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H.R.4340

Armed Forces and National Security

PFAS Exposure Assessment and Documentation Act This bill requires the Department of Defense (DOD) to include in various health evaluations an assessment of whether a member of the Armed Forces has been exposed to perfluoroalkyl or polyfluoroalkyl substances, commonly referred to as PFAS. Specifically, the bill requires DOD to ensure that any periodic health assessment, physical assessment for recently separated members, pre-deployment medical examination, post-deployment medical examination, and post-deployment health reassessment provided to a member of the Armed Forces includes an evaluation of whether the member has been exposed to PFAS or was based or stationed at a military installation with a known or suspected release of PFAS during the period the member was there. If any of the evaluations result in a positive determination of potential exposure to PFAS, DOD must provide blood testing during the evaluation to be included in the member's health record. DOD must pay for blood testing to determine and document potential exposure to PFAS for former members of the Armed Forces or family members of such members who lived at a location identified by DOD as having a known or suspected PFAS release during the time the individuals lived there. DOD must share results of the evaluations with the Department of Veterans Affairs and establish a registry of members of the Armed Forces who have been exposed to, or suspected to have been exposed to, PFAS. Members may elect to be excluded from the registry.

To direct the Secretary of Defense to include in periodic health assessments of members of the Armed Forces an evaluation of whether the member has been exposed to perfluoroalkyl substances and polyfluoroalkyl substances, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``PFAS Exposure Assessment and Documentation Act''. SEC. 2. INCLUSION OF EXPOSURE TO PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES AS PART OF PERIODIC HEALTH ASSESSMENTS. (a) Periodic Health Assessment.--The Secretary of Defense shall ensure that any periodic health assessment provided to a member of the Armed Forces includes an evaluation of whether the member has been-- (1) based or stationed at a military installation identified by the Department of Defense as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or (2) exposed to such substances, including by evaluating any information in the health record of the member. (b) Separation History and Physical Examinations.--Section 1145(a)(5) of title 10, United States Code, is amended by adding at the end the following new subparagraph: ``(D) The Secretary concerned shall ensure that each physical examination of a member under subparagraph (A) includes an assessment of whether the member was-- ``(i) based or stationed at a military installation identified by the Department as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or ``(ii) exposed to such substances, including by assessing any information in the health record of the member.''. (c) Deployment Assessments.--Section 1074f(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: ``(E) An assessment of whether the member was-- ``(i) based or stationed at a military installation identified by the Department as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or ``(ii) exposed to such substances, including by assessing any information in the health record of the member.''. SEC. 3. PROVISION OF BLOOD TESTING FOR MEMBERS OF THE ARMED FORCES, FORMER MEMBERS OF THE ARMED FORCES, AND THEIR FAMILIES TO DETERMINE EXPOSURE TO PERFLUOROALKYL SUBSTANCES OR POLYFLUOROALKYL SUBSTANCES. (a) Members of the Armed Forces.-- (1) In general.--If a covered evaluation of a member of the Armed Forces results in a positive determination of potential exposure to perfluoroalkyl substances or polyfluoroalkyl substances, the Secretary of Defense shall provide to that member, during that covered evaluation, blood testing to determine and document potential exposure to such substances. (2) Inclusion in health record.--The results of blood testing of a member of the Armed Forces conducted under paragraph (1) shall be included in the health record of the member. (b) Former Members of the Armed Forces and Family Members.--The Secretary shall pay for blood testing to determine and document potential exposure to perfluoroalkyl substances or polyfluoroalkyl substances for any covered individual, at the election of the individual, either through the TRICARE program for individuals otherwise eligible for such program or through the use of vouchers to obtain such testing. (c) Definitions.--In this section: (1) Covered evaluation.--The term ``covered evaluation'' means-- (A) a periodic health assessment conducted in accordance with section 2(a); (B) a separation history and physical examination conducted under section 1145(a)(5) of title 10, United States Code, as amended by section 2(b); and (C) a deployment assessment conducted under section 1074f(b)(2) of such title, as amended by section 2(c). (2) Covered individual.--The term ``covered individual'' means a former member of the Armed Forces or a family member of a member or former member of the Armed Forces who lived at a location (or the surrounding area of such a location) identified by the Department of Defense as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the individual lived at that location (or surrounding area). (3) TRICARE program.--The term ``TRICARE program'' has the meaning given that term in section 1072(7) of title 10, United States Code. SEC. 4. DOCUMENTATION OF EXPOSURE TO PERFLUOROALKYL SUBSTANCES OR POLYFLUOROALKYL SUBSTANCES. (a) Sharing of Information.--The Secretary of Defense and the Secretary of Veterans Affairs shall enter into a memorandum of understanding providing for the sharing by the Department of Defense with the Department of Veterans Affairs of the results of covered evaluations regarding the exposure by a member of the Armed Forces to perfluoroalkyl substances or polyfluoroalkyl substances. (b) Registry.-- (1) Establishment.--The Secretary of Defense shall establish a registry of members of the Armed Forces who have been exposed to, or are suspected to have been exposed to, perfluoroalkyl substances or polyfluoroalkyl substances. (2) Inclusion in registry.--The Secretary shall include a member of the Armed Forces in the registry established under paragraph (1) if a covered evaluation of the member establishes that the member-- (A) was based or stationed at a location identified by the Department of Defense as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the location; or (B) was exposed to such substances. (3) Blood testing.--The results of any blood test conducted under section 3(a) shall be included in the registry established under paragraph (1) for any member of the Armed Forces included in the registry. (4) Election.--A member of the Armed Forces may elect not to be included in the registry established under paragraph (1). (c) Provision of Information.--The Secretary of Defense shall provide to a member of the Armed Forces more information on perfluoroalkyl substances and polyfluoroalkyl substances and the potential impact of exposure to such substances if a covered evaluation of such member establishes that the member-- (1) was based or stationed at a location identified by the Department of Defense as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the location; or (2) was exposed to such substances. (d) Rule of Construction.--Nothing in this section may be construed to preclude eligibility of a veteran for benefits under the laws administered by the Secretary of Veterans Affairs by reason of the exposure of the veteran to perfluoroalkyl substances or polyfluoroalkyl substances not being recorded in a covered evaluation. (e) Covered Evaluation Defined.--In this section, the term ``covered evaluation'' means-- (1) a periodic health assessment conducted in accordance with section 2(a); (2) a separation history and physical examination conducted under section 1145(a)(5) of title 10, United States Code, as amended by section 2(b); and (3) a deployment assessment conducted under section 1074f(b)(2) of such title, as amended by section 2(c). <all>

PFAS Exposure Assessment and Documentation Act

To direct the Secretary of Defense to include in periodic health assessments of members of the Armed Forces an evaluation of whether the member has been exposed to perfluoroalkyl substances and polyfluoroalkyl substances, and for other purposes.

PFAS Exposure Assessment and Documentation Act

Rep. Slotkin, Elissa

D

MI

H.R.6010

Transportation and Public Works

Protect Our Workers Act of 2021

To ensure that contractor employees on Army Corps projects are paid prevailing wages as required by law, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Our Workers Act of 2021''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Davis-Bacon Act of 1931 (40 U.S.C. 3141 et seq.) requires that contractors and subcontractors on certain government projects pay construction workers locally prevailing wages as determined by the Department of Labor. (2) Locally prevailing wages vary by job classification and consist of a basic hourly rate of pay and benefits. (3) Generally, the Davis-Bacon Act applies to projects that meet the following three criteria: (A) There is a contract for construction in excess of $2,000. (B) The United States or the District of Columbia is a party to the contract. (C) The contract is for construction, alteration, or repair of a public building or public work. (4) Under the Davis-Bacon Act, the Government may terminate a contract if locally prevailing wages have not been paid to employees working on the project. (5) For 90 years, the Davis-Bacon Act has helped ensure quality craftsmanship on Federal projects, protected the standard of living of skilled and trained blue-collar construction workers, improved workplace safety by discouraging ``fly-by-night'' contractors from bidding, incentivized workforce training, and stimulated the economy. (6) The Wage and Hour Division of the Department of Labor administers the Davis-Bacon Act by, among other things, determining prevailing wage rates and prescribing regulations and standards to be observed by contracting agencies. (7) Contracting agencies, such as the Corps of Engineers, however, have the primary day-to-day responsibility for enforcement of the Davis-Bacon Act and its labor standards requirements pursuant to subparts 22.406 and 22.407 of the Federal Acquisition Regulation and part 5 of title 29, Code of Federal Regulations and Reorganization Plan No. 14 of 1950 (5 U.S.C. app.). (8) Some irresponsible contractors and subcontractors often avoid their prevailing wage obligations by, among other things, engaging in craft misclassification. (9) Craft misclassification refers to the practice in which contractors misclassify high-skilled workers as general laborers or other classifications in order to avoid paying the higher prevailing wage rate applicable to the high-skilled work actually performed. (10) As part of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92), Congress directed the Comptroller General of the United States to conduct a study on the contracting practices of the Army Corps of Engineers. (11) The Government Accountability Office (GAO) published their report on this study on March 10, 2021 with recommendations to the Army Corps of Engineers to ensures contractor employees are paid prevailing wages as required by the Davis-Bacon Act. (12) In their report, GAO found that from Fiscal Years 2015 to 2019, there were five times as many subcontractors, compared to prime contractors, found to be in violation of the Davis- Bacon Act. None were recommended to the Department of Labor for debarment from receiving future contracts. (13) GAO found that the Army Corps of Engineers Headquarters guidance to their 38 districts lacks sufficient information to ensure consistent monitoring of contractors' compliance with the Davis-Bacon Act from one Army Corps district to the next. SEC. 3. ENSURING THAT CONTRACTOR EMPLOYEES ON ARMY CORPS PROJECTS ARE PAID PREVAILING WAGES AS REQUIRED BY LAW. The Assistant Secretary of the Army for Civil Works shall provide to each Army Corps district clarifying, uniform guidance with respect to prevailing wage requirements for contractors and subcontractors of the Army Corps that-- (1) conforms with the Department of Labor's regulations, policies, and guidance with respect to the proper implementation and enforcement of subchapter IV of chapter 31 of title 40, United States Code (commonly known as the ``Davis- Bacon Act'') and other related Acts, including the proper classification of all crafts by Federal construction contractors and subcontractors; (2) directs Army Corps districts to investigate worker complaints and third-party complaints within 30 days of the date of filing; and (3) instructs Army Corps districts that certified payroll reports submitted by contractors and subcontractors and the information contained therein shall be publicly available and are not exempt from disclosure under section 552(b) of title 5, United States Code. <all>

Protect Our Workers Act of 2021

To ensure that contractor employees on Army Corps projects are paid prevailing wages as required by law, and for other purposes.

Protect Our Workers Act of 2021

Rep. Smith, Christopher H.

R

NJ

H.R.4209

Immigration

DHS Illicit Cross-Border Tunnel Defense Act This bill authorizes for FY2023 and FY2024 U.S. Customs and Border Protection (CBP) activities to identify and remediate illicit cross-border tunnels. CBP shall also develop and report to Congress a strategic plan to guide and improve such operations.

To support remediation of illicit cross-border tunnels, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``DHS Illicit Cross-Border Tunnel Defense Act''. SEC. 2. COUNTER ILLICIT CROSS-BORDER TUNNEL OPERATIONS. (a) Counter Illicit Cross-border Tunnel Operations Strategic Plan.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection, in coordination with the Under Secretary for Science and Technology, and, as appropriate, other officials of the Department of Homeland Security, shall develop a counter illicit cross-border tunnel operations strategic plan (in this section referred to as the ``strategic plan'') to address the following: (A) Risk-based criteria to be used to prioritize the identification, breach, assessment, and remediation of illicit cross-border tunnels. (B) Promote the use of innovative technologies to identify, breach, assess, and remediate illicit cross- border tunnels in a manner that, among other considerations, reduces the impact of such activities on surrounding communities. (C) Processes to share relevant illicit cross- border tunnel location, operations, and technical information. (D) Indicators of specific types of illicit cross- border tunnels found in each U.S. Border Patrol sector identified through operations to be periodically disseminated to U.S. Border Patrol sector chiefs to educate field personnel. (E) A counter illicit cross-border tunnel operations resource needs assessment that includes consideration of the following: (i) Technology needs. (ii) Staffing needs, including the following: (I) A position description for counter illicit cross-border tunnel operations personnel. (II) Any specialized skills required of such personnel. (III) The number of such full time personnel, disaggregated by U.S. Border Patrol sector. (2) Report to congress on strategic plan.--Not later than one year after the development of the strategic plan, the Commissioner of U.S. Customs and Border Protection shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the implementation of the strategic plan. (b) Authorization of Appropriations.--There is authorized to be appropriated to the Commissioner of U.S. Customs and Border Protection $1,000,000 for each of fiscal years 2023 and 2024 to carry out-- (1) the development of the strategic plan; and (2) remediation operations of illicit cross-border tunnels in accordance with the strategic plan to the maximum extent practicable. Calendar No. 568 117th CONGRESS 2d Session H. R. 4209 [Report No. 117-215] _______________________________________________________________________

DHS Illicit Cross-Border Tunnel Defense Act

To support remediation of illicit cross-border tunnels, and for other purposes.

DHS Illicit Cross-Border Tunnel Defense Act DHS Illicit Cross-Border Tunnel Defense Act

Rep. Pfluger, August

R

TX

S.4948

Immigration

Empowering States to Deport Illegal Immigrants Act This bill authorizes states to take actions to enforce federal immigration law. Specifically, the bill authorizes states to authorize state and local law enforcement to enforce certain provisions of federal immigration law, including provisions relating to unlawful entry and employing unauthorized non-U.S. nationals (aliens under federal law). State prosecutors must prosecute every case brought by a state under this bill. The bill also abrogates a 2012 Supreme Court ruling that invalidated an Arizona law that made it a crime for unauthorized non-U.S. nationals to work in the state. Specifically, the court ruled that the Arizona law was preempted by federal immigration law.

To allow States to authorize State and local law enforcement officers to enforce the provisions of Federal immigration law relating to unlawful entry into the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Empowering States to Deport Illegal Immigrants Act''. SEC. 2. AUTHORIZATION OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS TO ENFORCE CERTAIN FEDERAL IMMIGRATION LAWS. (a) In General.--States may authorize State and local law enforcement officers to enforce provisions of Federal immigration law that prohibit the unlawful entry into the United States, including sections 271 through 280 of the Immigration and Nationality Act (8 U.S.C. 1321 through 1330). (b) Effect of Authorization on Supreme Court Ruling.--Subsection (a) effectively abrogates the 2012 decision of the Supreme Court in Arizona v. United States (567 U.S. 387). (c) Prosecution Authority.--Notwithstanding any other provision of law, State prosecutors are authorized to initiate prosecutions for violations of Federal immigration law referred to in subsection (a) in a United States District Court that has jurisdiction over-- (1) the place at which any such violation occurred; or (2) the place at which the person charged for any such violation is apprehended. (d) Conforming Amendment.--Section 279 of the Immigration and Nationality Act (8 U.S.C. 1329) is amended-- (1) by inserting ``, or by a State prosecutor pursuant to section 2(c) of the Empowering States to Deport Illegal Immigrants Act,'' before ``that arise''; and (2) by inserting ``It shall be the duty of the State prosecutor of the appropriate State to prosecute every such suit when brought by a State.'' after ``United States.'' <all>

Empowering States to Deport Illegal Immigrants Act

A bill to allow States to authorize State and local law enforcement officers to enforce the provisions of Federal immigration law relating to unlawful entry into the United States.

Empowering States to Deport Illegal Immigrants Act

Sen. Hawley, Josh

R

MO

H.R.6654

Public Lands and Natural Resources

Climate Adaptation Science Centers Act or the CASC Act This bill provides statutory authority for the Department of the Interior's National and Regional Climate Adaptation Science Centers. The centers must provide scientific expertise to managers of natural resources, cultural resources, and ecosystem services to inform decisions that aid adaptation to a changing climate and extreme weather events. The program shall include a National Climate Adaptation Science Center and Regional Climate Adaptation Science Centers. Among its activities, the National Center shall Regional centers shall develop research, education, training, and advisory service priorities regarding the impacts of climate trends and variability on natural and cultural resource management. Interior shall establish an Advisory Committee on Climate and Natural Resource Sciences to advise the National and Regional Climate Adaptation Science Centers on specified matters, including (1) the contents of a national strategy identifying key climate adaptation science priorities to advance the management of natural and cultural resources in the face of climate change; and (2) the integration of equity, particularly for historically underserved communities, in the operation of the National Center and regional centers.

To direct the Secretary of the Interior to establish a National Climate Adaptation Science Center and Regional Climate Adaptation Science Centers to respond to the effects of extreme weather events and climate trends, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Climate Adaptation Science Centers Act'' or the ``CASC Act''. SEC. 2. DEFINITIONS. In this Act: (1) Adaptation.--The term ``adaptation'' means-- (A) the process of adjustment to actual or expected climate and the effects of extreme weather, climate trends, and climate variability; and (B) protection, management, and conservation efforts designed to maintain or enhance the ability of people, fish, wildlife, plants, land, ecosystems, and water of the United States to withstand, adjust to, or recover from the effects of extreme weather, climate trends, and climate variability. (2) Advisory service activities.--The term ``advisory service activities'' means activities including-- (A) sharing climate science and climate adaptation knowledge between National and Regional Climate Adaptation Science Center researchers, stakeholders, and other partners; (B) building collaborations between National and Regional Climate Adaptation Science Center researchers, stakeholders, and other partners; and (C) integrating climate adaptation science into natural and cultural resource management, decision- making and planning. (2) Cultural resources.--The term ``cultural resources''-- (A) means those features and values related to cultural heritage; and (B) includes-- (i) biological species with cultural heritage or ceremonial importance, and historic and precontact sites, cultural landscapes, trails, structures, inscriptions, art, and artifacts on Federal lands or representative of the culture of Indian Tribes, Native Hawaiians, and Native American Pacific Islanders; and (ii) resources considered to be cultural resources according to the traditional knowledge of Indian Tribes, Native Hawaiians, and Native American Pacific Islanders. (3) Committee.--The term ``Committee'' means the Advisory Committee on Climate and Natural Resource Sciences established under section 6. (4) Consortium institution.--The term ``consortium institution'' means college, university, State cooperative institution, State agency, Indian Tribe, Tribal College or University, Historically Black College or University, Tribal organization, Native Hawaiian organization, minority-serving institution, or other educational institution or organization, Federal agency, public or private organization, or any other party within each regional center other than the United States Geological Survey and the host institution. (5) Department.--The term ``Department'' means the Department of the Interior. (6) Ecosystem services.--The term ``ecosystem services'' means those benefits that ecosystems provide humans and human society, including clean air, clean water, and other economically important services. (7) Historically black colleges and universities.--The term ``Historically Black Colleges and Universities'' has the same meaning given the term ``part B institutions'' in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061). (8) Host institution.--The term ``host institution'' means the non-Federal lead organization within each regional center. (9) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304(e)). (10) Minority-serving institution.--The term ``minority- serving institution'' means a Hispanic-serving institution, an Alaska Native-serving institution, a Native Hawaiian-serving institution, a Predominantly Black Institution, an Asian American and Native American Pacific Islander-serving institution, or a Native American-serving nontribal institution (as described in section 371 of the Higher Education Act of 1965 (20 U.S.C. 1067q(a))). (11) National center.--The term ``National Center'' means the National Climate Adaptation Science Center established under section 3(a). (12) Native american pacific islanders.--The term ``Native American Pacific Islanders'' means any descendent of the aboriginal people of any island in the Pacific Ocean that is a territory of the United States. (13) Native hawaiian.--The term ``Native Hawaiian'' means any individual who is a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawaii. (14) Native hawaiian organization.--The term ``Native Hawaiian organization'' means-- (A) the Office of Hawaiian Affairs; (B) Hui Malama I Na Kupuna O Hawai'i Nei; and (C) any other organization that-- (i) serves and represents the interests of Native Hawaiians; (ii) has as a primary and stated purpose the provision of services to Native Hawaiians; and (iii) has expertise in Native Hawaiian Affairs. (15) Natural resources.--The term ``natural resources'' has the meaning given that term in section 11.14 of title 43, Code of Federal Regulations. (16) Regional center.--The term ``regional center'' means one of the Regional Climate Adaptation Science Centers established under section 3(a) that provide support for specific geographic locations in the United States. (17) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (18) State.--The term ``State'' means-- (A) a State of the United States; (B) the District of Columbia; (C) American Samoa; (D) Guam; (E) the Commonwealth of the Northern Mariana Islands; (F) Puerto Rico; and (G) the Virgin Islands of the United States. (19) Tribal college or university.--The term ``Tribal College or University'' means an institution that-- (A) qualifies for funding under the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801 et seq.) or the Navajo Community College Act (25 U.S.C. 640a note); or (B) is cited in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note). (20) Tribal organization.--The term ``Tribal organization'' means-- (A) the recognized governing body of any Indian Tribe; or (B) any legally established organization of Indians that is-- (i) controlled, sanctioned, or chartered by the recognized governing body of an Indian Tribe; or (ii)(I) democratically elected by the adult members of the Indian community to be served by such organization; and (II) includes the maximum participation of Indians in all phases of its activities. (21) University.--The term ``university'' has the meaning given to the term ``institution of higher education'' in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). SEC. 3. ESTABLISHMENT AND DUTIES. (a) Establishment.-- (1) In general.--The Secretary, in collaboration with States, Indian Tribes, and other partner organizations, shall establish a program to be known as the ``National and Regional Climate Adaptation Science Centers'', which shall-- (A) provide scientific expertise to agencies, organizations, individuals, Indian Tribes, tribal organizations, and Native Hawaiian organizations engaged in the management of natural resources, cultural resources, and ecosystem services for the purpose of informing decisions that aid adaptation to a changing climate and extreme weather events; and (B) include a National Climate Adaptation Science Center and Regional Climate Adaptation Science Centers. (2) Chief; directors.-- (A) Chief.--The Chief of the National Center shall be a United States Geological Survey employee and shall be responsible for national-scale and network-wide strategic initiatives, science direction, and partnerships. (B) Directors.--Each regional center shall have-- (i) a Federal Director who shall-- (I) be a United States Geological Survey employee; (II) report directly to the Chief of the National Center; and (III) be responsible for region- specific and cross-regional strategic initiatives and implementation of climate science research agendas; and (ii) a Host Institution Director who shall-- (I) carry out the terms and conditions of the financial assistance award; (II) lead the institutional consortium in each region; and (III) oversee training and capacity building at the host and consortium institutions. (C) Cooperative work.--Each Regional Federal Director and each Host Institution Director shall work cooperatively to further the mission of the relevant regional center. (D) Administration.--The National Center and all regional centers shall be administered by the United States Geological Survey. (b) Duties of the National Center.--In collaboration with Federal agencies, States, Indian Tribes, Tribal organizations, Native Hawaiians, Native Hawaiian organizations, Native American Pacific Islanders, and other partner organizations, the National Center shall-- (1) serve as the national office for the regional centers; (2) provide leadership and guidance on administration, partnerships, information management, and communications; (3) develop and facilitate coordination among the regional centers; (4) coordinate and collaborate with other Federal agencies working on similar research and activities to-- (A) minimize, as much as possible, the duplication of research and effort; and (B) use, as much as possible, existing data in the development of new or ongoing research; (5) conduct research on cross-regional and national science priorities; (6) support regional centers that-- (A) are hosted at a university, or a consortium of universities or other research institutions, within the region of each regional center; (B) are collaborations between the Federal Director and the Host Institution Director and their staffs to address the broad scientific mission and goals as defined by the National Center in a manner that is relevant to its specific geographic region and in cooperation with State and local governments, Indian Tribes, Tribal organizations, Native Hawaiians, Native Hawaiian organizations, Native American Pacific Islanders, and other entities within that region; (C) promote research, education, training, and advisory service activities to stakeholders, Tribal governments, and the public via informational publications, trainings, and other outreach methods; and (D) receive funding at the host institution through cooperative agreements, contracts, and grants under section 4; and (7) acting through the Chief of the National Center, with respect to the regional centers-- (A) evaluate and assess the performance of the programs of regional centers every five years, using the priorities, guidelines, and qualifications established by the Secretary under this section, and determine if the programs are well managed and carry out high-quality research, education, training, and advisory service activities; and (B) subject to the availability of appropriations, allocate funding among regional centers so as to-- (i) conduct regionally relevant research, education, training, and advisory service activities in each of the regions; (ii) encourage collaborations among regional centers to address regional and national priorities established under this section; (iii) ensure successful implementation and operation of regional centers; (iv) to the maximum extent consistent with other provisions of this Act, provide a stable base of funding in support of the regional centers on 5-year terms, with additional funds available annually subject to the availability of appropriations; (v) encourage and promote coordination and cooperation between the research, education, training, and advisory service activities of the Department and those of the host and consortium institutions; and (vi) pay the official Federal Government negotiated overhead rate to the host institution and partners on the basic agreement establishing the location of the regional center. (c) Authorities of the National Center.--The National Center may-- (1) procure the services of appropriate public and private agencies and institutions and other qualified persons to conduct its work; and (2) operate and fund a network of not fewer than nine regional centers that shall address the impacts of climate trends and variability, including extreme weather events, on natural and cultural resources and ecosystem services. (d) Designation of the Regional Centers.-- (1) Existing regional center designations.-- (A) In general.--Any institution or consortium of institutions designated as a regional center before the date of enactment of this Act shall participate in one final competition for its status as a regional center upon the conclusion of its existing 5-year term to assure that the host institutions and association consortium institutions update proposals recognizing the long-term commitment as a host. (B) Recompetes.--After the next competition for regional center after the date of enactment of this Act, a designated regional center shall not have to recompete on 5-year terms, but shall be subject to review on 5-year terms as described in paragraph (2). After competed, the final agreements shall only be recompeted in the event of a failed review. (2) Reviews of the regional centers.-- (A) The Chief of the National Center, in consultation with the Committee, shall establish guidelines for 5-year merit reviews of each regional center, which shall include guidelines for -- (i) the establishment of a statement of objectives, agreed upon by the National Center and regional host institutions at the beginning of the 5-year term, that outline the expectations of activities or measures of success to be completed during the agreed upon period; and (ii) an independent merit review, conducted by the National Center, of the host institution's activities as related to the statement of objectives. (B) If a regional center does not meet the requirements included in the statement of objective as determined by the independent merit review referred to in subparagraph (A)(ii), the host institution or consortium of institutions may not continue as a host of a regional center. (C) If a host institution or consortium of institution fails a merit review referred to in subparagraph (A)(ii), the Chief of the National Center may give the host institution or consortium of institutions a probationary period of one year. After the one-year probationary period, the Chief of the National Center shall undertake an additional review referred to in subparagraph (A)(ii) to determine if the host institution or consortium of institutions shall-- (i) continue as a host of a regional center; or (ii) not continue as a host of a regional center, in which case the Chief of the National Center shall initiate a competitive process to select a new host institution . (D) The Chief of the National Center shall ensure that reviews completed pursuant to this paragraph are publicly available. (2) Changes to consortium institutions.--The Chief of the National Center, in consultation with the Federal Director and Host Institution Director of a regional center, may add or remove consortium institutions at any time to address regional and national priorities established under this section. (3) FACA.--Committees, subcommittees, and working groups appointed by Federal Directors of the regional centers pursuant to this subsection shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (e) Duties of the Regional Centers.--In collaboration with Federal and State natural resources agencies and departments, Indian Tribes, Tribal organizations, Native Hawaiians, Native Hawaiian organizations, Native American Pacific Islanders, Tribal Colleges or Universities, Historically Black Colleges or Universities, minority-serving institutions, universities, other research or educational institutions, and other partner organizations, regional centers shall develop research, education, training, and advisory service priorities regarding the impacts of climate trends and variability on natural and cultural resource management in their regions for the purpose of climate adaptation. (f) Project Solicitation .--Subject to the availability of appropriations, each regional center shall undergo a project solicitation process annually that shall-- (1) include regionally identified science priority topics; (2) work with science partners in the region to develop a scientific review process to assure the highest quality of proposals are selected; and (3) final decisions on annual project selections shall be made by the Federal Directors of the regional centers. SEC. 4. GENERAL AUTHORITY TO ENTER INTO CONTRACTS, GRANTS, COOPERATIVE AGREEMENTS, AND INTERAGENCY AGREEMENTS. (a) Authority.--The Director of the United States Geological Survey is authorized to enter into contracts, grants, and cooperative agreements with a host institution or consortium institution to further the research, education, training, and advisory service activities of the Department or its partners relating to impacts of climate trends and variability. This authority supplements all other laws relating to the Department and is not to be construed as limiting or repealing any existing authorities. (b) Legal Instruments.--The Director of the United States Geological Survey may use a contract, grant, cooperative agreement, or interagency agreement as the legal instrument reflecting a relationship between the Secretary and a host institution or consortium institution, to further the duties under section 3 without regard to-- (1) any requirements for competition; (2) section 6101 of title 41, United States Code; or (3) subsections (a) and (b) of section 3324 of title 31, United States Code. (c) Participation of Federal Agencies.--Notwithstanding any other provision of law, any Federal agency may participate in any such cooperative agreement under this section by contributing funds through the National Center or otherwise if it is mutually agreed that the objectives of the agreement shall further the authorized programs of the contributing agency. (d) Approval Required.--In any case where a contract is let or grant made to an organization to perform services benefitting more than one Indian Tribe, the approval of each such Indian Tribe shall be a prerequisite to the letting or making of such contract or grant. SEC. 5. INTERAGENCY COOPERATION. Each department, agency, or other instrumentality of the Federal Government, that is engaged in or concerned with, or that has authority over, matters relating to natural and cultural resources, ecosystem services, or climate variability or change, including all member agencies of the United States Global Change Research Program-- (1) shall, upon a written request from the Secretary, furnish any available data or other information that the Secretary deems necessary to carry out any provision of section 3; (2) shall cooperate with the National Center, regional centers, and duly authorized officials thereof; (3) may make available, on a reimbursable basis or otherwise, any personnel (with their consent and without prejudice to their position and rating), service, or facility which the Chief of the National Center deems necessary to carry out any provision of section 3; and (4) may transfer budgetary resources or otherwise enter into interagency agreements, including funding, facilities, computational resources, data, or other tangible or intangible resources, between the National Center or regional centers to aid collaborative work among Federal agencies, when approved by the Chief of the National Center and their counterpart in the other Federal agency. SEC. 6. COMMITTEES. (a) Authority to Establish Committees.--The Chief of the National Center may establish committees or working groups and procedures to facilitate public participation in the advisory process, such as a national advisory committee for the National Center, stakeholder advisory committees and science implementation panels for the regional centers, and working groups for review of competitive. (b) Advisory Committee.-- (1) Establishment.--Not later than 180 days after the date of the enactment of this Act, and pursuant to the Federal Advisory Committee Act (5 U.S.C. App.), the Secretary shall establish an Advisory Committee on Climate and Natural Resource Sciences to advise the National and Regional Climate Adaptation Science Centers on the following: (A) The contents of a national strategy identifying key climate adaptation science priorities to advance the management of natural and cultural resources in the face of climate change. (B) The nature, extent, and quality of relations with and facilitating engagement of key partners at the regional center level. (C) The nature and effectiveness of mechanisms to effectively deliver science information and tools, and build capacity, to aid the natural and cultural resource management community and decision-makers in adapting to a changing climate. (D) Mechanisms that may be employed by the National Center to ensure high standards of scientific quality and integrity in its products. (E) The integration of equity, particularly for historically underserved communities, in the operation of the National Center and regional centers. (2) Voting members.--The Committee shall have not fewer than 15 voting members who shall be appointed by the Secretary. Each voting member shall be an employee of-- (A) an Indian Tribe; (B) a Tribal organization; (C) a Native Hawaiian organization; (D) a State or local government; (E) nongovernmental organization whose primary mission is conservation and related scientific and advocacy activities; (F) an academic institution; or (G) other sectors, environmental justice organizations, or private industry. (3) Non-voting members.--A Host Institution Director who is elected by the various Host Institution Directors shall serve as a non-voting member of the Committee. No individual is eligible to be a voting member of the Committee if the individual is-- (A) a Host Institution Director; (B) a full-time officer or employee of the United States; or (C) a voting member of the Committee who is an applicant for or beneficiary of any grant or contract under this Act shall abstain from voting when there is a conflict of interest. (4) Chair.--The Director of the United States Geological Survey shall appoint a Committee Chair from among the members of the Committee. (5) Vice chair.--The Committee shall select one voting member to serve as the Vice Chair, who shall act as Chair in the absence or incapacity of the Chair. (6) Nominations.--Not less than once each year, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the Committee. (7) Term of office.--(A) The term of office of a voting member of the Committee shall be not more than 3 years. (B) No individual may serve more than two consecutive terms as a voting member of the Committee. (C) The Chair may extend the term of office of a voting member of the Committee by up to 1 year. (D) Any individual appointed to a partial or full term may be reappointed for one additional full term. (8) Duties.--The Committee shall identify and recommend priorities for ongoing research needs on the issues described in section 3(e) to inform the research priorities of the National Center. (9) Estimated number and frequency of meetings.--The Committee shall meet approximately one to two times annually, and at such other times as designated by the Director of the United States Geological Survey. (c) Committees; Working Groups.-- (1) In general.--At the direction of the Secretary, the Chief of the National Center may establish committees or working groups to provide input on the science priorities, implementation of science programs, review of competitive proposals, and evaluation of the National Center and the regional centers. (2) Members.--The committees or working groups shall, to the extent practicable, include members from Federal and State government, universities, private sector, nongovernmental organizations, Indian Tribes, Tribal organizations, and Native Hawaiian organizations. (3) Public participation.--The Secretary may establish procedures to facilitate public participation in the advisory process, including providing advance notice of meetings, providing adequate opportunity for public input and comment, maintaining appropriate records, and making a record of the proceedings of meetings available for public inspection. (4) Implementation; availability of records.--The Secretary shall ensure that the procedures described in paragraph (3) are adopted and implemented and that the records described in paragraph (3) are accurately maintained and available for public inspection. (5) FACA.--(A) The committees or working groups shall not be considered advisory committees under the Federal Advisory Committee Act (5 U.S.C. App.). (B) Seeking advice and input under subparagraph (A) shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary to carry out this Act not less than-- (1) $84,000,000 for fiscal year 2023; (2) $94,000,000 for fiscal year 2024; (3) $104,000,000 for fiscal year 2025; (4) $114,000,000 for fiscal year 2026; and (5) $124,000,000 for fiscal year 2027. Union Calendar No. 435 117th CONGRESS 2d Session H. R. 6654 [Report No. 117-602] _______________________________________________________________________

CASC Act

To direct the Secretary of the Interior to establish a National Climate Adaptation Science Center and Regional Climate Adaptation Science Centers to respond to the effects of extreme weather events and climate trends, and for other purposes.

CASC Act Climate Adaptation Science Centers Act CASC Act Climate Adaptation Science Centers Act

Rep. Grijalva, Raúl M.

D

AZ

H.R.9647

Transportation and Public Works

Light Rail Transit Act This bill directs the Federal Transit Administration (FTA) to establish a grant program to provide grants to state, local, and tribal governments for the design and implementation of light rail projects, including for the redesign, retrofit, renovation, update, and repair of existing light rail systems. As condition of receiving a grant, eligible entities must certify that fares for riding the light rail transit system shall not increase solely due to improvements carried out with grant funds and for any reason for at least one year after completion of a project funded by the bill. In carrying out the program, the FTA must prioritize projects located in economically disadvantaged communities.

To establish, maintain, and expand frequent, reliable, interconnected light rail transit service to expand racial, economic, and environmental 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 ``Light Rail Transit Act''. SEC. 2. LIGHT RAIL TRANSIT PROGRAM. (a) Establishment.--Not later than 120 days after the date of enactment of this Act, the Secretary of Transportation, acting through the Administrator of the Federal Transit Administration, shall establish a program to provide grants to eligible public entities for the design and implementation of covered light rail transit systems. (b) Application.--To be eligible for a grant under this section, an eligible public entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Use of Funds.--An eligible public entity receiving a grant under this section may use such grant for-- (1) the design and implementation of a covered light rail transit system, including the design, acquisition, operations, maintenance, construction, and leasing of required supporting facilities, and integration and improvement of other connected or nearby rail or bus corridors, bicycle infrastructure, and pedestrian infrastructure; (2) procuring and installing renewable energy to power train infrastructure; (3) the redesign, retrofit, renovation, update, and repair of existing light rail systems to bring such systems up to the standard of covered light rail transit systems; (4) training current employees to effectively operate, maintain, or otherwise adapt to new technologies relating to a covered light rail transit system; (5) operating costs to increase service frequencies on light rail transit routes that otherwise conform with this Act; (6) reducing or eliminating fares as part of eligible projects; and (7) public engagement and participatory planning processes that meaningfully incorporate input from community members impacted by the covered light rail transit systems, including representatives from local labor organizations and other community groups, including those described subsection (d)(4). (d) Requirements.--As a condition of accepting a grant under this section, an eligible public entity (other than a Tribal authority) shall-- (1) agree to take steps, in consultation with community groups and tenant advocates, to secure existing housing in neighborhoods receiving benefits from such grant, including through the use of rent control, rent stabilization, or other methods to stabilize existing residents and prevent gentrification residential displacement; (2) ensure safety for covered light rail transit systems funded by such a grant by employing Electric Vehicle Infrastructure Training Program (EVITP)-certified electricians for the installation and maintenance of the electric components of the charging infrastructure; (3) provide to the Secretary in the application for such a grant information on what such steps the entity will take and how the entity will carry out the activities described in paragraph (1); (4) develop transit-oriented development plans for the area located around station stops that include new affordable housing or public housing; (5) provide to the Secretary a public engagement, outreach, and education plan that illustrates the grantee's commitment to meeting the mobility needs of the entire community that will be served by the covered light rail transit system, including strategies to incorporate input from local labor organizations and other community groups, including environmental advocates, racial justice advocates, tenant advocates, youth advocates, transit advocates, and disability rights advocates; and (6) certify that the covered light rail transit system funded by such grant shall operate on an either flat-fare or fare-free basis. (e) Prohibition in Impact on Fares.--As a condition on receipt of a grant under this section, an eligible public entity shall certify to the Secretary that the fares for riding the covered light rail transit system-- (1) shall not increase solely due to the improvements carried out with funds provided under this section; and (2) shall not increase for any reason for at least 1 year after the completion of the project funded under this section. (f) Priority for Economically Disadvantaged Communities.--In carrying out the program under this section, the Secretary shall prioritize projects located in economically disadvantaged communities. SEC. 3. SPECIAL RULES FOR TRIBES. (a) Set-Aside.--Contingent on sufficient qualifying applicants for grants under this Act that are Tribal authorities, the Secretary shall ensure that 5 percent of such grants are awarded to such applicants. (b) Criteria for Consideration as Covered Light Rail Transit System.--With respect to a grants provided to a Tribal authority, notwithstanding section 5(2)(A), a transit system for which funds are provided under this Act shall be considered a covered light rail transit system by meeting 4 of the criteria listed in sections 5(2)(A)(x) and 7 of the criteria listed in section 5(2)(A)(xi). SEC. 4. FUNDING REQUIREMENTS. (a) Federal Share.-- (1) In general.--The Federal share of a grant under this Act shall not exceed 85 percent. (2) Projects in economically disadvantaged communities.-- Notwithstanding paragraph (1), the Federal share for a project located in and benefitting an economically disadvantaged community may be up to 100 percent if the Secretary determines that-- (A) the project is part of an approved transportation plan required under sections 5303 and 5304 of title 49, United States Code; and (B) the applicant has, or will have-- (i) the legal, financial, and technical capacity to carry out the project, including the safety and security aspects of the project; (ii) satisfactory continuing control over the use of the equipment or facilities; and (iii) the technical and financial capacity to maintain new and existing equipment and facilities. (b) Prohibition on Use of Funds.--None of the funds made available by this Act may be used to employ or otherwise enter into a contract for local, State, or Federal law enforcement officers or fare collectors who are armed. (c) Special Rule.--No financial assistance under chapter 53 of title 49, United States Code, may be used for an automated vehicle providing public transportation unless the recipient of such assistance that proposes to deploy an automated vehicle providing public transportation certifies to the Secretary that the deployment does not eliminate or reduce the frequency of existing public transportation service. (d) Authorization of Appropriations.--There is authorized to be appropriated $60,000,000,000 total for fiscal years 2024 through 2028 to carry out this Act. SEC. 5. DEFINITIONS. In this Act: (1) Eligible public entity.--The term ``eligible public entity'' means a local, Tribal, or State governmental authority, including metropolitan planning organizations, transit agencies, port authorities, and regional entities, or multiple adjacent authorities submitting a joint application. (2) Covered light rail transit system.--The term ``covered light rail transit system'' means a publicly owned light rail transit system that-- (A) has-- (i) accessibility for all customers, including those who are physically, visually, or hearing-impaired, as well as those with temporary disabilities, the elderly, children, parents with strollers, and other load-carrying passengers; (ii) all rail lines, routes, and stations in system follow single unifying brand of entire light rail transit system; (iii) functioning real-time and up-to-date static passenger information system-wide that is available during all hours of operation; (iv) physical transfer points integrated with other public transit; (v) safe and accessible pedestrian design at each station, with a continuous walking path network along the entire corridor; (vi) service frequency no less than 6 trains per hour on all routes; (vii) at least 3 elements out of-- (I) off board fare collection; (II) traffic signal priority (III) a system that includes multiple routes or is connected to an existing route; (IV) a fare system that can be integrated with other modes of transport; or (V) platform level boarding; and (viii) at least 8 elements out of-- (I) multiple routes sharing corridors; (II) limited and express services; (III) a full service control center; (IV) location in 1 of the locality's top 10 demand corridors; (V) late night and weekend service; (VI) 90 percent of stations offer seating, are weather-protected, well- lit, and at least 8 feet wide; (VII) all stations have sliding doors; (VIII) secure bicycle parking at least in higher-demand stations and standard bicycle racks elsewhere; (IX) bicycle lanes on or parallel to 75 percent of the corridor; (X) bicycle sharing available at 50 percent or more of stations; (XI) elimination or prohibition on parking minimums in the area of the system; and (XII) service frequency of no less than 7 trains per hour on all routes; (B) powers trains and train infrastructure with renewable energy; (C) uses labor standards at least as protective as the labor standards described in section 5333 of title 49, United States Code; and (D) meets domestic assembly qualifications for its trains. (3) Domestic assembly qualifications.--The term ``domestic assembly qualifications'' means, with respect to any qualifying train, that the final assembly of such a train occurs at a plant, factory, or other place which is located in the United States and operating under a collective bargaining agreement negotiated by an employee organization (as defined in section 412(c)(4) of the Internal Revenue Code of 1986), determined in a manner consistent with section 7701(a)(46) of such Code. (4) Economically disadvantaged community.--The term ``economically disadvantaged community'' means an economically disadvantaged community, including an environmental justice community, an underserved community, or a community located in an area of persistent poverty (as such term is defined in section 101 of title 23, United States Code). (5) Platform level boarding.--The term ``platform level boarding'' means a platform for boarding a train that contains no more than 0.5 inch vertical gap between the train floor and the station platform. (6) Renewable energy.--The term ``renewable energy'' means solar, wind, geothermal, and tidal energy. <all>

Light Rail Transit Act

To establish, maintain, and expand frequent, reliable, interconnected light rail transit service to expand racial, economic, and environmental justice, and for other purposes.

Light Rail Transit Act

Rep. Bush, Cori

D

MO

S.686

Taxation

Retaining Educators Takes Added Investment Now Act or the RETAIN Act This bill allows a refundable tax credit for the employment of early childhood educators, teachers, early childhood education program directors, school leaders, and school-based mental health services providers that is based upon the number of school years for which such individuals have been continuously employed.

To amend the Internal Revenue Code of 1986 to address the teacher and school leader shortage in early childhood, elementary, and secondary education, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Retaining Educators Takes Added Investment Now Act'' or the ``RETAIN Act''. SEC. 2. PURPOSE. The purpose of this Act is to create a refundable tax credit for early childhood educators, teachers, early childhood education program directors, school leaders, and school-based mental health services providers in early childhood, elementary, and secondary education settings that rewards retention based on the time spent serving high- need students. SEC. 3. FINDINGS. Congress finds the following: (1) The shortage of experienced, qualified early childhood educators and elementary school and secondary school teachers is a national problem that compromises the academic outcomes and long-term success of students. (2) The shortage is the result of many factors including low pay, frequent turnover in school leadership, poor teaching conditions, and inadequate teacher supports. (3) The shortage is worse in high-poverty areas where the factors contributing to the shortage are particularly acute and have an increased negative impact on teachers of color remaining in the field. (4) A child's access to high-quality early childhood education is critical to supporting positive outcomes, and early childhood educators-- (A) play an important role in setting the foundation for future learning, and (B) promote the development of vital skills, habits, and mindsets that children need to be successful in school and in life. (5) In 2019, the national median pay of early childhood educators was a mere $30,520, with many early childhood educators relying on government assistance programs such as Medicaid, the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), or the temporary assistance for needy families program established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), and struggling to provide for their own families. (6) Studies have demonstrated that well-qualified, experienced teachers are the single most important school-based element contributing to a child's academic achievement and success. (7) In 2019, the average teacher salary in public elementary schools and secondary schools was only $64,470, which is on average 19.2 percent less than other college graduates working in non-teaching fields, and with many teachers struggling with large amounts of student loan debt. (8) An experienced, well-qualified education workforce must also be reflective of the diversity of the student body across race, ethnicity, and disability. (9) Experienced, well-qualified school leaders and school- based mental health service providers are essential for providing strong educational opportunities and services for students and promoting teacher retention through improved professional supports and teaching conditions. (10) In 2020, surveys found nearly 27 percent of educators were considering leaving teaching due to the COVID-19 pandemic, including 55 percent of teachers with more than 30 years of experience. SEC. 4. REFUNDABLE TAX CREDIT FOR TEACHER AND SCHOOL LEADER RETENTION. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of subtitle A of the Internal Revenue Code of 1986 is amended by inserting after section 36B the following new section: ``SEC. 36C. TEACHER AND SCHOOL LEADER RETENTION CREDIT. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual who is employed in a position described in paragraph (2) during a school year ending with or within the taxable year, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the applicable amount (as determined under subsection (b)). ``(2) Eligible positions.--The positions described in this paragraph shall consist of the following: ``(A) An eligible early childhood educator. ``(B) An eligible early childhood education program director. ``(C) An eligible early childhood education provider. ``(D) An eligible teacher. ``(E) An eligible paraprofessional. ``(F) An eligible school-based mental health services provider. ``(G) An eligible school leader. ``(b) Applicable Amount.-- ``(1) In general.--For purposes of this section, the applicable amount shall be an amount determined based on the number of school years for which the individual has been continuously employed in any position described in subsection (a)(2), as follows: ``(A) Subject to paragraph (2), for the first year of employment, $5,800. ``(B) For the second continuous year of employment, $5,800. ``(C) For the third and fourth continuous year of employment, $7,000. ``(D) For the fifth, sixth, seventh, eighth, and ninth continuous year of employment, $8,700. ``(E) For the tenth continuous year of employment, $11,600. ``(F) For the eleventh, twelfth, thirteenth, fourteenth, and fifteenth continuous year of employment, $8,700. ``(G) For the sixteenth continuous year of employment, $7,000. ``(H) For the seventeenth, eighteenth, nineteenth, and twentieth continuous year of employment, $5,800. ``(2) First year.--For purposes of the first year of employment ending with or within a taxable year, an individual must have been so employed for a period of not less than 4 months before the first day of such taxable year. ``(3) Limitation based on total number of school years.--In the case of any individual who has been employed in any position described in subsection (a)(2) for a total of more than 20 school years, the applicable amount shall be reduced to zero. ``(c) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning after 2022, each of the dollar amounts in subsection (b)(1) 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.--If any increase determined under paragraph (1) is not a multiple of $100, such increase shall be rounded to the nearest multiple of $100. ``(d) Supplementing, Not Supplanting, State and Local Education Funds.-- ``(1) In general.--A State educational agency or local educational agency shall not reduce or adjust any compensation, or any assistance provided through a loan forgiveness program, to an employee of the State educational agency or local educational agency who serves in any position described in subsection (a)(2) due to the individual's eligibility for the credit under this section. ``(2) Methodology.--Upon request by the Secretary of Education, a State educational agency or local educational agency shall reasonably demonstrate that the methodology used to allocate amounts for compensation and for loan forgiveness to the employees described in paragraph (1) at qualifying schools or qualifying early childhood education programs ensures that employees at each qualifying school or qualifying early childhood education program in the State or served by the local educational agency, respectively, receive the same amount of State or local funds for compensation and loan forgiveness that the qualifying school or qualifying early childhood education program would receive if the credit under this section had not been enacted. ``(e) Information Sharing.--The Secretary of Education and the Secretary of Health and Human Services shall provide the Secretary with such information as is necessary for purposes of determining whether an early childhood education program or an elementary school or secondary school satisfies the requirements for a qualifying early childhood education program or a qualifying school, respectively. ``(f) Definitions.--For purposes of this section-- ``(1) ESEA definitions.--The terms `elementary school', `local educational agency', `secondary school', and `State educational agency' 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 early childhood education program director.--The term `eligible early childhood education program director' means an employee or officer of a qualifying early childhood education program who is responsible for the daily instructional leadership and managerial operations of such program. ``(3) Eligible early childhood education provider.--The term `eligible early childhood education provider' means an individual-- ``(A) who-- ``(i) has an associate's degree or higher degree in early childhood education or a related field, or ``(ii) is enrolled during the taxable year in a program leading to such an associate's or higher degree and is making satisfactory progress toward such degree, and ``(B) who is responsible for the daily instructional leadership and managerial operations of a qualifying early childhood education program in a home- based setting. ``(4) Eligible early childhood educator.--The term `eligible early childhood educator' means an individual-- ``(A) who-- ``(i) has an associate's degree or higher degree in early childhood education or a related field, or ``(ii) is enrolled during the taxable year in a program leading to such an associate's or higher degree and is making satisfactory progress toward such degree, ``(B) who has credentials or a license under State law for early childhood education, as applicable, and ``(C) whose primary responsibility is for the learning and development of children in a qualifying early childhood education program during the taxable year. ``(5) Eligible paraprofessional.--The term `eligible paraprofessional' means an individual-- ``(A) who is a paraprofessional, as defined in section 3201 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7011), ``(B) who meets the applicable State professional standards and qualifications pursuant to section 1111(g)(2)(M) of such Act (20 U.S.C. 6311(g)(2)(M)), ``(C) whose primary responsibilities involve working or assisting in a classroom setting, and ``(D) who is employed in a qualifying school or a qualifying early childhood education program. ``(6) Eligible school-based mental health services provider.--The term `eligible school-based mental health services provider' means an individual-- ``(A) described in section 4102(6) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7112(6)), and ``(B) who is employed in a qualifying school or a qualifying early childhood education program. ``(7) Eligible school leader.--The term `eligible school leader' means a principal, assistant principal, or other individual who is-- ``(A) an employee or officer of a qualifying school, and ``(B) responsible for the daily instructional leadership and managerial operations in the qualifying school. ``(8) Eligible teacher.--The term `eligible teacher' means an individual who-- ``(A) is an elementary school or secondary school teacher who, as determined by the State or local educational agency, is a teacher of record who provides direct classroom teaching (or classroom-type teaching in a nonclassroom setting) to students in a qualifying school, and ``(B) meets applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, in the State in which such school is located and in the subject area in which the individual is the teacher of record. ``(9) Qualifying early childhood education program.-- ``(A) In general.--The term `qualifying early childhood education program' means an early childhood education program, as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003), that, regardless of setting-- ``(i) serves children who receive services for which financial assistance is provided in accordance with the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9857 et seq.), the Head Start Act (42 U.S.C. 9831 et seq.), or the child and adult care food program established under section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766), and ``(ii) participates in a State tiered and transparent system for measuring program quality. ``(B) Special rule.--Notwithstanding subparagraph (A), an early childhood program that does not satisfy the requirements of subparagraph (A)(ii) shall be deemed to be a qualifying early childhood education program until September 30, 2021, if the program-- ``(i) satisfies all requirements of subparagraph (A) except for clause (ii) of such subparagraph, and ``(ii)(I) meets the Head Start program performance standards described in section 641A(a) of the Head Start Act (42 U.S.C. 9836a(a)), if applicable, or ``(II) is accredited by a national accreditor of early learning programs as of the date of enactment of the Retaining Educators Takes Added Investment Now Act. ``(10) Qualifying school.--The term `qualifying school' means-- ``(A) a public elementary school or secondary school that-- ``(i) is in the school district of a local educational agency that is eligible for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), or ``(ii) is served or operated by an educational service agency that is eligible for such assistance, or ``(B) an elementary school or secondary school that is funded by the Bureau of Indian Education and that is in the school district of a local educational agency that is eligible for such assistance.''. (b) W-2 Reporting of Continuous Employment for Certain Positions at Qualifying Early Childhood Education Programs or Qualifying Schools.-- Section 6051(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (16), by striking the period at the end of paragraph (17) and inserting ``, and'', and by inserting after paragraph (17) the following new paragraph: ``(18) in the case of an employee who is employed in a position described in subsection (a)(2) of section 36C, the number of school years for which such employee has been continuously employed in any such position.''. (c) Conforming Amendments.-- (1) The table of sections for subpart C of part IV of subchapter A of chapter 1 of subtitle A of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following: ``Sec. 36C. Teacher and school leader retention credit.''. (2) Section 6211(b)(4)(A) of such Code is amended by inserting ``36C,'' after ``36B,''. (3) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36C,'' after ``36B,''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. SEC. 5. DEVELOPING INTERAGENCY DATA SERIES. The Secretary of Labor, in coordination with the Secretary of the Treasury, the Secretary of Education, and the Secretary of Health and Human Services, shall-- (1) develop and publish on the internet website of the Bureau of Labor Statistics a data series that captures-- (A) the average base salary of teachers in elementary schools and secondary schools, disaggregated by-- (i) employment in public elementary schools and secondary schools that receive assistance under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), (ii) employment in public elementary schools and secondary schools that do not receive such assistance, and (iii) geographic region, and (B) the average base salary of early childhood educators, disaggregated by highest level of degree attained, and (2) update the data series under paragraph (1) on an annual basis. <all>

RETAIN Act

A bill to amend the Internal Revenue Code of 1986 to address the teacher and school leader shortage in early childhood, elementary, and secondary education, and for other purposes.

RETAIN Act Retaining Educators Takes Added Investment Now Act

Sen. Durbin, Richard J.

