long career workers, and for other purposes.

Strengthening Social Security for Long Career Workers Act

Rep. Rice, Tom

R

SC