D

IL

H.R.1800

Health

Women and Lung Cancer Research and Preventive Services Act of 2021 This bill requires the Department of Health and Human Services to conduct an interagency review of the status of women and lung cancer. The review must

To require a review of women and lung cancer, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Women and Lung Cancer Research and Preventive Services Act of 2021''. SEC. 2. FINDINGS. Congress finds as follows: (1) According to the American Cancer Society, in the United States, approximately 171 women die each day of lung cancer, or about one woman every 8.4 minutes. (2) Lung cancer is the leading cause of cancer death among women. (3) The American Cancer Society estimates that 62,470 women will die of lung cancer in 2021. (4) Studies have shown a higher incidence rate of lung cancer for women who were never smokers compared to men who were never smokers. (5) According to the American Cancer Society, new cases of lung cancer dropped by 3 percent per year in men from 2011 to 2015, while new cases in women only dropped 1.5 percent per year in the same time period. (6) According to the 2014 report, ``The Health Consequences of Smoking--50 Years of Progress: A Report of the Surgeon General, 2014'', the relative risk of developing lung cancer increased tenfold among female smokers between 1959 and 2010. (7) According to the American Cancer Society, approximately 40 percent of lung cancers are adenocarcinoma, a subtype of non-small cell lung cancer, which is the most common type of cancer seen in non-smokers and is more common in women than in men. (8) According to the Environmental Protection Agency, exposure to radon accounts for approximately 21,000 deaths from lung cancer each year and is the leading cause of lung cancer in non-smokers. (9) A Government Accountability Office report published on October 22, 2015, called for the National Institutes of Health to do more in evaluating gender differences in research. (10) Additional research strategies, including clinical trials, are necessary to explore the differences in lung cancer risk factors, incidence, and treatment response in women, and to address the disparate impact of lung cancer on women who have never smoked. (11) Lung cancer screening, which can detect lung cancer at its earliest, most curable stage, is a covered service available without cost-sharing for those at high risk. (12) Published peer-reviewed actuarial studies indicate that lung cancer screening individuals at high risk may be cost-effective. (13) The National Framework of Excellence in Lung Cancer Screening and Continuum of Care, launched in 2012, demonstrated that lung cancer screening can be safely and effectively carried out in community hospital settings around the Nation. (14) Information on the impact of lung cancer on women and the importance of early detection should be incorporated into all relevant public health awareness campaigns. SEC. 3. SENSE OF CONGRESS CONCERNING WOMEN AND LUNG CANCER. It is the sense of Congress that-- (1) there is a disparate impact of lung cancer on women and, in particular, on women who have never smoked; (2) additional research strategies to explore the differences in women with respect to lung cancer risk factors, incidence, histology, and response to treatment are justified and necessary; (3) the implementation of lung cancer preventive services for women should be accelerated; and (4) the public health agencies of the Federal Government should coordinate public education and awareness programs on the impact of lung cancer on women and the importance of early detection. SEC. 4. INTERAGENCY REVIEW TO EVALUATE AND IDENTIFY OPPORTUNITIES FOR THE ACCELERATION OF RESEARCH ON WOMEN AND LUNG CANCER, GREATER ACCESS TO PREVENTIVE SERVICES, AND STRATEGIC PUBLIC AWARENESS AND EDUCATION CAMPAIGNS. (a) In General.--The Secretary of Health and Human Services, in consultation with the Secretary of Defense and Secretary of Veterans Affairs, shall conduct an interagency review to evaluate the status of, and identify opportunities related to-- (1) research on women and lung cancer; (2) access to lung cancer preventive services; and (3) strategic public awareness and education campaigns on lung cancer. (b) Content.--The review and recommendations under subsection (a) shall include-- (1) a review and comprehensive report on the outcomes of previous research, the status of existing research activities, and knowledge gaps related to women and lung cancer in all agencies of the Federal Government; (2) specific opportunities for collaborative, interagency, multidisciplinary, and innovative research, that would-- (A) encourage innovative approaches to eliminate knowledge gaps in research; (B) evaluate environmental and genomic factors that may be related to the etiology of lung cancer in women; and (C) foster advances in imaging technology to improve risk assessment, diagnosis, treatment, and the simultaneous application of other preventive services; (3) opportunities regarding the development of a national lung cancer screening strategy with sufficient infrastructure and personnel resources to expand access to such screening, particularly among underserved populations; and (4) opportunities regarding the development of a national public education and awareness campaign on women and lung cancer and the importance of early detection of lung cancer. (c) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the review conducted under subsection (a). <all>

Women and Lung Cancer Research and Preventive Services Act of 2021

To require a review of women and lung cancer, and for other purposes.

Women and Lung Cancer Research and Preventive Services Act of 2021

Rep. Boyle, Brendan F.

D

PA

H.R.945

Health

This bill establishes programs and requires research to diversify the perinatal workforce and advance respectful maternal care delivery models. Specifically, the Department of Health and Human Services (HHS) must award grants to education and training programs to grow and diversify the professions that make up the perinatal workforce. HHS must also disseminate guidance on respectful maternal care delivery. This guidance must cover, among other topics, recruiting and retaining maternity care providers from diverse backgrounds and incorporating trained midwives and other perinatal health workers into maternity care teams. In addition, the National Institutes of Health must study best practices for culturally congruent maternity care. This is care that is in agreement with the preferred cultural values, beliefs, languages, worldview, and practices of health care consumers and other stakeholders. The Government Accountability Office must also report on certain aspects of perinatal health care professions. The report must focus on barriers to entering those professions for low-income and minority women.

To direct the Secretary of Health and Human Services to issue guidance to States to educate providers, managed care entities, and other insurers about the value and process of delivering respectful maternal health care through diverse and multidisciplinary care provider models, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. HHS AGENCY DIRECTIVES. (a) Guidance to States.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall issue and disseminate guidance to States to educate providers, managed care entities, and other insurers about the value and process of delivering respectful maternal health care through diverse and multidisciplinary care provider models. (2) Contents.--The guidance required by paragraph (1) shall address how States can encourage and incentivize hospitals, health systems, midwifery practices, freestanding birth centers, other maternity care provider groups, managed care entities, and other insurers-- (A) to recruit and retain maternity care providers, mental and behavioral health care providers acting in accordance with State law, registered dietitians or nutrition professionals (as such term is defined in section 1861(vv)(2) of the Social Security Act (42 U.S.C. 1395x(vv)(2))), and lactation consultants certified by the International Board of Lactation Consultants Examiners-- (i) from racially, ethnically, and linguistically diverse backgrounds; (ii) with experience practicing in racially and ethnically diverse communities; and (iii) who have undergone training on implicit bias and racism; (B) to incorporate into maternity care teams-- (i) midwives who meet at a minimum the international definition of the midwife and global standards for midwifery education as established by the International Confederation of Midwives; and (ii) perinatal health workers; (C) to provide collaborative, culturally congruent care; and (D) to provide opportunities for individuals enrolled in accredited midwifery education programs to participate in job shadowing with maternity care teams in hospitals, health systems, midwifery practices, and freestanding birth centers. (b) Study on Respectful and Culturally Congruent Maternity Care.-- (1) Study.--The Secretary of Health and Human Services acting through the Director of the National Institutes of Health (in this subsection referred to as the ``Secretary'') shall conduct a study on best practices in respectful and culturally congruent maternity care. (2) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall-- (A) complete the study required by paragraph (1); (B) submit to the Congress and make publicly available a report on the results of such study; and (C) include in such report-- (i) a compendium of examples of hospitals, health systems, midwifery practices, freestanding birth centers, other maternity care provider groups, managed care entities, and other insurers that are delivering respectful and culturally congruent maternal health care; (ii) a compendium of examples of hospitals, health systems, midwifery practices, freestanding birth centers, other maternity care provider groups, managed care entities, and other insurers that have made progress in reducing disparities in maternal health outcomes and improving birthing experiences for pregnant and postpartum individuals from racial and ethnic minority groups; and (iii) recommendations to hospitals, health systems, midwifery practices, freestanding birth centers, other maternity care provider groups, managed care entities, and other insurers, for best practices in respectful and culturally congruent maternity care. SEC. 2. GRANTS TO GROW AND DIVERSIFY THE PERINATAL WORKFORCE. Title VII of the Public Health Service Act is amended by inserting after section 757 (42 U.S.C. 294f) the following new section: ``SEC. 758. PERINATAL WORKFORCE GRANTS. ``(a) In General.--The Secretary shall award grants to entities to establish or expand programs described in subsection (b) to grow and diversify the perinatal workforce. ``(b) Use of Funds.--Recipients of grants under this section shall use the grants to grow and diversify the perinatal workforce by-- ``(1) establishing schools or programs that provide education and training to individuals seeking appropriate licensing or certification as-- ``(A) physician assistants who will complete clinical training in the field of maternal and perinatal health; or ``(B) perinatal health workers; and ``(2) expanding the capacity of existing schools or programs described in paragraph (1), for the purposes of increasing the number of students enrolled in such schools or programs, including by awarding scholarships for students. ``(c) Prioritization.--In awarding grants under this section, the Secretary shall give priority to any entity that-- ``(1) has demonstrated a commitment to recruiting and retaining students and faculty from racial and ethnic minority groups; ``(2) has developed a strategy to recruit and retain a diverse pool of students into the perinatal workforce program or school supported by funds received through the grant, particularly from racial and ethnic minority groups and other underserved populations; ``(3) has developed a strategy to recruit and retain students who plan to practice in a health professional shortage area designated under section 332; ``(4) has developed a strategy to recruit and retain students who plan to practice in an area with significant racial and ethnic disparities in maternal health outcomes, to the extent practicable; and ``(5) includes in the standard curriculum for all students within the perinatal workforce program or school a bias, racism, or discrimination training program that includes training on implicit bias and racism. ``(d) Reporting.--As a condition on receipt of a grant under this section for a perinatal workforce program or school, an entity shall agree to submit to the Secretary an annual report on the activities conducted through the grant, including-- ``(1) the number and demographics of students participating in the program or school; ``(2) the extent to which students in the program or school are entering careers in-- ``(A) health professional shortage areas designated under section 332; and ``(B) areas with significant racial and ethnic disparities in maternal health outcomes, to the extent such data are available; and ``(3) whether the program or school has included in the standard curriculum for all students a bias, racism, or discrimination training program that includes explicit and implicit bias, and if so the effectiveness of such training program. ``(e) Period of Grants.--The period of a grant under this section shall be up to 5 years. ``(f) Application.--To seek a grant under this section, an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including any information necessary for prioritization under subsection (c). ``(g) Technical Assistance.--The Secretary shall provide, directly or by contract, technical assistance to entities seeking or receiving a grant under this section on the development, use, evaluation, and post- grant period sustainability of the perinatal workforce programs or schools proposed to be, or being, established or expanded through the grant. ``(h) Report by the Secretary.--Not later than 4 years after the date of enactment of this section, the Secretary shall prepare and submit to the Congress, and post on the internet website of the Department of Health and Human Services, a report on the effectiveness of the grant program under this section at-- ``(1) recruiting students from racial and ethnic minority groups; ``(2) increasing the number of physician assistants who will complete clinical training in the field of maternal and perinatal health, and perinatal health workers, from racial and ethnic minority groups and other underserved populations; ``(3) increasing the number of physician assistants who will complete clinical training in the field of maternal and perinatal health, and perinatal health workers, working in health professional shortage areas designated under section 332; and ``(4) increasing the number of physician assistants who will complete clinical training in the field of maternal and perinatal health, and perinatal health workers, working in areas with significant racial and ethnic disparities in maternal health outcomes, to the extent such data are available. ``(i) Definition.--In this section, the term `racial and ethnic minority group' has the meaning given such term in section 1707(g). ``(j) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $15,000,000 for each of fiscal years 2022 through 2026.''. SEC. 3. GRANTS TO GROW AND DIVERSIFY THE NURSING WORKFORCE IN MATERNAL AND PERINATAL HEALTH. Title VIII of the Public Health Service Act is amended by inserting after section 811 of that Act (42 U.S.C. 296j) the following: ``SEC. 812. PERINATAL NURSING WORKFORCE GRANTS. ``(a) In General.--The Secretary shall award grants to schools of nursing to grow and diversify the perinatal nursing workforce. ``(b) Use of Funds.--Recipients of grants under this section shall use the grants to grow and diversify the perinatal nursing workforce by providing scholarships to students seeking to become-- ``(1) nurse practitioners whose education includes a focus on maternal and perinatal health; or ``(2) clinical nurse specialists whose education includes a focus on maternal and perinatal health. ``(c) Prioritization.--In awarding grants under this section, the Secretary shall give priority to any school of nursing that-- ``(1) has developed a strategy to recruit and retain a diverse pool of students seeking to enter careers focused on maternal and perinatal health, particularly students from racial and ethnic minority groups and other underserved populations; ``(2) has developed a partnership with a practice setting in a health professional shortage area designated under section 332 for the clinical placements of the school's students; ``(3) has developed a strategy to recruit and retain students who plan to practice in an area with significant racial and ethnic disparities in maternal health outcomes, to the extent practicable; and ``(4) includes in the standard curriculum for all students seeking to enter careers focused on maternal and perinatal health a bias, racism, or discrimination training program that includes education on implicit bias and racism. ``(d) Reporting.--As a condition on receipt of a grant under this section, a school of nursing shall agree to submit to the Secretary an annual report on the activities conducted through the grant, including, to the extent practicable-- ``(1) the number and demographics of students in the school of nursing seeking to enter careers focused on maternal and perinatal health; ``(2) the extent to which such students are preparing to enter careers in-- ``(A) health professional shortage areas designated under section 332; and ``(B) areas with significant racial and ethnic disparities in maternal health outcomes, to the extent such data are available; and ``(3) whether the standard curriculum for all students seeking to enter careers focused on maternal and perinatal health includes a bias, racism, or discrimination training program that includes education on implicit bias and racism. ``(e) Period of Grants.--The period of a grant under this section shall be up to 5 years. ``(f) Application.--To seek a grant under this section, an entity shall submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, including any information necessary for prioritization under subsection (c). ``(g) Technical Assistance.--The Secretary shall provide, directly or by contract, technical assistance to schools of nursing seeking or receiving a grant under this section on the processes of awarding and evaluating scholarships through the grant. ``(h) Report by the Secretary.--Not later than 4 years after the date of enactment of this section, the Secretary shall prepare and submit to the Congress, and post on the internet website of the Department of Health and Human Services, a report on the effectiveness of the grant program under this section at-- ``(1) recruiting students from racial and ethnic minority groups and other underserved populations; ``(2) increasing the number of nurse practitioners and clinical nurse specialists entering careers focused on maternal and perinatal health from racial and ethnic minority groups and other underserved populations; ``(3) increasing the number of nurse practitioners and clinical nurse specialists entering careers focused on maternal and perinatal health working in health professional shortage areas designated under section 332; and ``(4) increasing the number of nurse practitioners and clinical nurse specialists entering careers focused on maternal and perinatal health working in areas with significant racial and ethnic disparities in maternal health outcomes, to the extent such data are available. ``(i) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $15,000,000 for each of fiscal years 2022 through 2026.''. SEC. 4. GAO REPORT. (a) In General.--Not later than two years after the date of enactment of this Act and every five years thereafter, the Comptroller General of the United States shall submit to Congress a report on barriers to maternal health education and access to care in the United States. Such report shall include the information and recommendations described in subsection (b). (b) Content of Report.--The report under subsection (a) shall include-- (1) an assessment of current barriers to entering accredited midwifery education programs, and recommendations for addressing such barriers, particularly for low-income women and women from racial and ethnic minority groups; (2) an assessment of current barriers to entering and successfully completing accredited education programs for other health professional careers related to maternity care, including maternity care providers, mental and behavioral health care providers acting in accordance with State law, registered dietitians or nutrition professionals (as such term is defined in section 1861(vv)(2) of the Social Security Act (42 U.S.C. 1395x(vv)(2)), and lactation consultants certified by the International Board of Lactation Consultants Examiners, particularly for low-income women and women from racial and ethnic minority groups; (3) an assessment of current barriers that prevent midwives from meeting the international definition of the midwife and global standards for midwifery education as established by the International Confederation of Midwives, and recommendations for addressing such barriers, particularly for low-income women and women from racial and ethnic minority groups; (4) an assessment of disparities in access to maternity care providers, mental or behavioral health care providers acting in accordance with State law, registered dietitians or nutrition professionals (as such term is defined in section 1861(vv)(2) of the Social Security Act (42 U.S.C. 1395x(vv)(2))), lactation consultants certified by the International Board of Lactation Consultants Examiners, and perinatal health workers, stratified by race, ethnicity, gender identity, geographic location, and insurance type and recommendations to promote greater access equity; and (5) recommendations to promote greater equity in compensation for perinatal health workers under public and private insurers, particularly for such individuals from racially and ethnically diverse backgrounds. SEC. 5. DEFINITIONS. In this Act: (1) Culturally congruent.--The term ``culturally congruent'', with respect to care or maternity care, means care that is in agreement with the preferred cultural values, beliefs, worldview, language, and practices of the health care consumer and other stakeholders. (2) Maternity care provider.--The term ``maternity care provider'' means a health care provider who-- (A) is a physician, physician assistant, midwife who meets at a minimum the international definition of the midwife and global standards for midwifery education as established by the International Confederation of Midwives, nurse practitioner, or clinical nurse specialist; and (B) has a focus on maternal or perinatal health. (3) Perinatal health worker.--The term ``perinatal health worker'' means a doula, community health worker, peer supporter, breastfeeding and lactation educator or counselor, nutritionist or dietitian, childbirth educator, social worker, home visitor, language interpreter, or navigator. (4) Postpartum and postpartum period.--The terms ``postpartum'' and ``postpartum period'' refer to the 1-year period beginning on the last day of the pregnancy of an individual. (5) Racial and ethnic minority group.--The term ``racial and ethnic minority group'' has the meaning given such term in section 1707(g)(1) of the Public Health Service Act (42 U.S.C. 300u-6(g)(1)). <all>

To direct the Secretary of Health and Human Services to issue guidance to States to educate providers, managed care entities, and other insurers about the value and process of delivering respectful maternal health care through diverse and multidisciplinary care provider models, and for other purposes.

To direct the Secretary of Health and Human Services to issue guidance to States to educate providers, managed care entities, and other insurers about the value and process of delivering respectful maternal health care through diverse and multidisciplinary care provider models, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To direct the Secretary of Health and Human Services to issue guidance to States to educate providers, managed care entities, and other insurers about the value and process of delivering respectful maternal health care through diverse and multidisciplinary care provider models, and for other purposes.

Rep. Moore, Gwen

D

WI

H.R.4852

Taxation

Residential Solar Opportunity Act of 2021 This bill modifies the rate of the residential energy efficient property tax credit and makes such credit permanent.

To amend the Internal Revenue Code of 1986 to make the credit for a residential energy efficient property permanent. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Residential Solar Opportunity Act of 2021''. SEC. 2. MAKING THE CREDIT FOR A RESIDENTIAL ENERGY EFFICIENT PROPERTY PERMANENT. (a) Adjustment of Applicable Percentage.--Section 25D(g) of the Internal Revenue Code of 1986 is amended to read as follows: ``(g) Applicable Percentage.--For purposes of subsection (a), the applicable percentage shall be-- ``(1) in the case of property placed in service after December 31, 2016, and before January 1, 2027, 30 percent, ``(2) in the case of property placed in service after December 31, 2026, and before January 1, 2028, 26 percent, ``(3) in the case of property placed in service after December 31, 2027, and before January 1, 2029, 22 percent, and ``(4) in the case of property placed in service after December 31, 2028, 10 percent.''. (b) Repeal of Termination Date.--Section 25D of such Code is amended by striking subsection (h). <all>

Residential Solar Opportunity Act of 2021

To amend the Internal Revenue Code of 1986 to make the credit for a residential energy efficient property permanent.

Residential Solar Opportunity Act of 2021

Rep. Sánchez, Linda T.

D

CA

S.4481

Health

INsulin For Our Recurring Medical Needs Act or the INFORM Act This bill requires the Department of Health and Human Services (HHS) to compile and publish on its website information about publicly available pharmaceutical affordability assistance programs, including for insulin. HHS also must distribute various printed materials with such information to health facilities, including community health centers, medical clinics, pharmacies, and hospitals.

To require the Secretary of Health and Human Services to collect and disseminate information about pharmaceutical affordability 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 ``INsulin For Our Recurring Medical Needs Act'' or the ``INFORM Act''. SEC. 2. COMPILATION OF INFORMATION ABOUT PHARMACEUTICAL AFFORDABILITY ASSISTANCE PROGRAMS. The Secretary of Health and Human Services shall-- (1) compile information on publicly available pharmaceutical affordability assistance programs, including for insulin, and including any such programs administered by pharmaceutical manufacturers or by nonprofit entities; (2) display the information described in paragraph (1) in an easily digestible format on the public website of the Department of Health and Human Services; and (3) distribute pamphlets, brochures, and other printed materials containing such information to health facilities, including community health centers, medical clinics, pharmacies, and hospitals. <all>

INsulin For Our Recurring Medical Needs Act

A bill to require the Secretary of Health and Human Services to collect and disseminate information about pharmaceutical affordability assistance programs.

INFORM Act INsulin For Our Recurring Medical Needs Act

Sen. Ernst, Joni

R

IA

S.4752

Public Lands and Natural Resources

Malheur Community Empowerment for the Owyhee Act This bill addresses various public land concerns in Malheur County in Oregon. The bill directs the Department of the Interior to prepare a programmatic environmental impact statement for certain federal land in the county. Interior shall develop plans for areas that are ecologically degraded or most at risk of being ecologically degraded. Interior shall establish the Malheur Community Empowerment for Owyhee Group, which shall, among other things, use such statement to review projects proposed to the Bureau of Land Management by group members, ranchers holding grazing permits on the federal land, or other members of the public. The bill also

To require the Secretary of the Interior to prepare a programmatic environmental impact statement allowing for adaptive management of certain Federal land in Malheur County, Oregon, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Malheur Community Empowerment for the Owyhee Act''. SEC. 2. DEFINITIONS. In this Act: (1) Active management.--The term ``active management'' means those actions that are proposed or implemented-- (A) to address degraded or non-functioning resource conditions that would not improve without on-the-ground treatments; (B) to respond to specific, identified resource conditions described in subparagraph (A); and (C) to meet resource objectives and desired outcomes. (2) Adaptive management.--The term ``adaptive management'' means management based on a relationship between research and management practices in which management practices are developed and modified based on a recurring evaluation of data, collected on a recurring basis by and for the Monitoring Network, for the purpose of allowing timely reactions to changing conditions on Federal land-- (A) to achieve, retain, or improve the ecological health and functionality of the Federal land; and (B) to achieve desired future conditions on the Federal land. (3) Bureau.--The term ``Bureau'' means the Bureau of Land Management. (4) Center.--The term ``Center'' means the Native Seed Center established under section 6(e)(1)(A). (5) Commissioner.--The term ``Commissioner'' means the Commissioner of Reclamation. (6) County.--The term ``County'' means Malheur County, Oregon. (7) Cultural.--The term ``cultural'' means relating to the sites, areas, or artifacts of, or traditional uses of land by, indigenous peoples. (8) Cultural resources.--The term ``cultural resources'' means-- (A) the sites, areas, and artifacts of indigenous peoples; and (B) the existing uses of land by indigenous peoples. (9) Ecological health.--The term ``ecological health'' means the ability of the ecological processes of an ecosystem to function in a manner that maintains the structure, composition, activity, and resilience of the ecosystem over time, including an ecologically appropriate diversity of plant communities, habitats, and conditions that are sustainable through successional processes. (10) Federal land.-- (A) In general.--The term ``Federal land'' means all land in the County the title to which is held by the United States. (B) Exclusions.--The term ``Federal land'' does not include-- (i) any Forest Service land; or (ii) any land held in trust by the Bureau of Indian Affairs. (11) Invasive species.--The term ``invasive species'' means a species of nonnative aggressive plant with the potential to cause-- (A) significant damage to a native ecosystem; or (B) significant economic losses. (12) Loop road.-- (A) In general.--The term ``loop road'' means a route determined by the Malheur CEO Group that is managed and maintained by the Bureau and the County for the purpose of providing directed tourism and educational opportunities in the County. (B) Inclusion.--The term ``loop road'' includes each of the roads described in paragraphs (2) through (5) of section 6(a). (13) Malheur ceo advisory committee.--The term ``Malheur CEO Advisory Committee'' means the Malheur Community Empowerment for Owyhee Group Advisory Committee established under section 4(c)(7)(A). (14) Malheur ceo group.--The term ``Malheur CEO Group'' means the Malheur Community Empowerment for Owyhee Group established under section 4(c)(1). (15) Monitoring data.-- (A) In general.--The term ``monitoring data'' means data that is-- (i) collected through a memorandum of understanding entered into under section 4(e)(1); and (ii) provided to the Bureau at a frequency sufficient-- (I) to monitor the ecological functionality of Federal land subject to a programmatic environmental impact statement prepared under section 4(a)(1); and (II) to use for adaptive management of that Federal land. (B) Inclusion.--The term ``monitoring data'' includes data in existence on the date of enactment of this Act. (16) Monitoring network.--The term ``Monitoring Network'' means the network of monitoring partners and protocols established under section 4(e)(1), including the parties to, and protocols established under, each memorandum of understanding entered into under that section for the purpose of implementing adaptive management of the Federal land. (17) Native seed center establishment group.--The term ``Native Seed Center Establishment Group'' means the group established pursuant to the memorandum of understanding entered into under section 6(e)(1)(B). (18) Passive management.--The term ``passive management'' means those actions that are proposed or implemented to address degraded or non-functioning resource conditions that are expected to improve without additional on-the-ground actions, such that resource objectives and desired outcomes are anticipated to be reached without additional human intervention. (19) Restoration area.--The term ``restoration area'' means an area of Federal land in need of active or passive management-- (A) to restore the ecological health of the area; or (B) to prevent the ecological degradation of the area from-- (i) demonstrably encroaching invasive species; or (ii) other threats. (20) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. PURPOSE AND OBJECTIVES. (a) Purpose.--The purpose of this Act is to promote the long-term ecological health of the Federal land to support communities and natural resources. (b) Objectives.-- (1) In general.--To further the purpose described in subsection (a), the Secretary shall manage the Federal land for the benefit of present and future generations-- (A) to support and grow local communities and economies; (B) to protect the cultural resources and western traditions for which the Federal land is known; (C) to maintain grazing on the Federal land-- (i) for the economic well-being of the County; and (ii) as a tool to improve the ecological health of the Federal land; (D) to protect and enhance the cultural, ecological, and economic needs of the Burns Paiute Tribe; (E) to maintain and enhance the latest available science-based adaptive management of the Federal land; (F) to prevent invasive species encroachment and large fires through management practices that focus on restoration of the ecosystem; (G) to ensure the conservation and improved management of the ecological, social, and economic environment, including geological, biological, wildlife, fish, riparian, and scenic resources; (H) to address the management uncertainties on the Federal land to provide greater stability of natural resource management on the Federal land; and (I) to promote and foster cooperation, communication, and understanding, and reduce conflict, among all users of the Federal land. (2) Approach.--The Secretary shall carry out the duties of the Secretary under this Act in a manner that-- (A) furthers the purpose described in subsection (a) and the objectives described in paragraph (1); (B) ensures the collection of relevant data to monitor and evaluate the ecological health of the Federal land; (C) ensures that adaptive management actions improve the ecological health of the Federal land; (D) builds inclusivity in the County by promoting the involvement of local grazing allotment holders, institutions of higher education, volunteers, Federal agencies, and other interested parties in the Monitoring Network while standardizing data collection; and (E) promotes cooperation, communication, and understanding within the County to reduce conflict among all users of Federal land. SEC. 4. ADAPTIVE MANAGEMENT OF FEDERAL LAND IN THE COUNTY. (a) Programmatic Environmental Impact Statement.-- (1) Preparation.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, and every 10 years thereafter, the Secretary, in consultation with the Commissioner and after obtaining input from the Malheur CEO Group, shall prepare a programmatic environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the Federal land using-- (i) existing and up-to-date planning documents, processes, and data; and (ii) in the case of the first programmatic environmental impact statement, any planning and data documentation that is in development on the date of enactment of this Act. (B) Priorities.-- (i) Priority actions for missing data.--The Secretary shall give priority to the completion of any analysis relating to areas on the landscape for which planning or data are lacking during the year in which a programmatic environmental impact statement under subparagraph (A) is prepared. (ii) Baseline soil and vegetative health assessments.--In carrying out subparagraph (A), the Secretary shall give priority to the completion of baseline soil and vegetative health assessments on the Federal land. (C) Protection of the federal land.--In carrying out subparagraph (A), the Secretary shall include an analysis of the conditions and actions necessary to ensure that the adaptive management carried out under a programmatic environmental impact statement will not degrade the ecological health of the Federal land. (D) Supplementation of existing grazing regulations.--A programmatic environmental impact statement under subparagraph (A) shall supplement, and not supplant, existing grazing regulations, including part 4100 of subchapter D of chapter II of subtitle B of title 43, Code of Federal Regulations (or successor regulations). (E) Consideration of other law.--The Secretary shall ensure that each programmatic environmental impact statement under subparagraph (A) takes consideration of, and is consistent with-- (i) the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.); (ii) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); (iii) division A of subtitle III of title 54, United States Code (formerly known as the ``National Historic Preservation Act''); and (iv) Executive Order No. 13007 (42 U.S.C. 1996 note; relating to Indian sacred sites). (2) Adaptive management.--Each programmatic environmental impact statement under paragraph (1)(A) shall-- (A) provide baseline information on the ecological health of the Federal land; (B) define desired future ecological conditions and outcomes; (C) negate the need for project-specific environmental analysis for the management activities listed in clauses (i) through (ix) of subparagraph (D); and (D) to restore and improve the ecological health of the Federal land and related riparian areas, lead to or enhance the use of adaptive management of the Federal land for-- (i) the management of invasive species through the use, as the Secretary determines to be appropriate, of available tools, including-- (I) mechanical tools; (II) hand tools; (III) chemical tools; (IV) biological tools; and (V) livestock for varied season use; (ii) the maintenance of existing water infrastructure; (iii) the improvement, including movement, of existing water infrastructure, except in an area in which there are species listed as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (iv) the culturally appropriate protection of areas for restoration of wildlife habitat through-- (I) offsite water developments; (II) wildlife-friendly fencing; and (III) vegetation management to protect-- (aa) the natural integrity of spring sites; (bb) native species diversity; (cc) water quality; and (dd) soil heath; (v) the protection and use of existing water infrastructure, including-- (I) the use of existing water infrastructure to distribute livestock and wildlife, including wild horses, for-- (aa) the protection of riparian areas, springs, wetlands, or other mesic sites; and (bb) the ecological improvement of rangeland by domestic species; (II) the prevention of fragmentation of habitat; (III) the preservation of existing water infrastructure that has not experienced invasion by an invasive species; and (IV) the restoration of existing water infrastructure that has experienced degradation by an invasive species. (vi) the repair, removal, or construction of fences, as necessary, in response to land designations, in accordance with wildlife or domestic animal management needs; (vii) the maintenance of existing roads, if that maintenance does not constitute an improvement amounting to a new road category; (viii) the removal of juniper where ecologically appropriate for the benefit of improving or conserving ecological function; and (ix) the use of prescribed fire to reduce fuel loads where ecologically appropriate. (3) No effect on subsurface mineral rights.--A programmatic environmental impact statement under paragraph (1)(A) shall not affect any subsurface mineral rights. (4) Minimum requirements analyses.-- (A) In general.--Each programmatic environmental impact statement under paragraph (1)(A) shall include a minimum requirements analysis under appendix B of section 6340 of the Bureau of Land Management Manual (Management of Designated Wilderness Areas) (as in effect on the date of enactment of this Act) for the proposed management activities included in the programmatic environmental impact statement. (B) Project-specific analyses.--A project-specific minimum requirements analysis shall not be required for any site-specific activity that is covered under a programmatic environmental impact statement referred to in subparagraph (A). (b) Planning and Reporting Requirements.-- (1) Restoration area plan.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Malheur CEO Group and the Monitoring Network, shall develop a plan, using existing data and planning documents, for the restoration of areas that are ecologically degraded on the date of enactment of this Act. (B) Requirement.--The plan under subparagraph (A) shall describe-- (i) the restoration areas to be treated under the plan; (ii) the restoration objectives and desired ecological outcomes for the restoration areas; (iii) the priority of restoration areas to be treated under the plan, including the reasons for such priority; (iv) the prescribed treatments under the plan, including the use of newer and developing technologies; (v) the timing of treatments under the plan; and (vi) the monitoring methods and techniques that will be used to measure and evaluate success relative to the restoration objectives and desired ecological outcomes described in clause (ii). (2) Report on areas most at risk of being ecologically degraded.--Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Malheur CEO Group and the Monitoring Network, shall develop a report and a plan that identifies the Federal land most at risk of being ecologically degraded, including an assessment of management options to keep the Federal land intact, including the option of no active management. (c) Malheur Community Empowerment for Owyhee Group.-- (1) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a group, to be known as the ``Malheur Community Empowerment for Owyhee Group''-- (A) to improve collaborative relationships among-- (i) the members of the Malheur CEO Group; and (ii) the types of entities that those members represent; and (B) to provide advice and recommendations to the Secretary relating to the monitoring and management of the Federal Land, in accordance with the purpose and objectives described in section 3. (2) Membership.-- (A) In general.--The Malheur CEO Group shall consist of 13 members, of whom-- (i) 6 shall be representatives of ranching businesses in the County; (ii) 6 shall be representatives of other businesses or conservation or recreation organizations, of whom 2 shall reside in the County; and (iii) 1 shall be a representative of the Burns Paiute Tribe. (B) Appointment.-- (i) In general.--Members of the Malheur CEO Group shall be appointed by the Secretary, with advice from-- (I) the manager of the Vale District of the Bureau; (II) any Member of the House of Representatives who represents a district in which the Federal land is located; and (III) the Governor of the State of Oregon. (ii) Initial appointments.--Not later than 180 days after the date of enactment of this Act, the Secretary shall appoint the initial members of the Malheur CEO Group. (iii) Terms.--Each member of the Malheur CEO Group shall serve for a term of 3 years. (iv) Reappointment.--A member of the Malheur CEO Group may be reappointed for 1 or more additional 3-year terms. (v) Vacancies.--A vacancy on the Malheur CEO Group shall be filled-- (I) as soon as practicable after the vacancy occurs; and (II) in the same manner as the original appointment. (C) Compensation and expenses.-- (i) Compensation.--Members of the Malheur CEO Group shall serve without compensation. (ii) Travel expenses.--Each member of the Malheur CEO Group shall receive, from the Secretary, travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (D) Chairperson.--A chairperson shall be elected by a majority of the members of the Malheur CEO Group. (3) Duties.-- (A) In general.--The Malheur CEO Group shall-- (i) review each project proposed to the Bureau by members of the Malheur CEO Group, ranchers holding grazing permits on the Federal land, or other members of the public to be carried out using the analysis completed by a programmatic environmental impact statement prepared under subsection (a)(1); (ii) propose projects and funding to the Secretary under this Act; (iii) provide early and continuous coordination with appropriate officials of land management agencies in the County in recommending projects consistent with purposes of this Act; and (iv) provide frequent opportunities for citizens, organizations, Tribes, land management agencies, and other interested parties to participate openly and meaningfully in the project development process, including in the early stages of the process. (B) Projects proposed to the secretary.--The Malheur CEO Group may propose a project to the Secretary if the project has been approved by a majority of the members voting at an official meeting of the Malheur CEO Group. (4) Meetings.-- (A) In general.--A quorum is required for an official meeting of the Malheur CEO Group. (B) Quorum.--A quorum shall consist of-- (i) a combination of members that-- (I) constitutes a majority of the members of the Malheur CEO Group; and (II) consists of at least as many members described in clause (i) of paragraph (2)(A) as the total number of members described in clauses (ii) and (iii) of that paragraph; or (ii) all of the members of the Malheur CEO Group. (C) Open meetings.--Each meeting of the Malheur CEO Group shall-- (i) be announced in a local newspaper of record, as determined by the Secretary, not less than 1 week in advance of the meeting; and (ii) be open to the public. (D) Records.--The Malheur CEO Group shall-- (i) maintain records of each meeting; and (ii) make those records available for public inspection. (5) Bylaws.-- (A) In general.--The members of the Malheur CEO Group shall establish bylaws for the Malheur CEO Group. (B) Requirement.--Bylaws may be established under subparagraph (A) on approval by-- (i) a combination of members that-- (I) constitutes a majority of the members of the Malheur CEO Group; and (II) consists of at least as many members described in clause (i) of paragraph (2)(A) as the total number of members described in clauses (ii) and (iii) of that paragraph; or (ii) all of the members of the Malheur CEO Group. (6) Detail of federal employees.-- (A) In general.--On request of the Malheur CEO Group, the Secretary may detail, with or without reimbursement, any of the personnel of the Department of the Interior to assist the Malheur CEO Group in carrying out the duties described in paragraph (3). (B) Civil service status.--Any detail of a Federal employee under subparagraph (A) shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee detailed. (7) Malheur community empowerment for owyhee group advisory committee.-- (A) Establishment.--Not later than 60 days after the date on which the Malheur CEO Group is established under paragraph (1), the Malheur CEO Group shall establish an advisory committee, to be known as the ``Malheur Community Empowerment for Owyhee Group Advisory Committee'', to provide input to the Malheur CEO Group, including scientific, cultural, historical, and other advice, as needed, regarding management of the Federal land-- (i) to ensure that the work of the Malheur CEO Group is well-informed and relevant to the Federal land; and (ii) to promote adaptive management of the Federal land in accordance with a programmatic environmental impact statement prepared under subsection (a)(1). (B) Membership.-- (i) In general.--The Malheur CEO Advisory Committee shall consist of-- (I) members of the Malheur CEO Group; (II) representatives of Indian tribes, including at least 1 representative of the Burns Paiute Tribe; (III) representatives of the scientific and research communities, including individuals with expertise in scientific matters relevant to the Federal land, as determined by the Malheur CEO Group; and (IV) representatives of any other entity or interest relevant to the Federal land, as determined by the Malheur CEO Group. (ii) Appointment.-- (I) In general.--The Malheur CEO Group shall appoint the members of the Malheur CEO Advisory Committee. (II) Initial appointments.--Not later than 60 days after the date on which the Malheur CEO Group is established under paragraph (1), the Malheur CEO Group shall appoint the initial members of the Malheur CEO Advisory Committee. (III) Terms.--Each member of the Malheur CEO Advisory Committee shall serve for such period as the Malheur CEO Group determines to be appropriate. (IV) Reappointment.--A member of the Malheur CEO Advisory Committee may be reappointed for 1 or more additional terms. (V) Vacancies.--A vacancy on the Malheur CEO Advisory Committee shall be filled-- (aa) as soon as practicable after the vacancy occurs; and (bb) in the same manner as the original appointment. (iii) Compensation and expenses.-- (I) Compensation.--Members of the Malheur CEO Advisory Committee shall serve without compensation. (II) Travel expenses.--Each member of the Malheur CEO Advisory Committee shall receive, from the Secretary, travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (8) Inapplicability of federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Malheur CEO Group or the Malheur CEO Advisory Committee. (d) Ongoing Consultation.-- (1) In general.--In carrying out adaptive management under a programmatic environmental impact statement prepared under subsection (a)(1) and monitoring under subsection (e), the Secretary shall consult with the Malheur CEO Group and work toward a consensus with respect to-- (A) the implementation of policies and practices; (B) any lessons learned from that implementation; and (C) the adaptation of those policies and practices-- (i) to reflect any lessons learned from the implementation; and (ii) to incorporate the results of the monitoring carried out under subsection (e). (2) Frequency.--The Secretary shall consult with the Malheur CEO Group not less frequently than once every 60 days for the 4-year period beginning on the date on which the Malheur CEO Group is established under subsection (c)(1), and as necessary thereafter. (e) Monitoring.-- (1) Establishment of the monitoring network.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall enter into a memorandum of understanding with the monitoring partners described in subparagraph (B) to establish a network, to be known as the ``Monitoring Network''-- (i) to monitor, in accordance with this subsection, all Federal land subject to a programmatic environmental impact statement prepared under subsection (a)(1)(A); and (ii) to carry out ecological research relating to that monitoring. (B) Monitoring partners described.--The monitoring partners referred to in subparagraph (A) are-- (i) the Director of the Bureau; (ii) the Director of the United States Fish and Wildlife Service; (iii) the Chief of the Natural Resources Conservation Service; (iv) the Oregon Department of Fish and Wildlife; (v) the Oregon Department of Environmental Quality; (vi) the County; (vii) the Malheur County Soil and Water Conservation District; (viii) relevant watershed councils in the County, as determined by the Malheur CEO Group; (ix) the Burns Paiute Tribe; (x) Oregon State University; (xi) Treasure Valley Community College; (xii) existing holders or users of grazing permits on the Federal land; (xiii) representatives of conservation, hunting, or fishing organizations; and (xiv) any other individual or entity that, in the determination of the Secretary, collects or holds data relevant to the monitoring, in accordance with this section, of the Federal land subject to a programmatic environmental impact statement prepared under subsection (a)(1). (2) Leadership of the monitoring network.--The Chief of the Natural Resources Conservation Service and the Director of the Bureau shall lead the Monitoring Network unless the parties to the memorandum of understanding described in paragraph (1) choose another Federal official to lead the Monitoring Network. (3) Requirements.--The Monitoring Network shall carry out monitoring and research-- (A) using agreed upon protocols for the collection of data to inform the adaptive management actions necessary to achieve a desired range of future conditions; (B) using the latest available science-based ecological framework to provide more frequent and timely data relating to the ecological functionality of the Federal land subject to a programmatic environmental impact statement prepared under subsection (a)(1) than the data that the Bureau was able to acquire before the date of enactment of this Act through-- (i) the independent efforts of the Bureau; or (ii) existing cooperative agreements; (C) that provides data that can be used by the Secretary in real-time, as baseline data and as data indicating changes in conditions, for adaptive management of the Federal land in accordance with a programmatic environmental impact statement prepared under subsection (a)(1); and (D) that includes monitoring and research of ecological health, including the collection of data on-- (i) the relationship between invasive species and fires, including information regarding the frequency and severity of any fires, updated not less frequently than once each year; (ii) soils and vegetation, for the purpose of preparing a complete inventory of all soils and vegetation within the Federal land, updated not less frequently than once every 10 years; (iii) wildlife, including migration corridors and the status of habitat fragmentation; (iv) wild or feral horses or trespass livestock; (v) the availability and management of water on the land, including the use of updated water infrastructure; (vi) the effects of the removal of juniper; (vii) invasive species; (viii) sage brush steppe ecosystems; (ix) wetlands, riparian areas, springs, seeps, and other mesic sites; and (x) recreation, including-- (I) recreation in any component of the National Wild and Scenic Rivers System; (II) recreation north and south of the Owyhee dam; and (III) recreation relating to loop roads, including-- (aa) the use of the roads; (bb) the economic impact of the roads; (cc) the effects of the roads on domestic and wild flora and fauna; and (dd) the effects of the roads on-- (AA) cultural uses of the land; and (BB) cultural artifacts. (4) Deadline for baseline data.--Not later than 180 days after the date on which the Monitoring Network is established under paragraph (1), the Monitoring Network shall begin-- (A) compiling existing baseline data; (B) incorporating new baseline data as that data is acquired; and (C) making that baseline data available to the public. (5) Use of monitoring data.-- (A) In general.--Monitoring data collected by the Monitoring Network shall inform management planning decisions relating to the actions covered by a programmatic environmental impact statement prepared under subsection (a)(1), as determined by the Secretary. (B) Effect of violations.--If monitoring data described in subparagraph (A) shows that a holder or user of a grazing permit is not in substantial compliance with the applicable management plan or any use of flexible management granted by a programmatic environmental impact statement prepared under subsection (a)(1), that holder or user shall not be permitted further access to any flexible management granted by the programmatic environmental impact statement until-- (i) the holder or user takes corrective action; and (ii) monitoring data shows that the corrective action taken by the holder or user has improved the ecological health of the affected land, as determined by the Secretary. (C) Effect of improvements.-- (i) Suspended animal unit months.--The Secretary shall restore for use by a holder or user of a grazing permit any animal unit months held by that holder or user that were suspended, in a quantity commensurate with the carrying capacity of the relevant land, as determined by the Secretary, if-- (I) monitoring data shows that the holder or user is in substantial compliance with-- (aa) the applicable management plan; and (bb) the use of flexible management granted by a programmatic environmental impact statement prepared under subsection (a)(1); and (II) the conditions of the allotments of that holder or user will support additional animal unit months beyond the animal unit months assigned to that holder or user. (ii) Improved carrying capacity.--The Secretary shall consider increasing the quantity of animal unit months held by a holder or user of a grazing permit if monitoring data shows an increased carrying capacity on the relevant land. (6) Deployment and use of modern technology.--To the maximum extent practicable, the Secretary shall deploy, use, and request the use of modern technology to carry out the monitoring referred to in paragraph (1), including-- (A) unmanned aerial systems; (B) satellite imagery; (C) Global Positioning Systems and tablets; (D) weather stations; and (E) stream gauges. (7) Soil and vegetation surveys.--Not later than 180 days after the date of enactment of this Act, the Secretary shall enter into a memorandum of understanding for internships and workforce development to carry out soil and vegetation surveys on the Federal land with-- (A) the Chief of the Natural Resources Conservation Service; (B) the American Conservation Experience; (C) Oregon State University; (D) Treasure Valley Community College; (E) the Burns Paiute Tribe; and (F) local high schools in the County. (8) No effect on existing fees.--Nothing in this subsection affects any Federal, State, Tribal, or local grazing or other fee generated in the County under existing law (including regulations). (f) Enforcement.-- (1) Direct enforcement by the secretary.--The Secretary shall enforce compliance with-- (A) any requirement relating to the monitoring of Federal land under subsection (e); and (B) any policy or practice implemented by the Secretary in response to that monitoring. (2) Enforcement by the county.-- (A) In general.--The Secretary may make grants to County law enforcement agencies to assist in the enforcement of any requirement relating to the monitoring of county roads. (B) Additional law enforcement officers and personnel.--The County may use funds received through a grant under this paragraph to hire not more than 4 additional law enforcement officers or personnel. (3) Monitoring and enforcement by indian tribes.--The Secretary shall make grants to Indian Tribes-- (A) to assist the Secretary in the monitoring required under subsection (e); and (B) to assist in the enforcement of-- (i) any requirement relating to the monitoring of Federal land under subsection (e); and (ii) any policy or practice implemented by the Secretary in response to that monitoring. (g) Authorization of Resources for Increased Workforce.-- (1) In general.--To carry out this section, including any monitoring and enforcement under this section, the Secretary may hire additional employees for the Vale District of the Bureau. (2) Soil and vegetative health survey workforce.-- (A) Initial completion of baseline soil and vegetative health survey.--To complete the soil and vegetative health surveys under subsection (e)(7), the Secretary shall use existing protocols and hire, for the Vale District of the Bureau-- (i) 4 employees to survey 200,000 acres of Federal land each year until the survey of Federal land is completed; or (ii) to complete the survey of Federal land in 1 year, 40 employees for a period of 1 year. (B) Updates to the survey.--To update the survey not less frequently than once every 10 years, the Secretary shall hire, for the Vale District of the Bureau, 6 employees to survey not less than 460,000 acres of Federal land each year on an ongoing basis. (h) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Secretary-- (A) to carry out monitoring and enforcement under this section, $10,000,000 for each of fiscal years 2023 through 2033; (B) to carry out soil and vegetation surveys under subsection (e)(7), $10,000,000 for each of fiscal years 2023 through 2033; (C) to make grants under subsection (f)(2) to County law enforcement agencies, $10,000,000 for each of fiscal years 2023 through 2033; and (D) to make grants under subsection (f)(3) for monitoring and enforcement by Indian Tribes, $7,000,000 for each of fiscal years 2023 through 2033. (2) Increased aphis funding.--There is authorized to be appropriated to the Administrator of the Animal and Plant Health Inspection Service to support innovative technologies to reduce invasive species, including invasive weeds and invasive annual grasses on the Federal land, $1,000,000 for each of fiscal years 2023 through 2033. SEC. 5. LAND DESIGNATIONS. (a) Definitions.--In this section: (1) Covered segment.--The term ``covered segment'' means the river segment designated by paragraph (231) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (d)(1)). (2) Map.--The term ``Map'' means the map entitled ``Proposed Wilderness Malheur County'' and dated November 6, 2019. (3) Wilderness area.--The term ``wilderness area'' means a wilderness area designated by subsection (b)(1). (b) Designation of Wilderness Areas.-- (1) In general.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following Federal land in the County comprising approximately 1,133,481 acres, as generally depicted on the Map, is designated as wilderness and as components of the National Wilderness Preservation System: (A) Fifteenmile creek wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 58,599 acres, as generally depicted on the Map, which shall be known as the ``Fifteenmile Creek Wilderness''. (B) Oregon canyon mountains wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 57,891 acres, as generally depicted on the Map, which shall be known as the ``Oregon Canyon Mountains Wilderness''. (C) Twelvemile creek wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 37,779 acres, as generally depicted on the Map, which shall be known as the ``Twelvemile Creek Wilderness''. (D) Upper west little owyhee wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 93,159 acres, as generally depicted on the Map, which shall be known as the ``Upper West Little Owyhee Wilderness''. (E) Lookout butte wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 66,194 acres, as generally depicted on the Map, which shall be known as the ``Lookout Butte Wilderness''. (F) Owyhee river canyon wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 223,586 acres, as generally depicted on the Map, which shall be known as the ``Mary Gautreaux Owyhee River Canyon Wilderness''. (G) Twin butte wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 18,135 acres, as generally depicted on the Map, which shall be known as the ``Twin Butte Wilderness''. (H) Cairn ``c'' wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 8,946 acres, as generally depicted on the Map, which shall be known as the ``Cairn `C' Wilderness''. (I) Oregon butte wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 32,010 acres, as generally depicted on the Map, which shall be known as the ``Oregon Butte Wilderness''. (J) Deer flat wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 12,266 acres, as generally depicted on the Map, which shall be known as the ``Deer Flat Wilderness''. (K) Sacramento hill wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 9,568 acres, as generally depicted on the Map, which shall be known as the ``Sacramento Hill Wilderness''. (L) Coyote wells wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 7,147 acres, as generally depicted on the Map, which shall be known as the ``Coyote Wells Wilderness''. (M) Big grassey wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 45,192 acres, as generally depicted on the Map, which shall be known as the ``Big Grassey Wilderness''. (N) Little groundhog reservoir wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 5,272 acres, as generally depicted on the Map, which shall be known as the ``Little Groundhog Reservoir Wilderness''. (O) Lower owyhee canyon wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 79,947 acres, as generally depicted on the Map, which shall be known as the ``Mary Gautreaux Lower Owyhee Canyon Wilderness''. (P) Jordan crater wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 31,141 acres, as generally depicted on the Map, which shall be known as the ``Jordan Crater Wilderness''. (Q) Owyhee breaks wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 29,471 acres, as generally depicted on the Map, which shall be known as the ``Owyhee Breaks Wilderness''. (R) Dry creek wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 33,209 acres, as generally depicted on the Map, which shall be known as the ``Dry Creek Wilderness''. (S) Dry creek buttes wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 53,782 acres, as generally depicted on the Map, which shall be known as the ``Dry Creek Buttes Wilderness''. (T) Upper leslie gulch wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 2,911 acres, as generally depicted on the Map, which shall be known as the ``Upper Leslie Gulch Wilderness''. (U) Slocum creek wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 7,528 acres, as generally depicted on the Map, which shall be known as the ``Slocum Creek Wilderness''. (V) Honeycombs wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 40,099 acres, as generally depicted on the Map, which shall be known as the ``Honeycombs Wilderness''. (W) Wild horse basin wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 18,381 acres, as generally depicted on the Map, which shall be known as the ``Wild Horse Basin Wilderness''. (X) Quartz mountain wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 32,781 acres, as generally depicted on the Map, which shall be known as the ``Quartz Mountain Wilderness''. (Y) The tongue wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 6,800 acres, as generally depicted on the Map, which shall be known as ``The Tongue Wilderness''. (Z) Burnt mountain wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 8,109 acres, as generally depicted on the Map, which shall be known as the ``Burnt Mountain Wilderness''. (AA) Cottonwood creek wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 77,828 acres, as generally depicted on the Map, which shall be known as the ``Cottonwood Creek Wilderness''. (BB) Castle rock wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 6,151 acres, as generally depicted on the Map, which shall be known as the ``Castle Rock Wilderness''. (CC) West fork bendire wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 10,519 acres, as generally depicted on the Map, which shall be known as the ``West Fork Bendire Wilderness''. (DD) Beaver dam creek wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 19,080 acres, as generally depicted on the Map, which shall be known as the ``Beaver Dam Creek Wilderness''. (2) Maps and legal descriptions.-- (A) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare and submit to Congress a map and legal description of each wilderness area. (B) Effect.--Each map and legal description prepared under subparagraph (A) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map or legal description. (C) Public availability.--The maps and legal descriptions prepared under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Bureau. (3) Management.-- (A) In general.--Subject to valid existing rights, the wilderness areas shall be administered by the Secretary in accordance with-- (i) this subsection; (ii) the Wilderness Act (16 U.S.C. 1131 et seq.), except that-- (I) any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and (II) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary; and (iii) section 6340 of the Bureau of Land Management Manual (Management of Designated Wilderness Areas) (as in effect on the date of enactment of this Act). (B) Grazing.--The Secretary shall allow the continuation of the grazing of livestock in the wilderness areas, if established before the date of enactment of this Act, in accordance with-- (i) this Act; (ii) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); (iii) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. 18 Rept. 101-405); and (iv) any other Federal law that applies to livestock grazing on Federal public land. (C) Fire management and related activities.-- (i) In general.--The Secretary may carry out any activities in the wilderness areas that the Secretary determines to be necessary for the control of fire, insects, and diseases, in accordance with-- (I) this Act; (II) section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)); and (III) the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 1437 of the 98th Congress (House Report 98-40). (ii) Inclusions.--Authorized activities under clause (i) shall include the use of mechanical treatments in the wilderness areas by first responders. (D) Invasive species management and related activities.--In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may carry out any activities in the wilderness areas that the Secretary determines to be necessary for the control and manipulation of invasive species, including-- (i) the use of nonnative species in areas in which native species cannot be grown to adequately compete with nonnative species; and (ii) the manipulation of vegetation, including through chemical, biological, and mechanical means-- (I) to control nonnative species; or (II) as part of restoration activities, if natural processes alone cannot recover the ecological health of an area, as determined by the Secretary. (E) Maintenance of livestock structures.--The Secretary may carry out any activities in the wilderness areas that the Secretary determines to be necessary for the maintenance of structures and installations used for livestock management in existence on the date of enactment of this Act, in accordance with-- (i) section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)); and (ii) the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 1437 of the 98th Congress (House Report 98-40). (F) Setback for roads adjacent to wilderness areas.--The Secretary may determine, in accordance with an applicable travel management plan for the Federal land adopted not later than 1 year after the date of enactment of this Act and section 6340 of the Bureau of Land Management Manual (Management of Designated Wilderness Areas) (as in effect on the date of enactment of this Act), that the boundary of a wilderness area adjacent to a road may be up to 300 feet from the centerline of a road if-- (i) the setback is determined by the Secretary to be appropriate for the use of the Federal land; and (ii) no existing boundary road will be closed. (c) Management of Land Under the Multiple-Use Mandate of the Bureau of Land Management.-- (1) Release of wilderness study area.-- (A) Finding.--Congress finds that, for purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), any portion of the Federal land designated as a wilderness study area as of the date of enactment of this Act and identified as ``Proposed for Release from Protection under Wilderness Study Area (WSA) Designation or from Priority Protection of Lands with Wilderness Characteristics (LWC)'' on the Map that is not designated as wilderness by subsection (b)(1) has been adequately studied for wilderness designation. (B) Release.--Except as provided in paragraph (2), the land described in subparagraph (A)-- (i) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and (ii) shall be managed in accordance with-- (I) this Act; and (II) the applicable land use plans adopted under section 202 of that Act (43 U.S.C. 1712). (2) Management of certain land with wilderness characteristics.--Any portion of the Federal land described in paragraph (1)(A) that was previously found to be lands with wilderness characteristics, as determined by the Secretary, that is not designated as wilderness under this Act, shall be managed by the Secretary in accordance with the applicable land use plans adopted under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712). (d) Wild and Scenic River Designations.-- (1) In general.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: ``(231) Owyhee river, oregon.--The approximately 14.7-mile segment of the Owyhee River from the base of Owyhee Dam in sec. 18, T. 22 S., R. 45 E., downstream to W\1/4\ SW\1/4\ sec. 13, T. 21 S., R. 45 E., to be administered by the Secretary of the Interior as a recreational river.''. (2) Management.-- (A) In general.--The Secretary shall manage the covered segment in accordance with section 6400 of the Bureau of Land Management Manual (Wild and Scenic Rivers) (as in effect on the date of enactment of this Act). (B) Livestock grazing.-- (i) In general.--The Secretary shall manage domestic livestock grazing in the vicinity of the covered segment in a manner that protects the identified values of the covered segment, including maintaining existing structures used for livestock management. (ii) New structures.--To maintain the identified values of the covered segment, the Secretary shall ensure that any structures constructed after the date of enactment of this Act to facilitate livestock management in the vicinity of the covered segment are unobtrusive, as determined by the Secretary. (C) Invasive species management.-- (i) In general.--In administering the covered segment, the Secretary shall carry out any activities that the Secretary determines to be necessary to prevent or control the spread of terrestrial invasive species and aquatic invasive species, consistent with the applicable land use plan and applicable law, including using manual and chemical prevention and control methods, in accordance with-- (I) the applicable land use plan; (II) section 9011 of the Bureau of Land Management Manual (Chemical Pest Control) (as in effect on the date of enactment of this Act); (III) section 9014 of the Bureau of Land Management Manual (Control Use of Biological Control Agents on Public Lands) (as in effect on the date of enactment of this Act); (IV) section 9015 of the Bureau of Land Management (Integrated Weed Management) (as in effect on the date of enactment of this Act); (V) section H-1740-2 of the Bureau of Land Management Handbook (as in effect on the date of enactment of this Act); and (VI) any applicable Federal law. (ii) Required evaluation.--Before using a chemical prevention or control method authorized under clause (i), the Secretary shall carefully evaluate the proposed use to ensure that the proposed use would not adversely affect water quality and the identified values of the covered segment. (3) Withdrawal and use.-- (A) Withdrawal.--Subject to valid existing rights, all Federal land within a covered segment is withdrawn from-- (i) entry, appropriation, or disposal under the public land laws; (ii) location, entry, and patent under the mining laws; and (iii) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (B) Water rights.--Nothing in this subsection or an amendment made by this subsection affects-- (i) valid existing water rights; or (ii) existing rights to access water from the river segment, if the access does not permanently impede the qualities for which the covered segment was designated. (C) Water resources.--The Secretary shall authorize the continued use and maintenance of diversions and water infrastructure in or adjacent to the covered segments as of the date of enactment of this Act, in accordance with section 6400 of the Bureau of Land Management Manual (Wild and Scenic Rivers-Policy and Program Direction for Identification, Evaluation, Planning, and Management) (as in effect on the date of enactment of this Act). (e) Mineral Withdrawals.--Subject to valid existing rights, the approximately 12,426.43 acres of Federal land known as the ``Leslie Gulch Area of Critical Environmental Concern'', as described in the public land order entitled ``Public Land Order No. 7412; Withdrawal for Leslie Gulch Area of Critical Environmental Concern; Oregon'' (64 Fed. Reg. 51553 (September 23, 1999)), is permanently withdrawn from-- (1) entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. SEC. 6. ECONOMIC DEVELOPMENT. (a) Loop Roads Requirements.-- (1) In general.--The Secretary, in coordination with the County, shall work with Travel Oregon to establish requirements for the loop roads. (2) Owyhee dam road.-- (A) Safety upgrades.-- (i) In general.--The Secretary shall seek to enter into an arrangement with the County to fund safety upgrades, in accordance with County road standards, to the Owyhee Dam Road to ensure access to the recreational opportunities of the Owyhee Reservoir, including improved signage and surfacing. (ii) Deadline for upgrades.--Any upgrades carried out with funds provided under clause (i) shall be completed not later than 1 year after the date of enactment of this Act. (iii) Compliance with standards.--If the County receives any funds provided under this subparagraph, the County shall ensure that, not later than 1 year after the date of enactment of this Act, the Owyhee Dam Road is in compliance with County and County road district standards. (B) Fees and tolls.-- (i) In general.--As soon as practicable after the date on which requirements for the Owyhee Dam Road are established under paragraph (1) and notwithstanding the terms of the right- of-way easement between the County and the Bureau dated April 20, 1988, and recorded in the County deed records as instrument number 88-17855, the County may collect fees or tolls for the use of the road. (ii) Use of fees or tolls.--Any fees or tolls collected under clause (i) shall be used for road improvements by the County. (C) Authorization of appropriations.--In addition to amounts made available under subsection (f)(1), there is authorized to be appropriated to the Secretary to carry out subparagraph (A) $6,000,000. (3) Succor creek scenic loop.--The Secretary shall work with the County on a plan to improve the Succor Creek Scenic Loop, as generally depicted on the map entitled ``Lake Owyhee, Succor Creek, Birch Creek, and Three Forks Scenic Loops'' and dated November 6, 2019, to accommodate visitors and residents. (4) Birch creek scenic loop.--The Secretary shall work with the County on a plan to improve the Birch Creek Scenic Loop, as generally depicted on the map entitled ``Lake Owyhee, Succor Creek, Birch Creek, and Three Forks Scenic Loops'' and dated November 6, 2019, to accommodate visitors and residents. (5) Three forks scenic loop.--The Secretary shall work with the County on a plan to improve the Three Forks Scenic Loop, as generally depicted on the map entitled ``Lake Owyhee, Succor Creek, Birch Creek, and Three Forks Scenic Loops'' and dated November 6, 2019-- (A) to accommodate visitors and residents; and (B) to provide a connection to the Idaho Scenic Byway. (b) Improvements to State Parks and Other Amenities.--Not later than 180 days after the date of enactment of this Act-- (1) the Commissioner, in coordination with the Owyhee Irrigation District, shall work with Travel Oregon or the Oregon Parks and Recreation Department, as appropriate-- (A) to carry out a feasibility study relating to the establishment of not more than 2 marinas on the Owyhee Reservoir; (B) to carry out a feasibility study relating to the establishment of a paddle bar on the Owyhee Reservoir; (C) to carry out improvements to existing Oregon State Parks bordering the Owyhee Reservoir; (D) to establish a network of hostelries in the County using former hotels and bunkhouses that are not in use; (E) to carry out improvements to private camps on the shore of the Owyhee Reservoir; and (F) to establish a dude ranch at Birch Creek; and (2) the Secretary shall work with the County to carry out a feasibility study on the rails-to-trails project known as ``Rails to Trails: The Oregon Eastern Branch/The Oregon and Northwestern Railroad''. (c) Gateway to the Oregon Owyhee.--Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with Travel Oregon, shall complete a feasibility study on how best to market communities or sections of the County as the ``Gateway to the Oregon Owyhee''. (d) Jordan Valley Airstrip Improvements To Support Firefighting Efforts.-- (1) In general.--The Secretary shall work with firefighting entities in the County to determine-- (A) the need for the use of the Jordan Valley Airstrip to support firefighting efforts; and (B) the conditions under which the Jordan Valley Airstrip may be used to support firefighting efforts. (2) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Malheur CEO Group a report on the need and conditions described in subparagraphs (A) and (B) of paragraph (1), including any ways in which to meet those conditions. (e) Native Seed Center.-- (1) Establishment.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, the Native Seed Center Establishment Group shall establish a center, to be known as the ``Native Seed Center'', to serve as the primary native seed repository of the Federal Government in the Western States. (B) Native seed center establishment group.-- (i) Establishment of group.--Not later than 1 year after the date of enactment of this Act, the Administrator of the Agricultural Resource Service shall enter into a memorandum of understanding with the partners described in clause (ii) to establish a group, to be known as the ``Native Seed Center Establishment Group'', to establish and operate the Center. (ii) Partners described.--The partners referred to in clause (i) are-- (I) the Administrator of the Farm Service Agency; (II) Oregon State University; (III) Treasure Valley Community College; (IV) the Malheur County Weeds Department Inspector; and (V) local agricultural producers in the County. (2) Purpose.--The Center shall-- (A) serve as a repository of native seeds deposited with the Center; (B) develop methods to improve the growth of native seeds; (C) give priority to the production of species of plants, as seeds and seedlings, that-- (i) are of heightened cultural significance to the Burns Paiute Tribe; and (ii) are locally adapted; and (D) pursuant to the contract described in paragraph (3), provide native seeds for use on all rangeland managed by the Bureau. (3) Contract.-- (A) In general.--Not later than 180 days after the establishment of the Center under paragraph (1), the Center shall enter into a contract with the Bureau, seed growers, ranchers in the County, and the Burns Paiute Tribe to provide native seeds for use on all rangeland managed by the Bureau. (B) Requirement.--The contract under subparagraph (A) shall-- (i) include the use of technologies such as biochar to improve seed germination rates; and (ii) guarantee prices and availability for ranchers and members of the Burns Paiute Tribe who use rangeland managed by the Bureau. (f) Authorization of Appropriations.--There are authorized to be appropriated-- (1) to the Secretary-- (A) to carry out subsection (a), $10,000,000 for each of fiscal years 2023 through 2033; (B) to carry out subsection (b)(2), $10,000,000 for each of fiscal years 2023 through 2033; (C) to carry out subsection (c), $10,000,000 for each of fiscal years 2023 through 2033; and (D) to carry out subsection (d), $10,000,000 for each of fiscal years 2023 through 2033; (2) to the Commissioner-- (A) to carry out subsection (b)(1)(A), $10,000,000 for each of fiscal years 2023 through 2033; (B) to carry out subsection (b)(1)(B), $10,000,000 for each of fiscal years 2023 through 2033; (C) to carry out subsection (b)(1)(C), $10,000,000 for each of fiscal years 2023 through 2033; (D) to carry out subsection (b)(1)(D), $10,000,000 for each of fiscal years 2023 through 2033; (E) to carry out subsection (b)(1)(E), $10,000,000 for each of fiscal years 2023 through 2033; and (F) to carry out subsection (b)(1)(F), $10,000,000 for each of fiscal years 2023 through 2033; and (3) to the Administrator of the Agricultural Resource Service, for the establishment and operation of the Center, $10,000,000 for each of fiscal years 2023 through 2033. SEC. 7. LAND CONVEYANCE TO BURNS PAIUTE TRIBE. (a) Conveyance and Taking Into Trust.--As soon as practicable after the date of enactment of this Act, the Secretary shall-- (1) transfer to the Burns Paiute Tribe all right, title, and interest in and to the land in the State of Oregon described in subsection (b); and (2) take that land into trust for the benefit of the Burns Paiute Tribe. (b) Description of Land.--The land referred to in subsection (a)(1) is the following, as depicted on the map entitled ``Malheur Reservation Paiute Indian Tribe Grant, Malheur, and Harney Counties, Oregon'' and dated March 15, 1958: (1) Jonesboro ranch.--The parcel commonly known as ``Jonesboro Ranch'', located approximately 6 miles east of Juntura, Oregon, consisting of 21,548 acres of Federal land, 208 acres of land of the State of Oregon, and 4,552 acres of private land, containing the pastures referred to as ``Saddle Horse'', ``Trail Horse'', ``Indian Creek'', ``Sperry Creek'', ``Antelope Swale'', ``Horse Camp'', ``Dinner Creek'', and ``Tim's Peak'', and more particularly described as follows: (A) T. 21 S., R. 39 E. (B) T. 21 S., R. 40 E. (C) T. 22 S., R. 39 E. (D) T. 21 S., R. 40 E. (2) Castle rock wilderness study area.--The parcel commonly known as the ``Castle Rock Wilderness Study Area'' and more particularly described as follows: (A) T. 18 S., R. 37 E., secs. 5, 8, 9, 16, and 17. (B) T. 18. S., R. 37 E., the W\1/2\ and S\1/2\ of sec. 4 (except for any portion of private land). (C) T. 18 S., R. 37 E., the W\1/2\ of sec. 15. (D) T. 18 S., R. 37 E., sec. 10. (E) The SW\1/4\ of the SW\1/4\ of sec. 10. (F) The NW\1/4\ of the SW\1/4\ of sec. 10. (G) The SW\1/4\ of the NW \1/4\ of sec. 10. (H) The NW\1/4\ of the NW\1/4\ of the NW\1/4\ of sec. 10. (I) The SW\1/4\ of the NW\1/4\ of the NW\1/4\ of sec. 10. (J) The NW\1/4\ of the SW\1/4\ of the NW\1/4\ of sec. 10. (K) The SW\1/4\ of the SW\1/4\ of the NW\1/4\ of sec. 10. (L) T. 18 S., R. 37 E., sec. 3. (M) The SW\1/4\ of the SW\1/4\ of the SW\1/4\ of sec. 3. <all>

Malheur Community Empowerment for the Owyhee Act

A bill to require the Secretary of the Interior to prepare a programmatic environmental impact statement allowing for adaptive management of certain Federal land in Malheur County, Oregon, and for other purposes.

Malheur Community Empowerment for the Owyhee Act

Sen. Wyden, Ron

D

OR

H.R.4203

Health

Improving Medicaid Programs' Response to Overdose Victims and Enhancing Addiction Care Act or the IMPROVE Addiction Care Act This bill establishes additional requirements for state Medicaid drug-use review programs with respect to individuals who experience opioid-related overdoses. Specifically, programs must include protocols that (1) connect individuals who have experienced an opioid-related overdose within the last five years to appropriate treatment; (2) notify providers who prescribe opioids about subsequent fatal overdoses; (3) ensure providers are notified about an individual's history of opioid-use disorder, overdoses, or poisonings; and (4) educate providers about proper prescribing practices for these individuals.

To amend title XIX of the Social Security Act to encourage appropriate prescribing under Medicaid for victims of opioid overdose. Be it enacted by the Senate 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 Medicaid Programs' Response to Overdose Victims and Enhancing Addiction Care Act'' or the ``IMPROVE Addiction Care Act''. SEC. 2. ENCOURAGING APPROPRIATE PRESCRIBING UNDER MEDICAID FOR VICTIMS OF OPIOID OVERDOSE. (a) In General.--Section 1927(g)(2) of the Social Security Act (42 U.S.C. 1396r-8(g)(2)) is amended by adding at the end the following new subparagraph: ``(E) Additional drug use review requirements.--As part of a State's prospective and retrospective drug use review under subparagraphs (A) and (B), as applicable, the State shall, not later than January 1, 2022, develop and implement, or review and update, protocols to, subject to any applicable privacy or confidentiality protections-- ``(i) identify individuals receiving benefits under this title who have experienced a nonfatal opioid-related overdose within the last 5 years, to the extent that such data is available, and make a good faith effort to connect these individuals to treatment options that have been determined appropriate by the Secretary; ``(ii) if an individual receiving benefits under this title experiences a fatal overdose that is opioid-related (or, if specified by the Secretary, related to another covered outpatient drug), not later than 6 months after the date of such overdose-- ``(I) notify each provider that, during the period (to be established by the Secretary) preceding such overdose, prescribed opioids (or such other specified covered outpatient drug, if applicable) to such individual of such overdose; and ``(II) provide each such provider with educational materials on prescribing opioids (or such other specified covered outpatient drugs, if applicable); ``(iii) ensure that a provider who is treating an individual receiving benefits under this title has notice of the individual's diagnosis or history of opioid use disorder, opioid poisoning diagnosis, or history of nonfatal opioid-related overdose; and ``(iv) perform ongoing retrospective drug utilization reviews and offer provider education that is informed by such reviews (which may include education provided under an educational outreach program established under subparagraph (D) or through an intervention described in paragraph (3)(C)(iii)) regarding appropriate prescribing practices for individuals receiving benefits under this title with a diagnosis or history of opioid use disorder, a history of nonfatal opioid-related overdose, or an opioid poisoning diagnosis.''. (b) Technical Amendments.--Section 1932(i) of the Social Security Act (42 U.S.C. 1396u-2(i)) is amended-- (1) by striking ``section 483.3(s)(4)'' and inserting ``section 438.3(s)(4)''; and (2) by striking ``483.3(s)(5)'' and inserting ``438.3(s)(5)''. <all>

IMPROVE Addiction Care Act

To amend title XIX of the Social Security Act to encourage appropriate prescribing under Medicaid for victims of opioid overdose.

IMPROVE Addiction Care Act Improving Medicaid Programs' Response to Overdose Victims and Enhancing Addiction Care Act

Rep. Mullin, Markwayne

R

OK

H.R.8893

Armed Forces and National Security

This bill requires the Department of the Navy to implement a three-year pilot program to offer plant-based protein options at not fewer than two naval facilities, prioritizing facilities where livestock-based protein options may be costly to obtain or store.

To establish a pilot program on research and development of plant-based protein for the Navy, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PILOT PROGRAM ON RESEARCH AND DEVELOPMENT OF PLANT-BASED PROTEIN FOR THE NAVY. [(a) Establishment.--Not later than March 1, 2023, the Secretary of the Navy shall establish and carry out a pilot program to offer plant- based protein options at [forward operating bases] [should this be ``naval facilities'' to match the rest of the bill text (assuming that naval facilities are a subset of forward operating bases under the control of the Navy)] for consumption by members of the Navy.] (b) Locations.--Not later than March 1, 2023, the Secretary shall identify not fewer than two naval facilities to participate in the pilot program and shall prioritize facilities (such as Joint Region Marianas, Guam, Navy Support Facility Diego Garcia, and U.S. Fleet Activities Sasebo, Japan) where livestock-based protein options may be costly to obtain or store. (c) Authorities.--In establishing and carrying out the pilot program under subsection (a), the Secretary of the Navy may use the following authorities: (1) The authority to carry out research and development projects under section 4001 of title 10, United States Code. (2) The authority to enter into transactions other than contracts and grants under section 4021 of such title. (3) The authority to enter into cooperative research and development agreements under section 4026 of such title. (d) Rule of Construction.--Nothing in this Act shall be construed to prevent offering livestock-based protein options alongside plant- based protein options at naval facilities identified under subsection (b). (e) Termination.--The requirement to carry out the pilot program established under this section shall terminate three years after the date on which the Secretary establishes the pilot program required under this section. (f) Report.--Not later than one year after the termination of the pilot program, the Secretary shall submit to the appropriate congressional committees a report on the pilot program that includes the following: (1) The consumption rate of plant-based protein options by members of the Navy [under the pilot program] [suggest ``at forward operating bases/naval facilities participating in the pilot program'']. (2) Effective criteria to increase plant-based protein options at naval facilities not identified under subsection (b). (3) An analysis of the costs of obtaining and storing plant-based protein options compared to the costs of obtaining and storing livestock-based protein options at [selected naval facilities] [selected how? by whom? Is the intent that these facilities are different from those identified under subsection (b)?]. (g) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committees on Armed Services of the House of Representatives and the Senate. (2) Plant-based protein options.--The term ``plant-based protein options'' means edible vegan or vegetarian meat alternative products made using plant and other non-livestock- based proteins. <all>

To establish a pilot program on research and development of plant-based protein for the Navy, and for other purposes.

To establish a pilot program on research and development of plant-based protein for the Navy, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To establish a pilot program on research and development of plant-based protein for the Navy, and for other purposes.

Rep. Slotkin, Elissa

D

MI

H.R.8504

Public Lands and Natural Resources

Deerfield River Wild and Scenic River Study Act of 2022 This bill designates the Deerfield River in Massachusetts and Vermont for potential addition to the national wild and scenic rivers system.

To amend the Wild and Scenic Rivers Act to direct the Secretary of the Interior to conduct a study of the Deerfield River for potential addition to the national wild and scenic rivers 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 ``Deerfield River Wild and Scenic River Study Act of 2022''. SEC. 2. DESIGNATION FOR STUDY; REPORT. Section 5 of the Wild and Scenic Rivers Act (16 U.S.C. 1276) is amended-- (1) in subsection (a), by adding at the end the following: ``(145) Deerfield river, massachusetts and vermont.--The entire river, including-- ``(A) the North, South, East, and West Branches of the Deerfield River; and ``(B) the major tributaries of the Deerfield River, including the Green River, North River, South River, Clesson Brook, Chickley River, Cold River, Gulf Brook, Bog Brook, and Dunbar Brook.''; and (2) in subsection (b), by adding at the end the following: ``(22) Deerfield river, massachusetts and vermont.--Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall-- ``(A) complete the study described in subsection (a)(145); and ``(B) submit to the appropriate committees of Congress a report describing the results of such study.''. <all>

Deerfield River Wild and Scenic River Study Act of 2022

To amend the Wild and Scenic Rivers Act to direct the Secretary of the Interior to conduct a study of the Deerfield River for potential addition to the national wild and scenic rivers system, and for other purposes.

Deerfield River Wild and Scenic River Study Act of 2022

Rep. McGovern, James P.

D

MA

H.R.5355

Public Lands and Natural Resources

Desert Community Lands Act This bill requires the Department of the Interior to convey specified land to designated communities in California. Specifically, Interior must convey, at the request of the town of Apple Valley in California, without consideration, the surface estate of specified land, to be known and designated as the Apple Valley Off-Highway Vehicle Recreation Area. The conveyed land may be used by the town to provide (1) a suitable location for the establishment of a centralized, off-road vehicle recreation park; (2) the public with opportunities for off-road vehicle recreation; and (3) a designated area and facilities that would discourage unauthorized use of off-highway vehicles in areas that have been identified by the federal government, the state of California, or San Bernardino County, California, to contain environmentally sensitive land. Such land may not be disposed of by the town without Interior's approval. The bill also requires Interior to convey, at the request of the cities of Twentynine Palms, Barstow, or Victorville in California, without consideration, the surface estate of specified lands to those cities. All land conveyances under this bill are subject to valid existing rights and do not include the mineral estate in the lands conveyed. The conveyance to Victorville is subject to the reservation of a permanent easement and right of way for flood control, utility, pipeline, or telecommunications facilities located within the strips of land described in a right of way grant.

To convey certain Federal land in California to Apple Valley, California, Twentynine Palms, California, Barstow, California, and Victorville, California. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Desert Community Lands Act''. SEC. 2. CONVEYANCE FOR APPLE VALLEY OFF-HIGHWAY VEHICLE RECREATION AREA. (a) Definitions.--In this section: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Town.--The term ``Town'' means the town of Apple Valley, California. (b) Conveyance of Federal Land to Town.-- (1) Conveyance required.--At the request of the Town, not later than 5 years after the date of the enactment of this Act, the Secretary shall convey to the Town, without consideration, all right, title, and interest of the United States in and to the surface estate of the approximately 4,630 acres of land generally depicted as ``Proposed Conveyance Area'' on the map entitled ``Conveyance to Town of Apple Valley'' and dated June 1, 2015. Such land shall be known and designated as the ``Apple Valley Off-Highway Vehicle Recreation Area''. (2) Existing rights and mineral estate.--The conveyance under this subsection-- (A) is subject to valid existing rights; and (B) does not include the mineral estate. (c) Use of Conveyed Land.-- (1) In general.--The land conveyed under subsection (b) may be used by the Town for any public purpose authorized in paragraph (2), consistent with the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act; 43 U.S.C. 869 et seq.). (2) Authorized purposes.--The purposes of the conveyance under subsection (b) are to allow the Town to use the conveyed land to provide-- (A) a suitable location for the establishment of a centralized off-road vehicle recreation park; (B) the public with opportunities for off-road vehicle recreation, including a location for races, competitive events, training, and other commercial services that directly support a centralized off-road vehicle recreation area and Town park; and (C) a designated area and facilities that would discourage unauthorized use of off-highway vehicles in areas that have been identified by the Federal Government, the State of California, or San Bernardino County as containing environmentally sensitive land. (3) Disposal prohibited.--The land conveyed under subsection (b) may not be disposed of by the Town without the approval of the Secretary. SEC. 3. CONVEYANCE TO CITY OF TWENTYNINE PALMS, CALIFORNIA. (a) Conveyance Required.--At the request of the city of Twentynine Palms, California, not later than 1 year after the date of the enactment of this Act, the Secretary of the Interior shall convey to the city of Twentynine Palms, California, without consideration, all right, title, and interest of the United States in and to the surface estate of the land generally depicted as ``Proposed Conveyance to Twentynine Palms'' on the map entitled ``Proposed Conveyance to Twentynine Palms'' and dated September 18, 2015. (b) Existing Rights and Mineral Estate.--The conveyance under this section-- (1) is subject to valid existing rights; and (2) does not include the mineral estate. SEC. 4. CONVEYANCE TO CITY OF BARSTOW, CALIFORNIA. (a) Conveyance Required.--At the request of the city of Barstow, California, not later than 1 year after the date of the enactment of this Act, the Secretary of the Interior shall convey to the city of Barstow, California, without consideration, all right, title, and interest of the United States in and to the surface estate of the land generally depicted as ``Proposed Conveyance'' on the map entitled ``Proposed Conveyance to the City of Barstow'' and dated January 13, 2017. (b) Existing Rights and Mineral Estate.--The conveyance under this section-- (1) is subject to valid existing rights; and (2) does not include the mineral estate. SEC. 5. CONVEYANCE TO CITY OF VICTORVILLE, CALIFORNIA. (a) Conveyance Required.--At the request of the city of Victorville, California, not later than 1 year after the date of the enactment of this Act, the Secretary of the Interior shall convey to the city of Victorville, California, without consideration, all right, title, and interest of the United States in and to the surface estate of the land generally depicted as ``Proposed Conveyance'' on the map entitled ``Proposed Conveyance to the City of Victorville'' and dated April 25, 2017. (b) Existing Rights and Mineral Estate.--The conveyance under this subsection-- (1) is subject to valid existing rights; (2) does not include the mineral estate; and (3) is subject to the reservation of a permanent easement and right of way for flood control, utility, pipeline, or telecommunications facilities located within the strips of land described in the right of way grant from the United States Department of the Interior to Pacific Gas and Electric Company, Serial Number R 06259, dated March 2, 1965, and the easement from J. Harley Long to Pacific Gas and Electric Company, dated February 4, 1957, and recorded in Book 4192, Official Records at page 42, San Bernardino County Records. These easements include the right, at any time and from time to time, to construct, reconstruct, maintain, operate, replace, remove, repair, renew, and enlarge facilities for public utility purposes, the right to trim and cut down trees and brush that the public utility may deem to be a hazard to its facilities, and the requirement that the strips of land be kept open and free of buildings, structures, and wells of any kind. <all>

Desert Community Lands Act

To convey certain Federal land in California to Apple Valley, California, Twentynine Palms, California, Barstow, California, and Victorville, California.

Desert Community Lands Act

Rep. Obernolte, Jay

R

CA

S.734

Families

Jenna Quinn Law This bill allows the Department of Health and Human Services (HHS) to provide grants for evidence-informed child sexual abuse awareness and prevention programs. The grants may be awarded for a period of up to five years. The bill also requires the HHS Office of Inspector General to report on expenditures under the program.

To amend the Child Abuse Prevention and Treatment Act to provide for grants in support of training and education to teachers and other school employees, students, and the community about how to prevent, recognize, respond to, and report child sexual abuse among primary and secondary school students. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Jenna Quinn Law''. SEC. 2. CHILD SEXUAL ABUSE AWARENESS FIELD INITIATED GRANTS. (a) In General.--Section 105(a) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106(a)) is amended by adding at the end the following: ``(8) Child sexual abuse awareness field-initiated grants.--The Secretary may award grants under this subsection to entities, for periods of up to 5 years, in support of field- initiated innovation projects that advance, establish, or implement comprehensive, innovative, evidence-based or evidence-informed child sexual abuse awareness and prevention programs by-- ``(A) improving student awareness of child sexual abuse in an age-appropriate manner, including how to recognize, prevent, and safely report child sexual abuse; ``(B) training teachers, school employees, and other mandatory reporters and adults who work with children in a professional or volunteer capacity, including with respect to recognizing child sexual abuse and safely reporting child sexual abuse; or ``(C) providing information to parents and guardians of students about child sexual abuse awareness and prevention, including how to prevent, recognize, respond to, and report child sexual abuse and how to discuss child sexual abuse with a child.''. (b) Report on Effectiveness of Expenditures.--The Inspector General of the Department of Health and Human Services shall-- (1) prepare a report that describes the projects for which funds are expended under section 105(a)(8) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106(a)(8)) and evaluates the effectiveness of those projects; and (2) submit the report to the appropriate committees of Congress. (c) Report on Duplicative Nature of Expenditures.--The Inspector General of the Department of Health and Human Services shall-- (1) prepare a report that examines whether the projects described in subsection (b) are duplicative of other activities supported by Federal funds; and (2) submit the report to the appropriate committees of Congress. Passed the Senate August 3, 2022. Attest: Secretary. 117th CONGRESS 2d Session S. 734 _______________________________________________________________________

Jenna Quinn Law

A bill to amend the Child Abuse Prevention and Treatment Act to provide for grants in support of training and education to teachers and other school employees, students, and the community about how to prevent, recognize, respond to, and report child sexual abuse among primary and secondary school students.

Jenna Quinn Law Jenna Quinn Law

Sen. Cornyn, John

R

TX

H.R.2673

Environmental Protection

CERCLA Liability Expansion and Accountability for Negligent and Unjust Pollution Act or the CLEANUP Act This bill includes petroleum products under the definition of hazardous substances for purposes of Superfund, the program that directs and funds the cleanup of sites contaminated with hazardous substances. Additionally, the release of a petroleum product shall be considered as a release under Superfund if liability for such release is established by any other federal law. Per the bill, a petroleum product is petroleum or oil of any kind, in any form, or any fraction thereof, and includes fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.

To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to include certain landlocked releases of petroleum, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``CERCLA Liability Expansion and Accountability for Negligent and Unjust Pollution Act'' or the ``CLEANUP Act''. SEC. 2. COVERAGE OF LANDLOCKED RELEASES OF PETROLEUM. (a) Hazardous Substances Defined.--Section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(14)) is amended-- (1) by striking ``and (F)'' and inserting ``(F)''; (2) by inserting ``, and (G) petroleum products'' after ``Toxic Substances Control Act''; and (3) by striking ``petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of this paragraph, and the term does not include''. (b) Release Defined.--Section 101(22) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(22)) is amended by striking ``and (D) the normal application of fertilizer'' and inserting ``(D) the normal application of fertilizer, and (E) the release of a petroleum product if liability for such release is established by any other Federal law''. (c) Definition of Petroleum Product.--Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601) is amended by adding at the end the following: ``(42) Petroleum product.--The term `petroleum product' means petroleum or oil of any kind, in any form, or any fraction thereof, including fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.''. (d) Conforming Amendment.--Section 101(39)(D)(ii)(II)(aa) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(39)(D)(ii)(II)(aa)) is amended by striking ``excluded from the definition of `hazardous substance' under section 101''. <all>

CERCLA Liability Expansion and Accountability for Negligent and Unjust Pollution Act

To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to include certain landlocked releases of petroleum, and for other purposes.

CERCLA Liability Expansion and Accountability for Negligent and Unjust Pollution Act CLEANUP Act

Rep. Blumenauer, Earl

D

OR

H.R.9074

Government Operations and Politics

To designate the facility of the United States Postal Service located at 333 North Sunrise Way in Palm Springs, California, as the ``Chairman Richard Milanovich Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CHAIRMAN RICHARD MILANOVICH POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 333 North Sunrise Way in Palm Springs, California, shall be known and designated as the ``Chairman Richard Milanovich 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 ``Chairman Richard Milanovich Post Office''. Passed the House of Representatives December 12, 2022. Attest: CHERYL L. JOHNSON, Clerk. By Kevin F. McCumber, Deputy Clerk.

To designate the facility of the United States Postal Service located at 333 North Sunrise Way in Palm Springs, California, as the "Chairman Richard Milanovich Post Office".

To designate the facility of the United States Postal Service located at 333 North Sunrise Way in Palm Springs, California, as the "Chairman Richard Milanovich Post Office".

Official Titles - House of Representatives Official Title as Introduced To designate the facility of the United States Postal Service located at 333 North Sunrise Way in Palm Springs, California, as the "Chairman Richard Milanovich Post Office".

Rep. Ruiz, Raul

D

CA

S.4766

Armed Forces and National Security

This bill authorizes approval of certain commercial driver education programs for purposes of Department of Veterans Affairs (VA) educational assistance if the programs meet specified requirements. Under current law, the VA may not approve enrollment of a veteran in courses for programs that do not lead to a standard degree that are offered at a new branch (i.e., a branch that has been operating for less than 2 years) of an educational institution. Under the bill, a commercial driver education program offered at a new branch of an educational institution may be approved if it is appropriately licensed and uses the same curriculum as a commercial driver education program offered by the educational institution at another location that is already approved for purposes of VA educational assistance. The educational institution must submit a report demonstrating the curriculum at the new branch is the same as the curriculum at the primary location in order to be exempt from the current prohibition against course approval at new branches.

To amend title 38, United States Code, to revise the rules for approval by the Secretary of Veterans Affairs of commercial driver education programs for purposes of veterans educational assistance, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. MODIFICATION OF RULES FOR APPROVAL OF COMMERCIAL DRIVER EDUCATION PROGRAMS FOR PURPOSES OF VETERANS EDUCATIONAL ASSISTANCE. (a) In General.--Section 3680A(e) of title 38, United States Code, is amended-- (1) by redesignating paragraphs (1) through (3) as subparagraphs (A) though (C), respectively; (2) in the matter before subparagraph (A), as redesignated by paragraph (1), by inserting ``(1)'' before ``The Secretary''; (3) in paragraph (1)(B), as redesignated by paragraph (1), by inserting ``except as provided in paragraph (2),'' before ``the course''; and (4) by adding at the end the following new paragraph (2): ``(2)(A) Subject to this paragraph, a commercial driver education program is exempt from paragraph (1)(B) for a branch of an educational institution if the commercial driver program offered at the branch by the educational institution-- ``(i) is appropriately licensed; and ``(ii) uses the same curriculum as a commercial driver education program offered by the educational institution at another location that is approved for purposes of this chapter by a State approving agency or the Secretary when acting in the role of a State approving agency. ``(B)(i) In order for a commercial driver education program of an educational institution offered at a branch described in paragraph (1)(B) to be exempt under subparagraph (A) of this paragraph, the educational institution shall submit to the Secretary each year that paragraph (1)(B) would otherwise apply a report that demonstrates that the curriculum at the new branch is the same as the curriculum at the primary location. ``(ii) Reporting under clause (i) shall be submitted in accordance with such requirements as the Secretary shall establish in consultation with the State approving agencies. ``(C)(i) The Secretary may withhold an exemption under subparagraph (A) for any educational institution or branch of an educational institution as the Secretary considers appropriate. ``(ii) In making any determination under clause (i), the Secretary may consult with the Secretary of Transportation on the performance of a provider of a commercial driver program, including the status of the provider within the Training Provider Registry of the Federal Motor Carrier Safety Administration when appropriate.''. (b) Implementation.-- (1) Establishment of requirements.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish requirements under section 3680A(e)(2)(B)(ii) of such title, as added by subsection (a). (2) Applicability.--The amendments made by subsection (a) shall apply to commercial driver education programs on and after the date that is 180 days after the date on which the Secretary establishes the requirements under paragraph (1) of this subsection. <all>

A bill to amend title 38, United States Code, to revise the rules for approval by the Secretary of Veterans Affairs of commercial driver education programs for purposes of veterans educational assistance, and for other purposes.

A bill to amend title 38, United States Code, to revise the rules for approval by the Secretary of Veterans Affairs of commercial driver education programs for purposes of veterans educational assistance, and for other purposes.

Official Titles - Senate Official Title as Introduced A bill to amend title 38, United States Code, to revise the rules for approval by the Secretary of Veterans Affairs of commercial driver education programs for purposes of veterans educational assistance, and for other purposes.

Sen. Fischer, Deb

R

NE

H.R.2984

Taxation

Investing in American Workers Act This bill allows a business-related tax credit for employers who increase worker training expenditures. The credit is equal to 20% of the excess of (1) the qualified training expenditures for the year, over (2) the average of the adjusted qualified training expenditures for the three previous years. If the employer had no qualified training expenditures in any one of the three previous years, the credit is equal to 10% of the adjusted qualified training expenditures for the year. The credit applies to expenditures for the training of non-highly compensated employees (annual compensation does not exceed $82,000). The training must result in the attainment of a recognized postsecondary credential and be provided through Certain small businesses and tax-exempt organizations may apply the credit against payroll taxes, subject to specified limits and requirements. Eligible small businesses may also apply the credit against the alternative minimum tax.

To amend the Internal Revenue Code of 1986 to provide a credit for employer-provided worker training. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Investing in American Workers Act''. SEC. 2. EMPLOYER-PROVIDED WORKER TRAINING CREDIT. (a) In General.-- (1) Determination of credit.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45U. EMPLOYER-PROVIDED WORKER TRAINING CREDIT. ``(a) In General.--For purposes of section 38, the employer- provided worker training credit under this section for the taxable year is an amount equal to 20 percent of the excess (if any) of-- ``(1) the qualified training expenditures for the taxable year, over ``(2) the average of the adjusted qualified training expenditures for the 3 taxable years preceding the taxable year for which the credit is being determined. ``(b) Qualified Training Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualified training expenditures' means any expenditures for the qualified training of any non-highly compensated employee. Such term shall not include any amounts paid for meals, lodging, transportation, or other services incidental to such qualified training. ``(2) Qualified training.-- ``(A) In general.--For purposes of paragraph (1), the term `qualified training' means training which results in the attainment of a recognized postsecondary credential and which is provided through-- ``(i) an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the `National Apprenticeship Act'; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); ``(ii)(I) a program of training services which is listed under section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d)), or ``(II) an apprenticeship program which is registered or approved by a recognized State apprenticeship agency (which uses a State apprenticeship council) in accordance with section 1 of the Act referred to in clause (i), ``(iii) a program which is conducted by an area career and technical education school, a community college, or a labor organization, or ``(iv) a program which is sponsored and administered by an employer, industry trade association, industry or sector partnership, or labor organization. ``(B) Related definitions.--In subparagraph (A): ``(i) Area career and technical education school.--The term `area career and technical education school' means such a school, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302), which participates in a program under that Act (20 U.S.C. 2301 et seq.). ``(ii) Community college.--The term `community college' means an institution which-- ``(I) is a junior or community college as defined in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)), except that the institution need not meet the requirements of paragraph (1) of that section, and ``(II) participates in a program under title IV of that Act (20 U.S.C. 1070 et seq.). ``(iii) Industry or sector partnership.-- The term `industry or sector partnership' has the meaning given such term under section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ``(iv) Industry trade association.--The term `industry trade association' means an organization which-- ``(I) is described in paragraph (3) or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code, and ``(II) is representing an industry. ``(v) Labor organization.--The term `labor organization' means a labor organization, within the meaning of the term in section 501(c)(5) of the Internal Revenue Code of 1986. ``(vi) Recognized postsecondary credential.--The term `recognized postsecondary credential' means a credential consisting of an industry-recognized certificate or certification, a certificate of completion of an apprenticeship, a license recognized by the State involved or Federal Government, or an associate or baccalaureate degree. ``(3) Non-highly compensated employee.--For purposes of paragraph (1), the term `non-highly compensated employee' means an employee of the taxpayer whose remuneration for the taxable year for services provided to the taxpayer does not exceed $82,000. ``(c) Adjusted Qualified Training Expenditures.--For purposes of this section, the term `adjusted qualified training expenses' means, with respect to any taxable year-- ``(1) the qualified training expenses for such taxable year, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year for which the credit is being determined begins, except that section 1(f)(3)(A)(ii) shall be applied by using the CPI for the calendar year in which the taxable year in which qualified training expenses were paid or incurred begins in lieu of the CPI for calendar year 1982. ``(d) Special Rules.--For purposes of this section-- ``(1) Special rule in case of no qualified training expenditures in any of 3 preceding taxable years.-- ``(A) Taxpayers to which paragraph applies.--The credit under this section shall be determined under this paragraph if the taxpayer has no qualified training expenditures in any one of the 3 taxable years preceding the taxable year for which the credit is being determined. ``(B) Credit rate.--The credit determined under this paragraph shall be equal to 10 percent of the adjusted qualified training expenditures for the taxable year. ``(2) Aggregation and allocation of expenditures, etc.-- Rules similar to the rules of paragraphs (1), (2), (3), (4), and (5) of section 41(f) shall apply. ``(e) Election To Apply Credit Against Payroll Taxes.-- ``(1) In general.--At the election of a qualified small business or a qualified tax-exempt organization (as defined in section 3111(e)(5)(A)) for any taxable year, section 3111(g) shall apply to the payroll tax credit portion of the credit otherwise determined under subsection (a) for the taxable year and such portion shall not be treated (other than for purposes of section 280C) as a credit determined under subsection (a). ``(2) Payroll tax credit portion.--For purposes of this subsection, the payroll tax credit portion of the credit determined under subsection (a) with respect to any qualified small business or qualified tax-exempt organization for any taxable year is the least of-- ``(A) the amount specified in the election made under this subsection, ``(B) the credit determined under subsection (a) for the taxable year (determined before the application of this subsection), or ``(C) in the case of a qualified small business other than a partnership or S corporation, the amount of the business credit carryforward under section 39 carried from the taxable year (determined before the application of this subsection to the taxable year). ``(3) Qualified small business.--For purposes of this subsection-- ``(A) In general.--The term `qualified small business' means, with respect to any taxable year-- ``(i) a corporation or partnership if the gross receipts (as determined under the rules of section 448(c)(3), without regard to subparagraph (A) thereof) of such entity for the taxable year is less than $5,000,000, and ``(ii) any person (other than a corporation or partnership) who meets the requirements of clause (i), determined-- ``(I) by substituting `person' for `entity', and ``(II) by only taking into account the aggregate gross receipts received by such person in carrying on all trades or businesses of such person. ``(B) Limitation.--Such term shall not include an organization which is exempt from taxation under section 501. ``(4) Election.-- ``(A) In general.--Any election under this subsection for any taxable year-- ``(i) shall specify the amount of the credit to which such election applies, ``(ii) shall be made on or before the due date (including extensions) of-- ``(I) in the case of a partnership, the return required to be filed under section 6031, ``(II) in the case of an S corporation, the return required to be filed under section 6037, and ``(III) in the case of any other qualified small business or qualified tax-exempt organization, the return of tax for the taxable year, and ``(iii) may be revoked only with the consent of the Secretary. ``(B) Limitation.--The amount specified in any election made under this subsection shall not exceed $250,000. ``(C) Special rule for partnerships and s corporations.--In the case of a partnership or S corporation, the election made under this subsection shall be made at the entity level. ``(5) Aggregation rules.-- ``(A) In general.--Except as provided in subparagraph (B)-- ``(i) all members of the same controlled group of corporations shall be treated as a single taxpayer, and ``(ii) all trades or businesses (whether or not incorporated) which are under common control shall be treated as a single taxpayer. ``(B) Special rules.--For purposes of this subsection and section 3111(g)-- ``(i) each of the persons treated as a single taxpayer under subparagraph (A) may separately make the election under paragraph (1) for any taxable year, and ``(ii) the $250,000 amount under paragraph (3)(B) shall be allocated among all persons treated as a single taxpayer under subparagraph (A) in the manner provided by the Secretary which is similar to the manner provided under section 41(f)(1). ``(6) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection, including-- ``(A) regulations to prevent the avoidance of the purposes of the limitations and aggregation rules under this subsection, ``(B) regulations to minimize compliance and recordkeeping burdens under this subsection, ``(C) regulations for recapturing the benefit of credits determined under section 3111(g) in cases where there is a recapture or a subsequent adjustment to the payroll tax credit portion of the credit determined under subsection (a), including requiring amended income tax returns in the cases where there is such an adjustment, and ``(D) regulations for the collection of demographic information with respect to the race, ethnicity, and gender of the individuals with respect to whom a taxpayer makes qualified training expenditures for which a credit is allowed under this section.''. (2) Credit part of general business credit.--Section 38(b) of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the employer-provided worker training credit determined under section 45U(a).''. (3) Coordination with deductions.--Section 280C of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(i) Employer-Provided Worker Training Credit.--No deduction shall be allowed for that portion of the expenses otherwise allowable as a deduction taken into account in determining the credit under section 45U for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45U(a).''. (4) 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 adding at the end the following new item: ``Sec. 45U. Employer-provided worker training credit.''. (b) Credit Allowed Against Alternative Minimum Tax.--Subparagraph (B) of section 38(c)(4) of the Internal Revenue Code of 1986 is amended-- (1) by redesignating clauses (x), (xi), and (xii) as clauses (xi), (xii), and (xiii), respectively, and (2) by inserting after clause (ix) the following new clause: ``(x) the credit determined under section 45U with respect to an eligible small business (as defined in paragraph (5)(C), after application of rules similar to the rules of paragraph (5)(D)),''. (c) Payroll Tax Credit.--Section 3111 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Credit for Worker Training Expenses.-- ``(1) In general.--In the case of a taxpayer who has made an election under section 45U(e) for a taxable year, there shall be allowed as a credit against the tax imposed by subsection (a) for the first calendar quarter which begins after the date on which the taxpayer files the return specified in section 45U(e)(4)(A)(ii) an amount equal to the payroll tax credit portion determined under section 45U(e)(2). ``(2) Limitation.--The credit allowed by paragraph (1) shall not exceed the tax imposed by subsection (a) for any calendar quarter on the wages paid with respect to the employment of all individuals in the employ of the employer. ``(3) Carryover of unused credit.--If the amount of the credit under paragraph (1) exceeds the limitation of paragraph (2) for any calendar quarter, such excess shall be carried to the succeeding calendar quarter and allowed as a credit under paragraph (1) for such quarter. ``(4) Deduction allowed for credited amounts.--The credit allowed under paragraph (1) shall not be taken into account for purposes of determining the amount of any deduction allowed under chapter 1 for taxes imposed under subsection (a).''. (d) Simplified Filing for Certain Small Businesses.--The Secretary of the Treasury, in consultation with the Administrator of the Small Business Administration, shall provide for a method of filing returns of tax and information returns required under the Internal Revenue Code of 1986 in a simplified format, to the extent possible, for employers with less than $5,000,000 in annual gross receipts (as determined under guidance provided by the Secretary). (e) Regulations Relating to Postsecondary Credentials.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor, in consultation with the Secretary of the Treasury, shall issue regulations or other guidance applying the definition of the term ``recognized postsecondary credential'' as provided in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. <all>

Investing in American Workers Act

To amend the Internal Revenue Code of 1986 to provide a credit for employer-provided worker training.

Investing in American Workers Act

Rep. Krishnamoorthi, Raja

D

IL

H.R.499

Education

Education Savings Accounts for Military Families Act of 2021 This bill directs the Department of Education (ED) to establish a program to provide children with parents on active duty in the uniformed services with funds to pay educational expenses. Specifically, ED must establish a tax-exempt Military Education Savings Account for dependent children of parents in the uniformed services for the payment of the children's educational expenses. Funds in the savings account may be used for specified purposes, including the cost of attendance at a private elementary or secondary school or institution of higher education, private tutoring, or costs associated with an apprenticeship or other vocational training program.

To amend the Elementary and Secondary Education Act of 1965 to allow parents of eligible military dependent children to establish Military Education Savings Accounts, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Education Savings Accounts for Military Families Act of 2021''. SEC. 2. MILITARY EDUCATION SAVINGS ACCOUNTS. Title VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.) is amended by inserting after section 7012 the following: ``SEC. 7012A. MILITARY EDUCATION SAVINGS ACCOUNTS. ``(a) In General.--The Secretary of Education, in consultation with the Secretary of Defense, shall carry out a program under which the Secretary of Education shall-- ``(1) at the request of a parent of an eligible military dependent child, establish an account on behalf of such child (to be known as a `Military Education Savings Account') into which the Secretary shall deposit funds in an amount determined under subsection (d); and ``(2) establish a procedure under which the parent of the child may use funds in the account to pay for the educational expenses of the child in accordance with this section. ``(b) Application.-- ``(1) In general.--To be eligible to participate in the program under this section for a school year, a parent of an eligible military dependent child shall submit an application to the Secretary in accordance with this subsection. ``(2) Application process.--In carrying out paragraph (1), the Secretary shall-- ``(A) accept applications on a year-round basis and establish procedures for approving applications in an expeditious manner; and ``(B) create a standardized form that parents can use to apply for the program and ensure that such form is readily available in written and electronic formats, including on a publicly accessible website. ``(3) Approval.--Subject to the availability of funds to carry out this section, the Secretary shall approve the application of a parent to establish a Military Education Savings Account if-- ``(A) the application is submitted in accordance with the application process established by the Secretary pursuant to this subsection; ``(B) the application demonstrates that the child on whose behalf the Military Education Savings Account is to be established is an eligible military dependent child; and ``(C) the parent who submits the application enters into a written agreement with the Secretary under which the parent agrees-- ``(i) to provide the child with instruction in, at minimum, the fields of reading, language, mathematics, science, and social studies; ``(ii) to not enroll the child in a public elementary school or a public secondary school, on a full-time basis while participating in the program; ``(iii) to use funds in the Military Education Savings Account only for the purposes authorized under this section; and ``(iv) to comply with all other requirements of this section. ``(4) Renewals.--The Secretary shall establish a process for the automatic renewal of a previously established Military Education Savings Account except in cases in which-- ``(A) the parents of the child on whose behalf the account was established choose not to renew the account; or ``(B) the account was used to commit fraud or was otherwise not used in accordance with the requirements of this section. ``(c) Priority in the Event of Insufficient Funds.-- ``(1) In general.--If the funds appropriated to carry out this section are insufficient to enable the Secretary to establish and fully fund a Military Education Savings Account for each eligible child whose parent has an application approved under subsection (b) for a school year, the Secretary shall-- ``(A) first renew and fully fund previously established Military Education Savings Accounts; and ``(B) if funds remain available after renewing all accounts under subparagraph (A), conduct the lottery described in paragraph (3) to select the children on whose behalf accounts will be established using the remaining funds. ``(2) Transfer authority.--Notwithstanding any other provision of law, the Secretary may transfer amounts from any account of the Department of Education to renew and fully fund previously established Military Education Savings Accounts under paragraph (1)(A). The authority to transfer amounts under the preceding sentence shall not be subject to any transfer or reprogramming requirements under any other provision of law. ``(3) Lottery.--The lottery described in this paragraph is a lottery in which-- ``(A) siblings of children on whose behalf Military Education Savings Accounts have previously been established have the highest probability of selection; ``(B) children of enlisted members have the next- highest probability of selection after the children described in subparagraph (A); ``(C) children of warrant officers have the next- highest probability of selection after the children described in subparagraph (B); and ``(D) children of commissioned officers have the lowest probability of selection. ``(d) Amount of Deposits.-- ``(1) First year of program.--The amount of funds deposited into each Military Education Savings Account for the first school year for which such accounts are established under this section shall be $6,000 for each eligible military dependant child covered by the account. ``(2) Subsequent years.--The amount of funds deposited into each Military Education Savings Account for any school year after the year described in paragraph (1), shall be the amount determined under this subsection for the previous school year increased by a percentage equal to the percentage increase in the Chained Consumer Price Index for All Urban Consumers (as published by the Bureau of Labor Statistics of the Department of Labor) over the period of such previous school year. ``(e) Use of Funds.--Funds deposited into a Military Education Savings Account for a school year may be used by the parent of an eligible military dependent child to make payments to a qualified educational service provider that is approved by the Secretary under subsection (f)(1) for-- ``(1) costs of attendance at a private elementary school or secondary school recognized by the State, which may include a private school that has a religious mission; ``(2) private online learning programs; ``(3) private tutoring; ``(4) services provided by a public elementary school or secondary school attended by the child on a less than full-time basis, including individual classes and extracurricular activities and programs; ``(5) textbooks, curriculum programs, or other instructional materials, including any supplemental materials required by a curriculum program, private school, private online learning program, or a public school, or any parent directed curriculum associated with K-12 education; ``(6) computer hardware or other technological devices that are used to help meet a student's educational needs, except that such hardware or devices may not be purchased by a parent more than once in an 18-month period; ``(7) educational software and applications; ``(8) uniforms purchased from or through a private school recognized by the State; ``(9) fees for nationally standardized assessment exams, advanced placement exams, any exams related to college or university admission, or tuition or fees for preparatory courses for such exams; ``(10) fees for summer education programs and specialized after-school education programs (but not including after-school childcare); ``(11) educational services and therapies, including occupational, behavioral, physical, speech-language, and audiology therapies; ``(12) fees for transportation paid to a fee-for-service transportation provider for the student to travel to and from the facilities of a qualified educational service provider; ``(13) costs of attendance at an institution of higher education; ``(14) costs associated with an apprenticeship or other vocational training program; ``(15) fees for state-recognized industry certification exams, and tuition or fees for preparatory courses for such exams; ``(16) contributions to a college savings account, which may include contributions to a qualified tuition program (as defined in section 529(b)(1)(A) of the Internal Revenue Code of 1986) or other prepaid tuition plan offered by a State; or ``(17) any other educational expenses approved by the Secretary. ``(f) Requirements for Qualified Educational Service Providers.-- ``(1) Registration and approval.--The Secretary shall establish and maintain a registry of qualified educational service providers that are approved to receive payments from a Military Education Savings Account. The Secretary shall approve a qualified educational service provider to receive such payments if the provider demonstrates to the Secretary that it is licensed in the State in which it operates to provide one or more of the services for which funds may be expended under subsection (e). ``(2) Participation in online marketplace.--As a condition of receiving funds from a Military Education Savings Account, a qualified educational service provider shall make its services available for purchase through the online marketplace described in subsection (g). ``(3) Surety bond.-- ``(A) In general.--The Secretary shall require each qualified educational service provider that receives $100,000 or more in funds from Military Education Savings Accounts in a school year to post a surety bond, in an amount determined by the Secretary, for such school year. ``(B) Retention.--The Secretary shall prescribe the circumstances under which a surety bond under subparagraph (A) may be retained by the Secretary. ``(g) Online Marketplace.-- ``(1) In general.--The Secretary shall seek to enter into a contract with a private-sector entity under which the entity shall-- ``(A) establish and operate an online marketplace that enables the holder of a Military Education Savings Account to make direct purchases from qualified educational service providers using funds from such account; ``(B) ensure that each qualified educational service provider on the registry maintained by the Secretary under subsection (f)(1) has made its services available for purchase through the online marketplace; ``(C) ensure that all purchases made through the online marketplace are for services that are allowable uses of funds under subsection (e); and ``(D) develop and make available a standardized expense report form, in electronic and hard copy formats, to be used by parents for reporting expenses in accordance with subsection (h)(3). ``(2) Rule of construction.--Nothing in this subsection shall be construed to require the holder of a Military Education Savings Account to make purchases using the online marketplace described in paragraph (1). ``(h) Transfer Schedule.-- ``(1) In general.--Subject to paragraph (2), the Secretary shall make quarterly transfers of the amount calculated pursuant to subsection (d) for deposit into the account of each qualified student, except that the Secretary may make transfers according to another transfer schedule if the Secretary determines that a transfer schedule other than quarterly transfers is necessary for the operation of the education savings account. ``(2) Choice of schedule.--The Secretary shall establish a process under which the parent of a child on whose behalf a Military Education Savings Account is established may choose a transfer schedule other than a transfer schedule determined under paragraph (1). ``(3) Expense reports.-- ``(A) Submission required.--Before receiving a transfer under paragraph (1) or (2), the parent of a student on whose behalf a Military Education Savings Account is established shall submit to the Secretary an expense report demonstrating how funds from the most recent transfer were expended. ``(B) Format.--Each such expense report shall be submitted using the standardized expense report form developed under subsection (g)(1)(D). ``(i) Rollover.--Amounts remaining in the Military Education Savings Account of a student at the end of a school year shall remain available for use in accordance with subsection (e) until the date on which such account terminates under subsection (j). ``(j) Termination and Return of Funds.-- ``(1) Termination.--The Military Education Savings Account of a student shall terminate on-- ``(A) the date on which the student enrolls in a public elementary school or secondary school on a full- time basis; ``(B) in the case of a student who is pursuing postsecondary education, the earlier of-- ``(i) the date on which the student completes postsecondary education; or ``(ii) the date on which the student attains the age of 22 years; ``(C) in the case of a student who is an individual with a disability, the date on which the student attains the age of 26 years; or ``(D) in the case of an individual not described in subparagraphs (B) or (C), the earlier of-- ``(i) the date on which the student attains the age of 22 years; or ``(ii) the expiration of any 2-year period during which funds in the account are not used in accordance with this section. ``(2) Return of funds.--Any funds remaining in a Military Education Savings Account on the date such account terminates under paragraph (1) shall be returned to the Treasury of the United States and shall be used to carry out the program under this section. ``(k) Compulsory Attendance Requirements.--A State that receives funds under this title shall consider a child with a Military Education Savings Account for a school year as meeting the State's compulsory school attendance requirements for such school year. ``(l) Special Rule.--In the case of a child with a Military Education Savings Account who attends a public school on a less than full-time basis in a school year-- ``(1) the child may not attend the public school free of charge; and ``(2) funds in the account, in an amount determined pursuant to an agreement between the parent of the child and the local educational agency concerned, shall be used to pay for the child's costs of attendance at such school. ``(m) Tax Treatment of Accounts.-- ``(1) In general.--A Military Education Savings Account is exempt from taxation under subtitle A of the Internal Revenue Code of 1986. ``(2) Contributions and distributions.--For purposes of such subtitle-- ``(A) any contribution to a military education savings account by the Secretary under this Act shall not be includible in the gross income of the individual for whose benefit such account is maintained or the parent of such individual; and ``(B) any distribution from a military education savings account which is permitted under this Act shall not be includible in the gross income of the individual for whose benefit such account is maintained or the parent of such individual. ``(n) Fraud Prevention and Reporting.--The Secretary shall establish a website and a telephone hotline that enable individuals to anonymously report suspected fraud in the program under this section. The Secretary also shall conduct or contract for random, quarterly, or annual audits of accounts as needed to ensure compliance with this section. ``(o) Contract Authority.--The Secretary may enter into one or more contracts for the purpose of carrying out the responsibilities of the Secretary under this section. ``(p) Refunds.--The Secretary shall establish a process under which payments from a Military Education Savings Accounts to a qualified educational service provider shall be refunded to the account in the event of fraud or nonperformance by the provider. ``(q) Rules of Construction.-- ``(1) Nonagency.--A qualified educational service provider that receives a payment from a Military Education Savings Account pursuant to this section shall not be considered an agent of the State or the Federal Government solely because the provider received such payment. ``(2) Federal or state supervision.--Nothing in this section shall be construed to allow any agency of a State or the Federal Government to exercise control or supervision over any qualified educational service provider. ``(3) Imposition of additional requirements.--No Federal requirements shall apply to a qualified educational service provider other than the requirements specifically set forth in this section. Nothing in this section shall be construed to require a qualified educational service provider to alter its creed, practices, admissions policy, or curriculum in order to be eligible to receive payments from a Military Education Savings Account. ``(4) Treatment of assistance.--For purposes of any Federal law, assistance provided under this section shall be considered assistance to the military dependent student or to the parents of a student on whose behalf a Military Education Savings Account is established and shall not be considered assistance to the qualified educational service provider that uses or receives funds from a Military Education Savings Account. ``(r) Legal Proceedings.-- ``(1) Burden.--In any legal proceeding in which a qualified educational service provider challenges a requirement imposed by the Department of Education on the provider, the Department shall have the burden of establishing that the requirement is necessary and does not impose any undue burden on the provider. ``(2) Limitation on liability.-- ``(A) In general.--No liability shall arise on the part of an entity described in subparagraph (B) solely because such entity awards, uses, or receives funds from a Military Education Savings Account. ``(B) Entity described.--The entities described in this subparagraph are the following: ``(i) The Department of Education. ``(ii) An entity that enters into a contract with the Secretary pursuant to subsection (g) or subsection (o). ``(iii) A qualified educational service provider. ``(3) Intervention.-- ``(A) In general.--Except as provided in subparagraph (B), a parent of an eligible military dependent student or a parent of a student on whose behalf a Military Education Savings Account is established may intervene in any legal proceeding in which the constitutionality of the program under this section is challenged under a State constitution or the Federal constitution. ``(B) Exception.--For purposes of judicial administration, a court may-- ``(i) limit the number of parents allowed to intervene in a proceeding under subparagraph (A); or ``(ii) require all parents who have intervened in a proceeding under subparagraph (A) to file a joint brief, except that no parent shall be required to join any brief filed on behalf of a State that is a defendant in the proceeding. ``(s) Administrative Expenses.--The Secretary may use not more than 5 percent of the funds made available to carry out this section for the direct costs of administering Military Education Savings Accounts. ``(t) Definitions.--In this section: ``(1) The terms `commissioned officer', `enlisted member', and `warrant officer' have the meanings given those terms in section 101(b) of title 10, United States Code. ``(2) The term `eligible military dependent child' means a child who-- ``(A) has a parent on active duty in the uniformed services (as that term is defined in section 101 of title 37, United States Code, except that such term does not include an officer in the National Guard who has been activated); and ``(B) in the case of a child seeking to establish a Military Education Savings account for the first time, was enrolled in a public elementary school or a public secondary school for not less than 100 consecutive days in the preceding school year. ``(3) The term `institution of higher education' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ``(4) The term `qualified educational service provider' means an entity or person that is licensed by a State to provide one or more of the educational services for which funds may be expended under subsection (e), including-- ``(A) a private school; ``(B) a non-public online learning program or course provider; ``(C) a State institution of higher education, which may include a community college or a technical college; ``(D) a public school; ``(E) a private tutor or entity that operates a tutoring facility; ``(F) a provider of educational materials or curriculum; ``(G) a provider of education-related therapies or services; or ``(H) any other provider of educational services licensed by a State to provide such services.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. Section 7014 of the Elementary and Secondary Education Act of 1965 is amended by adding at the end the following: ``(f) Military Education Savings Accounts.--For the purpose of carrying out section 7012A-- ``(1) there are authorized to be appropriated $1,200,000,000 for fiscal year 2022; and ``(2) for each fiscal year beginning after fiscal year 2022, the amount authorized to be appropriated shall be the amount authorized to be appropriated for the previous fiscal year increased by the percentage increase in the Chained Consumer Price Index for All Urban Consumers (as published by the Bureau of Labor Statistics of the Department of Labor) over the period of such previous fiscal year.''. <all>

Education Savings Accounts for Military Families Act of 2021

To amend the Elementary and Secondary Education Act of 1965 to allow parents of eligible military dependent children to establish Military Education Savings Accounts, and for other purposes.

Education Savings Accounts for Military Families Act of 2021

Rep. Banks, Jim

R

IN

H.R.3429

Commerce

Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce Act of 2021 or SHOP SAFE Act of 2021 This bill makes an electronic commerce platform liable for infringement of a registered trademark by a third-party seller of goods that implicate health and safety unless the platform takes certain actions. Specifically, the platform may be contributorily liable if the seller uses a counterfeit mark in connection with selling, offering, or advertising such goods on the platform. The platform may avoid such liability by taking certain actions before the infringing act, including (1) requiring the seller to have a registered agent or a verified address for service of process in the United States, (2) verifying the seller's identity and contact information, (3) requiring the seller to agree to not use counterfeit marks with goods sold on the platform, (4) implementing technical measures to prescreen listings on the platform and remove listings for goods being sold with a counterfeit mark, and (5) implementing policies to remove and ban repeat offenders.

To amend the Trademark Act of 1946 to provide for contributory liability for certain electronic commerce platforms for use of a counterfeit mark by a third party on such platforms, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce Act of 2021'' or the ``SHOP SAFE Act of 2021''. SEC. 2. CONTRIBUTORY LIABILITY FOR ELECTRONIC COMMERCE PLATFORMS. (a) Platform Liability.--Section 32 of the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (commonly known as the ``Trademark Act of 1946'') (15 U.S.C. 1114), is amended by inserting at the end the following: ``(4)(A) Subject to subparagraph (C), an electronic commerce platform shall be deemed contributorily liable in a civil action by the registrant for the remedies hereinafter provided for a case in which without the consent of the registrant, a third-party seller uses in commerce a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods that implicate health and safety on the platform, unless the platform demonstrates that the platform took each of the following steps to prevent such use on the platform before any infringing act by the third- party seller: ``(i) Determined after a reasonable investigation, and reasonably periodically confirmed-- ``(I) that the third-party seller designated a registered agent in the United States for service of process; or ``(II) in the case of third-party seller located in the United States, and if the seller has not designated a registered agent under subclause (I), that the third-party seller has designated a verified address for service of process in the United States. ``(ii) Verified through governmental identification or other reliable documentation the identity, principal place of business, and contact information of the third-party seller. ``(iii) Required the third-party seller to-- ``(I) take reasonable steps to verify the authenticity of goods on or in connection with which a registered mark is used; and ``(II) attest to the platform that the third-party seller has taken reasonable steps to verify the authenticity of the goods under subclause (I). ``(iv) Imposed on the third-party seller as a condition of participating on the platform contractual requirements that-- ``(I) the third-party seller agrees not to use a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform; ``(II) the third-party seller consents to the jurisdiction of United States courts with respect to claims related to the third-party seller's participation on the platform; and ``(III) the third-party seller designates an agent for service of process in the United States, or, in the case of third-party seller located in the United States, the third-party seller designates a verified address for service of process in the United States. ``(v) Displayed conspicuously on the platform the verified principal place of business, contact information, and identity of the third-party seller, and the country from which the goods will be shipped, except the platform shall not be required to display any such information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual, and in such cases shall instead provide alternative, verified means of contacting the third-party seller. ``(vi) Displayed conspicuously in each listing the country of origin and manufacture of the goods, unless such information was not reasonably available to the third-party seller and the third-party seller had identified to the platform the steps it undertook to identify the country of origin and manufacture of the goods and the reasons it was unable to identify the same. ``(vii) Required each third-party seller to use images that the seller owns or has permission to use and that accurately depict the actual goods offered for sale on the platform. ``(viii) Implemented at no cost to the registrant reasonable proactive technological measures for screening goods before displaying the goods to the public to prevent any third-party seller's use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. ``(ix) Implemented at no cost to the registrant a program to expeditiously disable or remove from the platform any listing for which a platform has reasonable awareness of use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods. Reasonable awareness of use of a counterfeit mark may be inferred based on information regarding the use of a counterfeit mark on the platform generally, general information about the third-party seller, identifying characteristics of a particular listing, or other circumstances as appropriate. A platform may reinstate a listing disabled or removed under this clause if, after an investigation, the platform reasonably determines that a counterfeit mark was not used in the listing. A reasonable decision to reinstate a listing shall not be a basis for finding that a platform failed to comply with this clause. ``(x) Implemented a policy that requires termination of a third-party seller that has reasonably been determined to have engaged in repeated use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. Use of a counterfeit mark by a third-party seller in three separate listings within one year shall be considered repeated use, except when reasonable mitigating circumstances exist. A platform may reinstate a third-party seller if, after an investigation, the platform reasonably determines that the third-party seller did not engage in repeated use of a counterfeit mark or that reasonable mitigating circumstances existed. A reasonable decision to reinstate a third-party seller shall not be a basis for finding that a platform failed to comply with this clause. ``(xi) Implemented at no cost to the registrant reasonable technological measures for screening third- party sellers to ensure that sellers who have been terminated do not rejoin or remain on the platform under a different seller identity or alias. ``(xii) Provided a verified basis to contact a third-party seller upon request by a registrant that has a bona fide belief that the seller has used a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform except that the platform is not required to provide information that constitutes the personal identity of an individual, a home street address, or personal contact information of an individual (in such case, the provider shall provide an alternative means of contacting the third-party seller). ``(B) In this paragraph: ``(i) The term `counterfeit mark' has the meaning given that term in section 34(d)(1)(B). ``(ii) The term `electronic commerce platform' means any electronically accessed platform that includes publicly interactive features that allow for arranging the sale, purchase, payment, or shipping of goods, or that enables a person other than an operator of such platform to sell or offer to sell physical goods to consumers located in the United States. ``(iii) The term `goods that implicate health and safety' means goods the use of which can lead to illness, disease, injury, serious adverse event, allergic reaction, or death if produced without compliance with all applicable Federal, State, and local health and safety regulations and industry- designated testing, safety, quality, certification, manufacturing, packaging, and labeling standards. ``(iv) The term `third-party seller' means a person other than the electronic commerce platform who uses the platform to arrange for the sale, purchase, payment, or shipping of goods. ``(C) This paragraph shall apply-- ``(i) to an electronic commerce platform that has annual sales on the platform of $500,000 or more; or ``(ii) to an electronic commerce platform with less than $500,000 in annual sales six months after the platform has received ten notices (in which there is a reference to this paragraph and an explicit notification to the platform of the ten-notice limit), in aggregate, identifying listings on the platform that reasonably could be determined to have used a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods that implicate health or safety. ``(D) Nothing in this paragraph may be construed to limit liability in a context other than that outlined in this paragraph, including any cause of action available under other provisions of this Act, notwithstanding that the same facts may give rise to a claim under this paragraph.''. (b) Effective Date.--This Act and the amendment made by this Act shall take effect one year after the date of the enactment of this Act. <all>

SHOP SAFE Act of 2021

To amend the Trademark Act of 1946 to provide for contributory liability for certain electronic commerce platforms for use of a counterfeit mark by a third party on such platforms, and for other purposes.

SHOP SAFE Act of 2021 Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce Act of 2021

Rep. Nadler, Jerrold

D

NY

S.1575

Health

Improving Medicaid Programs' Response to Overdose Victims and Enhancing Addiction Care Act or the IMPROVE Addiction Care Act This bill establishes additional requirements for state Medicaid drug-use review programs with respect to individuals who experience opioid-related overdoses. Specifically, programs must include protocols that (1) connect individuals who have experienced an opioid-related overdose within a certain period to appropriate treatment; (2) notify providers who prescribe opioids about subsequent fatal overdoses; (3) ensure providers are notified about an individual's history of opioid-use disorder, overdoses, or poisonings; and (4) educate providers about proper prescribing practices for these individuals.

To amend title XIX of the Social Security Act to encourage appropriate prescribing under Medicaid for victims of opioid overdose. Be it enacted by the Senate 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 Medicaid Programs' Response to Overdose Victims and Enhancing Addiction Care Act'' or the ``IMPROVE Addiction Care Act''. SEC. 2. ENCOURAGING APPROPRIATE PRESCRIBING UNDER MEDICAID FOR VICTIMS OF OPIOID OVERDOSE. (a) In General.--Section 1927(g)(2) of the Social Security Act (42 U.S.C. 1396r-8(g)(2)) is amended by adding at the end the following new subparagraph: ``(E) Additional drug use review requirements.--As part of a State's prospective and retrospective drug use review under subparagraphs (A) and (B), as applicable, the State shall, not later than 24 months after the date of enactment of this subparagraph, develop and implement, or review and update, protocols to, subject to any applicable State or Federal privacy or confidentiality protections that could preclude such protocols-- ``(i) identify individuals receiving benefits under this title who have experienced a nonfatal opioid-related overdose within a look-back period (to be determined by the Secretary except that such period shall not be less than 1 year and shall not exceed 5 years), to the extent that such data is available, and make a good faith effort to connect these individuals to treatment options and recovery support services that have been determined appropriate by the Secretary; ``(ii) if an individual receiving benefits under this title experiences a fatal overdose that is opioid-related (without regard to whether such overdose was related to a covered outpatient drug), or, if specified by the Secretary, related to any other drug (including a drug that is not a covered outpatient drug), not later than 6 months after the date of such overdose-- ``(I) provide notice of such overdose to each provider that, during the period (to be established by the Secretary) preceding such overdose, prescribed opioids (or such other specified drug, if applicable) to such individual, to the extent that such data is available; and ``(II) provide each such provider with educational materials on prescribing opioids (or such other specified drugs, if applicable); ``(iii) ensure that a provider who is treating an individual receiving benefits under this title has notice of the individual's diagnosis or history of opioid use disorder, opioid poisoning diagnosis, history of nonfatal opioid-related overdose, or a diagnosis or history of a substance use disorder or overdose for such other specified drug, if applicable, to the extent such data is available; and ``(iv) perform ongoing retrospective drug utilization reviews and offer provider education that is informed by such reviews (which may include education provided under an educational outreach program established under subparagraph (D) or through an intervention described in paragraph (3)(C)(iii)) regarding appropriate prescribing practices for individuals receiving benefits under this title with a diagnosis or history of opioid use disorder, a history of nonfatal opioid-related overdose, an opioid poisoning diagnosis, or a diagnosis or history of a substance use disorder or overdose for such other specified drug, if applicable. Nothing in this subparagraph shall be construed as requiring a State to develop and implement additional protocols if the State establishes to the satisfaction of the Secretary that the State has in place existing protocols meeting or exceeding the standards set forth in this subparagraph.''. (b) Technical Amendments.--Section 1932(i) of the Social Security Act (42 U.S.C. 1396u-2(i)) is amended-- (1) by striking ``section 483.3(s)(4)'' and inserting ``section 438.3(s)(4)''; and (2) by striking ``483.3(s)(5)'' and inserting ``438.3(s)(5)''. <all>

IMPROVE Addiction Care Act

A bill to amend title XIX of the Social Security Act to encourage appropriate prescribing under Medicaid for victims of opioid overdose.

IMPROVE Addiction Care Act Improving Medicaid Programs' Response to Overdose Victims and Enhancing Addiction Care Act

Sen. Toomey, Patrick

R

PA

S.5000

Government Operations and Politics

No ESG at TSP Act This bill prohibits investments under the Thrift Savings Plan in mutual funds that are based on environmental criteria (e.g., emissions standards), social criteria (e.g., company diversity), political criteria (e.g., political affiliations), or corporate governance criteria that differ from the standards that currently apply under law.

To amend title 5, United States Code, to prohibit investments under the Thrift Savings Plan in certain mutual funds that make investment decisions based primarily on environmental, social, or governance criteria, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``No ESG at TSP Act''. SEC. 2. PROHIBITION ON CERTAIN MUTUAL FUNDS UNDER THE THRIFT SAVINGS PLAN. (a) Definitions.--In this section: (1) Board; executive director.--The terms ``Board'' and ``Executive Director'' have the meanings given those terms in section 8401 of title 5, United States Code. (2) Covered sum.--The term ``covered sum'' means any sum of the Thrift Savings Fund that is invested in a mutual fund, exchange-traded fund, or other investment vehicle described in subparagraph (E) or (F) of section 8438(b)(5) of title 5, United States Code, as added by subsection (b). (3) Mutual fund window.--The term ``mutual fund window'' means the mutual fund window added by the Board pursuant to the authorization under section 8438(b)(5) of title 5, United States Code. (4) Participant.--The term ``participant'' has the meaning given the term in section 8471 of title 5, United States Code. (5) Thrift savings fund.--The term ``Thrift Savings Fund'' means the fund established under section 8437 of title 5, United States Code. (b) Prohibition.-- (1) In general.--Section 8438(b)(5) of title 5, United States Code, is amended by adding at the end the following: ``(E) The Board may not offer through the mutual fund window any mutual fund, exchange-traded fund (as defined in section 270.6c-11 of title 17, Code of Federal Regulations, or any successor regulation), or other investment vehicle that invests in bonds or equities and that makes investment decisions based on ESG criteria, to the extent that those criteria are unrelated to maximizing monetary returns for investors. ``(F) The Board may not offer through the mutual fund window any mutual fund, exchange-traded fund (as defined in section 270.6c-11 of title 17, Code of Federal Regulations, or any successor regulation), or other investment vehicle that is marketed as making investment decisions based on ESG criteria. ``(G) In this paragraph, the term `ESG criteria' means any of the following criteria: ``(i) Environmental criteria, including-- ``(I) emissions, climate change, sustainability, environmental justice, pollution, or conservation; or ``(II) whether a company is engaged in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy. ``(ii) Social criteria, including-- ``(I) diversity criteria, including-- ``(aa) the sex, race, ethnicity, gender identity, sexual orientation, or socioeconomic status of the owners, board members, employees, or customers of companies; or ``(bb) whether the board members, employees, or customers described in item (aa) are members of a labor organization (as that term is defined in section 2 of the National Labor Relations Act (29 U.S.C. 152)); or ``(II) whether a company is engaged in the manufacture, transportation, or sale of firearms, firearms accessories, or ammunition. ``(iii) Political criteria, including the perceived or actual political affiliations, donations, or associations of companies. ``(iv) Criteria for corporate governance standards that differ from the applicable standards required under State and Federal law, as in effect on the date of enactment of this subparagraph.''. (2) Review and removal.--The Executive Director shall establish a process through which, during the period beginning on the date of enactment of this Act and ending on the effective date described in subsection (c), members of the Board shall-- (A) identify investment vehicles that-- (i) were added to the mutual fund window pursuant to the rule entitled ``Mutual Fund Window'' (87 Fed. Reg. 27917 (effective June 1, 2022)); and (ii) would violate subparagraph (E) or (F) of section 8438(b)(5) of title 5, United States Code, as added by paragraph (1); and (B) remove from the mutual fund window all investment vehicles identified under subparagraph (A). (3) Existing investments in impermissible mutual funds.-- (A) Notice.--Not later than 30 days after the effective date described in subsection (c), the Executive Director shall notify each participant of the option to make an election under subparagraph (B). (B) Election.--During the 90-day period beginning on the day after the date on which the 30-day period described in subparagraph (A) ends, a participant may elect to have any covered sums credited to the account of that individual in the Thrift Savings Fund reinvested in accordance with section 8438 of title 5, United States Code, as amended by paragraph (1). (C) Mandatory reinvestment.--Beginning on the day after the date on which the 90-day period described in subparagraph (B) ends, the Board shall ensure that all covered sums with respect to which elections have not been made under that subparagraph are invested in the Government Securities Investment Fund established under section 8438(b)(1)(A) of title 5, United States Code. (4) Enforcement.--Section 8477(e)(3) of title 5, United States Code, is amended-- (A) in subparagraph (B)(iii), by striking ``or'' at the end; (B) in subparagraph (C)(ii), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(D) by any participant or beneficiary against the Board-- ``(i) to obtain any appropriate equitable relief to redress a violation of subparagraph (E) or (F) of section 8438(b)(5); ``(ii) to enjoin any act or practice which violates subparagraph (E) or (F) of section 8438(b)(5); or ``(iii) to obtain actual or compensatory damages to redress a violation of subparagraph (E) or (F) of section 8438(b)(5).''. (c) Effective Date.--The amendments made by paragraphs (1) and (4) of subsection (b) shall take effect on the date that is 1 year after the date of enactment of this Act. <all>

No ESG at TSP Act

A bill to amend title 5, United States Code, to prohibit investments under the Thrift Savings Plan in certain mutual funds that make investment decisions based primarily on environmental, social, or governance criteria, and for other purposes.

No ESG at TSP Act

Sen. Lee, Mike

R

UT

H.R.2035

Health

Improving Access to Mental Health Act of 2021 This bill increases the Medicare reimbursement rate for clinical social worker services. The bill excludes clinical social worker services from the prospective payment system in which predetermined amounts form the basis for payment under Medicare. Additionally, the bill alters the definition of clinical social worker services as it relates to Medicare. Under current law, such services (1) include services performed for the diagnosis and treatment of mental illnesses, and (2) exclude services furnished to an inpatient of a skilled nursing facility as a condition of the facility's participation in the Medicare program. The bill repeals these provisions and instead specifies that such services include certain types of health behavior assessment and intervention.

To amend title XVIII of the Social Security Act to improve access to mental health services under the Medicare program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Access to Mental Health Act of 2021''. SEC. 2. IMPROVED ACCESS TO MENTAL HEALTH SERVICES UNDER THE MEDICARE PROGRAM. (a) Access to Clinical Social Workers.--Section 1833(a)(1)(F)(ii) of the Social Security Act (42 U.S.C. 1395l(a)(1)(F)(ii)) is amended by striking ``75 percent of the amount determined for payment of a psychologist under clause (L)'' and inserting ``85 percent of the fee schedule amount provided under section 1848''. (b) Access to Clinical Social Worker Services Provided to Residents of Skilled Nursing Facilities.-- (1) In general.--Section 1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``clinical social worker services,'' after ``qualified psychologist services,''. (2) Conforming amendment.--Section 1861(hh)(2) of the Social Security Act (42 U.S.C. 1395x(hh)(2)) is amended by striking ``and other than services furnished to an inpatient of a skilled nursing facility which the facility is required to provide as a requirement for participation''. (c) Access to the Complete Set of Clinical Social Worker Services.--Section 1861(hh)(2) of the Social Security Act (42 U.S.C. 1395x(hh)(2)) is further amended by striking ``for the diagnosis and treatment of mental illnesses (other than services'' and inserting ``(including services for the diagnosis and treatment of mental illnesses or services for health and behavior assessment and intervention (identified as of January 1, 2021, by HCPCS codes 96150 through 96161 (and any succeeding codes)), but not including services''. (d) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after January 1, 2022. <all>

Improving Access to Mental Health Act of 2021

To amend title XVIII of the Social Security Act to improve access to mental health services under the Medicare program.

Improving Access to Mental Health Act of 2021

Rep. Lee, Barbara

D

CA

S.4721

Armed Forces and National Security

Autonomy for Disabled Veterans Act This bill increases the maximum amount authorized under the Home Improvements and Structural Alterations (HISA) grant program to $10,000 for veterans with a service-connected disability and $5,000 for those with disabilities that are not service-connected. The HISA grant program provides medically necessary improvements and structural alterations to veterans' (or service members') primary residence for specified purposes (e.g., allowing for entrance to their home). The bill requires the Department of Veterans Affairs to increase the dollar amount of the grant in accordance with inflation as determined by the Consumer Price Index.

To amend title 38, United States Code, to increase the amount paid by the Secretary of Veterans Affairs to veterans for improvements and structural alterations furnished as part of home health services. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Autonomy for Disabled Veterans Act''. SEC. 2. INCREASE IN AMOUNT AVAILABLE TO DISABLED VETERANS FOR IMPROVEMENTS AND STRUCTURAL ALTERATIONS FURNISHED AS PART OF HOME HEALTH SERVICES. (a) Increase.-- (1) In general.--Paragraph (2) of section 1717(a) of title 38, United States Code, is amended-- (A) in subparagraph (A)-- (i) in clause (i), by striking ``; or'' and inserting a semicolon; (ii) in clause (ii)-- (I) by inserting ``and before the date of the enactment of the Autonomy for Disabled Veterans Act'' after ``May 5, 2010,''; and (II) by striking ``; and'' and inserting ``; or''; and (iii) by adding at the end the following new clause: ``(iii) in the case of a veteran who first applies for benefits under this paragraph on or after the date of the enactment of the Autonomy for Disabled Veterans Act, $10,000; and''. (B) in subparagraph (B)-- (i) in clause (i), by striking ``; or'' and inserting a semicolon; (ii) in clause (ii)-- (I) by inserting ``and before the date of the enactment of the Autonomy for Disabled Veterans Act'' after ``May 5, 2010,''; and (II) by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following new clause: ``(iii) in the case of a veteran who first applies for benefits under this paragraph on or after the date of the enactment of the Autonomy for Disabled Veterans Act, $5,000.''. (2) Applicability.--A veteran who exhausts the eligibility of the veteran for benefits under section 1717(a)(2) of title 38, United States Code, before the date of the enactment of this Act is not entitled to additional benefits under such section by reason of the amendments made by paragraph (1). (b) Adjustment for Inflation.--Section 1717(a) of title 38, United States Code, is further amended by adding at the end the following new paragraph: ``(4) On an annual basis, the Secretary shall increase the dollar amounts in effect under paragraph (2) by a percentage equal to the percentage by which the consumer price index for all urban consumers (United States city average) increased during the 12-month period ending with the last month for which consumer price index data is available. In the event that such consumer price index does not increase during such period, the Secretary shall maintain the dollar amounts in effect under paragraph (2) during the previous fiscal year.''. <all>

Autonomy for Disabled Veterans Act

A bill to amend title 38, United States Code, to increase the amount paid by the Secretary of Veterans Affairs to veterans for improvements and structural alterations furnished as part of home health services.

Autonomy for Disabled Veterans Act

Sen. Cortez Masto, Catherine

D

NV

H.R.5968

Government Operations and Politics

This bill requires the Executive Office of the President to provide economic literacy training to each employee of the office.

To require employees of the Executive Office of the President to receive training on economic literacy, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ECONOMIC LITERACY TRAINING FOR CERTAIN EMPLOYEES OF THE EXECUTIVE OFFICE OF THE PRESIDENT. (a) Establishment.--Not later than 120 days after the date of the enactment of this Act, the Executive Office of the President shall establish a program (in this Act referred to as the ``Program'') to provide covered employees training on economic literacy. (b) Training Course.-- (1) In general.--Except as provided in paragraph (2), the training provided under the Program shall include a course or program on economic literacy that-- (A) primarily provides instruction on inflation; and (B) is accredited by a nationally recognized accrediting agency or association that provides standards for economic or financial education, as determined by the Director of the National Economics Council. (2) Alternative course or program selection.-- (A) In general.--During any period in which no course or program described in paragraph (1) is reasonably available for covered employees to participate in under the Program, as determined by the Director of the National Economics Council-- (i) paragraph (1) shall not apply; and (ii) the Program shall require covered employees to participate in a course or program on economic literacy that is selected by the Director and includes instruction on inflation. (B) Selection deadline.--Not later than 60 days after the Director of the National Economics Council makes the determination described in subparagraph (A), the Director shall make the selection described in subparagraph (A)(ii). (c) Timing.-- (1) In general.--Each covered employee shall receive training on economic literacy under the Program-- (A) in the case of an individual that is a covered employee as of the date on which the Program is established, not later than 90 days after such date; or (B) in the case of an individual that becomes a covered employee after the date on which the Program is established, not later than 90 days after the date such individual becomes a covered employee. (2) Tolling.--Each period of time specified in paragraph (1) shall be tolled during any period of time for which the Director of the National Economics Council has made a determination described in subsection (b)(2)(A) and has not made a selection described in subsection (b)(2)(A)(ii). (d) Reports.-- (1) Annual certification.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Director of the Office of Administration of the Executive Office of the President shall submit to Congress a report certifying whether the Executive Office of the President has complied with the requirements of this section during the one- year period ending on the date on which the report is submitted. (2) Noncompliant employee list.--On each January 1 and June 1 occurring after the date that is 90 days after the date on which the Program is established, the Director of the Office of Administration of the Executive Office of the President shall submit to the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a list of each covered employee that has not received training on economic literacy in accordance with this section. (e) Covered Employee Defined.--In this Act, the term ``covered employee'' means an employee (as defined in section 2105(a) of title 5, United States Code) of the Executive Office of the President. <all>

To require employees of the Executive Office of the President to receive training on economic literacy, and for other purposes.

To require employees of the Executive Office of the President to receive training on economic literacy, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To require employees of the Executive Office of the President to receive training on economic literacy, and for other purposes.

Rep. Budd, Ted

R

NC

H.R.8980

Energy

Preserving the Gulf Test Range to Ensure Military Readiness Act This bill establishes a moratorium on energy development (e.g., offshore wind development) in specified areas of the Gulf of Mexico until June 30, 2032. Until that date, the Department of the Interior may not conduct certain energy development activities in any area east of the Military Mission Line in the Gulf of Mexico. The moratorium also applies to other areas of the Outer Continental Shelf—the South Atlantic Planning Area, the Straits of Florida Planning Area, or any area west of the Military Mission Line in the Gulf of Mexico—if energy exploration, leasing, or development in that area has been identified as having any adverse effect on national security, military readiness, or the Department of Defense's testing capabilities. However, Interior may issue leases in those areas for environmental conservation purposes, including the purposes of shore protection, beach nourishment and restoration, wetlands restoration, and habitat protection.

To establish a moratorium on energy development in certain areas of the Gulf of Mexico, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving the Gulf Test Range to Ensure Military Readiness Act''. SEC. 2. MORATORIUM ON ENERGY DEVELOPMENT IN CERTAIN AREAS OF GULF OF MEXICO. (a) Definitions.--In this section: (1) Military mission line.--The term ``Military Mission Line'' has the meaning given the term in section 102 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Moratorium.--Effective during the period beginning on the date of enactment of this Act and ending on June 30, 2032, the Secretary shall not offer for leasing, preleasing, or any related activity for energy development of any kind-- (1) any area east of the Military Mission Line in the Gulf of Mexico; or (2) any area of the outer Continental Shelf described in subparagraph (A), (B), or (C) of paragraph (2) of subsection (d), if oil, gas, wind, or any other form of energy exploration, leasing, or development in that area has been identified in a report under that subsection as having any adverse effect on the national security of the United States or the military readiness or testing capabilities of the Department of Defense. (c) Environmental Exceptions.--Notwithstanding subsection (b), the Secretary may issue leases in areas described in that subsection for environmental conservation purposes, including the purposes of shore protection, beach nourishment and restoration, wetlands restoration, and habitat protection. (d) Reports.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, and not later than June 30, 2031, the Secretary of Defense shall submit to the Committees on Appropriations and Armed Services of the Senate and the Committees on Appropriations and Armed Services of the House of Representatives a report that describes the impact of oil, gas, wind, and any other form of energy exploration, leasing, or development in areas of the outer Continental Shelf described in paragraph (2) on the national security of the United States and the military readiness and testing capabilities of the Department of Defense. (2) Areas described.--The areas of the outer Continental Shelf referred to in paragraph (1) are the following: (A) Any area west of the Military Mission Line in the Gulf of Mexico. (B) The South Atlantic Planning Area. (C) The Straits of Florida Planning Area. <all>

Preserving the Gulf Test Range to Ensure Military Readiness Act

To establish a moratorium on energy development in certain areas of the Gulf of Mexico, and for other purposes.

Preserving the Gulf Test Range to Ensure Military Readiness Act

Rep. Waltz, Michael

R

FL

H.R.7722

Environmental Protection

Unleashing American Resources Act This bill directs the Forest Service to reissue the final environmental impact statement for the Resolution Copper Project and Land Exchange (a copper mining project in Arizona) that was withdrawn on March 5, 2021. The bill also specifies that the reissued statement meets certain environmental requirements.

To require the Secretary of Agriculture to reissue the final environmental impact statement for the Resolution Copper Project and Land Exchange, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Unleashing American Resources Act''. SEC. 2. ENVIRONMENTAL IMPACT STATEMENT FOR THE RESOLUTION COPPER PROJECT AND LAND EXCHANGE. (a) In General.--Not later than 90 days after the date of enactment of this section, the Secretary of Agriculture shall reissue the final environmental impact statement for the Resolution Copper Project and Land Exchange, which was withdrawn March 5, 2021 (86 Fed. Reg. 12943). (b) Limitation.--The Secretary of Agriculture may not withdraw the final environmental impact statement reissued under subsection (a). (c) Compliance With NEPA.--The final environmental impact statement reissued under subsection (a) shall be considered to meet the requirements relating to detailed statements under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) for the Resolution Copper Project and Land Exchange. <all>

Unleashing American Resources Act

To require the Secretary of Agriculture to reissue the final environmental impact statement for the Resolution Copper Project and Land Exchange, and for other purposes.

Unleashing American Resources Act

Rep. Lesko, Debbie

R

AZ

H.R.2899

Public Lands and Natural Resources

The bill directs the Department of the Interior to assess the suitability and feasibility of designating areas of Guam as a National Heritage Area.

To direct the Secretary of the Interior to conduct a study to assess the suitability and feasibility of designating areas within the island of Guam as a National Heritage 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. THE GUAM NATIONAL HERITAGE AREA STUDY. (a) Study.-- (1) In general.--The Secretary, in consultation with appropriate regional and local organizations or agencies, shall conduct a study to assess the suitability and feasibility of designating the study areas as National Heritage Areas. (2) Requirements.--The study shall include analysis, documentation, and determinations on whether the study areas-- (A) has an assemblage of natural, historic, and cultural resources that-- (i) represent distinctive aspects of the heritage of the United States; (ii) are worthy of recognition, conservation, interpretation, and continuing use by residents and visitors; and (iii) would be best managed-- (I) through partnerships among public and private entities; and (II) by linking diverse and sometimes noncontiguous resources and active communities that share a common heritage; (B) reflects traditions, customs, beliefs, and folklife that are a valuable part of the story of the United States; (C) provides-- (i) outstanding opportunities to conserve natural, historic, cultural, or scenic features; and (ii) outstanding recreational and educational and cultural tourism opportunities; (D) contains resources that-- (i) are important to any identified themes of the study area; and (ii) retain a degree of integrity capable of supporting interpretation; (E) includes residents, business interests, nonprofit organizations, including museums and heritage organizations, and State and local governments that-- (i) are involved in the planning of the National Heritage Area; (ii) have developed a conceptual financial plan that outlines the roles of all participants in the Area, including the Federal Government; and (iii) have demonstrated support for the designation of the Area; (F) has a potential management entity to work in partnership with the individuals and entities described in subparagraph (E) to develop the Area while encouraging State and local economic activity; and (G) has a conceptual boundary map that is supported by the public. (b) Private Property Considerations.--In conducting the study, the Secretary shall consider the potential impact that designation of the study area as a national heritage area would have on private property on Guam. (c) Report.--Not later than the end of the third fiscal year after the date on which funds are first made available for this section, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes-- (1) the findings of the study; and (2) any conclusions and recommendations of the Secretary. (d) Definitions.--In this section: (1) Area.--The term ``Area'' means a National Heritage Area located in Guam. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Study area.--The term ``study area'' means the island of Guam. Passed the House of Representatives March 15, 2022. Attest: CHERYL L. JOHNSON, Clerk.

To direct the Secretary of the Interior to conduct a study to assess the suitability and feasibility of designating areas within the island of Guam as a National Heritage Area, and for other purposes.

To direct the Secretary of the Interior to conduct a study to assess the suitability and feasibility of designating areas within the island of Guam as a National Heritage Area, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To direct the Secretary of the Interior to conduct a study to assess the suitability and feasibility of designating areas within the island of Guam as a National Heritage Area, and for other purposes.

Del. San Nicolas, Michael F. Q.

D

GU

H.R.8178

Science, Technology, Communications

Generating Resilient and Energy Efficient Network Communications Act or the GREEN Communications Act This bill establishes a program and sets out other requirements for federal agencies concerning the efficiency and resiliency of communications infrastructure. Specifically, the National Telecommunications and Information Administration (NTIA) must competitively award grants and revolving loans to public or private providers, operators, or owners of communications networks or communications infrastructure for efficiency and resiliency projects. The NTIA must also (1) develop best practices concerning energy-efficient and carbon-neutral communications infrastructure, and (2) annually report on the energy efficiency and greenhouse gas emissions of communications infrastructure and certain network outages. Additionally, the Federal Communications Commission (FCC) must establish a framework to promote resilient communications networks and communications infrastructure. The FCC must consult with specified federal entities on the framework. The FCC must also The bill also requires the Department of Energy to report on the projected growth of electrical consumption of, and recommendations for energy efficiency standards for, data centers in the United States.

To require the Assistant Secretary of Commerce for Communications and Information to carry out a grant and revolving loan program to provide funding for projects to increase the resiliency and energy efficiency of communications networks, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Generating Resilient and Energy Efficient Network Communications Act'' or the ``GREEN Communications Act''. SEC. 2. DEFINITIONS. In this Act: (1) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary of Commerce for Communications and Information. (2) Commission.--The term ``Commission'' means the Federal Communications Commission. (3) Communications infrastructure.--The term ``communications infrastructure'' means any equipment, tower, support structure, facility, product, or technology that is essential to the operation of a communications network. (4) Communications network.--The term ``communications network'' means-- (A) a broadband network; (B) a cellular network; (C) a telephone network; (D) a cable system; (E) a network that is primarily used for public safety or first responder communications; or (F) a network that provides any other communications or telecommunications service. (5) Communications network outage.--The term ``communications network outage'' means an outage with respect to a communications network that results in the disruption of services provided by the communications network. (6) Covered efficiency project.--The term ``covered efficiency project'' means, with respect to action taken by an eligible entity-- (A) the purchase or upgrading of equipment or technology, including an electrical or thermal monitoring system, that is demonstrated to increase the energy efficiency of communications infrastructure; (B) the installation or upgrading of permanent solar panels, wind turbines, combined heat and power technology, or other renewable energy generators that are used in communications infrastructure, or at a data center, provided, operated, or owned by the eligible entity; (C) entering into a partnership with an energy utility company to purchase land for renewable energy infrastructure, or to construct renewable energy infrastructure, that will be used to power a data center, an internet exchange point, or communications infrastructure provided, operated, or owned by the eligible entity; (D) the reduction of water consumption for cooling a data center, or operating other communications infrastructure, provided, operated, or owned by the eligible entity, in an area that is likely to experience drought; (E) the study of ways to make a communications network provided, operated, or owned by the eligible entity, or communications infrastructure provided, operated, or owned by the eligible entity, more energy and resource efficient; (F) the study, including through pilot projects, of green technologies to make a communications network provided, operated, or owned by the eligible entity more energy and resource efficient; or (G) any other type of project carried out by the eligible entity that the Assistant Secretary determines will promote the adoption of energy efficient, renewable energy, and carbon-neutral technologies and practices with respect to communications networks, or communications infrastructure, provided, operated, or owned by the eligible entity. (7) Covered resiliency project.--The term ``covered resiliency project'' means, with respect to action taken by an eligible entity-- (A) the construction of communications infrastructure to be provided, operated, or owned by the eligible entity in a location that is not vulnerable to projected severe effects with respect to extreme weather, natural disasters, or climate change- related events, including sea-level rise, flooding, and increased risk of wildfire; (B) the relocation of communications infrastructure provided, operated, or owned by the eligible entity to a location that is less vulnerable to projected severe effects with respect to extreme weather, natural disasters, or climate change-related events, including sea-level rise, flooding, and increased risk of wildfire; (C) the reinforcement, hardening, or replacement of communications infrastructure provided, operated, or owned by the eligible entity in a location that is increasingly vulnerable to projected severe effects with respect to extreme weather, natural disasters, or climate change-related events, including sea-level rise, flooding, and increased risk of wildfire; (D) the construction of a fortification, such as a sea wall or embankment, or the development of green infrastructure solutions, such as wetlands or drainage ponds, to protect communications infrastructure provided, operated, or owned by the eligible entity from projected severe effects with respect to extreme weather, natural disasters, or climate change-related events, including sea-level rise, flooding, and increased risk of wildfire; (E) the undertaking of research with respect to communications infrastructure provided, operated, or owned by the eligible entity to identify vulnerabilities of that infrastructure to climate change based on the best available data, analysis, and projections regarding that change, including sea-level rise projections, 100-year floodplain maps, and heat and temperature projections; (F) the undertaking of research (using the best available data, analysis and projections regarding tectonic science and structural engineering) with respect to communications infrastructure provided, operated, or owned by the eligible entity to identify vulnerabilities, or the susceptibility, of that communications infrastructure to damage caused by natural disasters; (G) the purchase of renewable energy or low- emission backup generators, fuel cells, or batteries to maximize the likelihood that communications infrastructure provided, operated, or owned by the eligible entity can continue operating in the event of an electrical system outage, without regard to whether the eligible entity is required to provide such backup power with respect to that communications infrastructure; (H) the purchase of cooling equipment or insulation, or the development of green infrastructure, to protect communications infrastructure provided, operated, or owned by the eligible entity from extreme heat events; (I) the piloting of technologies to make a communications network provided, operated, or owned by the eligible entity more resilient through energy efficient and low carbon emission measures; (J) in order to facilitate faster detection of, or response to, a communications network outage with respect to a communications network provided, operated, or owned by the eligible entity-- (i) the training of employees of the eligible entity relating to such a detection or response; (ii) the conducting of communications network outage tests or simulations; (iii) the participation in communications network outage tests or simulations, including those administered by local, State, or Federal governmental entities; or (iv) the purchase of equipment or technology relating to such a detection or response, including communications infrastructure (including deployable communications infrastructure) that can expedite the restoration of communications or telecommunications services after such a communications network outage; (K) the undertaking of research to develop technologies that can expedite the restoration of communications or telecommunications services after an outage with respect to communications infrastructure provided, operated, or owned by the eligible entity; (L) the construction, purchase, relocation, reinforcement, or replacement of communications infrastructure provided, operated, or owned by the eligible entity in order to minimize the risk of a communications network outage caused by an affirmative power shut-off by a utility; or (M) any other type of project carried out by the eligible entity that the Assistant Secretary determines will increase the resiliency of a communications network or communications infrastructure provided, operated, or owned by the eligible entity with respect to-- (i) severe weather; (ii) natural disasters; and (iii) climate change-related events, including extreme weather events, droughts, coastal and inland flooding, sea level rise, increased storm surge, wildfires, mudslides, and extreme temperatures. (8) Data center.--The term ``data center'' means a centralized location at which computing and networking equipment is concentrated for the purpose of collecting, storing, processing, distributing, or allowing access to large amounts of electronic data. (9) Eligible entity.--The term ``eligible entity'' means any private or public entity, including a State, local, or Tribal government, that provides, operates, or owns a communications network or communications infrastructure. (10) Natural disaster.--The term ``natural disaster'' includes a natural event that is not related to climate change, including an earthquake, a tornado, a hurricane, a volcanic eruption, a solar flare, a geomagnetic disturbance, and an electromagnetic pulse. (11) NTIA.--The term ``NTIA'' means the National Telecommunications and Information Administration. SEC. 3. FINANCIAL ASSISTANCE FOR COMMUNICATIONS NETWORK RESILIENCY AND ENERGY EFFICIENCY. (a) In General.-- (1) Establishment.--Not later than 1 year after the date of enactment of this Act, the Assistant Secretary shall establish a program in the NTIA (referred to in this section as the ``Program'') through which the Assistant Secretary, subject to the other provisions of this section, shall competitively award grants and revolving loans to eligible entities to carry out covered efficiency projects and covered resiliency projects. (2) Preliminary rulemaking.--Before accepting applications for a grant or a revolving loan under the Program, the Assistant Secretary shall, under section 553 of title 5, United States Code, and after consultation with eligible entities and the Secretary of Homeland Security, conduct a rulemaking to develop a process for-- (A) identifying proprietary and confidential information contained in such an application; and (B) handling and protecting information described in subparagraph (A). (b) Application Process.-- (1) In general.--Subject to paragraph (2), an eligible entity seeking a grant or a revolving loan under the Program shall submit to the Assistant Secretary an application at such time, in such manner, and containing such information as the Assistant Secretary may require. (2) Minimum requirements.--An application submitted by an eligible entity under paragraph (1) shall contain, at a minimum, and to the extent applicable-- (A) with respect to a covered efficiency project-- (i) an overview of the energy sourcing of the communications infrastructure or other equipment that is the subject of the project; and (ii) a description of how the grant or revolving loan sought by the eligible entity will improve the energy or resource efficiency of the communications infrastructure or other equipment that is the subject of the project; and (B) with respect to a covered resiliency project-- (i) a description of the current, as of the date on which the application is submitted, resiliency efforts of the eligible entity with respect to the communications infrastructure or communications network that is the subject of the project; (ii) a description of the specific vulnerability of, or threat of disruption to, the communications infrastructure or communications network that is the subject of the project; (iii) a description of how the grant or revolving loan sought by the eligible entity will improve the resiliency of the communications infrastructure or communications network that is the subject of the project; (iv) a statement that the project meets all applicable local, State, Tribal, and Federal zoning and environmental requirements; and (v) a description of how the project will integrate with local or regional strategic planning efforts, if applicable. (c) Funding Prioritization.--In selecting projects for which funding will be provided under the Program, the Assistant Secretary shall give priority to-- (1) covered efficiency projects that-- (A) will be carried out in, or primarily benefit, areas in which-- (i) the median household income is below 150 percent of the Federal poverty level; or (ii) a majority of the residents are members of a racial or ethnic minority group; (B) have the greatest demonstrated impact on energy efficiency; or (C) demonstrate the greatest overall projected reductions in greenhouse gas emissions; and (2) covered resiliency projects that-- (A) will be carried out in, or primarily benefit, areas-- (i) in which the median household income is below 150 percent of the Federal poverty level; (ii) in which a majority of the residents are members of a racial or ethnic minority group; (iii) in which rural features or sparse populations limit other investments with respect to the resiliency of communications networks; or (iv) that are highly vulnerable to events relating to severe weather, natural disasters, or climate change-related events, as determined by the Assistant Secretary after-- (I) consulting with the Administrators of the Federal Emergency Management Agency, the National Oceanic and Atmospheric Administration, and the Environmental Protection Agency, using the best data available to those officials; and (II) obtaining input from operators of communications networks regarding the types of events that are most or least impactful to those communications networks; or (B) utilize green infrastructure or renewable energy solutions, including by piloting new green solutions that will affirmatively increase the resiliency of communications infrastructure or communications networks provided, operated, or owned by the eligible entity. (d) Conditions on Financial Assistance.-- (1) Covered efficiency project.--An eligible entity to which funding is made available under the Program with respect to a covered efficiency project shall, to the extent applicable-- (A) not later than 1 year after the date on which the eligible entity receives the funding, and annually thereafter until the completion of the covered efficiency project, submit to the Assistant Secretary a report that describes, for the year covered by the report, the electrical consumption, by source, of the communications infrastructure or other property that is the subject of the project, which shall identify the percentage of that consumption that comes from fossil fuels and from renewable energy sources; and (B) complete a clean energy review-- (i) the components of which shall be established by the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency-- (I) through rulemaking under section 553 of title 5, United States Code; and (II) after developing a process, in consultation with eligible entities, for-- (aa) identifying proprietary and confidential information contained in such a review; and (bb) handling and protecting information described in item (aa); and (ii) which shall include-- (I) the energy consumption patterns of the eligible entity; and (II) the steps taken by the eligible entity, or the steps that the eligible entity will take, to achieve a goal of net-zero carbon emissions with respect to the communications infrastructure, and communications networks, provided, operated, or owned by the eligible entity. (2) Covered resiliency project.--An eligible entity to which funding is made available under the Program with respect to a covered resiliency project shall, to the extent applicable-- (A) beginning not later than 60 days after the date on which the eligible entity receives the funding, register and participate in the Disaster Information Reporting System operated by the Commission, including by subsequently reporting, during times of emergency, the operational status of communications infrastructure operated by the eligible entity; (B) not later than 1 year after the date on which the eligible entity receives the funding, and annually thereafter until the completion of the covered resiliency project, submit to the Commission a report that, to the extent applicable, contains, with respect to communications infrastructure provided, operated, or owned by the eligible entity-- (i) the number, duration, and frequency of communications network outages experienced as a result of an outage with respect to, or other failure of, that infrastructure within a certain time period, as determined by the Commission; (ii) the specific cause of each communications network outage described in clause (i); (iii) the number of consumers affected by each communications network outage described in clause (i); (iv) the extent to which first responders were affected by each communications network outage described in clause (i); (v) the total number of communications network outages annually experienced with respect to that infrastructure that are attributable to severe weather, natural disasters, and climate change-related events and the number of consumers affected by those outages; (vi) the extent of any reduction of communications network performance caused by a communications network outage with respect to that infrastructure; (vii) the amount of time between the start of each communications network outage with respect to that infrastructure and detection of the outage; (viii) the amount of time between the detection of each communications network outage with respect to that infrastructure and the initiation of any response to mitigate the effects of the outage; (ix) the amount of time required to fully restore services after a communications network outage with respect to that infrastructure; and (x) any other information that the Commission determines is necessary to achieve the objectives described in section 4(a)(2); and (C) complete a communications resiliency review-- (i) the components of which shall be established by the Commission, in consultation with the Assistant Secretary-- (I) through rulemaking under section 553 of title 5, United States Code; and (II) after developing a process, in consultation with eligible entities, for-- (aa) identifying proprietary and confidential information contained in such a review; and (bb) handling and protecting information described in item (aa); and (ii) which shall include, to the extent applicable-- (I) the analysis of the eligible entity with respect to the vulnerabilities of communications infrastructure provided, operated, or owned by the eligible entity with respect to severe weather, natural disasters, and climate change-related events; (II) a description of steps taken by the eligible entity, or steps that the eligible entity will take, to address the vulnerabilities described in subclause (I); and (III) the number of projected potential users of the communications network or communications infrastructure provided, operated, or owned by the eligible entity that may be affected by the vulnerabilities described in subclause (I). (e) Consultation With Relevant Agencies.--In establishing and carrying out the Program, the Assistant Secretary may consult and coordinate, as needed, with the Commission, the Secretary of Commerce, the Secretary of Energy, the Administrator of the Environmental Protection Agency, the Administrator of the Federal Emergency Management Agency, and the head of any other Federal agency with relevant subject matter expertise. (f) Authorization of Appropriations; Minimum Expenditures.-- (1) In general.--There are authorized to be appropriated to the Assistant Secretary $5,000,000,000 to carry out the Program, which shall remain available until expended. (2) Minimum expenditures; administrative costs.--Of the amounts made available to carry out the Program, the Assistant Secretary shall-- (A) use not less than 25 percent to provide assistance to eligible entities to carry out covered efficiency projects; (B) use not less than 25 percent to provide assistance to eligible entities to carry out covered resiliency projects; and (C) set aside not more than 2 percent to cover costs relating to administration, research, training, and staff, including-- (i) the detailing of employees from other Federal agencies; and (ii) the appointment of experts in the fields of infrastructure resiliency, climate science, clean energy, and energy efficiency. SEC. 4. REGULATORY FRAMEWORK. (a) Communications Network Resiliency Framework.-- (1) Establishment.--The Commission, in consultation with the Assistant Secretary, the Administrator of the Federal Emergency Management Agency, and the Director of the National Institute of Standards and Technology, shall issue rules under section 553 of title 5, United States Code, to establish a communications network resiliency framework to promote resiliency with respect to communications networks and communications infrastructure. (2) Objectives.--The objectives of the framework established under paragraph (1) shall be the following: (A) To minimize the number of communications network outages. (B) To minimize the length of communications network outages. (C) To minimize the number of consumers affected by communications network outages. (D) To mitigate the reduction in communications network performance caused by communications network outages. (E) To encourage the adoption of equipment, policies, and procedures to prepare for communications network outages. (F) To promote the detection of, and response to, communications network outages in a timely manner. (G) To anticipate and prepare for long-term disruptions to communications networks that are caused by severe weather, natural disasters, or climate change. (H) To support and address the communications needs of first responders involved in detecting, managing, and responding to-- (i) severe weather events, natural disasters, and climate change-related events; and (ii) communications network outages caused by the events described in clause (i). (3) Commission discretion.--In carrying out this subsection, the Commission may, after providing public notice and an opportunity to comment, establish minimum performance criteria or target goals with respect to the resiliency of communications networks and communications infrastructure. (b) Agency Responsibilities.-- (1) FCC responsibilities.-- (A) Resiliency mapping feasibility report.-- (i) In general.--The Commission shall-- (I) in consultation with the Assistant Secretary and the Administrators of the National Oceanic and Atmospheric Administration, the Environmental Protection Agency, and the Federal Emergency Management Agency, complete a study (and submit to Congress a report regarding) the feasibility of establishing and maintaining a map that shows projected risks to communications infrastructure as a result of events relating to severe weather, natural disasters, and climate change; and (II) include in the report required under subclause (I) recommendations regarding-- (aa) which Federal agency, or combination of Federal agencies, is best equipped to conduct the mapping described in that subclause; (bb) how the mapping described in that subclause could-- (AA) incorporate the information obtained from eligible entities under the program carried out under section 3; and (BB) be coordinated with, and connected to, other broadband mapping efforts of the Commission; and (cc) how to protect and secure any sensitive information relating to, or stemming from, the mapping described in that subclause. (ii) Authorization of appropriations.-- There are authorized to be appropriated to the Commission such sums as may be necessary to carry out clause (i). (B) Technical assistance.-- (i) In general.--The Commission, in consultation with the Assistant Secretary, shall provide technical assistance and resources to-- (I) any public or private domestic entity seeking to understand, with respect to a communications network (or communications infrastructure) provided, operated, or owned by that entity, the vulnerability or susceptibility of the network or infrastructure with respect to severe weather, natural disasters, or climate change; and (II) any State or local government seeking to understand the vulnerability or susceptibility with respect to severe weather, natural disasters, or climate change of a communications network that-- (aa) is located within the jurisdiction of that government; and (bb) is not operated by that government. (ii) Scope of assistance.--In providing the technical assistance under clause (i), the Commission shall only provide technical assistance and resources related to mitigating vulnerabilities in a communications network (or communications infrastructure) and is not required to provide technical assistance or resources on separate matters related to climate change. (C) NORS.--After providing public notice and an opportunity to comment, the Commission shall update the Network Outage Reporting System to include a broadband network outage as a required reporting incident. (2) NTIA responsibilities.-- (A) Energy and efficiency best practices.-- (i) In general.--The Assistant Secretary, in consultation with other Federal agencies (including the Commission, the Department of Energy, the Environmental Protection Agency, and the Federal Energy Regulatory Commission), and after obtaining input from communications service providers and other interested members of the public, shall make available on a publicly available website a list of best practices for public and private partners to operate energy efficient and carbon-neutral communications infrastructure. (ii) Contents.--The list of best practices described in clause (i) may include-- (I) suggested technical standards for improving energy efficiency with respect to the use and transmission of electronic data, including the implementation of more efficient compression and transmission algorithms and signal types; (II) renewable energy sourcing guidelines; and (III) guidelines for internet service providers to report to consumers the energy consumption of those consumers alongside the data use of those consumers. (B) Reporting.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Assistant Secretary, in consultation with the Commission, the Administrator of the Federal Emergency Management Agency, and the Administrator of the Environmental Protection Agency, and after providing public notice and an opportunity to comment, shall submit to Congress, and make available on a publicly available website, a report that, at a minimum-- (i) contains data demonstrating, for the year covered by the report and the year preceding the year covered by the report-- (I) the number of communications network outages that are attributable to severe weather, natural disasters, and climate change-related events (and the number of consumers affected by those communications network outages); (II) any shifts in the energy consumption patterns of communications networks and communications infrastructure; and (III) any reduction in greenhouse gas emissions from communications networks and communications infrastructure; and (ii) provides the most up-to-date projected risks to communications infrastructure because of severe weather, natural disasters, and climate change-related events. (3) Department of energy.--Not later than 1 year after the date of enactment of this Act, the Secretary of Energy, in consultation with the Administrator of the Energy Information Administration, the Administrator of the Environmental Protection Agency, and the Federal Energy Regulatory Commission, shall submit to Congress a report that-- (A) indicates the projected growth of electrical consumption by data centers in the United States; and (B) includes recommendations for implementing energy efficiency standards for data centers that would-- (i) limit the growth described in subparagraph (A) to the greatest extent practicable without-- (I) reducing the rate of broadband adoption and usage in the United States; or (II) limiting the development of new and improved technologies or services; and (ii) encourage the rapid adoption of renewable energy sources. <all>

GREEN Communications Act

To require the Assistant Secretary of Commerce for Communications and Information to carry out a grant and revolving loan program to provide funding for projects to increase the resiliency and energy efficiency of communications networks, and for other purposes.

GREEN Communications Act Generating Resilient and Energy Efficient Network Communications Act

Rep. Clarke, Yvette D.

D

NY

S.3990

Finance and Financial Sector

Insider Trading Prohibition Act This bill generally provides statutory authority for the prohibition against securities trading, as well as related communications to others, by a person who has access to material, nonpublic information and is aware or recklessly disregards that the information is material and nonpublic. Further, that person must either be aware or recklessly disregards that the information has been obtained wrongfully or that the trading would be wrongful. The bill also provides, for purposes of establishing a violation of this prohibition, that it is not necessary for such a person to know specifically how such information was obtained or whether a personal benefit was paid or promised.

To amend the Securities Exchange Act of 1934 to prohibit certain securities trading and related communications by those who possess material, nonpublic information, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Insider Trading Prohibition Act''. SEC. 2. PROHIBITION ON INSIDER TRADING. (a) In General.--The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by inserting after section 16 (15 U.S.C. 78p) the following: ``SEC. 16A. PROHIBITION ON INSIDER TRADING. ``(a) Prohibition Against Trading Securities While Aware of Material, Nonpublic Information.--It shall be unlawful for any person, directly or indirectly, to purchase, sell, or enter into, or cause the purchase or sale of, or entry into, any security, security-based swap, or security-based swap agreement if that person, at the time the person takes such an action-- ``(1) has access to information relating to such security, security-based swap, or security-based swap agreement that is material and nonpublic and is aware (including if the person consciously avoids being aware), or recklessly disregards, that such information is material and nonpublic; and ``(2) is aware (including if the person consciously avoids being aware), or recklessly disregards, that-- ``(A) the information described in paragraph (1) has been obtained wrongfully; or ``(B) the purchase, sale, or entry would constitute wrongful trading on the information described in paragraph (1). ``(b) Prohibition Against the Wrongful Communication of Certain Material, Nonpublic Information.--It shall be unlawful for any person, the purchase or sale of a security or security-based swap (or entry into a security-based swap agreement) by which would violate subsection (a), to wrongfully communicate material, nonpublic information relating to that security, security-based swap, or security-based swap agreement to any other person, if-- ``(1) the person communicating the information, at the time the person communicates the information, is aware (including if the person consciously avoids being aware), or recklessly disregards, that such communication would result in such a purchase, sale, or entry; and ``(2) any recipient of the wrongfully communicated information purchases, sells, or causes the purchase or sale of any security or security-based swap, or enters into (or causes the entry into) any security-based swap agreement, based on that communication. ``(c) Standard and Knowledge Requirement.-- ``(1) Standard.--For purposes of this section, trading while aware of material, nonpublic information under subsection (a), or communicating material, nonpublic information under subsection (b), is wrongful only if the information has been obtained by, or the communication or trading on the information would constitute, directly or indirectly-- ``(A) theft, conversion, bribery, misrepresentation, espionage (through electronic or other means), or other unauthorized access of the information; ``(B) a violation of any Federal law protecting-- ``(i) computer data; or ``(ii) the intellectual property or privacy of computer users; ``(C) misappropriation from a source of the information; or ``(D) a breach of any fiduciary duty to shareholders of an issuer for a direct or indirect personal benefit, including-- ``(i) an existing or future pecuniary gain or reputational benefit; or ``(ii) a gift of confidential information to a relative or friend. ``(2) Knowledge requirement.--It shall not be necessary that a person trading while aware of information in violation of subsection (a), or making a communication in violation of subsection (b), knows the specific means by which the information was obtained or communicated or traded on, or the specific benefit described in paragraph (1)(D) that was received, paid, or promised by or to any person in the chain of communication, if the person trading while aware of the information or making the communication, as applicable, at the time the person makes the trade or communicates the information, is aware (including if the person consciously avoids being aware), or recklessly disregards, that the information was wrongfully obtained, wrongfully traded on, or wrongfully communicated. ``(d) Affirmative Defenses.-- ``(1) In general.--The Commission may, by rule or by order, exempt any person, security, or transaction, or any class of persons, securities, or transactions, from any or all of the provisions of this section, upon such terms and conditions as the Commission considers necessary or appropriate in furtherance of the purposes of this title. ``(2) Rule 10b5-1 compliant transactions.--The prohibitions of this section shall not apply to any transaction that satisfies the requirements of section 240.10b5-1 of title 17, Code of Federal Regulations, or any successor regulation. ``(e) Rule of Construction.--The rights and remedies provided by this section shall be in addition to any and all other rights and remedies that may exist at law or in equity (without regard to whether such a right or remedy is provided under this Act) with respect to an action by a person to-- ``(1) purchase, sell, or enter into a security, security- based swap, or security-based swap agreement while aware of material, nonpublic information; or ``(2) communicate material, nonpublic information relating to a security, security-based swap, or security-based swap agreement.''. (b) Conforming Amendments.--The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended-- (1) in section 3(a)(78)(A) (15 U.S.C. 78c(a)(78)(A)), by inserting ``16A,'' after ``16,''; (2) in section 21(d)(2) (15 U.S.C. 78u(d)(2)), by striking ``or the rules or regulations thereunder'' and inserting ``, section 16A of this title, or the rules or regulations under either such section''; (3) in section 21A (15 U.S.C. 78u-1)-- (A) in subsection (g)(1), by striking ``section 10(b) and Rule 10b-5 thereunder'' and inserting ``section 10(b), Rule 10b-5 thereunder, and section 16A''; and (B) in subsection (h)(1), by striking ``section 10(b), and Rule 10b-5 thereunder'' and inserting ``section 10(b), Rule 10b-5 thereunder, and section 16A''; and (4) in section 21C(f) (15 U.S.C. 78u-3(f)), by striking ``or the rules or regulations thereunder'' and inserting ``, section 16A, or the rules or regulations under either such section''. <all>

Insider Trading Prohibition Act

A bill to amend the Securities Exchange Act of 1934 to prohibit certain securities trading and related communications by those who possess material, nonpublic information, and for other purposes.

Insider Trading Prohibition Act

Sen. Reed, Jack

D

RI

S.3353

Energy

Domestic Energy Crisis Relief Act This bill sets forth provisions to increase the development of energy, including by (1) directing the Department of the Interior to conduct certain lease sales of federal lands and waters for the development of oil and gas, (2) authorizing the TransCanada Keystone Pipeline, (3) limiting delays on federal oil and gas leases; and (4) increasing the amount of revenue generated from oil and gas leases that is shared with certain states and coastal communities.

To provide solutions to the United States energy crisis, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Energy Crisis Relief Act''. SEC. 2. SENSE OF THE SENATE RELATING TO LOWERING ENERGY PRICES FOR AMERICAN FAMILIES. It is the sense of the Senate that the Federal Government should implement policies to lower energy prices for American families and to ensure the resiliency and energy independence of the United States by revising the regulatory agenda and legislative priorities of the Biden Administration that relate to domestic oil and gas development, such as by-- (1) supporting the development of additional oil and gas pipelines to the United States, such as the Keystone XL Pipeline; (2) following Federal law and the intent of Congress by imposing sanctions on Nord Stream 2 AG and all individuals and entities involved in the planning, construction, or operation of the Nord Stream 2 Pipeline; (3) withdrawing from the Paris Climate Agreement; (4) complying with the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.); and (5) revising section 208 of Executive Order 14008 (86 Fed. Reg. 7624 (February 1, 2021); relating to tackling the climate crisis at home and abroad) to allow oil and gas leases in the Gulf of Mexico and other offshore and onshore Federal areas. SEC. 3. OIL AND GAS LEASING. (a) In General.--The Secretary of the Interior shall immediately resume oil and gas lease sales on Federal land in compliance with the Mineral Leasing Act (30 U.S.C. 181 et seq.). (b) Prohibition.--The President shall not, through Executive order or any other administrative procedure, pause, cancel, delay, defer, or otherwise impede or circumvent the Federal energy mineral leasing processes under the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) or a related rulemaking process required by subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ``Administrative Procedure Act''), without Congressional approval. SEC. 4. AUTHORIZATION OF KEYSTONE PIPELINE. (a) In General.--TransCanada Keystone Pipeline, L.P. may construct, connect, operate, and maintain pipeline facilities at the international border of the United States and Canada in Phillips County, Montana, for the import of oil from Canada to the United States as described in the Presidential Permit of March 29, 2019 (84 Fed. Reg. 13101 (April 3, 2019)). (b) No Presidential Permit Required.--No Presidential permit (or similar permit) under any Executive order shall be required for the construction, connection, operation, or maintenance of the pipeline facilities described in subsection (a). SEC. 5. FEDERAL SHARE OF CERTAIN OIL AND GAS PROJECTS. (a) Definition of Covered Project.--In this section, the term ``covered project'' means a project to conduct oil and gas resource assessments on Federal land with significant oil and gas potential. (b) Federal Share.--With respect to a covered project carried out jointly by a State and the Secretary of the Interior, the Federal share of the cost of the covered project shall be not less than 50 percent. SEC. 6. USE OF UNITED STATES WORKERS AND EQUIPMENT MANUFACTURED IN THE UNITED STATES. When practicable, the Secretary of the Interior shall encourage the use of United States workers and equipment manufactured in the United States in all construction activities carried out by the Secretary relating to mineral resource development. SEC. 7. REPORT ON INTERNATIONAL REGULATION OF ENERGY COMMODITY FUTURES AND DERIVATIVES. (a) In General.--The Commodity Futures Trading Commission shall conduct a study on the international regime for regulating trading in energy commodity futures and derivatives. (b) Analysis.--The study conducted under subsection (a) shall include an analysis of, at a minimum-- (1) key common features and differences among countries in the regulation of energy commodity trading, including with respect to market oversight and enforcement; (2) agreements and practices for sharing market and trading data; (3) the use of position limits or thresholds to detect and prevent price manipulation, excessive speculation described in section 4a(a) of the Commodity Exchange Act (7 U.S.C. 6a(a)), or other unfair trading practices; (4) practices regarding the identification of commercial and noncommercial trading and the extent of market speculation; and (5) agreements and practices for facilitating international cooperation on market oversight, compliance, and enforcement. (c) Report.--Not later than 120 days after the date of enactment of this Act, the Commodity Futures Trading Commission shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report that-- (1) describes the results of the study conducted under that subsection; and (2) provides recommendations to improve openness, transparency, and other necessary elements of a properly functioning market. SEC. 8. REPORTING AND RECORDKEEPING. (a) In General.--Section 4g of the Commodity Exchange Act (7 U.S.C. 6g) is amended by adding at the end the following: ``(g) Index Traders and Swap Dealers.--The Commission shall-- ``(1) not later than 180 days after the date of enactment of this subsection, issue a proposed rule regarding routine reporting requirements for index traders (as defined by the Commission) and swap dealers in energy and agricultural transactions (as defined by the Commission) within the jurisdiction of the Commission; ``(2) not later than 270 days after the date of enactment of this subsection, issue a final rule regarding the reporting requirements described in paragraph (1); and ``(3) subject to section 8, disaggregate and make publicly available monthly information on the positions and value of index funds and other passive, long-only positions in the energy and agricultural futures markets (as defined by the Commission).''. (b) Report.--Not later than 90 days after the date of enactment of this Act, the Commodity Futures Trading Commission shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing-- (1) the scope of commodity index trading in the futures markets; (2) whether classification of index traders and swap dealers in the futures markets can be improved for regulatory and reporting purposes; and (3) whether, based on a review of the trading practices for index traders in the futures markets-- (A) index trading activity is adversely impacting the price discovery process in the futures markets; and (B) different practices and controls should be required. SEC. 9. HIRING OF EMPLOYEES FOR IMPROVED OVERSIGHT AND ENFORCEMENT. As soon as practicable after the date of enactment of this Act, the Commodity Futures Trading Commission shall hire not fewer than 50 additional full-time employees-- (1) to increase the public transparency of operations in energy futures markets; (2) to improve enforcement in those markets; and (3) to carry out such other duties as the Commission determines to be appropriate. SEC. 10. GULF OF MEXICO OUTER CONTINENTAL SHELF REVENUES. (a) Definition of Qualified Outer Continental Shelf Revenues.-- Section 102(9)(A) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended-- (1) in clause (i)(II), by striking ``and'' after the semicolon; (2) in clause (ii)-- (A) in the matter preceding subclause (I), by striking ``fiscal year 2017 and each fiscal year thereafter'' and inserting ``each of fiscal years 2017 through 2021''; and (B) in subclause (III), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(iii) in the case of fiscal year 2022 and each fiscal year thereafter, all rentals, royalties, bonus bids, and other sums due and payable to the United States received on or after October 1, 2021, from leases entered into on or after October 1, 2000, for-- ``(I) the 181 Area; ``(II) the 181 South Area; and ``(III) the 2002-2007 planning area.''. (b) Disposition of Qualified Outer Continental Shelf Revenues.-- (1) In general.--Section 105(a) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended-- (A) in paragraph (1), by striking ``50'' and inserting ``37.5''; and (B) in paragraph (2)-- (i) in the matter preceding subparagraph (A), by striking ``50'' and inserting ``62.5''; (ii) in subparagraph (A), by striking ``75'' and inserting ``80''; and (iii) in subparagraph (B), by striking ``25'' and inserting ``20''. (2) Limitations on amount of distributed qualified outer continental shelf revenues.--Section 105(f) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended-- (A) in paragraph (1)-- (i) in subparagraph (A), by adding ``and'' after the semicolon; (ii) in subparagraph (B), by striking ``; and'' and inserting a period; and (iii) by striking subparagraph (C); and (B) in paragraph (2), by striking ``2055'' and inserting ``2021''. (c) Exemption of Certain Payments From Sequestration.-- (1) In general.--Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is amended by inserting after ``Payments to Social Security Trust Funds (28-0404-0-1-651).'' the following: ``Payments to States pursuant to section 105(a)(2)(A) of the Gulf of Mexico Energy Security Act of 2006 (Public Law 109-432; 43 U.S.C. 1331 note) (014- 5535-0-2-302).''. (2) Applicability.--The amendment made by this subsection shall apply to any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) on or after the date of enactment of this Act. <all>

Domestic Energy Crisis Relief Act

A bill to provide solutions to the United States energy crisis, and for other purposes.

Domestic Energy Crisis Relief Act

Sen. Hyde-Smith, Cindy

R

MS

H.R.1270

Finance and Financial Sector

Prohibit Auto Insurance Discrimination Act or the PAID Act This bill prohibits an automobile insurer from considering specified factors when determining a consumer's insurance rates or eligibility. These prohibited factors include Automobile insurers must make underwriting rules and rate filings available to the public. The Federal Trade Commission may enforce a violation of these requirements as an unfair or deceptive act or practice.

To prohibit private passenger automobile insurers from using certain income proxies to determine insurance rates and eligibility. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Prohibit Auto Insurance Discrimination Act'' or the ``PAID Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Private passenger automobile insurance companies are institutions which help spread risk of loss over a collective group of policyholders. (2) Private passenger automobile insurance is mandated in all States but New Hampshire. Legal penalties for operating a vehicle without liability insurance in these States range from fines, to license suspensions or revocations, to imprisonment. (3) The private passenger automobile insurance industry uses different variables to predict the overall costs and risks of drivers. The analysis and use of these variables ultimately help the automobile insurer set premium rates charged to consumers which the automobile insurer determines to be actuarially supported. (4) A pure loss ratio, a measurement of profitability in insurance, is defined as losses divided by premiums. Statistical correlations between certain variables and pure loss ratios should be interpreted to mean that the selected variable relates to profitability, but not necessarily to the risk that an individual will get into an automobile accident. (5) A growing trend in the private passenger automobile insurance industry is to use income proxies for underwriting and rating. The use of income proxies such as a driver's education level, occupation, employment status, home ownership status, credit score, consumer report, previous insurer, and prior purchase of insurance by the industry as variables that significantly influence the insurance premiums charged to drivers has become commonplace. Use of these income proxies in this fashion results in higher rates being charged to lower income drivers while lower rates are being charged to the more affluent driver. (6) The American public is largely unaware that a person's education level, occupation, employment status, home ownership status, credit score, consumer report, zip code, census tract, previous insurer, and prior purchase of insurance may be significant factors used to determine eligibility for preferred auto insurance rates regardless of the person's driving history. As a result of the individual's ineligibility for preferred rates, the driver's policy and rate will be only offered from an affiliate company that has higher rates. SEC. 3. REQUIREMENTS FOR PRIVATE PASSENGER AUTOMOBILE INSURERS. (a) Use of Certain Factors and Income Proxies Prohibited.--It shall be unlawful for a private passenger automobile insurer, or any of its affiliate insurers, to take into consideration any of the factors described in subsection (b) relating to a consumer in determining that consumer's eligibility for automobile insurance or in calculating the rate for that consumer. (b) Factors.--The factors referred to in subsection (a) are-- (1) gender; (2) level of education; (3) occupation; (4) employment status; (5) home ownership status; (6) zip code or adjacent zip codes; (7) census tract; (8) marital status; (9) credit score or credit-based insurance score; (10) consumer report; (11) previous insurer; or (12) prior purchase of insurance of a consumer from that automobile insurer. (c) Public Availability of Information.--All underwriting rules and rate filings for use by any private passenger automobile insurer shall be available for public inspection and may not be considered proprietary trade secret information. (d) Reasonable Procedures To Assure Compliance.--No person shall be held liable for any violation of this Act if the person shows by a preponderance of the evidence that at the time of the alleged violation the person maintained reasonable procedures to assure compliance with the provisions of this Act. (e) Rules of Construction.-- (1) Factors and methods influencing premiums.--For the purposes of this Act, a violation of subsection (a) shall be considered to have occurred whenever the consideration of any of the factors described in subsection (b) prevents the consumer from obtaining insurance at the lowest rate available to the consumer from a private passenger automobile insurer or any of its affiliates. Actions considered a violation of such subsection include the usage or consideration of any such factor resulting in-- (A) the determination of a consumer's eligibility for automobile insurance or the calculation of the rate for that consumer; (B) an action which prevents a consumer from receiving certain rebates or discounts; (C) an action which prevents a consumer from obtaining insurance from an automobile insurer or any of its affiliate companies; (D) a denial, cancellation, non-renewal, or change in policy or coverage terms; or (E) any other impact on a consumer's premium for insurance. (2) Authority of federal and state agencies.--Nothing in this Act is intended to affect the authority of any Federal or State agency to enforce a prohibition against unfair or deceptive acts or practices, including the making of false or misleading statements in connection with a credit or insurance transaction that is not initiated by the consumer. SEC. 4. ENFORCEMENT. (a) Enforcement by Federal Trade Commission.-- (1) Unfair or deceptive acts or practices.--A violation of this Act shall be treated as an unfair and deceptive act or practice proscribed under section 5 of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Powers of commission.--The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (3) Amount of penalty.--Notwithstanding the penalties set forth in section 5 of such Act, a person who violates this Act shall be liable for a civil penalty of not less than $2,500 per violation. (4) Regulations.--The Federal Trade Commission shall prescribe, in accordance with section 553 of title 5, United States Code, such regulations as are necessary to carry out the purposes of this Act, including regulations as may be necessary or appropriate to administer and carry out the purposes and objectives of this Act, and to prevent evasions thereof or to facilitate compliance therewith. (b) Actions by Consumers.-- (1) Willful violations.--Any private passenger automobile insurer who willfully violates this Act with respect to any consumer is liable to that consumer in an amount equal to the sum of-- (A) any actual damages sustained by the consumer as a result of the failure; (B) such amount of punitive damages as the court may allow; and (C) in the case of any successful action to enforce any liability under this paragraph, the costs of the action together with reasonable attorneys' fees as determined by the court. (2) Negligent violations.--Any private passenger automobile insurer who is negligent in failing to comply with any requirement imposed under this Act with respect to any consumer is liable to that consumer in an amount equal to the sum of-- (A) any actual damages sustained by the consumer as a result of the failure; and (B) in the case of any successful action to enforce any liability under this paragraph, the costs of the action together with reasonable attorneys' fees as determined by the court. (3) Attorneys' fees.--Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this subsection was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper. (4) Jurisdiction of courts; limitation of actions.--An action to enforce any liability created under this subsection may be brought in any appropriate United States district court, without regard to the amount in controversy, or in any other court of competent jurisdiction, not later than the earlier of-- (A) 2 years after the date of discovery by the plaintiff of the violation that is the basis for such liability; or (B) 5 years after the date on which the violation that is the basis for such liability occurs. (c) Actions by States.-- (1) In general.--In any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of such State has been or is threatened or adversely affected by an act or practice in violation of this Act, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate State court or an appropriate district court of the United States to-- (A) enjoin such act or practice; (B) enforce compliance with this Act; (C) obtain damages, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other legal and equitable relief as the court may consider to be appropriate. (2) Notice.--Before filing an action under this subsection, the attorney general, official, or agency of the State involved shall provide to the Federal Trade Commission a written notice of such action and a copy of the complaint for such action. If the attorney general, official, or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action, the attorney general, official, or agency shall provide written notice of the action and a copy of the complaint to the Federal Trade Commission immediately upon the filing of the action. (3) Authority of federal trade commission.--On receiving notice under paragraph (2) of an action under this subsection, the Federal Trade Commission shall have the right-- (A) to intervene in the action; (B) upon so intervening, to be heard on all matters arising therein; and (C) to file petitions for appeal. (4) Rule of construction.--For purposes of bringing a civil action under this subsection, nothing in this Act shall be construed to prevent an attorney general, official, or agency of a State from exercising the powers conferred on the attorney general, official, or agency by the laws of such State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence. SEC. 5. RELATION TO STATE LAW. This Act does not annul, alter, affect, or exempt any person subject to the provisions of this Act from complying with the laws of any State with respect to the collection, distribution, or use of any information on consumers, the prevention or mitigation of identity theft, or the regulation of the business of insurance, except to the extent that those laws are inconsistent with any provision of this Act, and then only to the extent of the inconsistency. SEC. 6. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Affiliate.--The term ``affiliate'' means an entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with another entity. For purposes of this paragraph, the term ``control'' means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of the entity, whether-- (A) through the ownership of voting securities; (B) by contract other than a commercial contract for goods or non-management services; (C) by contract for goods or non-management services where the volume of activity results in a reliance relationship; or (D) by common management. Control shall be presumed to exist if an entity and its affiliates directly or indirectly own, control, hold with the power to vote, or hold proxies representing 10 percent or more of the voting interests of an entity. (2) Automobile insurer.--The term ``automobile insurer'' means an insurer authorized to transact or transacting automobile insurance, motor vehicle insurance, automobile or motor vehicle liability insurance, or any similar insurance business in the United States. (3) Census tract.--The term ``census tract'' means any small, relatively permanent statistical subdivision of a county, as used by the United States Census Bureau. (4) Consumer report.--The term ``consumer report'' has the meaning given such term in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a), except that such term does not include any communication to the extent such communication relates to the driving history or place of residence of a consumer. (5) Credit-based insurance score.--The term ``credit-based insurance score'' means a rating based in whole or in part on a consumer's credit information used in underwriting and rating of consumers that takes into account certain elements of an individual's credit history to predict how likely such individual is to have an insurance loss. (6) Credit score.--The term ``credit score'' has the meaning given such term in section 609(f)(2) of the Fair Credit Reporting Act (15 U.S.C. 1681g(f)(2)). (7) Employment status.--The term ``employment status'' means a consumer's status as a current full-time employee, part-time employee, employed, unemployed, underemployed, or any other such designation which indicates a consumer's work status. (8) Home ownership status.--The term ``home ownership status'' refers to whether a consumer currently owns any real property which may be used as a residence. (9) Level of education.--The term ``level of education'' refers to the highest grade level completed in a secondary school or trade school, a professional licensure or certification, or the highest undergraduate or graduate college degree obtained. Such term does not include the completion of a traffic safety course or scholastic achievement while enrolled in a school, college, or university. (10) Occupation.--The term ``occupation'' means a consumer's current lawful employment position in a career or identifiable trade category. (11) Private passenger automobile.--The term ``private passenger automobile'' means a 4-wheel motor vehicle, whether owned or leased to an individual or individuals, and that is of a private passenger or station wagon type, or that is a motor vehicle with a pickup body, a delivery sedan, a passenger van, a sports utility vehicle, or a panel truck or a camper type vehicle, and that-- (A) is not used as a public or livery conveyance for passengers; (B) is not rented to others; (C) has a gross vehicle weight of less than 15,000 pounds; and (D) is not primarily used in the course of an occupation, profession, or business of a person other than farming or ranching. Such term includes a motor vehicle owned by a farm family co- partnership or farm family corporation, which is principally garaged on a farm or ranch and otherwise meets the definition contained in this paragraph. SEC. 7. EFFECTIVE DATE. This Act shall take effect 1 year after the date of enactment of this Act. <all>

PAID Act

To prohibit private passenger automobile insurers from using certain income proxies to determine insurance rates and eligibility.

PAID Act Prohibit Auto Insurance Discrimination Act

Rep. Watson Coleman, Bonnie

D

NJ

H.R.3752

Commerce

Pandemic Effects on Home Safety and Tourism Act This bill requires studies and reports about the effects of COVID-19 (i.e., coronavirus disease 2019) with respect to tourism and consumer product safety. Specifically, the Consumer Product Safety Commission must report, and make available to the public, information about injuries and deaths from consumer products during the COVID-19 public health emergency. The report must be submitted every three months for the duration of the emergency. Additionally, the Department of Commerce, in consultation with appropriate stakeholders, must study and report about the effects of the pandemic on the travel and tourism industry. Commerce must consider metrics including changes in employment rate, sales, and business revenue, and it must provide the opportunity for public comment. An interim study and report must be submitted not later than three months after the enactment of this bill.

To require the Consumer Product Safety Commission to study the effect of the COVID-19 pandemic on injuries and deaths associated with consumer products and to direct the Secretary of Commerce to study and report on the effects of the COVID-19 pandemic on the travel and tourism industry in the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Pandemic Effects on Home Safety and Tourism Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--COVID-19 HOME SAFETY Sec. 101. Short title. Sec. 102. Study and report on the effect of the COVID-19 public health emergency on injuries and deaths from consumer products. TITLE II--PROTECTING TOURISM IN THE UNITED STATES Sec. 201. Short title. Sec. 202. Study and report on effects of COVID-19 pandemic on travel and tourism industry in United States. TITLE I--COVID-19 HOME SAFETY SEC. 101. SHORT TITLE. This title may be cited as the ``COVID-19 Home Safety Act''. SEC. 102. STUDY AND REPORT ON THE EFFECT OF THE COVID-19 PUBLIC HEALTH EMERGENCY ON INJURIES AND DEATHS FROM CONSUMER PRODUCTS. (a) COVID-19 Report Required.--Not later than 3 months after the date of enactment of this section and every 3 months thereafter for the duration of the COVID-19 public health emergency, the Consumer Product Safety Commission 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, and make publicly available, a report on the effect of the COVID-19 public health emergency on injuries and deaths from consumer products. (b) Contents of Report.--The report shall include the following: (1) Relevant data and statistics from-- (A) the data sources of the Commission; (B) other appropriate agencies; (C) media reports; (D) poison control centers, to the extent practical; and (E) any other relevant data sources. (2) An identification of trends in injuries and deaths from consumer products, comparing data from representative time periods before and during the COVID-19 public health emergency. (3) An identification of subpopulations that have experienced elevated risk of injury or death from consumer products during the COVID-19 public health emergency, such as minorities, infants, people with disabilities, children, or the elderly. (4) An identification of where most injuries or deaths from consumer products during the COVID-19 public health emergency are taking place, such as the type of building or outdoor environment. (5) A specification about whether consumer products associated with a substantial number of injuries or deaths during the COVID-19 public health emergency are-- (A) under recall; (B) subject to a voluntary consumer product safety standard; or (C) subject to a mandatory consumer product safety standard. (6) An identification of emerging consumer products that are posing new risks to consumers. (c) COVID-19 Public Health Emergency Defined.--The term ``COVID-19 public health emergency'' means a public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) as a result of confirmed cases of 2019 novel coronavirus (COVID- 19), including any renewal thereof. TITLE II--PROTECTING TOURISM IN THE UNITED STATES SEC. 201. SHORT TITLE. This title may be cited as the ``Protecting Tourism in the United States Act''. SEC. 202. STUDY AND REPORT ON EFFECTS OF COVID-19 PANDEMIC ON TRAVEL AND TOURISM INDUSTRY IN UNITED STATES. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the United States Travel and Tourism Advisory Board and the head of any other Federal agency the Secretary considers appropriate, shall complete a study on the effects of the COVID-19 pandemic on the travel and tourism industry, including various segments of the travel and tourism industry, such as domestic, international, leisure, business, conventions, meetings, and events. (b) Matters for Consideration.--In conducting the study required by subsection (a) and the interim study required by subsection (e)(1), the Secretary shall consider-- (1) changes in employment rates in the travel and tourism industry during the pandemic period; (2) changes in revenues of businesses in the travel and tourism industry during the pandemic period; (3) changes in employment and sales in industries related to the travel and tourism industry, and changes in contributions of the travel and tourism industry to such related industries, during the pandemic period; (4) the effects attributable to the changes described in paragraphs (1) through (3) in the travel and tourism industry and such related industries on the overall economy of the United States during the pandemic period and the projected effects of such changes on the overall economy of the United States following the pandemic period; and (5) any additional matters the Secretary considers appropriate. (c) Consultation and Public Comment.--In conducting the study required by subsection (a), the Secretary shall-- (1) consult with representatives of-- (A) the small business sector; (B) the restaurant or food service sector; (C) the hotel and alternative accommodations sector; (D) the attractions or recreations sector; (E) the travel distribution services sector; (F) destination marketing organizations; (G) State tourism offices; and (H) the passenger air, railroad, and rental car sectors; and (2) provide an opportunity for public comment and advice relevant to conducting the study. (d) Report to Congress.--Not later than 6 months after the date on which the study required by subsection (a) is completed, the Secretary, in consultation with the United States Travel and Tourism Advisory Board and the head of any other Federal agency the Secretary considers appropriate, 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, and make publicly available on the website of the Department of Commerce, a report that contains-- (1) the results of such study; and (2) policy recommendations for promoting and assisting the travel and tourism industry. (e) Interim Study and Report.--Not later than 3 months after the date of enactment of this Act, the Secretary, after consultation with relevant stakeholders, including the United States Travel and Tourism Advisory Board, shall-- (1) complete an interim study, which shall be based on data available at the time when the study is conducted and provide a framework for the study required by subsection (a), on the effects of the COVID-19 pandemic (as of such time) on the travel and tourism industry, including various segments of the travel and tourism industry, such as domestic, international, leisure, business, conventions, meetings, and events; and (2) submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, and make publicly available on the website of the Department of Commerce, an interim report that contains the results of the interim study required by paragraph (1). (f) Definitions.--In this section-- (1) the term ``pandemic period'' has the meaning given the term ``emergency period'' in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)), excluding any portion of such period after the date that is 1 year after the date of the enactment of this Act; (2) the term ``Secretary'' means the Secretary of Commerce; and (3) the term ``travel and tourism industry'' means the travel and tourism industry in the United States. Passed the House of Representatives June 23, 2021. Attest: CHERYL L. JOHNSON, Clerk.

Pandemic Effects on Home Safety and Tourism Act

To require the Consumer Product Safety Commission to study the effect of the COVID-19 pandemic on injuries and deaths associated with consumer products and to direct the Secretary of Commerce to study and report on the effects of the COVID-19 pandemic on the travel and tourism industry in the United States. To require the Consumer Product Safety Commission to study the effect of the COVID–19 pandemic on injuries and deaths associated with consumer products and to direct the Secretary of Commerce to study and report on the effects of the COVID–19 pandemic on the travel and tourism industry in the United States.

Pandemic Effects on Home Safety and Tourism Act Pandemic Effects on Home Safety and Tourism Act COVID-19 Home Safety Act Protecting Tourism in the United States Act COVID–19 Home Safety Act Protecting Tourism in the United States Act Pandemic Effects on Home Safety and Tourism Act COVID–19 Home Safety Act Protecting Tourism in the United States Act

Rep. Cárdenas, Tony

D

CA

S.489

Government Operations and Politics

Federal Employees and Retirees with Delinquent Tax Debt Initiative (FERDI) Act This bill disqualifies individuals with delinquent tax debt from federal employment and requires the Internal Revenue Service (IRS) to regularly publish a report on the tax liabilities of federal employees. Specifically, the bill disqualifies both applicants and current employees with seriously delinquent tax debt from federal employment. The bill defines seriously delinquent tax debt as a federal tax liability that has been assessed by the Department of the Treasury and that may be collected via levy or court proceeding, with specified exceptions. Agencies must provide for appropriate review of public records to determine if there are any liens against applicants or current employees, and may take certain personnel actions against employees who willfully fail to file taxes or understate their liability. The bill also directs the IRS to submit to specified congressional committees and make public online an annual report on current and retired federal civilian and military employees who have delinquent tax debt or an unfiled tax return for the most recent fiscal year. (The IRS currently investigates and reports on similar information through its Federal Employee/Retiree Delinquency Initiative, or FERDI).

To require an annual report of Federal employees and retirees with delinquent tax debt. Be it enacted by the Senate 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 Employees and Retirees with Delinquent Tax Debt Initiative (FERDI) Act''. SEC. 2. ANNUAL REPORT ON FEDERAL EMPLOYEES AND RETIREES WITH DELINQUENT TAX DEBT. (a) In General.--The Secretary of the Treasury (or the Secretary's delegate) shall submit to the relevant committees and make a public on the internet an annual report on current and retired Federal civilian and military employees who have delinquent tax debt or an unfiled tax return for the most recent fiscal year. (b) Matters Included.--The report under subsection (a) shall include-- (1) the population of individuals who are civilian employees, retired civilian employees, active duty military employees, military reserve or national guard employees, and retired military employees; (2) the number of individuals in each category listed in paragraph (1) who have delinquent tax debt (excluding those individuals who have an installment agreement) or an unfiled tax return; (3) the aggregate balance owed and the delinquency rate for each such category; and (4) the information described in paragraphs (2) and (3) broken down by Federal agency. (c) Relevant Committees.--For purposes of this section, the term ``relevant committees'' means the Committee on Finance of the Senate, the Committee on Ways and Means of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and Committee on Oversight and Reform of the House of Representatives. SEC. 3. INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL EMPLOYMENT. (a) In General.--Chapter 73 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VIII--INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL EMPLOYMENT ``Sec. 7381. Definitions ``For purposes of this subchapter-- ``(1) the term `agency' means-- ``(A) an Executive agency; ``(B) the United States Postal Service; ``(C) the Postal Regulatory Commission; and ``(D) an employing authority in the legislative branch; ``(2) the term `employee' means an employee in or under an agency, including an individual described in section 2104(b) or 2105(e); and ``(3) the term `seriously delinquent tax debt'-- ``(A) means a Federal tax liability that has been assessed by the Secretary of the Treasury under the Internal Revenue Code of 1986 and may be collected by the Secretary by levy or by a proceeding in court; and ``(B) does not include-- ``(i) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or section 7122 of such Code; ``(ii) a debt with respect to which a collection due process hearing under section 6330 of such Code, or relief under subsection (a), (b), or (f) of section 6015 of such Code, is requested or pending; ``(iii) a debt with respect to which a continuous levy has been issued under section 6331 of such Code (or, in the case of an applicant for employment, a debt with respect to which the applicant agrees to be subject to such a levy); and ``(iv) a debt with respect to which such a levy is released under section 6343(a)(1)(D) of such Code. ``Sec. 7382. Ineligibility for employment ``(a) In General.--Subject to subsection (c), an individual is ineligible to be appointed, or to continue serving, as an employee if that individual-- ``(1) has a seriously delinquent tax debt; ``(2) does not submit the certification required under subsection (b); or ``(3) does not submit an authorization form requested under section 7383(b)(1). ``(b) Disclosure Requirement.--The head of each agency shall take appropriate measures to ensure that each individual applying for employment with that agency is required to submit (as part of the application for employment) a certification that the individual does not have any seriously delinquent tax debt. ``(c) Regulations.-- ``(1) In general.--Subject to paragraph (2), the Director of the Office of Personnel Management, in consultation with the Commissioner of Internal Revenue, shall, for purposes of carrying out this section with respect to the executive branch, promulgate any regulations that the Office considers necessary. ``(2) Content.--The regulations promulgated under paragraph (1) shall provide for the following: ``(A) All applicable due process rights afforded by chapter 75 and any other provision of law shall apply with respect to a determination under this section that an applicant is ineligible to be appointed as an employee or that an employee is ineligible to continue serving as an employee. ``(B) Before any such determination is given effect with respect to an individual, the individual shall be afforded 180 days to demonstrate that the debt of the individual is a debt described in clause (i), (ii), (iii), or (iv) of section 7381(3)(B). ``(C) An employee may continue to serve, in a situation involving financial hardship, if the continued service of the employee is in the best interests of the United States, as determined on a case-by-case basis and certified as such by the head of the employing agency. ``(d) Reports to Congress.--Not later than 1 year after the date of enactment of this section, and annually thereafter, the Director of the Office of Personnel Management shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report regarding, for the year covered by the report, the number of exemptions requested and the number of exemptions granted under subsection (c)(2)(C). ``Sec. 7383. Review of public records ``(a) In General.--Each agency shall provide for such reviews of public records as the head of the agency considers appropriate to determine if a notice of lien has been filed pursuant to section 6323 of the Internal Revenue Code of 1986 with respect to an employee of, or an applicant for employment with, that agency. ``(b) Additional Requests.--If a notice of lien is discovered under subsection (a) with respect to an employee or applicant for employment, the applicable agency may-- ``(1) request that the employee or applicant execute and submit a form authorizing the Secretary of the Treasury to disclose to the head of the agency information limited to describing whether-- ``(A) the employee or applicant has a seriously delinquent tax debt; or ``(B) there is a final administrative or judicial determination that such employee or applicant committed any act described in section 7385(b); and ``(2) request that the Secretary of the Treasury disclose any information so authorized to be disclosed. ``(c) Authorization Form.--The Secretary of the Treasury shall make available to all agencies a standard form for the authorization described in subsection (b)(1). ``Sec. 7384. Confidentiality ``Neither the head nor any other employee of an agency may-- ``(1) use any information furnished under this subchapter for any purpose other than the administration of this subchapter; ``(2) make any publication through which the information furnished by or with respect to any particular individual under this subchapter can be identified; or ``(3) permit anyone who is not an employee of that agency to examine or otherwise have access to any such information. ``Sec. 7385. Adverse actions for employees who understate taxes or fail to file ``(a) In General.-- ``(1) In general.--Subject to subsection (c), the head of an agency may take any personnel action against an employee of that agency if there is a final administrative or judicial determination that the employee committed any act described in subsection (b). ``(2) Personnel actions.--In paragraph (1), the term `personnel action'-- ``(A) includes separation; and ``(B) does not include administrative leave or any other type of paid leave without duty or charge to leave. ``(b) Acts.--The acts described in this subsection are-- ``(1) willful failure to file any return of tax required under the Internal Revenue Code of 1986, unless such failure is due to reasonable cause and not to willful neglect; or ``(2) willful understatement of Federal tax liability, unless such understatement is due to reasonable cause and not to willful neglect. ``(c) Procedure.--Under regulations prescribed by the Director of the Office of Personnel Management, an employee subject to a personnel action under this section shall be entitled to the procedures provided under section 7513 or 7543, as applicable.''. (b) Clerical Amendment.--The table of subchapters for chapter 73 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VIII--INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL EMPLOYMENT ``7381. Definitions. ``7382. Ineligibility for employment. ``7383. Review of public records. ``7384. Confidentiality. ``7385. Adverse actions for employees who understate taxes or fail to file.''. (c) Effective Date.--This section, and the amendments made by this section, shall take effect on the date that is 270 days after the date of enactment of this Act. <all>

Federal Employees and Retirees with Delinquent Tax Debt Initiative (FERDI) Act

A bill to require an annual report of Federal employees and retirees with delinquent tax debt.

Federal Employees and Retirees with Delinquent Tax Debt Initiative (FERDI) Act

Sen. Braun, Mike

R

IN

H.R.3981

Social Welfare

Senior Legal Hotline Act of 2021 This bill permits the Administration on Aging to award competitive grants to certain nonprofit organizations or partnerships to establish or maintain statewide senior legal hotlines to provide free services to older individuals.

To amend the Older Americans Act of 1965 to authorize a national network of Statewide senior legal hotlines, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Legal Hotline Act of 2021''. SEC. 2. STATEWIDE SENIOR LEGAL HOTLINES. Subtitle B of title VII of the Older Americans Act of 1965 (42 U.S.C. 3058aa et seq.) is amended by adding at the end the following: ``SEC. 753. STATEWIDE SENIOR LEGAL HOTLINES. ``(a) Definitions.--In this section: ``(1) Eligible entity.-- ``(A) In general.--The term `eligible entity' means a nonprofit organization or a partnership described in subparagraph (B) that-- ``(i) provides legal assistance to older individuals at no cost to such individuals; and ``(ii)(I) operates a senior legal hotline in existence on the date on which the entity submits an application under subsection (c); or ``(II) demonstrates the capacity to provide legal assistance to older individuals through a Statewide senior legal hotline. ``(B) Partnership.--A partnership described in this subparagraph is a partnership between-- ``(i) multiple nonprofit organizations; or ``(ii) one or more nonprofit organizations with one or more State or local governments. ``(2) Senior legal hotline.--The term `senior legal hotline' means a program or partnership of programs that-- ``(A) provides legal services, such as counseling, advice, advocacy, information, referrals, and other services, as appropriate, to older individuals on a broad range of civil legal issues; ``(B) provides such services by telephone (and may provide such services by additional forms of communication), regardless of whether such services are provided 24 hours a day and 7 days a week; ``(C) provides such services at no cost to the older individuals receiving such services; ``(D) serves older individuals with the greatest social need and greatest economic need as a target population for such services; and ``(E) develops partnerships with other programs and legal assistance providers to ensure that older individuals who need more extensive services, including representation, have access to such services. ``(3) Statewide senior legal hotline.--The term `Statewide senior legal hotline' means a senior legal hotline that serves older individuals throughout a State. ``(b) Authorization.--The Assistant Secretary may award grants, on a competitive basis, to eligible entities that submit an application under subsection (c) to establish or operate a Statewide senior legal hotline in accordance with the requirements under subsection (d). ``(c) Application Process.-- ``(1) In general.--An eligible entity seeking a grant under this section shall submit to the Assistant Secretary an application at such time, in such manner, and containing such information as the Assistant Secretary may reasonably require, including the contents described in paragraph (2). ``(2) Contents.--An application submitted under paragraph (1) shall contain, at a minimum, each of the following: ``(A) An identification of the State to be served by the Statewide senior legal hotline. ``(B) A plan indicating how the eligible entity will satisfy each requirement under subsection (d) with respect to establishing or operating a Statewide senior legal hotline. ``(C) An assurance that the eligible entity will be able to provide, from non-Federal funds, an amount equal to not less than 25 percent of the estimated amount awarded through the grant under this section. An eligible entity may use in-kind contributions to meet the matching requirement under this subparagraph. ``(D) A description of the certification process the eligible entity has in place to ensure that staff members of and volunteers serving the Statewide senior legal hotline will have no conflict of interest (including any financial or substantive conflict of interest) in providing services through the hotline. ``(3) Selection.--The Assistant Secretary shall, in selecting eligible entities to receive a grant under this section-- ``(A) consider-- ``(i) the extent to which the application submitted by the eligible entity under paragraph (2) meets the requirements of such paragraph; and ``(ii) the demonstrated capacity of the eligible entity to administer a Statewide senior legal hotline, including the experience and history of the eligible entity in delivering high-quality advice, assistance, and other legal services, to older individuals through low-cost and innovative methods; and ``(B) ensure that no 2 eligible entities receiving a grant under this section for a fiscal year are planning to establish or operate a Statewide senior legal hotline that serves the same State for such fiscal year. ``(d) Requirements.--Each eligible entity receiving a grant under this section shall, in establishing or operating a Statewide senior legal hotline supported by such grant-- ``(1) provide for a sufficient number of appropriately trained attorneys, paralegals, other staff members, and volunteers to ensure effective delivery of the services described in subsection (a)(2)(A); ``(2) collaborate with the appropriate State unit on aging, including any legal assistance developer, and free or low-cost legal service providers throughout the State, including those who provide free legal assistance to older individuals, to maximize coordination and cost-effective delivery of legal assistance to older individuals; ``(3) strive to maximize coordination in the delivery of legal assistance to older individuals in the State, including legal assistance funded by the Legal Services Corporation under the Legal Services Corporation Act (42 U.S.C. 2996 et seq.), legal assistance supported by a grant under part B of title III of this Act, legal assistance provided by a law school clinic, and any other legal assistance provided at no cost to the persons receiving the assistance; ``(4) build effective communication within the aging network operating in the State to provide coordinated assistance and referrals as appropriate; ``(5) establish mechanisms to make referrals for representation and other assistance beyond the scope of the hotline to-- ``(A) other divisions or projects of the same legal aid agency of which the hotline is a division or project; ``(B) other legal aid agencies; ``(C) private attorneys, including those providing pro bono legal services; ``(D) providers included in the aging network operating in the State; ``(E) advocacy and assistance programs for older individuals; or ``(F) any other individuals or entities, as appropriate; and ``(6) conduct outreach through the aging network operating in the State, and by other means, to inform older individuals about the availability of the services provided by the hotline, specifically targeting older individuals with the greatest economic need and greatest social need. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2026.''. <all>

Senior Legal Hotline Act of 2021

To amend the Older Americans Act of 1965 to authorize a national network of Statewide senior legal hotlines, and for other purposes.

Senior Legal Hotline Act of 2021

Rep. Cartwright, Matt

D

PA

H.R.1758

Taxation

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

To amend the Internal Revenue Code of 1986 to remove short-barreled rifles from the definition of firearms for purposes of the National Firearms Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Defense and Competitive Shooting Act of 2021''. SEC. 2. SHORT-BARRELED RIFLES. (a) In General.--Section 5845(a) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``(3) a rifle'' and all that follows through ``(5) any other weapon'' and inserting ``(3) any other weapon''; and (2) by redesignating paragraphs (6), (7), and (8) as paragraphs (4), (5), and (6), respectively. (b) Effective Date.--The amendment made by this section shall apply to calendar quarters beginning more than 90 days after the date of the enactment of this Act. SEC. 3. ELIMINATION OF DISPARATE TREATMENT OF SHORT-BARRELED RIFLES USED FOR LAWFUL PURPOSES. Section 922 of title 18, United States Code, is amended in each of subsections (a)(4) and (b)(4) by striking ``short-barreled shotgun, or short-barreled rifle'' and inserting ``or short-barreled shotgun''. SEC. 4. TREATMENT OF SHORT-BARRELED RIFLES DETERMINED BY REFERENCE TO NATIONAL FIREARMS ACT. Section 5841 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(f) Short-Barreled Rifle Requirements Determined by Reference.-- In the case of any short-barreled rifle registration or licensing requirement under State or local law which is determined by reference to the National Firearms Act, any person who acquires or possesses such a rifle in accordance with chapter 44 of title 18, United States Code, shall be treated as meeting any such registration or licensing requirement with respect to such rifle.''. SEC. 5. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO SHORT-BARRELED RIFLES. Section 927 of title 18, United States Code, is amended by adding at the end the following: ``Notwithstanding the preceding sentence, a law of a State or a political subdivision of a State that imposes a tax, other than a generally applicable sales or use tax, on making, transferring, using, possessing, or transporting a short-barreled rifle in or affecting interstate or foreign commerce, or imposes a marking, recordkeeping or registration requirement with respect to such a rifle, shall have no force or effect.''. SEC. 6. DESTRUCTION OF RECORDS. (a) In General.--Not later than 365 days after the date of the enactment of this Act, the Attorney General shall destroy any registration of an applicable rifle maintained in the National Firearms Registration and Transfer Record pursuant to section 5841 of the Internal Revenue Code of 1986, any application to transfer filed under section 5812 of the Internal Revenue Code of 1986 that identifies the transferee of an applicable rifle, and any application to make filed under section 5822 of the Internal Revenue Code of 1986 that identifies the maker of an applicable rifle. (b) Applicable Rifle.--For purposes of this section, the term ``applicable rifle'' means a rifle, or weapon made from a rifle, described in paragraph (3) or (4) of section 5845(a) of such Code (as in effect on the day before the enactment of the Home Defense and Competitive Shooting Act of 2021). <all>

Home Defense and Competitive Shooting Act of 2021

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

Home Defense and Competitive Shooting Act of 2021

Rep. Mann, Tracey

R

KS

H.R.2101

Environmental Protection

Zeroing Excess, Reducing Organic Waste, And Sustaining Technical Expertise Act or the ZERO WASTE Act This bill requires the Environmental Protection Agency (EPA) to establish grant programs for reducing waste. Specifically, the EPA must establish a program to award grants to nonprofit organizations and state, local, and tribal governments for projects that utilize specified zero-waste practices. Zero-waste means the conservation of all resources by means of responsible production, consumption, reuse, and recovery of products, packaging, and materials without (1) burning or otherwise destroying embodied energy; and (2) a discharge to land, water, or air that results in adverse human health or environmental effects. In addition, the EPA must establish a program to award grants for developing and implementing new requirements that reduce the amount of waste disposed of in landfills.

To direct the Administrator of the Environmental Protection Agency to award grants for projects that are consistent with zero-waste practices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Zeroing Excess, Reducing Organic Waste, And Sustaining Technical Expertise Act'' or the ``ZERO WASTE Act''. SEC. 2. DEFINITIONS. Except as otherwise provided, in this Act: (1) Adaptive management practice.--The term ``adaptive management practice'' means, with respect to use of a grant under this Act, the integration of project design, management, and monitoring to identify the impacts and outcomes of such use of a grant as they arise for purposes of adjusting behaviors to improve outcomes. (2) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (3) Domestically owned and operated.--The term ``domestically owned and operated'' means, with respect to a business-- (A) the headquarters of such a business is located within the United States; and (B) the primary operations of such a business are carried out in the United States. (4) Eligible entity.--The term ``eligible entity'' means-- (A) a single unit of State, local, or Tribal government; (B) a partnership of multiple units of State, local, or Tribal government; (C) one or more units of State, local, or Tribal government in coordination with for-profit or nonprofit organizations; or (D) one or more nonprofit organizations. (5) Embodied energy.--The term ``embodied energy'' means energy that was used to create a product or material. (6) Environmental justice community.--The term ``environmental justice community'' has the meaning given that term in section 601. (7) Living wage.--The term ``living wage'' means the minimum income necessary to allow a person working 40 hours per week to afford the cost of housing, food, and other material necessities. (8) Organics recycling.--The term ``organics recycling'' means the biological process by which organic material-- (A) is biologically converted to compost that is not harmful to humans, plants, or animals; and (B) is treated in a specialized facility designed to recycle organic material. (9) Recycle; recycling.--The terms ``recycle'' and ``recycling'' have the meanings given those terms in section 12001 of the Solid Waste Disposal Act (as added by this title). (10) Reuse.--The term ``reuse''-- (A) means-- (i) using a product, packaging, or material more than once for the same or a new function without requiring additional processing; (ii) repairing a product, packaging, or material in such a way that extends its useful lifetime; (iii) sharing or renting a product, packaging, or material in such a way that extends its useful lifetime; or (iv) selling or donating a product, packaging, or material in such a way that extends its useful lifetime; and (B) does not include incineration. (11) Single-use product.--The term ``single-use product''-- (A) means a consumer product that is designed to be disposed of, recycled, or otherwise discarded after a single use; and (B) does not include-- (i) medical equipment, devices, or other products determined by the Secretary of Health and Human Services to necessarily be made of plastic for the protection of public health; (ii) a personal hygiene product that, due to the intended use of the product, could become unsafe or unsanitary to recycle, such as a diaper; and (iii) packaging that is-- (I) for any product described in subparagraph (A); or (II) used for the shipment of hazardous materials that is prohibited from being composed of used materials under section 178.509 or 178.522 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act). (12) Source reduction.-- (A) In general.--The term ``source reduction'' means an activity or process that reduces the generation of waste at its source, before it can enter into commerce or the environment. (B) Inclusions.--The term ``source reduction'' includes-- (i) the redesign of products or materials such that they can be reused, rather than disposed of; (ii) the design and manufacture of products or materials with minimal packaging intended for disposal; (iii) an activity or process that reduces the amount of waste generated during a manufacturing process; (iv) an activity or process that reduces or eliminates the use of materials that are not able to be recycled without degrading the quality of the material; and (v) any other activity or process that reduces the weight, volume, or toxicity of products or materials. (C) Exclusion.--The term ``source reduction'' does not include an activity or process used after a product or material has become waste, such as incineration. (13) Source separation.--The term ``source separation''-- (A) means the separation of solid waste by material or commodity type prior to collection, such as separation into recyclable and non-recyclable materials or by recyclable commodity; and (B) does not require the use of technologies that sort mixed municipal solid waste into recyclable and non-recyclable materials. (14) Waste prevention.--The term ``waste prevention'' means any method to reduce the amount of materials disposed of in landfills or incinerated, including reuse and recycling. (15) Zero-emissions vehicle.--The term ``zero-emissions vehicle'' means a vehicle that produces zero emissions of-- (A) greenhouse gases; (B) criteria pollutants; and (C) hazardous air pollutants. (16) Zero-waste.--The term ``zero-waste'' means the conservation of all resources by means of responsible production, consumption, reuse, and recovery of products, packaging, and materials without-- (A) burning or otherwise destroying embodied energy; and (B) a discharge to land, water, or air that results in adverse human health or environmental effects. (17) Zero-waste practice.--The term ``zero-waste practice'' means a practice used to help achieve zero-waste, including the use of source reduction. SEC. 3. GRANTS FOR ZERO-WASTE PROJECTS. (a) In General.--The Administrator shall establish and carry out a program to award grants, on a competitive basis, to eligible entities to carry out projects described in subsection (b). (b) Grant Use.-- (1) Organics recycling infrastructure.-- (A) In general.--An eligible entity receiving a grant under this section may use such grant to carry out a project to construct, expand, or modernize infrastructure required for organics recycling, including any facility, machinery, or equipment required for the collection and processing of organic material on a city-wide or county-wide scale. (B) Requirements.--Each project carried out under this paragraph shall result in increased capacity-- (i) to collect and process residential and commercial organic material, including through source separation of organic material; and (ii) to generate environmentally beneficial byproducts, such as compost with added nutritional content. (C) Mixed-waste composting.--A grant received under this paragraph may not be used to support the collection or processing of mixed-waste composting. (2) Electronic waste recycling.-- (A) In general.--An eligible entity receiving a grant under this section may use such grant to carry out a project that enables the recycling or reuse of electronic devices at the end of their useful lifetime, including-- (i) constructing, expanding, or modernizing infrastructure and technology; (ii) research and development; and (iii) product refurbishment. (B) Requirements.--A project carried out under this paragraph-- (i) may not include an electronic waste buy-back program-- (I) that provides compensation for used electronics; and (II) under which such compensation may be applied as a credit toward the purchase of new electronics; and (ii) shall be carried out by an eligible entity that is certified to recycle electronics by an organization that is accredited by-- (I) the National Accreditation Board of the American National Standards Institute; (II) the American Society of Quality; or (III) another accrediting body determined appropriate by the Administrator. (3) Source reduction.-- (A) In general.--An eligible entity receiving a grant under this section may use such grant to carry out a project relating to source reduction, which such project may include, in accordance with subparagraph (B), carrying out product or manufacturing redesign or redevelopment to reduce byproducts, packaging, and other outputs. (B) Redesign and redevelopment.--An eligible entity may only carry out a project described in subparagraph (A)(ii) if-- (i) the applicable manufacturer-- (I) is domestically owned and operated; and (II) pays a living wage; and (ii) the redesign or redevelopment does not result in-- (I) higher toxicity of the product or byproducts; (II) more complicated recyclability of the product or byproducts; or (III) increased volume of byproducts compared with the original practice. (4) Market development.-- (A) In general.--An eligible entity receiving a grant under this section may use such grant to carry out a project that-- (i) creates market demand for source reduction, sorted recyclable commodities, goods made of sorted recyclable commodities, or refurbished goods; and (ii) as applicable, encourages or enables investment in domestically owned and operated manufacturing capacity with respect to the list in clause (i). (B) Requirements.--Each project carried out under this section-- (i) shall target easily or commonly recycled materials which are disproportionately disposed of in landfills or incinerated; (ii) shall reduce the volume, weight, or toxicity of waste and waste byproducts; and (iii) may not conflict with-- (I) minimum-content laws, such as post-consumer recycled content requirements; (II) beverage container deposits; (III) programs funded through retail fees for specific products or classes of products that use such fees to collect, treat, or recycle such products; or (IV) any applicable recycled product procurement laws and expanded sustainable government purchasing requirements, as identified by the Administrator. (5) Zero-emissions collection vehicles.--An eligible entity receiving a grant under this section may use such grant to carry out a project to purchase, operate, and maintain zero- emissions vehicles used to collect material for recycling or organics recycling. SEC. 4. GRANTS FOR LANDFILL DIVERSION. (a) In General.--The Administrator shall establish and carry out a program to award grants, on a competitive basis, to eligible entities to develop and implement new requirements, as described in subsection (b), that reduce the amount of waste disposed of in landfills. (b) Grant Use.-- (1) Tipping fees.--An eligible entity receiving a grant under this section may use such grant to develop and implement zero-waste practices that are accompanied by permanent increases in tipping, gate, or disposal fees imposed on the disposal of waste at landfills. (2) Curbside composting collection.--An eligible entity receiving a grant under this section may use such grant to support the implementation of State programs that mandate the availability of curbside collection of material for organics recycling for all single-family and multifamily residential households. (3) Landfill diversion.--An eligible entity receiving a grant under this section may use such grant to support the implementation of statewide requirements that prohibit organic waste from being sent to landfills. (c) Definition of Eligible Entity.--In this section, the term ``eligible entity'' means a single unit of State government or a relevant State agency. SEC. 5. GRANT APPLICATIONS. (a) Application.-- (1) Criteria for all applicants.--To be eligible to receive a grant under this Act, an eligible entity shall submit to the Administrator an application at such time and in such form as the Administrator requires, which shall include demonstrating that the eligible entity-- (A) has set specific source reduction or waste prevention targets; and (B) will carry out a project that meets the applicable project requirements under section 3(b) or 4(b). (2) Additional application criteria for nonprofit organization.--In the case of an application from an eligible entity that is a nonprofit organization, the application shall include-- (A) a letter of support for the proposed project from-- (i) a local unit of government; or (ii) another nonprofit organization that-- (I) has a demonstrated history of undertaking work in the geographic region where the proposed project is to take place; and (II) is not involved in the project being proposed; and (B) any other information the Administrator may require. (b) Priority Factors.--In awarding grants under this Act, the Administrator shall give priority to any eligible entity that-- (1) with respect to an eligible entity that is a State or unit of local government, has statutorily committed to implementing one or more zero-waste practices; (2) demonstrates how use of such grant could lead to the creation of new jobs that pay a living wage and are, to the greatest extent practicable, offered to individuals who experience barriers to employment, as determined by the Administrator; (3) will use such grant to carry out source reduction or waste prevention in schools; (4) will use such grant to employ an adaptive management practice to identify, prevent, or address any negative environmental consequences of a project proposed to be carried out with a grant under this Act; (5) has a demonstrated need for additional investment in infrastructure or other resources to achieve source reduction and waste prevention targets set by the local unit of government that is responsible for waste management and recycling in the geographic area; (6) will use such grant to develop an innovative or new technology or strategy for source reduction and waste prevention; (7) demonstrates how receiving the grant will encourage further investment in source reduction and waste prevention activities; or (8) will incorporate multi-stakeholder involvement, including nonprofit, commercial, and public sector partners, in carrying out a project using such grant. (c) Requirement.--Of the amount made available pursuant to section 8(a), not less than 75 percent shall be allocated to projects that serve, or are located in, environmental justice communities. SEC. 6. REPORTING. Each eligible entity that receives a grant under this Act shall submit to the Administrator a report, at such time and in such form as the Administrator may require, on the results of the project carried out with such grant, and such report shall include any relevant data requested by the Administrator for purposes of tracking the effectiveness of the programs established under section 3(a) and 4(b). SEC. 7. ANNUAL CONFERENCE. In each of calendar years 2022 through 2030, the Administrator shall convene an annual conference to provide an opportunity for eligible entities and other relevant stakeholders to share their experience and expertise in implementing zero-waste practices. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) Grants for Zero-Waste Projects.--There is authorized to be appropriated to carry out section 3 $150,000,000 for each of fiscal years 2022 through 2031, to remain available until expended. (b) Grants for Landfill Diversion.--There is authorized to be appropriated to carry out section 4 $250,000,000 for the period of fiscal years 2022 through 2031, to remain available until expended. <all>

ZERO WASTE Act

To direct the Administrator of the Environmental Protection Agency to award grants for projects that are consistent with zero-waste practices, and for other purposes.

ZERO WASTE Act Zeroing Excess, Reducing Organic Waste, And Sustaining Technical Expertise Act

Rep. Omar, Ilhan

D

MN

H.R.2869

Health

Increasing Access to Biosimilars Act of 2021 This bill requires the Centers for Medicare & Medicaid Services to establish a demonstration project to evaluate the benefits of providing additional payments to providers of biosimilars under Medicare. Specifically, under the demonstration project, participating providers receive an additional payment based on the difference between the costs to the provider of furnishing the biosimilar and the cost if the provider had furnished the underlying reference biological product instead.

To require the Secretary of Health and Human Services to establish a demonstration project to increase access to biosimilar biological products under the Medicare program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Increasing Access to Biosimilars Act of 2021''. SEC. 2. DEMONSTRATION PROJECT TO INCREASE ACCESS TO BIOSIMILAR BIOLOGICAL PRODUCTS UNDER THE MEDICARE PROGRAM. (a) Establishment.--Beginning not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall establish and implement a 3-year nationwide demonstration project under part B of title XVIII of the Social Security Act to evaluate the benefits of providing a shared savings payment for biosimilar biological products furnished under such part. (b) Participation.-- (1) In general.--Participation under the demonstration project shall be voluntary, and a participating provider may terminate participation at any time and the Secretary may terminate the participation of such a provider at any time. (2) Application and selection.--To participate under the demonstration project, an eligible provider shall submit to the Secretary an application in such form and manner and containing such information as specified by the Secretary. Each eligible provider who submits such an application shall be selected by the Secretary for participation under the demonstration project. (3) Clarification.--Participation under the demonstration project shall not preclude eligible providers from also participating in any model authorized under section 1115A of the Social Security Act (42 U.S.C. 1315a), including the Oncology Care Model and Oncology Care First Model, or impact eligible providers metrics or expenditures within other models authorized under such section. (c) Coverage.--Except as otherwise provided in this section, payment may be made under the demonstration project for a biosimlar biological product only if such product is covered under part B of title XVIII of the Social Security Act and such payment shall be made in the same manner as payment is provided for such a product under such part. (d) Additional Payment.-- (1) In general.--Under the demonstration project, subject to paragraph (3), in addition to the payment that would otherwise be made under part B of title XVIII of the Social Security Act for a biosimilar biological product furnished or dispensed by a participating provider to a Medicare beneficiary, there shall be made an additional payment, in an amount determined by the Secretary, that is based on the difference, if any, (or portion of such difference) between the costs to the provider in furnishing the biosimilar biological product and the costs to the provider if the provider had furnished the reference biological product. (2) No increase to medicare coinsurance.--The additional payment described under paragraph (1) shall not increase a Medicare beneficiary's cost-sharing liability, as described in section 1833 of the Social Security Act (42 U.S.C. 1395l). (3) Exception.--An eligible provider may only receive the additional payment described in paragraph (1), with respect to a biosimilar biological product, if the payment amount under section 1847A of the Social Security Act (42 U.S.C. 1395w-3a) for such product is less than the payment amount under part B of title XVIII of such Act for the reference biological product. (e) Waiver Authority.--The Secretary may waive such requirements of title XVIII of the Social Security Act as may be necessary to carry out the demonstration project, except the Secretary may not increase the cost-sharing that would otherwise, without application of this section, be applied to an individual under section 1833 of the Social Security Act (42 U.S.C. 1395l). (f) Reports.-- (1) Interim evaluation and report.--Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that contains an analysis of the appropriateness of expanding or extending the demonstration project and, to the extent such analysis determines such an expansion or extension appropriate, recommendations for such expansion or extension, respectively. (2) Final evaluation and report.--Not later than one year after the date of completion of the demonstration project, the Secretary shall submit to Congress a report that contains a final analysis of the project and recommendations described in paragraph (1). (g) Definitions.--In this section: (1) Demonstration project.--The term ``demonstration project'' means the demonstration project conducted under this Act. (2) Biosimilar biological product.--The term ``biosimilar biological product'' means a biological product approved under an abbreviated application for a license of a biological product that relies in part on data or information in an application for another biological product licensed under section 351 of the Public Health Service Act (42 U.S.C. 262). (3) Eligible provider.--The term ``eligible provider'' means a provider of services or supplier that is eligible to receive payment under part B of title XVIII of the Social Security Act for furnishing or dispensing biosimilar biological products. (4) Medicare beneficiary.--The term ``Medicare beneficiary'' means an individual who is enrolled for benefits under part B of title XVIII of the Social Security Act. (5) Participating provider.--The term ``participating provider'' means an eligible provider that has been selected for participation under the project under subsection (b)(2) and with respect to whom such participation has not been terminated. (6) Reference biological product.--The term ``reference biological product'' means the biological product licensed under section 351 of the Public Health Service Act (42 U.S.C. 262) that is referred to in the application described in paragraph (2) of the biosimilar biological product. <all>

Increasing Access to Biosimilars Act of 2021

To require the Secretary of Health and Human Services to establish a demonstration project to increase access to biosimilar biological products under the Medicare program.

Increasing Access to Biosimilars Act of 2021

Rep. Cárdenas, Tony

D

CA

H.R.4060

Crime and Law Enforcement

Second Amendment is Essential Act of 2021 This bill directs the Department of Homeland Security to designate the business of importing, manufacturing, or dealing firearms, or importing or manufacturing ammunition, as a critical infrastructure sector. Additionally, the bill states that individuals who are employed by those entities are critical infrastructure workers. 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.

To direct the Secretary of Homeland Security to designate the business of importing, manufacturing, or dealing firearms, or importing or manufacturing ammunition pursuant to section 923 of title 18, United States Code, as a critical infrastructure sector, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Second Amendment is Essential Act of 2021''. SEC. 2. CRITICAL INFRASTRUCTURE SECTOR AND WORKERS. (a) Critical Infrastructure Sector.--The Secretary of Homeland Security shall designate the business of importing, manufacturing, or dealing firearms, or importing or manufacturing ammunition pursuant to section 923 of title 18, United States Code, as a critical infrastructure sector (as such term is defined in section 1016(e) of the USA Patriot Act of 2001 (42 U.S.C. 5195c(e)). (b) Critical Infrastructure Workers.--Individuals employed by entities designated as a critical infrastructure sector pursuant to subsection (a) are critical infrastructure workers (as such term is defined in section 522 of the Homeland Security Act of 2002 (6 U.S.C. 321k)). <all>

Second Amendment is Essential Act of 2021

To direct the Secretary of Homeland Security to designate the business of importing, manufacturing, or dealing firearms, or importing or manufacturing ammunition pursuant to section 923 of title 18, United States Code, as a critical infrastructure sector, and for other purposes.

Second Amendment is Essential Act of 2021

Rep. Newhouse, Dan

R

WA

H.R.3838

Social Welfare

Locality-based Social Security Benefits Act of 2021 This bill directs the Social Security Administration to increase an individual's monthly Social Security benefit amount in accordance with the locality-based comparability payment rate applicable to the federal locality-pay area in which the individual resides.

To adjust the amount of monthly old-age, survivors, and disability insurance payments under title II of the Social Security Act based on locality-based comparability payment rates. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Locality-based Social Security Benefits Act of 2021''. SEC. 2. SOCIAL SECURITY BENEFIT AMOUNTS ADJUSTED TO REFLECT LOCALITY- BASED COMPARABILITY PAYMENT RATES. Notwithstanding title II of the Social Security Act, the Commissioner of Social Security shall increase the monthly benefit amount to which each individual is otherwise entitled under such title by the percentage determined by the President under sections 5304 and 5304a of title 5, United States Code, for the locality pay area (as established in section 531.603 of title 5, Code of Federal Regulations) in which the individual resides at the time of such increase. <all>

Locality-based Social Security Benefits Act of 2021

To adjust the amount of monthly old-age, survivors, and disability insurance payments under title II of the Social Security Act based on locality-based comparability payment rates.

Locality-based Social Security Benefits Act of 2021

Rep. Meng, Grace

D

NY

H.R.3003

Science, Technology, Communications

Promoting United States Wireless Leadership Act of 2021 This bill requires the Department of Commerce to assist trusted companies (i.e., companies determined to pose no national security threat) and relevant stakeholders with participation in organizations that set standards for telecommunications, wireless devices, and related equipment.

To direct the Assistant Secretary for Communications and Information to take certain actions to enhance the representation of the United States and promote United States leadership in communications standards- setting bodies, and for other purposes. Be it enacted by the Senate 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 United States Wireless Leadership Act of 2021''. SEC. 2. REPRESENTATION AND LEADERSHIP OF UNITED STATES IN COMMUNICATIONS STANDARDS-SETTING BODIES. (a) In General.--In order to enhance the representation of the United States and promote United States leadership in standards-setting bodies that set standards for 5G networks and for future generations of wireless communications networks, the Assistant Secretary shall, in consultation with the National Institute of Standards and Technology-- (1) equitably encourage participation by companies and a wide variety of relevant stakeholders, but not including any company or relevant stakeholder that the Assistant Secretary has determined to be not trusted, (to the extent such standards-setting bodies allow such stakeholders to participate) in such standards-setting bodies; and (2) equitably offer technical expertise to companies and a wide variety of relevant stakeholders, but not including any company or relevant stakeholder that the Assistant Secretary has determined to be not trusted, (to the extent such standards-setting bodies allow such stakeholders to participate) to facilitate such participation. (b) Standards-Setting Bodies.--The standards-setting bodies referred to in subsection (a) include-- (1) the International Organization for Standardization; (2) the voluntary standards-setting bodies that develop protocols for wireless devices and other equipment, such as the 3GPP and the Institute of Electrical and Electronics Engineers; and (3) any standards-setting body accredited by the American National Standards Institute or Alliance for Telecommunications Industry Solutions. (c) Briefing.--Not later than 60 days after the date of the enactment of this Act, the Assistant Secretary shall brief the Committees on Energy and Commerce and Foreign Affairs of the House of Representatives and the Committees on Commerce, Science, and Transportation and Foreign Relations of the Senate on a strategy to carry out subsection (a). (d) Definitions.--In this section: (1) 3GPP.--The term ``3GPP'' means the 3rd Generation Partnership Project. (2) 5G network.--The term ``5G network'' means a fifth- generation mobile network as described by 3GPP Release 15 or higher. (3) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary of Commerce for Communications and Information. (4) Cloud computing.--The term ``cloud computing'' has the meaning given the term in Special Publication 800-145 of the National Institute of Standards and Technology, entitled ``The NIST Definition of Cloud Computing'', published in September 2011, or any successor publication. (5) Communications network.--The term ``communications network'' means any of the following: (A) A system enabling the transmission, between or among points specified by the user, of information of the user's choosing. (B) Cloud computing resources. (C) A network or system used to access cloud computing resources. (6) Not trusted.--The term ``not trusted'' means, with respect to a company or stakeholder, that the company or stakeholder is determined by the Assistant Secretary to pose a threat to the national security of the United States. In making such a determination, the Assistant Secretary shall rely solely on one or more of the following determinations: (A) A specific determination made by any executive branch interagency body with appropriate national security expertise, including the Federal Acquisition Security Council established under section 1322(a) of title 41, United States Code. (B) A specific determination made by the Department of Commerce pursuant to Executive Order No. 13873 (84 Fed. Reg. 22689; relating to securing the information and communications technology and services supply chain). (C) Whether a company or stakeholder produces or provides covered telecommunications equipment or services, as defined in section 889(f)(3) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1918). Passed the House of Representatives July 20, 2021. Attest: CHERYL L. JOHNSON, Clerk.

Promoting United States Wireless Leadership Act of 2021

To direct the Assistant Secretary for Communications and Information to take certain actions to enhance the representation of the United States and promote United States leadership in communications standards-setting bodies, and for other purposes.

Promoting United States Wireless Leadership Act of 2021 Promoting United States Wireless Leadership Act of 2021 Promoting United States Wireless Leadership Act of 2021

Rep. Walberg, Tim

R

MI

H.R.9680

Taxation

This bill imposes a 15% flat tax on the taxable income of each individual taxpayer. It defines taxable income as the excess of the sum of wages, taxable retirement distributions, plus unemployment compensation, over the standard deduction. The bill also imposes a 15% flat tax on business taxable income and on noncash compensation provided to employees not engaged in business activity. The bill repeals various existing tax provisions, including the alternative minimum tax, certain tax credits, and estate and gift taxes.

To amend the Internal Revenue Code to establish a flat tax, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. INDIVIDUAL INCOME TAX. (a) In General.--Section 1 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 1. TAX IMPOSED. ``There is hereby imposed on the taxable income of every individual a tax equal to 15 percent of the taxable income of such individual for such taxable year.''. (b) Taxable Income.--Section 63 of such Code is amended to read as follows: ``SEC. 63. TAXABLE INCOME. ``(a) In General.--For purposes of this subtitle, the term `taxable income' means the excess of-- ``(1) the sum of-- ``(A) wages (as defined in section 3121(a) without regard to paragraph (1) thereof) which are paid in cash and which are received during the taxable year for services performed in the United States, ``(B) retirement distributions which are includible in gross income for such taxable year, plus ``(C) amounts received under any law of the United States or of any State which is in the nature of unemployment compensation, over ``(2) the standard deduction. ``(b) Standard Deduction.-- ``(1) In general.--For purposes of this subtitle, the term `standard deduction' means the sum of-- ``(A) the basic standard deduction, plus ``(B) the additional standard deduction. ``(2) Basic standard deduction.--For purposes of paragraph (1), the basic standard deduction is-- ``(A) $25,000 in the case of-- ``(i) a joint return, or ``(ii) a surviving spouse (as defined in section 2(a)), ``(B) $18,000 in the case of a head of household (as defined in section 2(b)), and ``(C) $12,500 in the case of an individual-- ``(i) who is not married and who is not a surviving spouse or head of household, or ``(ii) who is a married individual filing a separate return. ``(3) Additional standard deduction.--For purposes of paragraph (1), the additional standard deduction is $5,000 for each dependent (as defined in section 152) who is described in section 151(c) for the taxable year and who is not required to file a return for such taxable year. ``(c) Retirement Distributions.--For purposes of subsection (a), the term `retirement distribution' means any distribution from-- ``(1) a plan described in section 401(a) which includes a trust exempt from tax under section 501(a), ``(2) an annuity plan described in section 403(a), ``(3) an annuity contract described in section 403(b), ``(4) an individual retirement account described in section 408(a), ``(5) an individual retirement annuity described in section 408(b), ``(6) an eligible deferred compensation plan (as defined in section 457), ``(7) a governmental plan (as defined in section 414(d)), or ``(8) a trust described in section 501(c)(18). Such term includes any plan, contract, account, annuity, or trust which, at any time, has been determined by the Secretary to be such a plan, contract, account, annuity, or trust. ``(d) Income of Certain Children.--For purposes of this subtitle-- ``(1) an individual's taxable income shall include the taxable income of each dependent child of such individual who has not attained age 14 as of the close of such taxable year, and ``(2) such dependent child shall have no liability for tax imposed by section 1 with respect to such income and shall not be required to file a return for such taxable year. ``(e) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 2023, each dollar amount contained in subsection (b) shall be increased by an amount determined by the Secretary to be equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment for such calendar year. ``(2) Cost-of-living adjustment.--For purposes of paragraph (1), the cost-of-living adjustment for any calendar year is the percentage (if any) by which-- ``(A) the CPI for the preceding calendar year, exceeds ``(B) the CPI for the calendar year 2022. ``(3) CPI for any calendar year.--For purposes of paragraph (2), the CPI for any calendar year is the average of the Consumer Price Index as of the close of the 12-month period ending on August 31 of such calendar year. ``(4) Consumer price index.--For purposes of paragraph (3), the term `Consumer Price Index' means the last Consumer Price Index for all-urban consumers published by the Department of Labor. For purposes of the preceding sentence, the revision of the Consumer Price Index which is most consistent with the Consumer Price Index for calendar year 1986 shall be used. ``(5) Rounding.--If any increase determined under paragraph (1) is not a multiple of $10, such increase shall be rounded to the next highest multiple of $10. ``(f) Marital Status.--For purposes of this section, marital status shall be determined under section 7703.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2022. SEC. 2. TAX ON BUSINESS ACTIVITIES. (a) In General.--Section 11 of the Internal Revenue Code of 1986 (relating to tax imposed on corporations) is amended to read as follows: ``SEC. 11. TAX IMPOSED ON BUSINESS ACTIVITIES. ``(a) Tax Imposed.--There is hereby imposed on every person engaged in a business activity a tax equal to 15 percent of the business taxable income of such person. ``(b) Liability for Tax.--The tax imposed by this section shall be paid by the person engaged in the business activity, whether such person is an individual, partnership, corporation, or otherwise. ``(c) Business Taxable Income.--For purposes of this section-- ``(1) In general.--The term `business taxable income' means gross active income reduced by the deductions specified in subsection (d). ``(2) Gross active income.-- ``(A) In general.--For purposes of paragraph (1), the term `gross active income' means gross receipts from-- ``(i) the sale or exchange of property or services in the United States by any person in connection with a business activity, and ``(ii) the export of property or services from the United States in connection with a business activity. ``(B) Exchanges.--For purposes of this section, the amount treated as gross receipts from the exchange of property or services is the fair market value of the property or services received, plus any money received. ``(C) Coordination with special rules for financial services, etc.--Except as provided in subsection (e)-- ``(i) the term `property' does not include money or any financial instrument, and ``(ii) the term `services' does not include financial services. ``(3) Exemption from tax for activities of governmental entities and tax-exempt organizations.--For purposes of this section, the term `business activity' does not include any activity of a governmental entity or of any other organization which is exempt from tax under this chapter. ``(d) Deductions.-- ``(1) In general.--The deductions specified in this subsection are-- ``(A) the cost of business inputs for the business activity, ``(B) wages (as defined in section 3121(a) without regard to paragraph (1) thereof) which are paid in cash for services performed in the United States as an employee, and ``(C) retirement contributions to or under any plan or arrangement which makes retirement distributions (as defined in section 63(c)) for the benefit of such employees to the extent such contributions are allowed as a deduction under section 404. ``(2) Business inputs.-- ``(A) In general.--For purposes of paragraph (1), the term `cost of business inputs' means-- ``(i) the amount paid for property sold or used in connection with a business activity, ``(ii) the amount paid for services (other than for the services of employees, including fringe benefits paid by reason of such services) in connection with a business activity, and ``(iii) any excise tax, sales tax, customs duty, or other separately stated levy imposed by a Federal, State, or local government on the purchase of property or services which are for use in connection with a business activity. Such term shall not include any tax imposed by chapter 2 or 21. ``(B) Exceptions.--Such term shall not include-- ``(i) items described in subparagraphs (B) and (C) of paragraph (1), and ``(ii) items for personal use not in connection with any business activity. ``(C) Exchanges.--For purposes of this section, the amount treated as paid in connection with the exchange of property or services is the fair market value of the property or services exchanged, plus any money paid. ``(e) Special Rules for Financial Intermediation Service Activities.--In the case of the business activity of providing financial intermediation services, the taxable income from such activity shall be equal to the value of the intermediation services provided in such activity. ``(f) Exception for Services Performed as Employee.--For purposes of this section, the term `business activity' does not include the performance of services by an employee for the employee's employer. ``(g) Carryover of Credit-Equivalent of Excess Deductions.-- ``(1) In general.--If the aggregate deductions for any taxable year exceed the gross active income for such taxable year, the credit-equivalent of such excess shall be allowed as a credit against the tax imposed by this section for the following taxable year. ``(2) Credit-equivalent of excess deductions.--For purposes of paragraph (1), the credit-equivalent of the excess described in paragraph (1) for any taxable year is an amount equal to-- ``(A) the sum of-- ``(i) such excess, plus ``(ii) the product of such excess and the 3-month Treasury rate for the last month of such taxable year, multiplied by ``(B) the rate of the tax imposed by subsection (a) for such taxable year. ``(3) Carryover of unused credit.--If the credit allowable for any taxable year by reason of this subsection exceeds the tax imposed by this section for such year, then (in lieu of treating such excess as an overpayment) the sum of-- ``(A) such excess, plus ``(B) the product of such excess and the 3-month Treasury rate for the last month of such taxable year, shall be allowed as a credit against the tax imposed by this section for the following taxable year. ``(4) 3-month treasury rate.--For purposes of this subsection, the 3-month Treasury rate is the rate determined by the Secretary based on the average market yield (during any 1- month period selected by the Secretary and ending in the calendar month in which the determination is made) on outstanding marketable obligations of the United States with remaining periods to maturity of 3 months or less.''. (b) Tax on Tax-Exempt Entities Providing Noncash Compensation to Employees.--Section 4977 of such Code is amended to read as follows: ``SEC. 4977. TAX ON NONCASH COMPENSATION PROVIDED TO EMPLOYEES NOT ENGAGED IN BUSINESS ACTIVITY. ``(a) Imposition of Tax.--There is hereby imposed a tax equal to 15 percent of the value of excludable compensation provided during the calendar year by an employer for the benefit of employees to whom this section applies. ``(b) Liability for Tax.--The tax imposed by this section shall be paid by the employer. ``(c) Excludable Compensation.--For purposes of subsection (a), the term `excludable compensation' means any remuneration for services performed as an employee other than-- ``(1) wages (as defined in section 3121(a) without regard to paragraph (1) thereof) which are paid in cash, ``(2) remuneration for services performed outside the United States, and ``(3) retirement contributions to or under any plan or arrangement which makes retirement distributions (as defined in section 63(c)). ``(d) Employees to Whom Section Applies.--This section shall apply to an employee who is employed in any activity by-- ``(1) any organization which is exempt from taxation under this chapter, or ``(2) any agency or instrumentality of the United States, any State or political subdivision of a State, or the District of Columbia.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2022. SEC. 3. REPEAL OF ALTERNATIVE MINIMUM TAX. (a) In General.--Part VI of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is hereby repealed. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2022. SEC. 4. REPEAL OF CREDITS. (a) In General.--Part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is hereby repealed. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2022. SEC. 5. REPEAL OF ESTATE AND GIFT TAXES AND OBSOLETE INCOME TAX PROVISIONS. (a) Repeal of Estate and Gift Taxes.-- (1) In general.--Subtitle B of the Internal Revenue Code of 1986 is hereby repealed. (2) Effective date.--The repeal made by paragraph (1) shall apply to the estates of decedents dying, and gifts and generation-skipping transfers made, after December 31, 2022. (b) Repeal of Obsolete Income Tax Provisions.-- (1) In general.--Except as provided in paragraph (2), chapter 1 of the Internal Revenue Code of 1986 is hereby repealed. (2) Exceptions.--Paragraph (1) shall not apply to-- (A) sections 1, 11, and 63 of such Code, as amended by this Act, (B) those provisions of chapter 1 of such Code which are necessary for determining whether or not-- (i) retirement distributions are includible in the gross income of employees, or (ii) an organization is exempt from tax under such chapter, (C) subchapter D of such chapter 1 (relating to deferred compensation), (D) section 170 of such Code, and (E) section 965 of such Code. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2022. SEC. 6. TREATMENT OF DEFERRED FOREIGN INCOME UPON TRANSITION TO PARTICIPATION EXEMPTION SYSTEM OF TAXATION. (a) In General.--Section 965(o) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following: ``(3) regulations or other guidance to establish that this section shall apply not less often than annually.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2022. <all>

To amend the Internal Revenue Code to establish a flat tax, and for other purposes.

To amend the Internal Revenue Code to establish a flat tax, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To amend the Internal Revenue Code to establish a flat tax, and for other purposes.

Rep. Gohmert, Louie

R

TX

H.R.8272

Energy

Restoring Essential Energy and Security Holdings Onshore for Rare Earths Act of 2022 or the REEShore Act of 2022 This bill requires the inclusion of rare earth elements and certain other critical minerals in the National Defense Stockpile and sets out other requirements related to those elements and minerals. Specifically, the bill requires defense contractors to disclose the provenance of permanent magnets that contain those elements or minerals and expands prohibitions that restrict the Department of Defense from procuring goods or services, including those elements and minerals, from companies affiliated with China. The bill also expands the President's authorities under the Defense Production Act of 1950 to support domestic sources for those elements and minerals. (The Defense Production Act of 1950 confers on the President a broad set of authorities to influence domestic industry in order to provide essential materials and goods needed for the national defense.)

To encourage the extraction and processing of rare earth elements and critical minerals in the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring Essential Energy and Security Holdings Onshore for Rare Earths Act of 2022'' or the ``REEShore Act of 2022''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Armed Services and the Committee on Energy and Commerce of the House of Representatives. (2) Covered critical mineral.--The term ``covered critical mineral'' means-- (A) antimony; (B) beryllium; (C) cobalt; (D) graphite; (E) lithium; (F) manganese; (G) nickel; (H) tantalum; (I) tungsten; or (J) vanadium. (3) Rare earth element.--The term ``rare earth element'' means-- (A) cerium; (B) dysprosium; (C) erbium; (D) europium; (E) gadolinium; (F) holmium; (G) lanthanum; (H) lutetium; (I) neodymium; (J) praseodymium; (K) promethium; (L) samarium; (M) scandium; (N) terbium; (O) thulium; (P) ytterbium; or (Q) yttrium. (4) Rare earth or covered critical mineral product.--The term ``rare earth or covered critical mineral product'' means a finished, semi-finished, or other intermediate good or component, including a battery or permanent magnet, that contains a rare earth element or covered critical mineral. SEC. 3. EXPANSION OF NATIONAL DEFENSE STOCKPILE REQUIREMENTS AND CAPACITY RELATING TO RARE EARTH ELEMENTS AND COVERED CRITICAL MINERALS. (a) Findings.--Congress finds that increasing the storage of substantial quantities of rare earth elements, covered critical minerals, and rare earth or covered critical mineral products in the National Defense Stockpile will-- (1) diminish the vulnerability of the United States to the effects of severe disruptions to the supply chains for such elements, minerals, and products; and (2) provide limited protection from the consequences of an interruption in supplies of such elements, minerals, and products, particularly such elements, minerals, and products required to meet the needs of the Armed Forces and the defense industrial and technology sectors. (b) Statement of Policy.--It is the policy of the United States to expand and maintain a strategic reserve of rare earth elements, covered critical minerals, and rare earth or covered critical mineral products. (c) Declaration of Purposes.--Section 2 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98a) is amended by adding at the end the following: ``(d) The quantities of rare earth elements, covered critical minerals, and rare earth or covered critical mineral products stockpiled under this Act should be sufficient to sustain the United States Armed Forces and the defense industrial and technology sectors of the United States for a period of not less than 3 years during a national emergency situation that would necessitate total mobilization of the economy of the United States for a sustained conventional global war of indefinite duration.''. (d) National Emergency Planning Assumptions for Rare Earth Elements and Covered Critical Minerals.--Section 14 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-5) is amended-- (1) in subsection (b), in the second sentence, by striking ``The Secretary shall base'' and inserting ``Except as provided in subsection (c), the Secretary shall base''; (2) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and (3) by inserting after subsection (b) the following: ``(c) The Secretary shall base the Secretary's recommendations under subsection (a)(1) with respect to stockpile requirements for rare earth elements, covered critical minerals, and rare earth or covered critical mineral products on a national emergency situation that would last for a period of not less than 3 years and necessitate total mobilization of the economy of the United States for a sustained conventional global war of indefinite duration.''. (e) Limited Acquisition Authority.--The Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.) is amended-- (1) in section 3(c)(2) (50 U.S.C. 98b(c)(2)), by striking ``The President'' and inserting ``In the case of acquisitions of materials the cost of which exceeds the amount specified in section 5(a)(3), the President''; (2) in section 5(a) (50 U.S.C. 98d(a))-- (A) in paragraph (1), in the first sentence, by inserting ``under the authority of paragraph (3) or'' after ``Except for acquisitions made''; and (B) by adding at the end the following: ``(3) The Secretary of Defense may acquire materials determined to be strategic and critical under section 3(a), including rare earth elements, covered critical minerals, and rare earth or covered critical mineral products, without regard to the requirement of the first sentence of subsection (a) if the cost of the materials does not exceed $10,000,000.''; (3) in section 10(c) (50 U.S.C. 98h-1(c))-- (A) in paragraph (2), by striking ``all acquisitions and disposals'' inserting ``acquisitions of materials the cost of which exceeds the amount specified in section 5(a)(3) and all disposals''; and (B) in paragraph (3)(A), by striking ``all acquisitions and disposals'' and inserting ``acquisitions described in paragraph (2) and all disposals''; and (4) in section 11(b)(3) (50 U.S.C. 98h-2(b)(3))-- (A) by inserting ``(A)'' before ``Any proposed expenditure''; and (B) by adding at the end the following: ``(B) Subparagraph (A) does not apply with respect to acquisitions of materials the cost of which does not exceed the amount specified in section 5(a)(3).''. (f) Definitions.--Section 12 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-3) is amended by adding at the end the following: ``(4) The term `covered critical mineral' means-- ``(A) antimony; ``(B) beryllium; ``(C) cobalt; ``(D) graphite; ``(E) lithium; ``(F) manganese; ``(G) nickel; ``(H) tantalum; ``(I) tungsten; or ``(J) vanadium. ``(5) The term `rare earth element' means-- ``(A) cerium; ``(B) dysprosium; ``(C) erbium; ``(D) europium; ``(E) gadolinium; ``(F) holmium; ``(G) lanthanum; ``(H) lutetium; ``(I) neodymium; ``(J) praseodymium; ``(K) promethium; ``(L) samarium; ``(M) scandium; ``(N) terbium; ``(O) thulium; ``(P) ytterbium; or ``(Q) yttrium. ``(6) The term `rare earth or covered critical mineral product' means a finished, semi-finished, or other intermediate good or component, including a battery or permanent magnet, that contains a rare earth element or covered critical mineral.''. (g) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated for the National Defense Stockpile Transaction Fund under section 9 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h)-- (A) for fiscal year 2023, $253,500,000; (B) for fiscal year 2024, $266,175,000; (C) for fiscal year 2025, $279,484,000; (D) for fiscal year 2026, $293,458,000; and (E) for fiscal year 2027, $308,131,000. (2) Supplement not supplant.--The amounts authorized to be appropriated by paragraph (1) shall supplement and not supplant other amounts authorized to be appropriated for the National Defense Stockpile Transaction Fund. SEC. 4. DISCLOSURES CONCERNING RARE EARTH ELEMENTS AND COVERED CRITICAL MINERALS BY CONTRACTORS OF DEPARTMENT OF DEFENSE. (a) Requirement.--Beginning on the date that is 30 months after the date of the enactment of this Act, the Secretary of Defense shall require that any contractor that provides to the Department of Defense a system with a permanent magnet that contains rare earth elements or covered critical minerals disclose, along with delivery of the system, the provenance of the magnet. (b) Elements.--A disclosure under subsection (a) shall include an identification of the country or countries in which-- (1) any rare earth elements and covered critical minerals used in the magnet were mined; (2) such elements and minerals were refined into oxides; (3) such elements and minerals were made into metals and alloys; and (4) the magnet was sintered or bonded and magnetized. (c) Implementation of Supply Chain Tracking System.--If a contractor cannot make the disclosure required by subsection (a) with respect to a system described in that subsection, the Secretary shall require the contractor to establish and implement a supply chain tracking system in order to make the disclosure not later than 180 days after providing the system to the Department of Defense. (d) Waivers.-- (1) In general.--The Secretary may waive a requirement under subsection (a) or (c) with respect to a system described in subsection (a) for a period of not more than 180 days if the Secretary certifies to the appropriate congressional committees that-- (A) the continued procurement of the system is necessary to meet the demands of a national emergency declared under section 201 of the National Emergencies Act (50 U.S.C. 1621); or (B) the contractor cannot currently make the disclosure required by subsection (a) but is making significant efforts to comply with the requirements of that subsection. (2) Waiver renewals.--The Secretary-- (A) may renew a waiver under paragraph (1)(A) as many times as the Secretary considers appropriate; and (B) may not renew a waiver under paragraph (1)(B) more than twice. (e) Briefing Required.--Not later than 30 days after the submission of each report required by section 6(c), the Secretary of Defense shall provide to the appropriate congressional committees a briefing that includes-- (1) a summary of the disclosures made under this section; (2) an assessment of the extent of reliance by the United States on foreign countries, and especially countries that are not allies of the United States, for rare earth elements and covered critical minerals; (3) a determination with respect to which systems described in subsection (a) are of the greatest concern for interruptions of supply chains with respect to rare earth elements and covered critical minerals; and (4) any suggestions for legislation or funding that would mitigate security gaps in such supply chains. SEC. 5. EXPANSION OF RESTRICTIONS ON PROCUREMENT OF MILITARY AND DUAL- USE TECHNOLOGIES BY CHINESE MILITARY COMPANIES. Section 1211 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3461), as most recently amended by section 1296 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2562), is further amended-- (1) in the section heading, by striking ``communist chinese military companies'' and inserting ``chinese military companies''; (2) in subsection (a), by inserting after ``military company'' the following: ``, any Chinese military company, or any Non-SDN Chinese military-industrial complex company''; (3) by amending subsection (b) to read as follows: ``(b) Goods and Services Covered.-- ``(1) In general.--For purposes of subsection (a), and except as provided in paragraph (2), the goods and services described in this subsection are goods and services-- ``(A) on the munitions list of the International Traffic in Arms Regulations; or ``(B) on the Commerce Control List that-- ``(i) are classified in the 600 series; or ``(ii) contain rare earth elements or covered critical minerals. ``(2) Exceptions.--Goods and services described in this subsection do not include goods or services procured-- ``(A) in connection with a visit by a vessel or an aircraft of the United States Armed Forces to the People's Republic of China; ``(B) for testing purposes; or ``(C) for purposes of gathering intelligence.''; and (4) in subsection (e)-- (A) by striking paragraph (3); (B) by redesignating paragraphs (1) and (2) as paragraphs (3) and (6), respectively; (C) by inserting before paragraph (3), as redesignated by subparagraph (B), the following: ``(1) The term `Chinese military company' has the meaning given that term by section 1260H(d)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 113 note). ``(2) The term `Commerce Control List' means the list maintained by the Bureau of Industry and Security and set forth in Supplement No. 1 to part 774 of the Export Administration Regulations.''; (D) by inserting after paragraph (3), as so redesignated, the following: ``(4) The term `covered critical mineral' means-- ``(A) antimony; ``(B) beryllium; ``(C) cobalt; ``(D) graphite; ``(E) lithium; ``(F) manganese; ``(G) nickel; ``(H) tantalum; ``(I) tungsten; or ``(J) vanadium. ``(5) The term `Export Administration Regulations' has the meaning given that term in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801).''; and (E) by adding at the end the following: ``(7) The term `Non-SDN Chinese military-industrial complex company' means any entity on the Non-SDN Chinese Military- Industrial Complex Companies List-- ``(A) established pursuant to Executive Order 13959 (50 U.S.C. 1701 note; relating to addressing the threat from securities investments that finance Communist Chinese military companies), as amended before, on, or after the date of the enactment of the Restoring Essential Energy and Security Holdings Onshore for Rare Earths Act of 2022; and ``(B) maintained by the Office of Foreign Assets Control of the Department of the Treasury. ``(8) The term `rare earth element' means-- ``(A) cerium; ``(B) dysprosium; ``(C) erbium; ``(D) europium; ``(E) gadolinium; ``(F) holmium; ``(G) lanthanum; ``(H) lutetium; ``(I) neodymium; ``(J) praseodymium; ``(K) promethium; ``(L) samarium; ``(M) scandium; ``(N) terbium; ``(O) thulium; ``(P) ytterbium; or ``(Q) yttrium.''. SEC. 6. REVIEW OF COMPLIANCE WITH CONTRACTING REQUIREMENTS. (a) In General.--Not later than one year after the date of the enactment of this Act, and periodically thereafter until the termination date specified in subsection (e), the Comptroller General of the United States shall assess the extent of the efforts of the Department of Defense to comply with the requirements of-- (1) section 4; (2) section 1211 of the National Defense Authorization Act for Fiscal Year 2006, as amended by section 5 of this Act; and (3) section 4872 of title 10, United States Code. (b) Briefing Required.--The Comptroller General shall periodically, until the termination date specified in subsection (e), provide to the appropriate congressional committees a briefing on the results of the assessments conducted under subsection (a) that includes an assessment of-- (1) the inclusion by the Department of Defense of necessary contracting clauses in relevant contracts to meet the requirements described in paragraphs (1), (2), and (3) of subsection (a); and (2) the efforts of the Department of Defense to assess the compliance of contractors with such clauses. (c) Report Required.--The Comptroller General shall, not less frequently than every 2 years until the termination date specified in subsection (e), submit to the appropriate congressional committees a report on the results of the assessments conducted under subsection (a) that includes an assessment of-- (1) the inclusion by the Department of Defense of necessary contracting clauses in relevant contracts to meet the requirements described in paragraphs (1), (2), and (3) of subsection (a); and (2) the efforts of the Department of Defense to assess the compliance of contractors with such clauses. (d) Referral.--If, in conducting an assessment under subsection (a), the Comptroller General determines that a contractor has failed to comply with any of the requirements described in paragraphs (1), (2), and (3) of subsection (a), the Comptroller General shall refer the matter to the Department of Justice, relevant Inspectors General, or other enforcement agencies, as appropriate, for further examination and possible enforcement actions. (e) Termination.--The requirements of this section shall terminate on the date that is 10 years after the date of the enactment of this Act. SEC. 7. SUPPORT FOR DOMESTIC RARE EARTH ELEMENT AND COVERED CRITICAL MINERAL PRODUCERS AND PROCESSORS. (a) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Defense Production Act Fund under section 304 of the Defense Production Act of 1950 (50 U.S.C. 4534) for each of fiscal years 2023 through 2027, $750,000,000 for activities of the Department of Defense pursuant to section 108 and title III of the Defense Production Act of 1950 (50 U.S.C. 4518 and 4531 et seq.). (2) Rare earth elements and covered critical minerals.--Of the amount authorized to be appropriated by paragraph (1) for a fiscal year, not less than $250,000,000 shall be available to meet the requirements of the Department of Defense for rare earth elements and covered critical minerals. (b) Increase in Limitation on Cost of Defense Production Act Projects for Rare Earth Elements and Covered Critical Minerals.-- Section 303(a)(6) of the Defense Production Act is amended-- (1) in subparagraph (B)-- (A) by striking ``If the taking'' and inserting the following: ``(i) In general.--If the taking''; (B) by inserting ``(except as provided in clause (ii))'' after ``$50,000,000''; and (C) by adding at the end the following: ``(ii) Exception for rare earth elements and covered critical minerals.--If the taking of any action under this subsection to correct a domestic industrial base shortfall in rare earth elements, covered critical minerals, or rare earth or covered critical mineral products (as those terms are defined in section 2 of the REEShore Act of 2022) would cause the aggregate outstanding amount of all such actions for such shortfall to exceed $100,000,000, the action or actions may be taken only after the 30-day period following the date on which the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives have been notified in writing of the proposed action.''; and (2) in subparagraph (C)-- (A) by striking ``If the taking'' and inserting the following: ``(i) In general.--If the taking''; (B) by inserting ``(except as provided in clause (ii))'' after ``$50,000,000''; and (C) by adding at the end the following: ``(ii) Exception for rare earth elements and covered critical minerals.--If the taking of any action or actions under this section to correct an industrial resource shortfall in rare earth elements, covered critical minerals, or rare earth or covered critical mineral products (as those terms are defined in section 2 of the REEShore Act of 2022) would cause the aggregate outstanding amount of all such actions for such industrial resource shortfall to exceed $100,000,000, no such action or actions may be taken, unless such action or actions are authorized to exceed such amount by an Act of Congress.''. <all>

REEShore Act of 2022

To encourage the extraction and processing of rare earth elements and critical minerals in the United States, and for other purposes.

REEShore Act of 2022 Restoring Essential Energy and Security Holdings Onshore for Rare Earths Act of 2022

Rep. Slotkin, Elissa

D

MI

H.R.1689

Energy

Offshore Wind for Territories Act This bill addresses offshore wind development in certain submerged lands off the U.S. territories and coral reef conservation. Specifically, the bill requires the Department of the Interior to study the feasibility of conducting wind lease sales on the Outer Continental Shelf in the U.S. Exclusive Economic Zone adjacent to U.S. territories. If the study determines that such leases are feasible, then Interior must conduct wind lease sales in those areas as specified by this bill. In addition, the bill establishes the Coral Reef Conservation Fund for the Department of Commerce to carry out the Coral Reef Conservation Act of 2000, including to preserve, sustain, and restore the condition of coral reef ecosystems. The bill also specifies requirements for distributing revenues from the leases authorized by this bill to the Treasury, the Coral Reef Conservation Fund, and U.S. territories.

To amend the Outer Continental Shelf Lands Act to apply to territories of the United States, to establish offshore wind lease sale requirements, to provide dedicated funding for coral reef conservation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Offshore Wind for Territories Act''. SEC. 2. APPLICATION OF OUTER CONTINENTAL SHELF LANDS ACT WITH RESPECT TO TERRITORIES OF THE UNITED STATES. (a) In General.--Section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331) is amended-- (1) in paragraph (a)-- (A) by inserting after ``control'' the following: ``or lying within the exclusive economic zone of the United States and the outer Continental Shelf adjacent to any territory or possession of the United States''; and (B) by adding at the end before the semicolon the following: ``, except that such term shall not include any area conveyed by Congress to a territorial government for administration''; (2) in paragraph (p), by striking ``and'' after the semicolon at the end; (3) in paragraph (q), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(r) The term `State' means the several States, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.''. (b) Exclusions.--Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended by adding at the end the following: ``(i) This section shall not apply to the scheduling of lease sales in the outer Continental Shelf adjacent to the territories and possessions of the United States.''. SEC. 3. DISPOSITION OF REVENUES WITH RESPECT TO TERRITORIES OF THE UNITED STATES. Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) is amended-- (1) by striking ``All rentals'' and inserting the following: ``(a) In General.--Except as otherwise provided in law, all rentals''; and (2) by adding at the end the following: ``(b) Disposition of Revenues to Territories of the United States.--Of the bonuses, rentals, royalties, and other sums paid to the Secretary under this Act from a lease for an area of land on the outer Continental Shelf adjacent to a territory and lying within the exclusive economic zone of the United States pertaining to such territory, and not otherwise obligated or appropriated-- ``(1) 50 percent shall be deposited in the Treasury and credited to miscellaneous receipts; ``(2) 12.5 percent shall be deposited in the Coral Reef Conservation Fund established under section 211 of the Coral Reef Conservation Act of 2000; and ``(3) 37.5 percent shall be disbursed to territories of the United States in an amount for each territory (based on a formula established by the Secretary by regulation) that is inversely proportional to the respective distance between the point on the coastline of the territory that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract.''. SEC. 4. WIND LEASE SALES FOR AREAS OF OUTER CONTINENTAL SHELF. (a) Conditional Wind Lease Sales in Territories of the United States.--The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by adding at the end the following: ``SEC. 33. WIND LEASE SALES FOR AREAS OF OUTER CONTINENTAL SHELF. ``(a) Authorization.--The Secretary may conduct wind lease sales on the outer Continental Shelf. ``(b) Wind Lease Sale Procedure.--Any wind lease sale conducted under this section shall be considered a lease under section 8(p). ``(c) Wind Lease Sales Off Coasts of Territories of the United States.-- ``(1) Study on feasibility of conducting wind lease sales.-- ``(A) In general.--The Secretary shall conduct a study on the feasibility, including the technological and long-term economic feasibility, of conducting wind lease sales on an area of the outer Continental Shelf within the territorial jurisdiction of American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands. ``(B) Consultation.--In conducting the study required in paragraph (A), the Secretary shall consult-- ``(i) the National Laboratories, as that term is defined in section 2(3) of the Energy Policy Act of 2005 (42 U.S.C. 15801(3)); ``(ii) the Governor of each of American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands; and ``(iii) the National Oceanic and Atmospheric Administration, including the Office of National Marine Sanctuaries and the National Marine Fisheries Service. ``(C) Publication.--The study required in subparagraph (A) shall be published in the Federal Register for public comment for not fewer than 60 days. ``(D) Submission of results.--Not later than 18 months after the date of the enactment of this section, the Secretary shall submit the results of the study conducted under subparagraph (A) to: ``(i) the Committee on Energy and Natural Resources of the Senate; ``(ii) the Committee on Natural Resources of the House of Representatives; and ``(iii) each of the delegates or resident commissioner to the House of Representatives from American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands, respectively. ``(E) Public availability.--The study required under subparagraph (A) and results submitted under subparagraph (C) shall be made readily available on a public website. ``(2) Call for information and nominations.--The Secretary shall issue a call for information and nominations for proposed wind lease sales for areas determined to be feasible under the study conducted under paragraph (1). ``(3) Conditional wind lease sales.-- ``(A) In general.--For each territory, the Secretary shall conduct not less than 1 wind lease sale on an area of the outer Continental Shelf within the territorial jurisdiction of such territory that meets each of the following criteria: ``(i) The study required under paragraph (1)(A) concluded that a wind lease sale on the area is feasible. ``(ii) The Secretary has determined that the call for information has generated sufficient interest for the area. ``(iii) The Secretary has consulted with the Secretary of Defense regarding such a sale. ``(iv) The Secretary has consulted with the Governor of the territory regarding the suitability of the area for wind energy development. ``(B) Exception.--If no area of the outer Continental Shelf within the territorial jurisdiction of a territory meets each of the criteria in clauses (i) through (iii) of subparagraph (A), the requirement under subparagraph (A) shall not apply to such territory.''. SEC. 5. ESTABLISHMENT OF CORAL REEF CONSERVATION FUND. (a) In General.--The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is amended by adding at the end the following: ``SEC. 211. CORAL REEF CONSERVATION FUND. ``(a) Establishment.--There is established in the Treasury the Coral Reef Conservation Fund, hereafter referred to as the Fund. ``(b) Deposits.--For each fiscal year, there shall be deposited in the Fund the portion of such revenues due and payable to the United States under subsection (b)(2) of section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338). ``(c) Uses.--Amounts deposited in the Fund under this section and appropriated to the Secretary of Commerce under subsection (f) shall be used by the Secretary of Commerce to carry out the Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.), with priority given to carrying out sections 204 and 206 of such Act (16 U.S.C. 6403 and 6405). ``(d) Availability.--Amounts deposited in the Fund shall remain in the Fund until appropriated by Congress. ``(e) Reporting.--The President shall include with the proposed budget for the United States Government submitted to Congress for a fiscal year a comprehensive statement of deposits into the Fund during the previous fiscal year and estimated requirements during the following fiscal year for appropriations from the Fund. ``(f) Authorization of Appropriations.--There are authorized to be appropriated from the Fund to the Secretary of Commerce, an amount equal to the amount deposited in the Fund in the previous fiscal year. ``(g) No Limitation.--Appropriations from the Fund pursuant to this section may be made without fiscal year limitation.''. (b) Renaming of Existing Fund.--Section 205 of the Coral Reef Conservation Act of 2000 (16 U.S.C. 6404) is amended-- (1) in the heading, by striking ``coral reef conservation fund'' and inserting ``coral reef public-private partnership''; (2) in subsection (a)-- (A) in the subsection heading, by striking ``Fund'' and inserting ``Public-Private Partnership''; and (B) by striking ``, hereafter referred to as the Fund,''; and (3) in subsection (b), by striking ``Fund'' and inserting ``separate interest bearing account''. <all>

Offshore Wind for Territories Act

To amend the Outer Continental Shelf Lands Act to apply to territories of the United States, to establish offshore wind lease sale requirements, to provide dedicated funding for coral reef conservation, and for other purposes.

Offshore Wind for Territories Act

Resident Commissioner González-Colón, Jenniffer

R

PR

H.R.1051

Science, Technology, Communications

Barriers and Regulatory Obstacles Avoids Deployment of Broadband Access and Needs Deregulatory Leadership Act or the BROADBAND Leadership Act This bill limits the authority of, and places deadlines on, a state or local government over decisions regarding the placement, construction, and modification of telecommunications service facilities. Specifically, the bill requires that the regulation of the placement, construction, or modification of a telecommunications service facility by any state or local government shall not unreasonably discriminate among providers of functionally equivalent services. Further, any decision to deny a placement, construction, or modification request must be in writing and supported by substantial evidence in a written record. Additionally, a state or local government must grant or deny a complete request for authorization to place, construct, or modify a telecommunications service facility within 90 days of receipt of the request or within 150 days of receipt of a request to take any other action relating to such facility. A state or local government is authorized to charge a reasonable, objective, cost-based fee for (1) review of a request, or (2) use of a right-of-way or a facility in a right-of-way that is owned or managed by the state or local government.

To amend the Communications Act of 1934 to streamline siting processes for telecommunications service facilities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Barriers and Regulatory Obstacles Avoids Deployment of Broadband Access and Needs Deregulatory Leadership Act'' or the ``BROADBAND Leadership Act''. SEC. 2. REMOVAL OF BARRIERS TO ENTRY. Section 253 of the Communications Act of 1934 (47 U.S.C. 253) is amended to read as follows: ``SEC. 253. REMOVAL OF BARRIERS TO ENTRY. ``(a) In General.--No State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide or enhance any interstate or intrastate telecommunications service. ``(b) Placement, Construction, or Modification of Telecommunications Service Facilities.-- ``(1) Prohibition on unreasonable discrimination among providers of functionally equivalent services.--The regulation of the placement, construction, or modification of a telecommunications service facility by any State or local government or instrumentality thereof shall not unreasonably discriminate among providers of functionally equivalent services. ``(2) Timeframe to grant or deny requests.-- ``(A) In general.--A State or local government or instrumentality thereof shall grant or deny a complete request for authorization to place, construct, or modify a telecommunications service facility not later than-- ``(i) if the request is for authorization to place, construct, or modify such facility in or on eligible support infrastructure, 90 days after the date on which the complete request is received by the government or instrumentality; or ``(ii) for any other action relating to such facility, 150 days after the date on which the complete request is received by the government or instrumentality. ``(B) Applicability.--The applicable timeframe under subparagraph (A) shall apply collectively to all proceedings required by a State or local government or instrumentality thereof for the approval of the request. ``(C) No tolling.--A timeframe under subparagraph (A) may not be tolled by any moratorium, whether express or de facto, imposed by a State or local government or instrumentality thereof on the consideration of any request for authorization to place, construct, or modify a telecommunications service facility. ``(D) Temporary waiver.--The Commission may temporarily waive the applicability of subparagraph (A) for not longer than a single 30-day period for any complete request upon a demonstration by a State or local government or instrumentality thereof that the waiver would be consistent with the public interest, convenience, and necessity. ``(3) Deemed granted.-- ``(A) In general.--If a State or local government or instrumentality thereof has neither granted nor denied a complete request within the applicable timeframe under paragraph (2), the request shall be deemed granted on the date on which the government or instrumentality receives a written notice of the failure from the requesting party. ``(B) Rule of construction.--In the case of a request that is deemed granted under subparagraph (A), the placement, construction, or modification requested in such request shall be considered to be authorized, without any further action by the government or instrumentality, beginning on the date on which such request is deemed granted under such subparagraph. ``(4) Written decision and record.--Any decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modify a telecommunications service facility shall be-- ``(A) in writing; and ``(B) supported by substantial evidence contained in a written record. ``(5) Fees.-- ``(A) In general.--Notwithstanding any other provision of law, a State or local government or instrumentality thereof may charge a fee that meets the requirements under subparagraph (B)-- ``(i) to consider a request for authorization to place, construct, or modify a telecommunications service facility; or ``(ii) for use of a right-of-way or a facility in a right-of-way owned or managed by the government or instrumentality for the placement, construction, or modification of a telecommunications service facility. ``(B) Requirements.--A fee charged under subparagraph (A) shall be-- ``(i) competitively neutral, technology neutral, and nondiscriminatory; ``(ii) publicly disclosed; ``(iii) calculated-- ``(I) based on actual and direct costs, such as costs for-- ``(aa) review and processing of requests; and ``(bb) repairs and replacement of-- ``(AA) components and materials resulting from and affected by the installation or improvement of telecommunications service facilities; or ``(BB) equipment that facilitates the installation or improvement of such facilities; and ``(II) using, for purposes of subclause (I), only costs that are objectively reasonable; and ``(iv) described to a requesting party in a manner that distinguishes between-- ``(I) nonrecurring fees and recurring fees; and ``(II) the use of facilities on which telecommunications service facilities are already located and those on which there are no telecommunications service facilities as of the date on which the complete request is received by the government or instrumentality. ``(c) Judicial Review.-- ``(1) In general.--Any person adversely affected by a final action or failure to act by a State or local government or instrumentality thereof that is inconsistent with this section may, not later than 30 days after the action or failure to act, commence an action in any court of competent jurisdiction. ``(2) Timing.--A court shall hear and decide an action described in paragraph (1) on an expedited basis. ``(d) Preservation of State Regulatory Authority.--Nothing in this section shall affect the ability of a State to impose, on a competitively neutral and nondiscriminatory basis and consistent with section 254, requirements necessary to preserve and advance universal service, protect the public safety and welfare, ensure the continued quality of telecommunications services, and safeguard the rights of consumers. ``(e) Preservation of State and Local Government Authority.-- Nothing in this section affects the authority of a State or local government or instrumentality thereof to manage the public rights-of- way or to require fair and reasonable compensation from telecommunications providers, on a competitively neutral and nondiscriminatory basis, for use of public rights-of-way on a competitively neutral and nondiscriminatory basis, if the compensation required meets the requirements of subsection (b)(5). ``(f) Preemption.-- ``(1) In general.--If, after notice and an opportunity for public comment, the Commission determines that a State or local government or instrumentality thereof has permitted or imposed any statute, regulation, or legal requirement that violates or is inconsistent with this section, the Commission shall preempt the enforcement of such statute, regulation, or legal requirement to the extent necessary to correct such violation or inconsistency. ``(2) Timing.--Not later than 60 days after receiving a petition for preemption of the enforcement of a statute, regulation, or legal requirement as described in paragraph (1), the Commission shall grant or deny the petition. ``(g) Commercial Mobile Service Providers.--Nothing in this section shall affect the application of section 332(c)(3) to commercial mobile service providers. ``(h) Rural Markets.--It shall not be a violation of this section for a State to require a telecommunications carrier that seeks to provide telephone exchange service or exchange access in a service area served by a rural telephone company to meet the requirements in section 214(e)(1) for designation as an eligible telecommunications carrier for that area before being permitted to provide such service. This subsection shall not apply-- ``(1) to a service area served by a rural telephone company that has obtained an exemption, suspension, or modification of section 251(c)(4) that effectively prevents a competitor from meeting the requirements of section 214(e)(1); and ``(2) to a provider of commercial mobile services. ``(i) When Request Considered Complete; Received.-- ``(1) When request considered complete.-- ``(A) In general.--For the purposes of this section, a request to a State or local government or instrumentality thereof shall be considered complete if the requesting party has not received a written notice from the government or instrumentality within 10 business days after the date on which the request is received by the government or instrumentality-- ``(i) stating that all the information (including any form or other document) required by the government or instrumentality to be submitted for the request to be considered complete has not been submitted; and ``(ii) identifying the information required to be submitted that was not submitted. ``(B) Definition.--In this paragraph, the term `received by the government or instrumentality' means-- ``(i) in the case of a request submitted electronically, on the date on which the request is transmitted; ``(ii) in the case of a request submitted in person, on the date on which the request is delivered to the individual or at the location specified by the government or instrumentality for in-person submission; and ``(iii) in the case of a request submitted in any other manner, on the date determined under regulations promulgated by the Commission for the manner in which the request is submitted. ``(2) When complete request considered received.--For the purposes of this section, a complete request shall be considered received on the date on which the requesting party submits to the government or instrumentality all information (including any form or other document) required by the government or instrumentality to be submitted for the request to be considered complete. ``(j) Definitions.--In this section: ``(1) Eligible support infrastructure.--The term `eligible support infrastructure' means infrastructure that supports or houses a facility for communication by wire (or is designed to and capable of supporting or housing such a facility) at the time when a complete request to a State or local government or instrumentality thereof for authorization to place, construct, or modify a telecommunications service facility in or on the infrastructure is received by the government or instrumentality. ``(2) Telecommunications service facility.--The term `telecommunications service facility' means a facility for the provision of any interstate or intrastate telecommunications service.''. <all>

BROADBAND Leadership Act

To amend the Communications Act of 1934 to streamline siting processes for telecommunications service facilities, and for other purposes.

BROADBAND Leadership Act Barriers and Regulatory Obstacles Avoids Deployment of Broadband Access and Needs Deregulatory Leadership Act

Rep. Griffith, H. Morgan

R

VA

H.R.1861

Agriculture and Food

Whole Milk for Healthy Kids Act of 2021 This bill revises requirements for milk provided by the National School Lunch Program of the Department of Agriculture (USDA). Currently, schools participating in the program must provide milk that is consistent with the most recent Dietary Guidelines for Americans; USDA regulations require milk to be fat-free or low-fat and allow only fat-free milk to be flavored. The bill removes these restrictions and instead permits schools to offer students whole, reduced-fat, low-fat, and fat-free flavored and unflavored milk.

To amend the Richard B. Russell National School Lunch Act to allow schools that participate in the school lunch program under such Act to serve whole milk. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Whole Milk for Healthy Kids Act of 2021''. SEC. 2. WHOLE MILK PERMISSIBLE. Section 9(a)(2)(A) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)(2)(A)) is amended to read as follows: ``(A) In general.--Lunches served by schools participating in the school lunch program under this chapter-- ``(i) shall offer students a variety of fluid milk; ``(ii) may offer students flavored and unflavored whole, reduced-fat, low-fat and fat- free fluid milk and lactose-free fluid milk; and ``(iii) shall provide a substitute for fluid milk for students whose disability restricts their diet, on receipt of a written statement from a licensed physician that identifies the disability that restricts the student's diet and that specifies the substitute for fluid milk.''. <all>

Whole Milk for Healthy Kids Act of 2021

To amend the Richard B. Russell National School Lunch Act to allow schools that participate in the school lunch program under such Act to serve whole milk.

Whole Milk for Healthy Kids Act of 2021

Rep. Thompson, Glenn

R

PA

S.3224

Transportation and Public Works

Supply Chain Emergency Response Act This bill directs the Maritime Administration to establish a program to provide grants to certain owners of cargo vessels to cover toll costs associated with rerouting cargo vessels from ports along the western seaboard of the United States through the Panama Canal to ports along the Gulf of Mexico and the eastern seaboard of the United States. To receive a grant, an owner of a cargo vessel shall submit documentation that such owner intends to reroute a cargo vessel and has the corresponding docking agreements. The bill allows states and localities to use COVID-19 relief funds for costs related to rerouting cargo vessels. Any marine terminal operator that is located along the western seaboard of the United States, and subject to the jurisdiction of the United States, may not collect port fees from a recipient of a grant who has rerouted a cargo vessel from such port due to the inability of such port to receive such vessel. Any individual who is a member of the Chinese Communist Party or any company owned, in whole or in part, by the Chinese Communist Party may not receive a grant under this bill.

To direct the Secretary of Transportation to establish a program to provide grants to owners of cargo vessels being rerouted from the western seaboard of the United States through the Panama Canal, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Supply Chain Emergency Response Act''. SEC. 2. EMERGENCY INCENTIVE PROGRAM FOR REROUTING CARGO VESSELS. (a) In General.--The Secretary of Transportation, acting through the Administrator of the Maritime Administration, shall establish a program to provide grants to eligible entities to cover toll costs associated with rerouting cargo vessels from ports along the western seaboard of the United States through the Panama Canal to ports along the Gulf of Mexico and the eastern seaboard of the United States. (b) Grant Amount.--A grant provided under this section shall be in an amount equal to the cost of the toll fees at the Panama Canal. (c) Documentation Required.--To receive a grant under this section, an eligible entity shall submit to the Administrator documentation that such eligible entity-- (1) had an agreement to dock a cargo vessel at a port along the western seaboard of the United States and intends to reroute such cargo vessel from such port through the Panama Canal to a port along the Gulf of Mexico or the eastern seaboard of the United States; and (2) has an agreement to dock such cargo vessel at such port along the Gulf of Mexico or the eastern seaboard of the United States. (d) Entities Ineligible for Grant.--Any individual who is a member of the Chinese Communist Party or any company owned, in whole or in part, by the Chinese Communist Party may not receive a grant under this section. (e) Definition of Eligible Entity.--In this section, the term ``eligible entity'' means the owner of a cargo vessel who intends to reroute such cargo vessel from a port along the western seaboard of the United States through the Panama Canal to a destination located in the United States. (f) Funding.--Notwithstanding any other provision of law, not more than $125,000,000 of the total amount of unobligated funds made available under the CARES Act (Public Law 116-136) may be used to carry out this section. SEC. 3. USE OF COVID RELIEF FUNDS TO OFFSET SHIPPING COSTS. Notwithstanding any other provision of law, a State or unit of local government may use any unobligated funds made available to such State or unit of local government under the CARES Act (Public Law 116- 136) for costs related to rerouting cargo vessels from the western seaboard of the United States to the eastern seaboard of the United States. SEC. 4. PROHIBITION ON COLLECTION OF PORT FEES. Any marine terminal operator (as defined in section 40102 of title 46, United States Code) that is located along the western seaboard of the United States, and subject to the jurisdiction of the United States, may not collect port fees from a recipient of a grant under section 2 that has rerouted a cargo vessel from such marine terminal operator due to the inability of such marine terminal operator to receive such vessel. SEC. 5. DEFINITION OF CARGO VESSEL. In this Act, the term ``cargo vessel'' has the meaning given such term in section 199.30 of title 46, Code of Federal Regulations (as in effect on the date of enactment of this Act). <all>

Supply Chain Emergency Response Act

A bill to direct the Secretary of Transportation to establish a program to provide grants to owners of cargo vessels being rerouted from the western seaboard of the United States through the Panama Canal, and for other purposes.

Supply Chain Emergency Response Act

Sen. Scott, Rick

R

FL

H.R.1049

Science, Technology, Communications

Expediting Federal Broadband Deployment Reviews Act This bill requires the National Telecommunications and Information Administration to establish an interagency strike force to increase specified agencies' prioritization of reviews for communications use authorizations on federal property. A communications use authorization is an easement, right-of-way, lease, license, or other authorization to locate or modify a communications facility on certain public land.

To require the Assistant Secretary of Commerce for Communications and Information to establish an interagency strike force to increase prioritization by the Department of the Interior and Department of Agriculture by senior management of the Department of the Interior and Department of Agriculture, or an organizational unit of reviews for communications use authorizations. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Expediting Federal Broadband Deployment Reviews Act''. SEC. 2. STRIKE FORCE. (a) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Energy and Commerce of the House of Representatives; (B) the Committee on Natural Resources of the House of Representatives; (C) the Committee on Commerce, Science, and Transportation of the Senate; and (D) the Committee on Environment and Public Works of the Senate. (2) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary of Commerce for Communications and Information. (3) Communications facility.--The term ``communications facility'' includes-- (A) any infrastructure, including any transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, associated with the licensed or permitted unlicensed wireless or wireline transmission of writings, signs, signals, data, images, pictures, and sounds of all kinds; and (B) any antenna or apparatus that-- (i) is designed for the purpose of emitting radio frequency; (ii) is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Commission or is using duly authorized devices that do not require individual licenses; and (iii) is added to a tower, building, or other structure. (4) Communications use.--The term ``communications use'' means the placement and operation of a communications facility. (5) Communications use authorization.--The term ``communications use authorization'' means an easement, right- of-way, lease, license, or other authorization to locate or modify a communications facility on covered land by the Department concerned for the primary purpose of authorizing the occupancy and use of the covered land for communications use. (6) Covered land.--The term ``covered land'' means-- (A) public land administered by the Secretary of the Interior; and (B) National Forest System land. (7) Department concerned.--The term ``Department concerned'' means the Department of the Interior or the Department of Agriculture. (8) Organization unit.--The term ``organizational unit'' means-- (A) with respect to public land administered by the Secretary of the Interior-- (i) a State office; (ii) a district office; or (iii) a field office; and (B) within the Forest Service-- (i) a regional office; (ii) the headquarters; (iii) a management unit; or (iv) a ranger district office. (9) Strike force.--The term ``Strike Force'' means the interagency strike force established in subsection (b)(1). (b) Strike Force.-- (1) Establishment.--Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall establish an interagency strike force to increase prioritization by the Department concerned, senior management of the Department concerned, or an organizational unit of reviews for communications use authorizations. (2) Duties.--In carrying out the prioritization under paragraph (1), the Strike Force shall-- (A) conduct periodic calls between members of the Strike Force relating to requests for communications use authorizations; and (B) monitor and facilitate accountability of the Department concerned and organizational units to meet objective and reasonable goals for the review of requests for communications use authorizations. (3) Members.--The Strike Force shall be composed of such representatives of Departments concerned as the Assistant Secretary considers appropriate, in addition to-- (A) the Assistant Secretary; (B) a representative of the Department concerned; (C) senior management of the Department concerned; and (D) the head of each organizational unit. (4) Report to congress.--Not later than 270 days after the date of enactment of this Act, the Strike Force shall submit to the appropriate committees of Congress a report on the effectiveness of the Strike Force in increasing the prioritization of reviews for communications use authorization requests. <all>

To require the Assistant Secretary of Commerce for Communications and Information to establish an interagency strike force to increase prioritization by the Department of the Interior and Department of Agriculture by senior management of the Department of the Interior and Department of Agriculture, or an organizational unit of reviews for communications use authorizations.

To require the Assistant Secretary of Commerce for Communications and Information to establish an interagency strike force to increase prioritization by the Department of the Interior and Department of Agriculture by senior management of the Department of the Interior and Department of Agriculture, or an organizational unit of reviews for communications use authorizations.

Official Titles - House of Representatives Official Title as Introduced To require the Assistant Secretary of Commerce for Communications and Information to establish an interagency strike force to increase prioritization by the Department of the Interior and Department of Agriculture by senior management of the Department of the Interior and Department of Agriculture, or an organizational unit of reviews for communications use authorizations.

Rep. Duncan, Jeff

R

SC

H.R.1743

International Affairs

Allied Burden Sharing Report Act of 2021 This bill directs the Department of Defense (DOD) to report to Congress on the contributions of allies to the common defense. Specifically, DOD must report on (1) the defense spending and military activities of certain countries with cooperative defense agreements with the United States, (2) whether a country places limits on the use of funds contributed to the common defense, and (3) any U.S. actions to minimize such limitations. The report shall cover each North Atlantic Treaty Organization (NATO) member state, each Gulf Cooperation Council member state, each country party to the Inter-American Treaty of Reciprocal Assistance (Rio Treaty), and other specified countries.

To require annual reports on allied contributions to the common defense, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Allied Burden Sharing Report Act of 2021''. SEC. 2. FINDING; SENSE OF CONGRESS. (a) Finding.--Congress finds that section 1003 of the Department of Defense Authorization Act, 1985 (Public Law 98-525; 63 Stat. 2241)-- (1) expresses the sense of Congress that, due to threats that are ever-changing, Congress must be informed with respect to allied contributions to the common defense to properly assess the readiness of the United States and the countries described in section 3(b) for threats; and (2) requires the Secretary of Defense to submit to Congress an annual report on the contributions of allies to the common defense. (b) Sense of Congress.--It is the sense of Congress that-- (1) the threats facing the United States-- (A) extend beyond the global war on terror; and (B) include near-peer threats; and (2) the President should seek from each country described in section 3(b) acceptance of international security responsibilities and agreements to make contributions to the common defense in accordance with the collective defense agreements or treaties to which such country is a party. SEC. 3. REPORTS ON ALLIED CONTRIBUTIONS TO THE COMMON DEFENSE. (a) In General.--Not later than March 1 each year, the Secretary, in coordination with the heads of other Federal agencies, as the Secretary determines to be necessary, shall submit to the appropriate committees of Congress a report containing a description of-- (1) the annual defense spending by each country described in subsection (b), including available data on nominal budget figures and defense spending as a percentage of the gross domestic products of each such country for the fiscal year immediately preceding the fiscal year in which the report is submitted; (2) the activities of each such country to contribute to military or stability operations in which the Armed Forces of the United States are a participant or may be called upon in accordance with a cooperative defense agreement to which the United States is a party; (3) any limitations placed by any such country on the use of such contributions; and (4) any actions undertaken by the United States or by other countries to minimize such limitations. (b) Countries Described.--The countries described in this subsection are the following: (1) Each member state of the North Atlantic Treaty Organization. (2) Each member state of the Gulf Cooperation Council. (3) Each country party to the Inter-American Treaty of Reciprocal Assistance (Rio Treaty), done at Rio de Janeiro September 2, 1947, and entered into force December 3, 1948 (TIAS 1838). (4) Australia. (5) Japan. (6) New Zealand. (7) The Philippines. (8) South Korea. (9) Thailand. (c) Form.--Each report under subsection (a) shall be submitted in unclassified form, but may contain a classified annex. (d) Availability.--A report submitted under subsection (a) shall be made available on request to any Member of Congress. SEC. 4. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. (2) Secretary.--The term ``Secretary'' means the Secretary of Defense. <all>

Allied Burden Sharing Report Act of 2021

To require annual reports on allied contributions to the common defense, and for other purposes.

Allied Burden Sharing Report Act of 2021

Rep. Green, Mark E.

R

TN

S.1974

Health

Strengthening America's Strategic National Stockpile Act of 2021 This bill makes changes to the administration and management of the Strategic National Stockpile. Among these changes, the bill requires the Department of Health and Human Services (HHS) to ensure the contents of the stockpile remain in working order. HHS may enter into maintenance service contracts to carry out this requirement. Furthermore, as part of its management of the stockpile, HHS must establish and maintain domestic reserves of certain supplies, including by entering into cooperative agreements or partnerships to access facilities and equipment to produce these supplies. The authority for such agreements and partnerships terminates on September 30, 2024. Additionally, the bill temporarily authorizes HHS to award grants to states for maintaining stockpiles of certain equipment and supplies for use during public health emergencies. HHS must also develop transparent processes for the use and distribution of supplies from the stockpile that address, for example, the prioritization of requests. Additionally, during the COVID-19 emergency, the Office of the Assistant Secretary for Preparedness and Response must report monthly on requests for supplies from states, tribes, and other jurisdictions. These reports must include the rationale for any partially fulfilled or denied requests. Lastly, the Government Accountability Office must study the feasibility of establishing user fees to offset costs for procuring single-source materials for, and distributing such materials from, the stockpile.

To amend the Public Health Service Act with respect to the Strategic National Stockpile, and for other 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 ``Strengthening America's Strategic National Stockpile 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. Equipment maintenance. Sec. 3. Supply chain flexibility manufacturing pilot. Sec. 4. GAO study on the feasibility and benefits of a user fee agreement. Sec. 5. Grants for State strategic stockpiles. Sec. 6. Action reporting. Sec. 7. Improved, transparent processes. Sec. 8. Authorization of appropriations. SEC. 2. EQUIPMENT MAINTENANCE. Section 319F-2 of the Public Health Service Act (42 U.S.C. 247d-6b) is amended-- (1) in subsection (a)(3)-- (A) in subparagraph (I), by striking ``; and'' and inserting a semicolon; (B) in subparagraph (J), by striking the period at the end and inserting a semicolon; and (C) by inserting the following new subparagraph at the end: ``(K) ensure contents of the stockpile remain in good working order and, as appropriate, conduct maintenance services on contents of the stockpile and dispose of contents that are no longer in working order; and''; and (2) in subsection (c)(7)(B), by adding at the end the following new clause: ``(ix) Equipment maintenance service.--In carrying out this section, the Secretary may enter into contracts for the procurement of equipment maintenance services.''. SEC. 3. SUPPLY CHAIN FLEXIBILITY MANUFACTURING PILOT. (a) In General.--Section 319F-2(a)(3) of the Public Health Service Act (42 U.S.C. 247d-6b(a)(3)), as amended by section 2, is further amended by adding at the end the following new subparagraph: ``(L) enhance medical supply chain elasticity and establish and maintain domestic reserves of critical medical supplies (including such personal protective equipment, ancillary medical supplies, and other applicable supplies required for the administration of drugs, vaccines and other biological products, and other medical devices (including diagnostic tests) as the Secretary, in consultation with the Public Health Emergency Medical Countermeasures Enterprise, determines appropriate) by-- ``(i) increasing or contracting emergency stock of critical medical supplies, as appropriate; ``(ii) geographically diversifying domestic production of such medical supplies, as appropriate; ``(iii) entering into cooperative agreements or partnerships with respect to manufacturing lines, facilities, and equipment for the domestic production of such medical supplies; and ``(iv) managing, either directly or through cooperative agreements with manufacturers and distributors, domestic reserves established under this subparagraph by refreshing and replenishing stock of such medical supplies.''. (b) Reporting; Sunset.--Section 319F-2(a) of the Public Health Service Act (42 U.S.C. 247d-6b(a)) is amended by adding at the end the following: ``(6) Reporting.--Not later than September 30, 2023, 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 on the details of each cooperative agreement or partnership entered into under paragraph (3)(L), including the amount expended by the Secretary on each such cooperative agreement or partnership. ``(7) Sunset.--The authority to enter into cooperative agreements or partnerships pursuant to paragraph (3)(L) shall cease to be effective on September 30, 2024.''. (c) Funding.--Section 319F-2(f) of the Public Health Service Act (42 U.S.C. 247d-6b(f)) is amended by adding at the end the following: ``(3) Supply chain elasticity.-- ``(A) In general.--For the purpose of carrying out subsection (a)(3)(L), there is authorized to be appropriated $500,000,000 for each of fiscal years 2022 through 2024, to remain available until expended. ``(B) Relation to other amounts.--The amount authorized to be appropriated by subparagraph (A) for the purpose of carrying out subsection (a)(3)(L) is in addition to any other amounts available for such purpose.''. SEC. 4. GAO STUDY ON THE FEASIBILITY AND BENEFITS OF A USER FEE AGREEMENT. (a) In General.--The Comptroller General of the United States shall conduct a study to investigate the feasibility of establishing user fees to offset certain Federal costs attributable to the procurement of single-source materials for the Strategic National Stockpile under section 319F-2 of the Public Health Service Act (42 U.S.C. 247d-6b) and distributions of such materials from the Stockpile. In conducting this study, the Comptroller General shall consider, to the extent information is available-- (1) whether entities receiving such distributions generate profits from those distributions; (2) any Federal costs attributable to such distributions; (3) whether such user fees would provide the Secretary with funding to potentially offset procurement costs of such materials for the Strategic National Stockpile, including an analysis of an overall estimate of such annual procurement costs; (4) whether funding certainty through regular appropriations would facilitate more appropriate long term investments and contracts related to the Strategic National Stockpile; and (5) any other issues the Comptroller General identifies as relevant. (b) Report.--Not later than February 1, 2024, the Comptroller General of the United States shall submit to Congress a report on the findings and conclusions of the study under subsection (a). SEC. 5. GRANTS FOR STATE STRATEGIC STOCKPILES. Title III of the Public Health Service Act is amended by inserting after section 319F-4 of such Act (42 U.S.C. 247d-6e) the following new section: ``SEC. 319F-5. GRANTS FOR STATE STRATEGIC STOCKPILES. ``(a) In General.--The Secretary may establish a pilot program consisting of awarding grants to States to expand or maintain a strategic stockpile of commercially available drugs, devices, personal protective equipment, and other products determined by the State to be essential in the event of a public health emergency. ``(b) Allowable Use of Funds.-- ``(1) Uses.--A State receiving a grant under this section may use the grant funds to-- ``(A) acquire commercially available products listed pursuant to paragraph (2) for inclusion in the State's strategic stockpile; ``(B) store, maintain, and distribute products in such stockpile; and ``(C) conduct planning in connection with such activities. ``(2) List.--The Secretary shall develop and publish a list of the products that are eligible, as described in subsection (a), for inclusion in a State's strategic stockpile using funds received under this section. ``(3) Consultation.--In developing the list under paragraph (2) and otherwise determining the allowable uses of grant funds under this section, the Secretary shall consult with States and relevant stakeholders, including public health organizations. ``(c) Funding Requirement.--The Secretary may not obligate or expend any funds to award grants or fund any previously awarded grants under this section for a fiscal year unless the total amount made available to carry out section 319F-2 for such fiscal year is equal to or greater than the total amount of funds made available to carry out section 319F-2 for fiscal year 2021. ``(d) Matching Funds.-- ``(1) In general.--With respect to the costs of expanding and maintaining a strategic stockpile through a grant under this section, as a condition on receipt of the grant, a State shall make available (directly) non-Federal contributions in cash toward such costs in an amount that is equal to not less than the amount of Federal funds provided through the grant. ``(2) Waiver.--The Secretary may waive the requirement of paragraph (1) with respect to a State for the first 2 years of the State receiving a grant under this section if the Secretary determines that such waiver is needed for the State to establish a strategic stockpile described in subsection (a). ``(e) Technical Assistance.--The Secretary shall provide technical assistance to States in establishing, expanding, and maintaining a stockpile described in subsection (a). ``(f) Annual Reports.--Each State receiving a grant under this section shall submit to the Secretary an annual report on the contents of its State stockpile, including any expansions or contractions in such contents over the past year. ``(g) Definition.--In this section, the term `drug' has the meaning given to that term in section 201 of the Federal Food, Drug, and Cosmetic Act. ``(h) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $3,500,000,000 for each of fiscal years 2022 through 2024, to remain available until expended. ``(i) Sunset.--The authority vested by this section terminates at the end of fiscal year 2024.''. SEC. 6. ACTION REPORTING. (a) In General.--The Secretary of Health and Human Services or the Assistant Secretary for Preparedness and Response, in consultation with the Administrator of the Federal Emergency Management Agency, shall-- (1) not later than 30 days after the date of enactment of this Act, issue a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives regarding all State, local, Tribal, and territorial requests for supplies from the Strategic National Stockpile related to COVID-19; and (2) not less than every 30 days thereafter through the end of the emergency period (as such term is defined in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b- 5(g)(1)(B))), submit to such committees an updated version of such report. (b) Reporting Period.-- (1) Initial report.--The initial report under subsection (a) shall address all requests described in such subsection made during the period-- (A) beginning on January 31, 2020; and (B) ending on the date that is 30 days before the date of submission of the report. (2) Updates.--Each update to the report under subsection (a) shall address all requests described in such subsection made during the period-- (A) beginning at the end of the previous reporting period under this section; and (B) ending on the date that is 30 days before the date of submission of the updated report. (c) Contents of Report.--The report under subsection (a) (and updates thereto) shall include-- (1) the details of each request described in such subsection, including-- (A) the specific medical countermeasures, devices, personal protective equipment, and other materials requested; and (B) the amount of such materials requested; and (2) the outcomes of each request described in subsection (a), including-- (A) whether the request was wholly fulfilled, partially fulfilled, or denied; (B) if the request was wholly or partially fulfilled, the fulfillment amount; and (C) if the request was partially fulfilled or denied, a rationale and public health assessment for such outcome. SEC. 7. IMPROVED, TRANSPARENT PROCESSES. (a) In General.--Not later than January 1, 2022, the Secretary of Health and Human Services shall develop and implement improved, transparent processes for the use and distribution of drugs, vaccines and other biological products, medical devices, and other supplies (including personal protective equipment, ancillary medical supplies, and other applicable supplies required for the administration of drugs, vaccines and other biological products, medical devices, and diagnostic tests) in the Strategic National Stockpile under section 319F-2 of the Public Health Service Act (42 U.S.C. 247d-6b) (in this section referred to as the ``Stockpile''). (b) Processes.--The processes developed under subsection (a) shall include-- (1) the form and manner in which States, localities, Indian Tribes, and territories are required to submit requests for supplies from the Stockpile; (2) the criteria used by the Secretary of Health and Human Services in responding to such requests, including the reasons for fulfilling or denying such requests; (3) what circumstances result in prioritization of distribution of supplies from the Stockpile to States, localities, Indian Tribes, or territories; (4) clear plans for future, urgent communication between the Secretary and States, localities, Indian Tribes, and territories regarding the outcome of such requests; and (5) any differences in the processes developed under subsection (a) for geographically related emergencies, such as weather events, and national emergencies, such as pandemics. (c) Classification.--The processes developed under subsection (a) shall be unclassified to the greatest extent possible consistent with national security. The Secretary of Health and Human Services may classify portions of such processes as necessary to protect national security. (d) Report to Congress.--Not later than January 1, 2022, the Secretary of Health and Human Services shall-- (1) submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives regarding the improved, transparent processes developed under this section; (2) include in such report recommendations for opportunities for communication (by telebriefing, phone calls, or in-person meetings) between the Secretary and States, localities, Indian Tribes, and territories regarding such improved, transparent processes; and (3) submit such report in unclassified form to the greatest extent possible, except that the Secretary may include a classified appendix if necessary to protect national security. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. Section 319F-2(f)(1) of the Public Health Service Act (42 U.S.C. 247d-6b(f)(1)) is amended by striking ``$610,000,000 for each of fiscal years 2019 through 2023'' and inserting ``$705,000,000 for each of fiscal years 2022 through 2024''. <all>

Strengthening America’s Strategic National Stockpile Act of 2021

A bill to amend the Public Health Service Act with respect to the Strategic National Stockpile, and for other purposes.

Strengthening America’s Strategic National Stockpile Act of 2021

Sen. Hassan, Margaret Wood

D

NH

H.R.1905

Health

Animals for Regulatory Fairness Act of 2021 or the AARF Act of 2021 This bill requires the Food and Drug Administration to allow an applicant for approval to market a new drug to use a non-animal test to demonstrate the safety and effectiveness of the drug if the non-animal test satisfies all other applicable requirements.

To amend the Federal Food, Drug, and Cosmetic Act to allow the sponsor of a drug to use a non-animal test as an alternative to an animal test for purposes of demonstrating the safety and effectiveness of a drug if such approach satisfies the requirements of the applicable statutes and regulations. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternatives to Animals for Regulatory Fairness Act of 2021'' or the ``AARF Act of 2021''. SEC. 2. FINDINGS. The Congress finds that-- (1) the Food and Drug Administration (in this section referred to as the ``FDA'') often requires pharmaceutical companies to conduct or commission testing on dogs and other animals to assess the safety or effectiveness of new drugs, even though such testing is inefficient, expensive, and ineffective; (2) the National Institutes of Health states, ``Approximately 30 percent of promising medications have failed in human clinical trials because they are found to be toxic despite promising preclinical studies in animal models. About 60 percent of candidate drugs fail due to lack of efficacy''; (3) current FDA nonbinding pharmaceutical testing guidelines support the use of alternatives to animal testing to improve the effectiveness and efficiency of drug development; (4) current FDA drug testing guidance for the pharmaceutical industry states, ``consideration should be given to use of new in vitro alternative methods for safety evaluation''; (5) the FDA's drug testing guidance for industry additionally states, ``alternative approaches . . . can also be used . . . . The use of any of these approaches can reduce overall animal use in drug development''; (6) the FDA writes that alternatives to animal testing, ``may help bring FDA-regulated products to market faster, with improved efficacy, or prevent products with increased toxicological risk from reaching the market. Also critical is the potential for these advances to replace, reduce, and/or refine animal testing''; (7) pharmaceutical companies are reducing animal testing by investing in the development and use of alternative methods, which studies show are often more effective and efficient than traditional animal use; (8) the FDA states, ``FDA encourages sponsors to consult with us if they wish to use a non-animal testing method they believe is suitable, adequate, validated, and feasible''; and (9) in some cases, drug manufacturers and sponsors have not been allowed by the FDA to use alternatives to animal testing to fulfill regulatory requirements, despite the FDA's support for this technology in its industry guidance document. SEC. 3. ALTERNATIVES TO ANIMAL TESTS. Section 505 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 355) is amended by adding at the end the following new subsection: ``(z) Alternatives to Animal Tests.--The Secretary shall allow the sponsor of a drug to use a non-animal test as an alternative to an animal test for purposes of demonstrating the safety and effectiveness of a drug under this section if such approach satisfies the requirements of the applicable statutes and regulations.''. <all>

Alternatives to Animals for Regulatory Fairness Act of 2021

To amend the Federal Food, Drug, and Cosmetic Act to allow the sponsor of a drug to use a non-animal test as an alternative to an animal test for purposes of demonstrating the safety and effectiveness of a drug if such approach satisfies the requirements of the applicable statutes and regulations.

AARF Act of 2021 Alternatives to Animals for Regulatory Fairness Act of 2021

Rep. Boyle, Brendan F.

D

PA

H.R.4465

Government Operations and Politics

Federally Funded Research and Technology Development Protection Act This bill addresses issues of transparency and accountability in federal grant-making to safeguard federally funded research and technology development. Specifically, the Office of Management and Budget must (1) require that any agency that makes a federal grant maintains compliance operations to guard against malign foreign talent recruitment programs, and (2) prescribe standardized disclosure and accountability measures to support such operations. Malign foreign talent recruitment is defined as an effort organized, managed, or funded by a foreign government to recruit any individual or public or private entity engaged in research funded by a federal agency to share information with, or otherwise act on behalf of, such government.

To enhance transparency and accountability measures in Federal grantmaking to safeguard federally funded research and technology 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 ``Federally Funded Research and Technology Development Protection Act''. SEC. 2. ENHANCED SAFEGUARDS AGAINST FOREIGN PROCUREMENT OF FEDERALLY FUNDED RESEARCH AND TECHNOLOGY DEVELOPMENT. (a) Enhanced Review Required.--Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall-- (1) require that any agency that makes a Federal grant maintains compliance operations to guard against malign foreign talent recruitment programs; and (2) prescribe standardized disclosure and accountability measures to support such compliance operations. (b) Definitions.--In this section: (1) Agency.--The term ``agency'' has the meaning given that term in section 551 of title 5, United States Code. (2) Malign foreign talent recruitment program.--The term ``malign foreign talent recruitment program'' means an effort directly or indirectly organized, managed, or funded by a foreign government to recruit any individual or public or private entity (regardless of citizenship, national origin, or primary headquarters) engaged in research funded directly or indirectly by a Federal agency to share information with, or otherwise act on behalf of, such foreign government. <all>

Federally Funded Research and Technology Development Protection Act

To enhance transparency and accountability measures in Federal grantmaking to safeguard federally funded research and technology development, and for other purposes.

Federally Funded Research and Technology Development Protection Act

Rep. Lynch, Stephen F.

D

MA

H.R.5512

Science, Technology, Communications

Reviewing and Updating Regional And Local Broadband Mapping Act or the RURAL Broadband Mapping Act This bill requires the Federal Communications Commission (FCC) to temporarily accept broadband mapping data from a state to use in applications for funding with respect to the deployment of broadband internet access service in the state if the state data is superior to the data used by the FCC. This requirement applies until the FCC has completed certain broadband maps that are required under current law.

To amend the Communications Act of 1934 to provide a transitional option to permit States to submit their own mapping data to use for any broadband-related funding 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 ``Reviewing and Updating Regional And Local Broadband Mapping Act'' or the ``RURAL Broadband Mapping Act''. SEC. 2. TRANSITIONAL MAP OPTION FOR THE FORM 477 PROCESS. Section 802(b)(6) of the Communications Act of 1934 (47 U.S.C. 642(b)(6)) is amended by adding at the end the following new subparagraph: ``(C) Transitional state map option.-- ``(i) In general.--Not later than 60 days after the date of enactment of this subparagraph, the Commission shall accept the submission of broadband mapping data from a State to use for any application for funding with respect to the deployment of broadband internet access service in such State where such application requires the use of Form 477 data, if the Commission determines the data from the State is superior than the broadband mapping data used by the Commission. ``(ii) Termination.--The requirement under clause (i) shall terminate on the day on which the Commission determines that the Commission has created all maps required by subsection (c).''. <all>

RURAL Broadband Mapping Act

To amend the Communications Act of 1934 to provide a transitional option to permit States to submit their own mapping data to use for any broadband-related funding program, and for other purposes.

RURAL Broadband Mapping Act Reviewing and Updating Regional And Local Broadband Mapping Act

Rep. Clyde, Andrew S.

R

GA

S.4436

Immigration

Advanced Border Coordination Act of 2022 This bill requires the Department of Homeland Security to establish at least two Joint Operations Centers along the U.S.-Mexico border. The centers shall provide centralized operations hubs for (1) coordinating operations between federal, state, local, and tribal agencies as needed; and (2) coordinating and supporting border operations, including detecting criminal activity, including activity related to transnational criminal organizations and illegal border crossings.

To establish Joint Operations Centers along the southern border of the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Advanced Border Coordination Act of 2022''. SEC. 2. DEFINITIONS. In this Act: (1) Centers.--The term ``Centers'' means the Joint Operations Centers established under section 3(a). (2) Department.--The term ``Department'' means the Department of Homeland Security. (3) Participating federal agency.--The term ``participating Federal agency'' means-- (A) the Department; (B) the Department of Defense; (C) the Department of Justice; and (D) any other Federal agency as the Secretary determines appropriate. (4) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (5) State.--The term ``State'' means each State of the United States, the District of Columbia, and any territory or possession of the United States. SEC. 3. ESTABLISHMENT OF JOINT OPERATIONS CENTERS. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Department shall establish not less than 2 Joint Operations Centers along the southern border of the United States to provide unified coordination centers, where law enforcement from multiple Federal, State, local, and Tribal agencies can collaborate in accordance with the purposes described in subsection (b). (b) Matters Covered.--The Centers shall provide centralized operations hubs for matters related to the following: (1) Implementing coordination and communication for field operations between participating Federal, State, local, and Tribal agencies, as needed. (2) Coordinating operations across participating Federal, State, local, and Tribal agencies, as needed, including ground, air, and sea or amphibious operations. (3) Coordinating and supporting border operations, including deterring and detecting criminal activity related to-- (A) transnational criminal organizations; (B) illegal border crossings; (C) the seizure of weapons; (D) the seizure of drugs; (E) the seizure of high valued property; (F) terrorism; (G) human trafficking; (H) drug trafficking; and (I) such additional matters as the Secretary considers appropriate. (c) Information Sharing.--To ensure effective transmission of information between participating Federal, State, local, and Tribal agencies, for purposes of subsection (b), coordination and communication shall include-- (1) Federal agencies sharing pertinent information with participating State, local, and Tribal agencies through the Centers; and (2) Federal agencies notifying participating State, local, and Tribal agencies of operations occurring within the jurisdictions of those agencies. (d) Workforce Capabilities.--The Centers shall-- (1) track and coordinate deployment of participating personnel; and (2) coordinate training, as needed. SEC. 4. REPORT. Not later than 1 year after enactment of this Act, and annually thereafter, the Secretary shall consult with participating Federal agencies, and shall seek feedback from participating State, local, and Tribal agencies, to report to Congress-- (1) a description of the efforts undertaken to establish the Centers; (2) an identification of the resources used for the operations of the Centers; (3) a description of the key operations coordinated and supported by each Center; (4) a description of any significant interoperability and communication gaps identified between participating Federal, State, local, and Tribal agencies within each Center; (5) recommendations for improved coordination and communication between participating Federal agencies in developing and operating current and future Centers; and (6) other data as the Secretary determines appropriate. <all>

Advanced Border Coordination Act of 2022

A bill to establish Joint Operations Centers along the southern border of the United States, and for other purposes.

Advanced Border Coordination Act of 2022

Sen. Cortez Masto, Catherine

D

NV

H.R.2180

Armed Forces and National Security

Redirecting Resources to the Border Act This bill addresses the relocation of personnel and fencing deployed in the National Capital Region in response to the January 6, 2021, attacks on the U.S. Capitol building and grounds. Specifically, the bill requires all fencing installed in response to the attacks to be relocated to the southern land border of the United States. The Department of Defense must reassign National Guard members who were deployed in response to the attacks to the National Capital Region on or after January 6, 2021, to the southern land border of the United States to assist U.S. Customs and Border patrol.

To relocate fencing around the Capitol Buildings and the United States Capitol Grounds, and to direct the Secretary of Defense to reassign members of the National Guard deployed to the National Capital Region to the southern land border of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Redirecting Resources to the Border Act''. SEC. 2. RELOCATION OF FENCING AROUND THE CAPITOL BUILDINGS AND THE UNITED STATES CAPITOL GROUNDS; REASSIGNMENT OF MEMBERS OF THE NATIONAL GUARD DEPLOYED TO THE NATIONAL CAPITAL REGION. (a) Fencing.--Not later than 30 days after the date of the enactment of this Act, all covered fencing shall be relocated to the southern land border of the United States. (b) National Guard.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall reassign covered members to support U.S. Customs and Border Protection in securing the southern land border of the United States. (c) Definitions.--In this section: (1) The term ``covered duty'' means duty performed-- (A) in the National Capital Region; and (B) in support of the mission in response to the attacks on January 6, 2021, on the Capitol Buildings and the United States Capitol Grounds (described in sections 5101 and 5102 of title 40, United States Code). (2) The term ``covered fencing'' means fencing installed on or after January 6, 2021, around-- (A) the perimeter of any of the Capitol Buildings described in section 5101 of title 40, United States Code; or (B) the perimeter of the United States Capitol Grounds, or any portion thereof, described in section 5102 of such title. (3) The term ``covered member'' means a member of the National Guard deployed to the National Capital Region-- (A) on or after January 6, 2021; and (B) to perform covered duty. (4) The term ``National Capital Region'' has the meaning given that term in section 2674 of title 10, United States Code. <all>

Redirecting Resources to the Border Act

To relocate fencing around the Capitol Buildings and the United States Capitol Grounds, and to direct the Secretary of Defense to reassign members of the National Guard deployed to the National Capital Region to the southern land border of the United States.

Redirecting Resources to the Border Act

Rep. Weber, Randy K., Sr.

R

TX

H.R.7231

Finance and Financial Sector

Electronic Currency And Secure Hardware Act or the ECASH Act This bill requires the Department of the Treasury to support the development of an electronic dollar. The electronic dollar must be The bill also provides for privacy requirements applicable to any hardware device used for electronic dollar transactions. Merchants who accept physical currency and the federal government must accept electronic dollars as a form of payment. The bill also establishes Finally, the bill provides for the establishment of a Treasury Electronic Currency Innovation Fund Account to carry out related programs.

To direct the Secretary of the Treasury to develop and pilot digital dollar technologies that replicate the privacy-respecting features of physical cash. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Currency And Secure Hardware Act'' or the ``ECASH Act''. SEC. 2. DEFINITIONS. In this Act: (1) ECIP.--The term ``ECIP'' means the Electronic Currency Innovation Program established under section 4. (2) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. SEC. 3. ELECTRONIC DOLLAR. (a) Establishment.--The Secretary of the Treasury shall promote and facilitate the development and deployment of an electronic version of the United States dollar for use by the general public that replicates and preserves the privacy, anonymity-respecting, and minimal transactional data-generating properties of physical currency instruments such as coins and notes to the greatest extent technically and practically possible. (b) Electronic Dollar Requirements.--The electronic dollar described under subsection (a) shall be-- (1) known as ``e-cash''; (2) payable to bearer; (3) legal tender, as described in section 5103 of title 31, United States Code; (4) an obligation of the United States, as described in section 8 of title 18, United States Code; (5) created and issued into circulation by the Department of the Treasury, in such quantities, denominations, and technical forms as the Secretary, in the Secretary's discretion, determines to be appropriate; (6) distributed directly to, and capable of being owned, held, and used directly by, the general public; (7) capable of instantaneous, final, direct, peer-to-peer, offline transactions using secured hardware devices that do not involve or require subsequent or final settlement on or via a common or distributed ledger, or any other additional approval or validation by the United States Government or any other third-party payments processing intermediary; (8) inter-operable with all existing financial institution and payment provider systems and generally accepted payments standards and network protocols, as well as other public payments programs, including the U.S. Debit Card and Digital Pay Program and the EagleCash card program of the Department of the Treasury and any other digital dollar or public banking products; (9) classified and regulated in a manner similar to physical currency for the purposes of anti-money laundering, know-your-customer, counter-terrorism, and transaction reporting laws, and thus not subject to third-party exemptions to a reasonable expectation of privacy; (10) designed, issued, and administered to be consistent with-- (A) the statutory objectives articulated in subsection (c), as well as any rules, standards, and criteria enacted to further those objectives; (B) the consumer protections articulated in subsection (d), as well as any rules, standards, and criteria enacted to further those protections; and (C) any and all other technical and policy criteria established by this Act or by the Secretary or Director under the authority granted to them under this Act; (11) distinguishable from other forms of electronic currency issued by or on behalf of the United States Government, including any such forms that-- (A) are issued by a department, branch, agency, or instrumentality of the United States Government other than the Department of the Treasury, including such forms of ``central bank digital currency'' as may be issued by the Board of Governors of the Federal Reserve System or its designated agents; (B) are legally classified as an account balance or any other kind of financial instrument not payable to bearer or that otherwise require identification and account or device registration to hold, access, or use; (C) are not distributed directly to, or otherwise capable of being owned, held, or used directly by, the general public; (D) fail to replicate and preserve the privacy, anonymity-respecting, and minimal transactional data- generating properties of physical currency instruments such as coins and paper notes to the greatest extent technically and practically possible; and (12) not included in calculations of public debt subject to limit under section 3101 of title 31, United States Code. (c) Statutory Objectives.--The Secretary shall promulgate and enforce rules, standards, and criteria pertaining to the development and implementation of e-cash instruments, devices, technologies, platforms, and supporting and enabling infrastructure, as well as the issuance, dissemination, circulation, storage, and use of e-cash balances, including use in transactions, in such a manner and to such an extent as the Secretary determines to be necessary or appropriate to achieve the objectives of this Act, subject to the following conditions: (1) Ownership.--The Secretary shall require that any and all e-cash instruments are capable of being owned, held, and used directly by the general public via widely available hardware devices, without the necessary involvement of third- party custodial or payment processing intermediaries. (2) Privacy.--The Secretary shall require that any hardware device authorized to hold or otherwise facilitate transactions involving e-cash shall be secured locally via cryptographic encryption and other appropriate technologies, and shall not contain or be subject to any surveillance, personal identification or transactional data-gathering, or censorship- enabling backdoor features. (3) Universality.--The Secretary shall prioritize wherever possible technologies, practices, and programs that promote universal access and usability, particularly for-- (A) individuals with disabilities, including visual impairment; (B) low-income individuals; and (C) communities with limited access to the internet or telecommunications networks. (4) Inclusion.--The Secretary shall take into consideration the unique needs and circumstances of marginalized communities and populations that have historically been excluded from or otherwise prevented from taking full advantage of traditional and current financial institutions and payment services. (5) Transparency.--The Secretary shall seek out and prioritize wherever practically feasible the use of hardware and software technologies issued under open-source licenses, and shall further require that all publicly funded research and technology be released under a suitable open-source license and made available for study and review by the scientific community and the general public, except to the extent that doing so would undermine or impair the security and integrity of e-cash devices or instruments. (d) Consumer Protections.-- (1) Fees.--The Government may charge reasonable prices when selling e-cash-compatible hardware (henceforth ``e-cash devices'') directly to the public, provided such prices are proportionate to, and not unduly in excess of, actual production and administration costs, but may in no instance impose fees or other charges for holding, receiving, sending, or otherwise transacting with e-cash balances using such devices. (2) Solicited issuance of e-cash hardware devices.--The Government or an authorized e-cash distributor may issue an e- cash device to a member of the public only in response to an oral or written request for such device. (3) Solicited issuance of e-cash balances.--The Government or an authorized e-cash distributor may issue e-cash instruments to a user only in response to an oral or written request to receive funds in the form of e-cash, and any such requested funds shall be capable of being-- (A) received in the form of an increase in the available balance of an existing e-cash device or as a balance on a newly issued e-cash device; and (B) paid for, to the extent such instruments shall be paid for, through delivery of physical currency or demand deposits at an interoperable exchange terminal. (4) Disclosures by e-cash distributors.-- (A) In general.--Disclosures by the United States Government and any third-party authorized to distribute e-cash devices or balances regarding usage, fees, interoperability, security, privacy, data collection, error resolution, and any other terms considered relevant by the Bureau of Consumer Financial Protection shall be clear and readily understandable, in writing, and in a form the e-cash instrument bearer can reasonably maintain. (B) Form of disclosures.--Disclosures described under subparagraph (A) may be provided to the consumer in offline electronic form, subject to compliance with the consumer-consent and other applicable provisions of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001 et seq.). (5) Liability of issuers for unauthorized transfers.-- Neither the issuing entity nor any other Government agencies or approved e-cash distributors shall be held liable for unauthorized transfer of e-cash balances, so long as the appropriate disclosures and protections described in this Act are made. (6) Fees by merchants.--It shall be unlawful for the United States Government, authorized e-cash distributors, or any other person to impose a service fee or an interchange fee, or other processing fee or surcharge, for the use of e-cash in payments or purchases. (7) Bankruptcy.--E-cash instruments and balances shall be considered exempt property equivalent to physical currency for the purposes of Chapter 7 Bankruptcy proceedings. (8) Transactional reporting.--Under no circumstance, regardless of the particular technology involved, shall any transaction data generated by e-cash payments be collected, monitored, or retained by the United States Government, an authorized e-cash distributor, or any other counterparty except via the exemptions provided by this Act. (9) Preemption of inconsistent state laws.--State consumer laws are pre-empted unless the Director of the Bureau of Consumer Financial Protection determines, upon the Director's own motion or upon the request of a State government, but ultimately in the Director's sole discretion, that a State's consumer protection laws are not pre-empted. (e) Requirement To Accept E-Cash.-- (1) Federal government.--The Federal Government shall-- (A) accept e-cash for any payment to the Federal Government, including payments for taxes, fines, and fees; and (B) upon request, provide any Federal Government benefit in the form of e-cash. (2) Products and services.--Any person selling products or services that accepts physical currency as a form of payment shall also accept e-cash as a form of payment to the extent it is practically feasible and reasonable to do so. (f) Illicit Flows.-- (1) Presumption of legitimate use.--Under no condition shall the acquisition, possession, or use of e-cash devices, instruments, and balances under the parameters established by this Act be treated as prima facie or intrinsic evidence of criminal activity or intent, nor be established as a predicate offense or factor in crimes not specified in or under the authority established by this Act. (2) Including under the bank secrecy act.-- (A) In general.--Section 5312(a)(3) of title 31, United States Code, is amended-- (i) in subparagraph (C), by striking ``and'' at the end; (ii) by redesignating subparagraph (D) as subparagraph (E); (iii) by inserting after subparagraph (C) the following: ``(D) e-cash, as defined under section 3 of the ECASH Act; and''; and (iv) in subparagraph (E), as so redesignated, by striking ``subparagraph (A), (B), or (C)'' and inserting ``subparagraph (A), (B), (C), or (D)''. (B) Amendments to dollar thresholds.--At any time, the Director of ECIP may increase the value thresholds applicable to e-cash for any reporting requirement under subchapter II of chapter 53 of title 31, United States Code, but may at no time decrease such value thresholds. (g) Systemic Liquidity.--The Board of Governors of the Federal Reserve System shall take appropriate measures to ensure that the implementation and adoption of e-cash does not disrupt or substantially impact the general availability or cost of liquidity for depository institutions, credit unions, or community development financial institutions, or their capacity to extend credit and other financial services to underserved populations, as described under the Community Reinvestment Act of 1977, and any other applicable Federal and State laws, however such measures may in no way impair, restrict, or otherwise limit the ability of the public to access, hold, and use e- cash. SEC. 4. ELECTRONIC CURRENCY INNOVATION PROGRAM. (a) In General.--The Secretary shall establish the Electronic Currency Innovation Program to direct, oversee, coordinate, and harmonize the development, implementation, maintenance, and regulation of e-cash instruments, devices, technologies, platforms, and supporting and enabling infrastructure in accordance with the technical and policy criteria established by this Act. (b) Director.-- (1) Appointment.-- (A) In general.--The head of the ECIP shall be the Director, who shall be appointed by the President, by and with the advice and consent of the Senate. (B) Term.--The term of the Director is 5 years. (C) Removal.--The President may remove the Director from office. On removal, the President shall send a message to the Senate giving the reasons for removal. (D) Interim director.--When a Director has not yet been confirmed or appointed, the Secretary may, subject to the consent of the President, appoint an Interim Director, who shall enjoy the full powers and privileges of the Director as established under this Act until such time as a permanent Director is confirmed and appointed. In the event neither a Director or Interim Director is appointed, all responsibilities and duties assigned to the Director under this Act shall be assumed by the Secretary. (2) Duties and powers.--The duties and powers of the Director are as follows: (A) Promote innovation in, and ensure the successful implementation and widespread adoption of, e-cash instruments, devices, technologies, platforms, and supporting and enabling infrastructure in accordance with this Act, by-- (i) directing, conducting, sponsoring, and publishing research; (ii) generating, collecting, analyzing, and publishing data; (iii) acquiring, developing, disseminating, and sharing open-access technologies and technical knowledge; (iv) developing and administering e-cash pilot programs, both individually and in partnership with other actors and entities that the Secretary determines appropriate; (v) promulgating, and enforcing rules, objectives, standards, and criteria pertaining to the development and implementation of e-cash instruments, devices, technologies, platforms, and supporting and enabling infrastructure, as well as the issuance, dissemination, circulation, storage, and use of e-cash, including its use in transactions; (vi) coordinating with other actors, including other departments, branches, agencies, and instrumentalities of the United States Government, as well as State, local, and foreign governments and international regulatory bodies, in furtherance of the general goals of this Act; and (vii) developing and disseminating public educational materials and conducting public educational campaigns to foster awareness and understanding of e-cash and its economic and social significance in the broader monetary system. (B) Such other duties and powers as the Secretary may delegate or prescribe. (c) Staff, Equipment, and Facilities.--The Director shall be authorized to hire staff, purchase equipment, and rent or acquire facilities as the Director determines to be appropriate to achieve the goals and objectives established under this Act, subject to the approval of the Secretary. (d) Pilot Programs.-- (1) Establishment.-- (A) In general.--Not later than 90 days after the enactment of this Act, the Director shall initiate a two-phase e-cash pilot program in anticipation of general deployment of e-cash to the public not later than forty-eight months after the date of enactment of this Act. (B) Phase 1.--Phase 1 of the pilot program shall consist of not less than three distinct pilots (in this section referred to as ``Proof-of-Concept Pilots''), each of which shall launch no later than 180 days after the date of enactment of this Act, and run for no longer than 360 days thereafter. (C) Phase 2.--Phase 2 of the pilot program shall consist of at least one large-scale deployment to a segment of the public (in this section referred to as ``Field Test Pilots''), which shall launch no later than 2 years after the enactment of this Act, and run for no longer than 2 years thereafter. (D) Extension of timelines for pilot programs.--The timelines for the implementation of the two phases of the e-cash pilot program described in this paragraph may be extended upon a determination by the Director that such an extension is necessary to ensure the security and integrity of the technologies to be piloted in the program. (2) Administration.-- (A) In general.--The pilot programs shall be administered by the Director, in coordination with the Digital Dollar Council, and subject to the ongoing oversight and review of the Monetary Privacy Board. (B) Proof-of-concept pilots.--Proof-of-Concept Pilots may be conducted-- (i) in partnership with one or more universities, non-profit entities, insured financial institutions, non-bank payment providers aimed at promoting financial inclusion, technology-focused financial firms and companies, financial technology companies, or foreign central banks; and (ii) through, or in partnership with, any existing Federal, State, or local government fund disbursement and payments program, including those that rely on the U.S. Debit Card and Digital Pay Program, the EagleCash Card program, or any other payments technology offered by or in partnership with the Bureau of the Fiscal Service of the Department of the Treasury. (C) Field test pilots.--Field Test Pilots may be conducted in partnership with any entity capable of partnering for a Proof-of-Concept Pilot, as well as other departments, branches, agencies, and instrumentalities of the United States Government, or State, local, and foreign governments and international regulatory bodies. (3) Objectives.--The objectives of the pilot programs are to test the viability and capacity of various forms of e-cash technologies to-- (A) preserve the privacy, anonymity-respecting, and minimal transactional data-generating properties of physical currency instruments such as coins and notes to the greatest extent technically and practically possible; (B) enforce total balance and transactional activity limits on a per-device basis without rendering such devices vulnerable to surveillance or censorship by third parties including the United States Government; (C) deploy rapidly, securely, and efficiently on a mass scale; and (D) maintain ease of use and interoperability with existing financial institution and payment provider systems, as well as any other digital dollar products. (4) Parameters and constraints.-- (A) All technologies selected for Proof-of-Concept Pilots and Field Test Pilots shall be-- (i) designed as bearer instruments; (ii) capable of instantaneous, final, direct, peer-to-peer, offline transactions; and (iii) capable of being distributed directly to, and owned, held, and used directly by, the general public. (B) At least two technologies selected for Proof- of-Concept Pilots shall be based on secured hardware- based architectures for the purposes of creation, distribution, holding, and payment that do not involve any common or distributed ledger. (C) At least one technology selected for Proof-of- Concept Pilots shall include a stored-value or pin card option for storage and payment of e-cash. (D) At least one technology selected for Proof-of- Concept Pilots shall include a cell phone or SIM card option for storage and payment of e-cash. (E) All technologies selected for Field Test Pilots shall have or at a minimum be capable of incorporating stored-value card functionality. (5) Special tender authority.--In order to facilitate and promote the effectiveness of the pilot programs, the Secretary may grant special recognition of prototypical e-cash instruments issued under a pilot program as legal tender, and direct the Board of Governors of the Federal Reserve System, other departments, branches, agencies, and instrumentalities of the United States Government, any other federally regulated financial institution to accept such prototypical e-cash instruments in settlement of outstanding obligations on an at- par basis. (6) Reporting.--Not later than 180 days after the date on which each phase of the pilot programs terminates, the Secretary shall submit to Congress a report regarding that phase of the pilot programs, which shall-- (A) include-- (i) a description of which elements of the pilot programs were successful and which were unsuccessful; (ii) recommendations regarding legislative changes to the pilot programs and related authority under this Act and elsewhere; and (iii) recommendations for additional pilots and revisions to the pilot program; and (B) make the nonsensitive analytical data available for public review and comment. SEC. 5. DIGITAL DOLLAR COUNCIL. (a) In General.--The Secretary shall establish the Digital Dollar Council (in this section referred to as ``the Council'') to coordinate the Secretary's ECIP-related activities with the efforts of other bureaus of the Department of the Treasury and other departments, branches, agencies, and instrumentalities of the United States Government, including the Board of Governors of the Federal Reserve System and the United States Postal Service. (b) Membership.--The Council shall be comprised of the Secretary, the Director of ECIP, the Chairman of the Board of Governors of the Federal Reserve System, the Postmaster General of the United States Postal Service, the Director of the Office of Science and Technology Policy, the Chief Technology Officer of the United States, and the Director of the National Institute of Standards and Technology, and any other Federal employees or representatives of Federal agencies as the Secretary, in the Secretary's discretion, determines to be appropriate. (c) Leadership.--The head of the Council shall be the Secretary, however, the Secretary may, at the Secretary's discretion, delegate administrative and decision-making responsibility to the Director. (d) Authority.--The Council shall have the power to redeploy personnel and resources among the various participating agencies, as well as establish or amend any rules and regulations promulgated by any participating agencies to the extent the Council determines such actions to be necessary to achieve the goals and objectives established under this Act. (e) Jurisdiction.--Nothing in this section shall be construed as taking away any powers heretofore or otherwise vested by law in the Secretary, and wherever any power vested in the Council appears to conflict with the powers vested in the Secretary under this Act, such powers shall be exercised subject to the supervision and control of the Secretary. (f) Joint Report.--Beginning 180 days after the date of enactment of this Act, and each 180 days thereafter, the Council and the National Institute for Standards and Technology shall issue a joint report to the Congress detailing a plan to achieve full interoperability with existing public and private payments systems within 1 year. SEC. 6. MONETARY PRIVACY BOARD. (a) In General.--There is established a Monetary Privacy Board (in this section referred to as ``the Board''). (b) Membership.-- (1) In general.--The Board shall be comprised of 5 members, appointed by the President, by and with the advice and consent of the Senate. (2) Chair.--The President shall appoint one member of the Board as the Chair of the Board. Except as provided under subsections (c) and (e), the Chair shall-- (A) make all decisions of the Board with respect to staffing, hiring, and budget allocation; and (B) conduct the meetings of the Board. (3) Term.--The term of each member of the Board is 3 years. (4) Removal.--The President may remove a member of the Board from office. On removal, the President shall send a message to the Senate giving the reasons for removal. (5) Interim members.--When a vacancy on the Board remains open for more than three months, the President may appoint an interim member to fill that vacancy. Interim members shall enjoy the full powers and privileges of a full member until such time as a permanent member is appointed and confirmed. (c) Member Offices.--Each member of the Board shall be entitled to spend 5 percent of the budget of the Board on the personal office and staff of the member. (d) Duties and Powers.-- (1) In general.--The Board shall review the actions and decisions of the Secretary, the Director of ECIP, and ECIP generally on an ongoing basis to evaluate the extent to which their decisions are consistent with their statutory responsibilities under this Act, and more broadly, a general commitment to preserving the privacy interests of individuals and actors that use e-cash and other forms of digital dollar technologies issued or administered by the United States Government. (2) Semi-annual report.--The Board shall issue a report to Congress no less than twice per year-- (A) detailing its findings from its ongoing review process; (B) providing an assessment of the general state of monetary privacy in the United States; and (C) offering recommendations for how to better protect civil liberties and individual privacy interests through legislative and regulatory reform. (3) Interim reports.--The Board, or one or more members thereof, may publish interim reports or any other communication at any time at their discretion, provided such reports and communications are clearly distinguished from the reports required under paragraph (2), and the particular authors and co-signatories are clearly indicated. (e) Funding Authority.--The Board shall submit an annual budget request to the Secretary, and the Secretary shall transfer the requested amount to the Board, using the authorities provided under section 7(b), unless the Secretary determines that the amount is unreasonable in light of the Board's duties and powers under this Act. SEC. 7. ENABLING AUTHORITY. (a) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this Act. (b) Financing.-- (1) Fund account.--The Federal Reserve Bank of New York shall establish a new account on behalf of the Secretary, called the ``Treasury Electronic Currency Innovation Fund Account'' (in this section referred to as the ``Fund Account''). (2) Use of fund account.--The Secretary shall effectuate any and all spending under this Act by drawing an overdraft on the Fund Account, which shall be accommodated and facilitated automatically, on an indefinite basis, and without the imposition of any interest charge or other form of maintenance or overdraft fees by the Federal Reserve Bank of New York and the Board of Governors of the Federal Reserve System. (3) Overdraft treatment.--The Fund Account shall be exempt from any overdraft prohibitions that currently apply to other accounts administered on behalf of the Department of the Treasury Department by the Federal Reserve System or a Federal reserve bank, and any overdraft liability incurred by the Department of the Treasury shall not be included in calculations of public debt subject to limit under section 3101 of title 31, United States Code. (4) Treatment of losses.--The Federal Reserve Bank of New York shall record any losses incurred as a result of spending undertaken on behalf of the Secretary from the Fund Account as a deferred asset (as described in section 11.96 of the Financial Accounting Manual for Federal Reserve Banks, as in effect on the date of the enactment of this Act) and shall be excluded from calculations of the net operating position or consolidated balance sheet of the Federal Reserve Bank of New York or the Federal Reserve System, so as to not reduce or impact the calculation of total income or revenue generated by the Federal Reserve System, or otherwise reduce the total amount of net operating profits to be made available for remittance to the Treasury on an ongoing basis. <all>

ECASH Act

To direct the Secretary of the Treasury to develop and pilot digital dollar technologies that replicate the privacy-respecting features of physical cash.

ECASH Act Electronic Currency And Secure Hardware Act

Rep. Lynch, Stephen F.

D

MA

H.R.7512

Health

Protecting Patients from Deceptive Health Plans Act This bill prohibits the sale of health insurance coverage arrangements that are exempt from the federal health insurance requirements unless the individual purchasing the arrangement is enrolled in a plan that provides minimum essential coverage. Further, excepted benefits must be paid without regard to the severity of the illness, injury, diagnosis, or other characteristics related to treatment.

To amend title XXVII of the Public Health Service Act, title I of the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to limit enrollment in coverage for excepted benefits to individuals enrolled in a health plan providing minimum essential coverage. Be it enacted by the Senate 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 Patients from Deceptive Health Plans Act''. SEC. 2. MODIFYING EXCEPTED BENEFITS WITH RESPECT TO CERTAIN PLANS. (a) Public Health Service Act.-- (1) Additional requirements for excepted benefit.--Section 2722(c)(2) of the Public Health Service Act (42 U.S.C. 300gg- 21(c)(2)) is amended-- (A) in subparagraph (B), by striking ``sponsor.'' and inserting ``sponsor, or with respect to individual coverage, under any health insurance coverage maintained by the same health insurance issuer.''; and (B) by adding at the end the following: ``(D) Such benefits are paid without regard to, and do not vary based on, the severity of the illness, injury, diagnosis, or other characteristics related to treatment for which such benefits are paid. ``(E) With respect to such benefits, the separate policy, certificate, or contract of insurance is provided only to an individual enrolled in minimum essential coverage (as defined in section 5000A(f) of the Internal Revenue Code of 1986), and such minimum essential coverage's share of the total allowed costs (as determined for purposes of section 36B(c)(2)(C)(ii) of such Code) of benefits provided under such minimum essential coverage is greater than or equal to 60 percent of such costs.''. (2) Modification of certain excepted benefits.--Section 2791(c) of the Public Health Service Act (42 U.S.C. 300gg- 91(c)) is amended-- (A) in paragraph (1)(A), by striking ``accident'' and all that follows through ``combination thereof'', and inserting ``disability income insurance''; and (B) in paragraph (3), by adding at the end the following: ``(C) Coverage only for accident.''. (b) Employee Retirement Income Security Act.-- (1) Additional requirements for excepted benefits.--Section 732(c)(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191a(c)(2)) is amended by adding at the end the following: ``(D) Such benefits are paid without regard to, and do not vary based on, the severity of the illness, injury, diagnosis, or other characteristics related to treatment for which such benefits are paid. ``(E) With respect to such benefits, the separate policy, certificate, or contract of insurance is provided only to a participant or beneficiary enrolled in minimum essential coverage (as defined in section 5000A(f) of the Internal Revenue Code of 1986), and such minimum essential coverage's share of the total allowed costs (as determined for purposes of section 36B(c)(2)(C)(ii) of such Code) of benefits provided under such minimum essential coverage is greater than or equal to 60 percent of such costs.''. (2) Modification of certain excepted benefits.--Section 733(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(c)) is amended-- (A) in paragraph (1)(A), by striking ``accident'' and all that follows through ``combination thereof'', and inserting ``disability income insurance''; and (B) in paragraph (3), by adding at the end the following: ``(C) Coverage only for accident.''. (c) Internal Revenue Code.-- (1) Additional requirements for excepted benefits.--Section 9831(c)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(D) Such benefits are paid without regard to, and do not vary based on, the severity of the illness, injury, diagnosis, or other characteristics related to treatment for which such benefits are paid. ``(E) With respect to such benefits, the separate policy, certificate, or contract of insurance is provided only to a participant or beneficiary enrolled in minimum essential coverage (as defined in section 5000A(f)), and such minimum essential coverage's share of the total allowed costs (as determined for purposes of section 36B(c)(2)(C)(ii)) of benefits provided under such minimum essential coverage is greater than or equal to 60 percent of such costs.''. (2) Modification of certain excepted benefits.--Section 9832(c) of the Internal Revenue Code of 1986 is amended-- (A) in paragraph (1)(A), by striking ``accident'' and all that follows through ``combination thereof'', and inserting ``disability income insurance''; and (B) in paragraph (3), by adding at the end the following: ``(C) Coverage only for accident.''. (d) Effective Date.--The amendments made by this section shall take effect beginning January 1, 2023, and shall apply with respect to policies issued, sold, or renewed on or after such date. <all>

Protecting Patients from Deceptive Health Plans Act

To amend title XXVII of the Public Health Service Act, title I of the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to limit enrollment in coverage for excepted benefits to individuals enrolled in a health plan providing minimum essential coverage.

Protecting Patients from Deceptive Health Plans Act

Rep. Hayes, Jahana

D

CT

H.R.4713

Crime and Law Enforcement

DHS Transnational Criminal Investigative Units Act This bill provides statutory authority for the Homeland Security Investigations Transnational Criminal Investigative Unit Program within the Department of Homeland Security. The program coordinates homeland security investigations into transnational criminal organizations and cooperates with foreign law enforcement partners to facilitate the prosecution of transnational criminal organizations.

To amend the Homeland Security Act of 2002 to establish within the Department of Homeland Security the Homeland Security Investigations Transnational Criminal Investigative Unit Program to coordinate homeland security investigations into transnational criminal organizations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``DHS Transnational Criminal Investigative Units Act''. SEC. 2. HOMELAND SECURITY INVESTIGATIONS TRANSNATIONAL CRIMINAL INVESTIGATIVE UNITS. (a) In General.--Subtitle D of title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the following new section: ``SEC. 447. TRANSNATIONAL CRIMINAL INVESTIGATIVE UNITS. ``(a) Establishment.--There is established within the Department a program, which shall be known as the `Homeland Security Investigations Transnational Criminal Investigative Unit Program' (referred to in this section as `TCIU Program'). The TCIU Program shall be headed by an Assistant Director, who shall be appointed by the Executive Associate Director of U.S. Immigration and Customs Enforcement, Homeland Security Investigations. ``(b) Purpose.--The purpose of the TCIU Program shall be to-- ``(1) coordinate homeland security investigations into transnational criminal organizations; and ``(2) enhance cooperation between Homeland Security Investigations and trusted and vetted foreign law enforcement partners in order to identify targets, collect evidence, share information, and facilitate the prosecution of transnational criminal organizations both in-country and through the United States judicial system. ``(c) Authorization of Appropriations.--There is authorized to be appropriated $6,000,000 for fiscal years 2022 and 2023 to carry out this section.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 446 the following new item: ``Sec. 447. Transnational criminal investigative units.''. <all>

DHS Transnational Criminal Investigative Units Act

To amend the Homeland Security Act of 2002 to establish within the Department of Homeland Security the Homeland Security Investigations Transnational Criminal Investigative Unit Program to coordinate homeland security investigations into transnational criminal organizations, and for other purposes.

DHS Transnational Criminal Investigative Units Act

Rep. McCaul, Michael T.

R

TX

S.4055

Government Operations and Politics

Locating the Inefficiencies of Bureaucratic Edicts to Reform And Transform the Economy Act or the LIBERATE Act This bill establishes the Regulatory Oversight and Review Task Force to evaluate, and provide recommendations for modification, consolidation, harmonization, or repeal of, federal regulations or guidance that impose substantial burdens on U.S. industries or inhibit other economic interests.

To establish a task force for regulatory oversight and review. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Locating the Inefficiencies of Bureaucratic Edicts to Reform And Transform the Economy Act'' or the ``LIBERATE Act''. SEC. 2. REGULATORY OVERSIGHT AND REVIEW TASK FORCE. (a) Establishment.--There is established a task force to be known as the ``Regulatory Oversight and Review Task Force'' (referred to in this section as the ``Task Force''). (b) Membership.-- (1) In general.--The Task Force shall be composed of-- (A) the Director of the Office of Management and Budget, who shall serve as the Chairperson of the Task Force and shall be a non-voting, ex officio member of the Task Force; (B) 1 representative of the Office of Information and Regulatory Affairs, who shall be a non-voting, ex officio member of the Task Force; and (C) 16 individuals from the private sector, of whom-- (i) 4 shall be appointed by the majority leader of the Senate; (ii) 4 shall be appointed by the minority leader of the Senate; (iii) 4 shall be appointed by the Speaker of the House of Representatives; and (iv) 4 shall be appointed by the minority leader of the House of Representatives. (2) Qualifications of private sector members.-- (A) Expertise.--Each member of the Task Force appointed under paragraph (1)(C) shall be an individual with expertise in Federal regulatory policy, Federal regulatory compliance, economics, law, or business management. (B) Small business concerns.--Not fewer than 2 of the members of the Task Force appointed under each clause of paragraph (1)(C) shall be representatives of a small business concern, as defined in section 3 of the Small Business Act (15 U.S.C. 632). (C) Political affiliation.--Not more than 2 of the members of the Task Force appointed under each clause of paragraph (1)(C) may be affiliated with the same political party. (c) Consultation With GAO.--In carrying out its functions under this section, the Task Force shall consult with the Government Accountability Office. (d) No Compensation.--A member of the Task Force may not receive any compensation for serving on the Task Force. (e) Staff.-- (1) Designation of existing staff.--The Director of the Office of Management and Budget may designate employees of the Office of Management and Budget, including employees of the Office of Information and Regulatory Affairs, as necessary to help the Task Force carry out its duties under this section. (2) Rule of construction.--Nothing in paragraph (1) shall be construed to authorize the provision of any additional compensation to an employee designated under that paragraph. (f) Evaluation of Regulations and Guidance.--The Task Force shall evaluate, and provide recommendations for modification, consolidation, harmonization, or repeal of, Federal regulations or guidance that-- (1) exclude or otherwise inhibit competition, causing industries of the United States to be less competitive with global competitors; (2) create barriers to entry for United States businesses, including entrepreneurs and startups; (3) increase the operating costs for domestic manufacturing; (4) impose substantial compliance costs and other burdens on industries of the United States, making those industries less competitive with global competitors; (5) impose burdensome and lengthy permitting processes and requirements; (6) impact energy production by United States businesses and make the United States dependent on foreign countries for energy supply; (7) restrict domestic mining, including the mining of critical minerals; or (8) inhibit capital formation in the economy of the United States. (g) Website.--The Task Force shall establish and maintain a user- friendly, public-facing website to be-- (1) a portal for the submission of written comments under subsection (i); and (2) a gateway for reports and key information. (h) Duty of Federal Agencies.--Upon request of the Task Force, a Federal agency shall provide applicable documents and information to help the Task Force carry out its functions under this section. (i) Written Recommendations.-- (1) In general.-- Not later than 15 days after the first meeting of the Task Force, the Task Force shall initiate a process to solicit and collect written recommendations regarding regulations or guidance described in subsection (f) from the general public, interested parties, Federal agencies, and other relevant entities. (2) Manner of submission.--The Task Force shall allow written recommendations under paragraph (1) to be submitted through-- (A) the website of the Task Force; (B) regulations.gov; (C) the mail; or (D) other appropriate written means. (3) Publication.--The Task Force shall publish each recommendation submitted under paragraph (1)-- (A) in the Federal Register; (B) on the website of the Task Force; and (C) on regulations.gov. (4) Public outreach.--In addition to soliciting and collecting written recommendations under paragraph (1), the Task Force shall conduct public outreach and convene focus groups in geographically diverse areas throughout the United States to solicit feedback and public comments regarding regulations or guidance described in subsection (f). (5) Review and consideration.--The Task Force shall review the information received under paragraphs (1) and (4) and consider including that information in the reports and special message required under subsections (j) and (k), respectively. (j) Reports.-- (1) In general.--The Task Force shall submit quarterly and annual reports to Congress on the findings of the Task Force under this section. (2) Contents.--Each report submitted under paragraph (1) shall-- (A) analyze the Federal regulations or guidance identified in accordance with subsection (f); and (B) provide recommendations for modifications, consolidation, harmonization, and repeal of the regulations or guidance described in subparagraph (A) of this paragraph. (3) Majority vote required.--The Task Force may only include a finding or recommendation in a report submitted under paragraph (1) if a majority of the members of the Task Force have approved the finding or recommendation. (k) Special Message to Congress.-- (1) Definition.--In this subsection, the term ``covered resolution'' means a joint resolution-- (A) the matter after the resolving clause of which contains only-- (i) a list of some or all of the regulations or guidance that were recommended for repeal in a special message submitted to Congress under paragraph (2); and (ii) a provision that immediately repeals the listed regulations or guidance upon enactment of the joint resolution; and (B) upon which Congress completes action before the end of the first period of 60 calendar days after the date on which the special message described in subparagraph (A)(i) of this paragraph is received by Congress. (2) Submission.-- (A) In general.--Not later than the first day on which both Houses of Congress are in session after May 1 of each year, the Director of the Office of Management and Budget shall submit to Congress, on behalf of the Task Force, a special message that-- (i) details each regulation or guidance document that the Task Force recommends for repeal; and (ii) explains why each regulation or guidance document should be repealed. (B) Delivery to house and senate; printing.--Each special message submitted under subparagraph (A) shall be-- (i) delivered to the Clerk of the House of Representatives and the Secretary of the Senate; and (ii) printed in the Congressional Record. (3) Procedure in house and senate.-- (A) Referral.--A covered resolution shall be referred to the appropriate committee of the House of Representatives or the Senate, as the case may be. (B) Discharge of committee.--If the committee to which a covered resolution has been referred has not reported the resolution at the end of 25 calendar days after the introduction of the resolution-- (i) the committee shall be discharged from further consideration of the resolution; and (ii) the resolution shall be placed on the appropriate calendar. (4) Floor consideration in the house.-- (A) Motion to proceed.-- (i) In general.--When the committee of the House of Representatives has reported, or has been discharged from further consideration of, a covered resolution, it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. (ii) Privilege.--A motion described in clause (i) shall be highly privileged and not debatable. (iii) No amendment or motion to reconsider.--An amendment to a motion described in clause (i) shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (B) Debate.-- (i) In general.--Debate in the House of Representatives on a covered resolution shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. (ii) No motion to reconsider.--It shall not be in order in the House of Representatives to move to reconsider the vote by which a covered resolution is agreed to or disagreed to. (C) No motion to postpone consideration or proceed to consideration of other business.--In the House of Representatives, motions to postpone, made with respect to the consideration of a covered resolution, and motions to proceed to the consideration of other business, shall not be in order. (D) Appeals from decisions of chair.--An appeal from the decision of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a covered resolution shall be decided without debate. (5) Floor consideration in the senate.-- (A) Motion to proceed.-- (i) In general.--Notwithstanding Rule XXII of the Standing Rules of the Senate, when the committee of the Senate to which a covered resolution is referred has reported, or has been discharged from further consideration of, a covered resolution, it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution and all points of order against the covered resolution are waived. (ii) Division of time.--A motion to proceed described in clause (i) is subject to 4 hours of debate divided equally between those favoring and those opposing the covered resolution. (iii) No amendment or motion to postpone or proceed to other business.--A motion to proceed described in clause (i) is not subject to-- (I) amendment; (II) a motion to postpone; or (III) a motion to proceed to the consideration of other business. (B) Floor consideration.-- (i) General.--In the Senate, a covered resolution shall be subject to 10 hours of debate divided equally between those favoring and those opposing the covered resolution. (ii) Amendments.--In the Senate, no amendment to a covered resolution shall be in order, except an amendment that strikes from or adds to the list required under paragraph (1)(A)(i) a regulation or guidance document recommended for repeal by the Task Force. (iii) Motions and appeals.--In the Senate, a motion to reconsider a vote on final passage of a covered resolution shall not be in order, and points of order, including questions of relevancy, and appeals from the decision of the Presiding Officer, shall be decided without debate. (6) Receipt of resolution from other house.--If, before passing a covered resolution, one House receives from the other a covered resolution-- (A) the covered resolution of the other House shall not be referred to a committee and shall be deemed to have been discharged from committee on the day on which it is received; and (B) the procedures set forth in paragraph (4) or (5), as applicable, shall apply in the receiving House to the covered resolution received from the other House to the same extent as those procedures apply to a covered resolution of the receiving House. (7) Rules of the house of representatives and the senate.-- Paragraphs (3) through (7) are enacted by Congress-- (A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedures to be followed in the House in the case of covered resolutions, and supersede other rules only to the extent that they are inconsistent with such other rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. (l) Funding.-- (1) No additional amounts authorized.--No additional amounts are authorized to be appropriated to carry out this section. (2) Other funding.--The Task Force shall use amounts otherwise available to the Office of Management and Budget to carry out this section. <all>

LIBERATE Act

A bill to establish a task force for regulatory oversight and review.

LIBERATE Act Locating the Inefficiencies of Bureaucratic Edicts to Reform And Transform the Economy Act

Sen. Lee, Mike

R

UT

H.R.1159

Crime and Law Enforcement

Preventing Tragedies Between Police and Communities Act of 2021 This bill requires a state or local government that receives funding under the Edward Byrne Memorial Justice Assistance Grant (JAG) program to train law enforcement officers on de-escalation techniques and require law enforcement to use such techniques. The Department of Justice (DOJ) may reduce the JAG allocation of a state or local government that fails to comply with the training requirement. DOJ must reduce by 15% the JAG allocation of a state or local government that fails to require law enforcement officers to use de-escalation techniques.

To require that States and localities receiving grants under the Edward Byrne Memorial Justice Assistance Grant Program require law enforcement officers to undergo training on and thereafter employ de-escalation techniques to assist in reducing the need for the use of force by such officers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Tragedies Between Police and Communities Act of 2021''. SEC. 2. TRAINING ON DE-ESCALATION FOR LAW ENFORCEMENT. (a) Training Requirement.--For each fiscal year after the expiration of the period specified in subsection (d) in which a State or unit of local government receives a grant under part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), the State or unit of local government shall require that all individuals enrolled in an academy of a law enforcement agency of the State or unit of local government and all law enforcement officers of the State or unit of local government fulfill a training session on de- escalation techniques each fiscal year, including-- (1) the use of alternative non-lethal methods of applying force and techniques that prevent the officer from escalating any situation where force is likely to be used; (2) verbal and physical tactics to minimize the need for the use of force, with an emphasis on communication, negotiation, de-escalation techniques, providing the time needed to resolve the incident safely for everyone; (3) the use of the lowest level of force that is a possible and safe response to an identified threat, then re-evaluating the threat as it progresses; (4) techniques that provide all officers with awareness and recognition of mental health and substance abuse issues with an emphasis on communication strategies, training officers simultaneously in teams on de-escalation and use of force to improve group dynamics and diminish excessive use of force during critical incidents; (5) principles of using distance, cover, and time when approaching and managing critical incidents, and elimination of the use of concepts like the ``21-foot rule'' and ``drawing a line in the sand'' in favor of using distance and cover to create a ``reaction gap''; (6) crisis intervention strategies to appropriately identify and respond to individuals suffering from mental health or substance abuse issues, with an emphasis on de- escalation tactics and promoting effective communication; and (7) other evidence-based approaches, found to be appropriate by the Attorney General, that enhance de-escalation skills and tactics, such as the Critical Decision-Making Model and scenario-based trainings. In the case of individuals attending an academy, such training session shall be for such an appropriate amount of time as to ensure academy participants receive effective training under this subsection and in the case of all other law enforcement officers, the training session shall be for an appropriate amount of time as to ensure officers receive effective training under this subsection. The State or unit of local government shall certify to the Attorney General of the United States that such training sessions have been completed. (b) Scenario-Based Training.--Training described in subsection (a) shall be conducted with an emphasis on training that employs theories of de-escalation techniques and applies them to practical on-the-job scenarios that regularly face law enforcement officers. (c) Cross-Training.--To the extent practicable, principles of training as described in subsection (a) shall be applied to other training conducted at the academy. (d) Compliance and Ineligibility.-- (1) Compliance date.--Beginning not later than 1 year after the date of this Act, each State or unit of local government receiving a grant shall comply with subsection (a), except that the Attorney General may grant an additional 6 months to a State or unit of local government that is making good faith efforts to comply with such subsection. (2) Ineligibility for funds.--For any fiscal year after the expiration of the period specified in paragraph (1), a State or unit of local government that fails to comply with subsection (a), shall, at the discretion of the Attorney General, be subject to not more than a 20-percent reduction of the funds that would otherwise be allocated for that fiscal year to the State or unit of local government under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise. (e) Reallocation.--Amounts not allocated under a program referred to in subsection (b)(2) to a State or unit of local government for failure to fully comply with subsection (a) shall be reallocated under that program to States and units of local government that have not failed to comply with such subsection. (f) Evidence-Based Practices.--For purposes of subsection (a)(4), the Attorney General shall maintain a list of evidence-based practices it determines is successful in enhancing de-escalation skills of law enforcement officers. The Attorney General shall regularly update this list as needed and shall publish the list to the public on a yearly basis. SEC. 3. DATA COLLECTION. The Attorney General shall collect data on efforts undertaken by Federal fund recipients to enhance de-escalation training for law enforcement officers. SEC. 4. AFFIRMATIVE DUTY TO USE DE-ESCALATION TACTICS WHEN AVAILABLE. (a) In General.--In the case of a State or unit of local government that received a grant award under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), if that State or unit of local government fails by the end of a fiscal year to enact or have in effect laws, policies, or procedures that sets forth an affirmative duty on a law enforcement officer of that State or unit of local government, whenever possible, to employ de-escalation techniques in which the officer has received training required under section 2(a), the Attorney General shall reduce the amount that would otherwise be awarded to that State or unit of local government under such grant program in the following fiscal year by 15 percent. (b) Reallocation.--Amounts not allocated under a program referred to in subsection (a) to a State or unit of local government for failure to be in compliance with this section shall be reallocated under that program to States and units of local government that are in compliance with this section. SEC. 5. ATTORNEY GENERAL GUIDANCE. Not later than 180 days after the date of enactment of this Act, the Attorney General shall issue guidance, for the benefit of States and units of local government, on compliance with the requirements of this Act. <all>

Preventing Tragedies Between Police and Communities Act of 2021

To require that States and localities receiving grants under the Edward Byrne Memorial Justice Assistance Grant Program require law enforcement officers to undergo training on and thereafter employ de-escalation techniques to assist in reducing the need for the use of force by such officers, and for other purposes.

Preventing Tragedies Between Police and Communities Act of 2021

Rep. Moore, Gwen

D

WI

H.R.9333

Science, Technology, Communications

Communications, Video, and Technology Accessibility Act of 2022 This bill expands, and establishes new, requirements to increase the accessibility of communications technologies for individuals who are blind or deaf or have other disabilities, including by requiring closed captioning for online video programming and audio descriptions for both online and televised video programming.

To update the 21st Century Communications and Video Accessibility Act of 2010. 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 ``Communications, Video, and Technology Accessibility Act of 2022''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--CLOSED CAPTIONING AND AUDIO DESCRIPTION Sec. 101. Definitions. Sec. 102. Closed captioning. Sec. 103. Audio description. Sec. 104. Technical and conforming amendments relating to economic burden. Sec. 105. American Sign Language video programming. Sec. 106. Internet protocol closed captioning and audio description advisory committee. TITLE II--VIDEO PLAYBACK APPARATUSES Sec. 201. Video playback apparatuses. TITLE III--COMMUNICATIONS SERVICES Sec. 301. Video conferencing. Sec. 302. Relay services. Sec. 303. National DeafBlind equipment distribution program. Sec. 304. Advanced Communications Services Advisory Committee. Sec. 305. Real-time text. Sec. 306. Advanced communications services software. TITLE IV--EMERGING TECHNOLOGY Sec. 401. Emerging technology. TITLE V--ENFORCEMENT AND REPORTING Sec. 501. Accessibility enforcement. Sec. 502. Reports to Congress. TITLE I--CLOSED CAPTIONING AND AUDIO DESCRIPTION SEC. 101. DEFINITIONS. (a) In General.--Section 713(h) of the Communications Act of 1934 (47 U.S.C. 613(h)) is amended-- (1) in paragraph (1)-- (A) in the heading, by striking ``Video description'' and inserting ``Audio description''; and (B) by striking ``video description'' and inserting ``audio description''; (2) by redesignating paragraph (2) as paragraph (6); (3) by inserting after paragraph (1) the following: ``(2) Live programming.--The term `live programming' means video programming published or exhibited or made available substantially simultaneously with its performance. ``(3) Near-live programming.--The term `near-live programming' means video programming that is not live programming and is published or exhibited or made available not more than 12 hours after its performance and recording. ``(4) Prerecorded programming.--The term `prerecorded programming' means video programming that is not live programming or near-live programming. ``(5) User-generated video.--The term `user-generated video' means video programming that is-- ``(A) made available via a service using Internet protocol or any successor protocol; ``(B) created and added to the service by a user of the service; and ``(C) not the subject of a contractual arrangement between the user and the service that obliges the user to create the programming specifically for delivery via the service.''; and (4) in paragraph (6), as so redesignated-- (A) by striking ``means programming'' and inserting the following: ``-- ``(A) means-- ``(i) programming''; (B) in subparagraph (A)(i), as so designated, by striking ``, but not including'' and all that follows and inserting ``; and''; and (C) by adding at the end the following: ``(ii) audiovisual programming made available via Internet protocol or any successor protocol-- ``(I) including-- ``(aa) programming provided on demand at the request of a viewer; and ``(bb) programming streamed live or at a prescribed time or times to all or a subset of viewers; and ``(II) regardless of whether or not the programming is generally considered comparable to programming provided by a television broadcast station; and ``(B) does not include user-generated video unless the user-generated video is generated by an entity that also generates video programming that is-- ``(i) not user-generated video in the ordinary course of its business; or ``(ii) generated by an entity that earns more than $1,000,000 in annual revenue resulting from user-generated videos.''. (b) Definition of ``Achievable''.--Section 716(g) of the Communications Act of 1934 (47 U.S.C. 617(g)) is amended, in the matter preceding paragraph (1), by striking ``section 718'' and inserting ``sections 713, 716A, and 718''. (c) Technical and Conforming Amendments.-- (1) Repeal of definition of ``consumer generated media''.-- Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is amended-- (A) by striking paragraph (14); and (B) by redesignating paragraphs (15) through (59) as paragraphs (14) through (58), respectively. (2) Other amendments.-- (A) Section 271(c)(1)(A) of the Communications Act of 1934 (47 U.S.C. 271(c)(1)(A)) is amended by striking ``section 3(47)(A)'' and inserting ``subparagraph (A) of the paragraph defining that term in section 3''. (B) Section 203(a) of the Rural Electrification Act of 1936 (7 U.S.C. 924(a)) is amended by striking ``section 3(o)'' and inserting ``section 3''. (C) Section 248 of the Television Broadcasting to Cuba Act (22 U.S.C. 1465ff) is amended by striking ``section 3(c)'' each place the term appears and inserting ``section 3''. (d) Modernizing Title of Head of Commission.--The Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended-- (1) in section 4 (47 U.S.C. 154)-- (A) in subsection (a)-- (i) by inserting ``(1)'' after ``(a)''; (ii) by striking ``chairman'' and inserting ``Chair''; and (iii) by adding at the end the following: ``(2) Any reference in any law, regulation, document, paper, or other record of the United States to the chairman or the Chairman of the Commission shall be deemed to be a reference to the Chair of the Commission.''; (B) in subsection (d), by striking ``Chairman'' each place the term appears and inserting ``Chair''; (C) in subsection (f)(2), by striking ``chairman'' each place the term appears and inserting ``Chair''; and (D) in subsection (g)(1), by striking ``chairman'' and inserting ``Chair''; (2) in section 5 (47 U.S.C. 155)-- (A) in subsection (a), by striking ``chairman'' each place the term appears and inserting ``Chair''; and (B) in subsection (e), by striking ``Chairman'' each place the term appears and inserting ``Chair''; (3) in section 13(c) (47 U.S.C. 163(c)), by striking ``Chairman'' and inserting ``Chair''; (4) in section 309(j)(8)(G)(iv) (47 U.S.C. 309(j)(8)(G)(iv)), by striking ``Chairman'' and inserting ``Chair''; (5) in section 344 (47 U.S.C. 344)-- (A) in subsection (b)(1), by striking ``Chairman'' and inserting ``Chair''; (B) in subsection (d), by striking ``Chairman'' each place the term appears and inserting ``Chair''; and (6) in section 410(c) (47 U.S.C. 410(c)), by striking ``Chairman of the Commission'' and inserting ``Chair of the Commission''. SEC. 102. CLOSED CAPTIONING. (a) In General.--Section 713 of the Communications Act of 1934 (47 U.S.C. 613) is amended-- (1) by redesignating subsections (d) through (h) as subsections (e) through (i), respectively; (2) in subsection (c), by striking paragraphs (2) and (3) and inserting the following: ``(2) Deadlines for programming made available using internet protocol.-- ``(A) Regulations on closed captioning on video programming made available using internet protocol or successor protocol.--Not later than 18 months after the date of submission of the report to the Commission required under section 106(f)(1) of the Communications, Video, and Technology Accessibility Act of 2022, the Commission shall revise its regulations to require the provision, receipt, and display of closed captioning on video programming made available using Internet protocol or any successor protocol published or exhibited after the effective date of the revised regulations. ``(B) Schedule.--The regulations revised under this paragraph shall include an appropriate schedule of deadlines, the latest of which shall be not later than 6 years after the date of submission of the report to the Commission required under section 106(f)(1) of the Communications, Video, and Technology Accessibility Act of 2022, for the provision, receipt, and display of closed captioning on video programming made available using Internet protocol or any successor protocol, taking into account whether the programming-- ``(i) is prerecorded, live, or near-live; ``(ii) has been made available to viewers before the effective date of the revised regulations; and ``(iii) was live or near-live at the time it was initially made available. ``(C) Requirements for regulations.--The regulations revised under this paragraph-- ``(i) shall-- ``(I) define categories of entities engaged in making available video programming; and ``(II) apportion the responsibilities for the provision, quality, pass-through, and rendering of closed captions among the entities defined by the Commission under subclause (I)-- ``(aa) to ensure full access by viewers via all entities and combinations of entities that make video programming available to viewers; and ``(bb) to ensure that the regulations can be enforced effectively against responsible parties; ``(ii) shall require that an entity engaged in making available user-generated video, whether or not the entity is also engaged in making available video that is not user- generated video, provide easy-to-use authoring tools that-- ``(I) permit users of the entity to add closed captions; and ``(II) conspicuously prompt users of the entity to use the tools; ``(iii) shall not distinguish between full- length programming and video clips; and ``(iv) for the purposes of determining closed captioning obligations under this section and assessing compliance with the regulations of the Commission governing the quality of closed captioning under paragraphs (j), (k), and (m) of section 79.1 of title 47, Code of Federal Regulations, or any successor regulation governing closed captioning quality, treat any programming that was live programming or near-live programming at the time that it was initially made available to viewers as prerecorded programming if it is again made available to viewers more than 24 hours after its initial availability.''; (3) by inserting after subsection (c) the following: ``(d) Caption Quality Updates.-- ``(1) In general.--Not later than 4 years after the date of enactment of the Communications, Video, and Technology Accessibility Act of 2022, the Commission shall revise its regulations to extend the requirements for the quality of closed captions under paragraphs (j), (k), and (m) of section 79.1 of title 47, Code of Federal Regulations, or any successor regulation, to all programming made available via Internet protocol or any successor protocol. ``(2) Regular updates.--Not later than 4 years after the date of enactment of the Communications, Video, and Technology Accessibility Act of 2022, and every 4 years thereafter, the Commission shall-- ``(A) update its regulations pertaining to the quality of closed captions as necessary to reflect technological and methodological advances, to the extent deployment of such advances will improve the quality of closed captions; and ``(B) take any action, including enforcement, necessary to ensure compliance with its regulations pertaining to the quality of closed captions.''; and (4) in subsection (e), as so redesignated-- (A) in the matter preceding paragraph (1), by striking ``subsection (b)'' and inserting ``subsections (b) and (c)''; (B) in paragraph (1), by striking ``the provider or owner of such programming'' and inserting ``an entity responsible for publishing, exhibiting, or making available such programming''; and (C) by striking paragraph (3) and inserting the following: ``(3) an entity responsible for publishing, exhibiting, or making available video programming may petition the Commission for an exemption from the requirements of subsection (b) or (c), and the Commission may grant the petition upon a showing that the requirements would be economically burdensome. The Commission shall act to grant or deny any such petition, in whole or in part, not later than 6 months after the Commission receives the petition, unless the Commission finds that an extension of the 6-month period is necessary to determine whether the requirements are economically burdensome.''. (b) Elimination of Certain Categorical Exemptions.--Not later than 1 year after the date of enactment of this Act, the Federal Communications Commission shall reassess the second sentence of paragraph (a)(10) and reassess paragraph (d) of section 79.1 of title 47, Code of Federal Regulations, to eliminate categorical exemptions that impede access to video programming, are outdated, or are no longer warranted under subsection (e)(1) of section 713 of the Communications Act of 1934 (47 U.S.C. 613), as so redesignated by subsection (a) of this section. SEC. 103. AUDIO DESCRIPTION. (a) In General.--Subsection (g) of section 713 of the Communications Act of 1934 (47 U.S.C. 613), as redesignated by section 102, is amended-- (1) in the heading, by striking ``Video'' and inserting ``Audio''; and (2) by striking paragraphs (2), (3), and (4) and inserting the following: ``(2) Revision to reinstated audio description regulations for programming published or exhibited on television.-- ``(A) In general.--Not later than 18 months after the date of enactment of the Communications, Video, and Technology Accessibility Act of 2022, the Commission shall revise section 79.3 of title 47, Code of Federal Regulations (relating to audio description of video programming) in accordance with subparagraph (B). ``(B) Requirements.--The regulations revised under subparagraph (A)-- ``(i) shall apply to all video programming published or exhibited on television after the effective date of the revised regulations; ``(ii) shall include an appropriate schedule of deadlines, the latest of which shall be not later than 5 years after the effective date of the revised regulations, for the provision, receipt, and performance of audio described programming published or exhibited on television, taking into account whether the programming-- ``(I) is prerecorded, live, or near-live; ``(II) has been published or exhibited prior to the effective date of the revised regulations; and ``(III) was live or near-live at the time it was initially published or exhibited; ``(iii) shall provide that audio described programming published or exhibited on television shall-- ``(I) be labeled and searchable or otherwise easily discoverable through navigation devices, apparatuses, applications, and other methods by which the programming is published or exhibited; and ``(II) include a recognizable tone, on all audio channels in the same languages as the audio description streams, at the beginning of the programming to indicate that audio description is available; ``(iv) shall provide that audio description of video programming published or exhibited on television shall be made available to the public on an audio channel solely dedicated to audio description, so long as it is achievable (as defined in section 716); ``(v) shall require any entity involved in the publishing or exhibiting of audio described programming published or exhibited on television to provide contact information, consistent with sections 79.1(i) and 79.4(c)(2)(iii) of title 47, Code of Federal Regulations, or any successor regulations, for users to report problems related to audio description; and ``(vi) for the purposes of determining audio description obligations under this paragraph and assessing compliance with regulations adopted to assess the quality of audio description under paragraph (4), shall treat any programming that was live or near- live programming at the time of its initial airing as prerecorded programming if it is re- exhibited more than 24 hours after its initial airing. ``(3) Audio description on video programming made available via internet protocol.-- ``(A) In general.--Not later than 2 years after the date of submission of the report to the Commission required under subsection 106(f)(2) of the Communications, Video, and Technology Accessibility Act of 2022, the Commission shall revise its regulations to require the provision, receipt, and performance of audio description on video programming made available using Internet protocol or any successor protocol published or exhibited after the effective date of the revised regulations. ``(B) Requirements.--The regulations revised under subparagraph (A)-- ``(i) shall ensure that all video programming made available using Internet protocol or any successor protocol is fully accessible through the provision of audio description; ``(ii) shall include an appropriate schedule of deadlines, the latest of which shall be not later than 5 years after the effective date of the revised regulations, for the provision, receipt, and performance of audio described programming made available using Internet protocol or any successor protocol, taking into account whether the programming-- ``(I) is prerecorded, live, or near-live; ``(II) has been made available to users prior to the effective date of the revised regulations; and ``(III) was live or near-live at the time it was initially made available; ``(iii) shall-- ``(I) define categories of entities engaged in making available video programming using Internet protocol or any successor protocol; and ``(II) apportion the responsibilities for the provision, quality, pass-through, and performance of audio description among the entities identified by the Commission under subclause (I)-- ``(aa) to ensure full access by viewers; and ``(bb) to ensure that the regulations can be enforced effectively against responsible parties; ``(iv) shall require that an entity engaged in making available user-generated video, whether or not the entity is also engaged in making available video that is not user- generated video, provides easy-to-use authoring tools that-- ``(I) permit users of the entity to add audio description; and ``(II) conspicuously prompt users of the entity to use the tools; ``(v) shall provide that audio described programming made available using Internet protocol or any successor protocol shall-- ``(I) be labeled and searchable or otherwise easily discoverable through navigation devices, apparatuses, applications, and other methods on which the programming is made available; and ``(II) include a recognizable tone, on all audio channels in the same languages as the audio description streams, at the beginning of the programming to indicate that audio description is available; ``(vi) shall provide that audio description of video programming made available using Internet protocol or any successor protocol shall be provided on an audio track solely dedicated to audio description, so long as it is achievable (as defined in section 716); ``(vii) shall require entities engaged in making available audio described programming using Internet protocol or any successor protocol to provide contact information, consistent with sections 79.1(i) and 79.4(c)(2)(iii) of title 47, Code of Federal Regulations, or any successor regulations, for users to report problems related to audio description; and ``(viii) for the purposes of determining audio description obligations under this paragraph and assessing compliance with regulations adopted to assess the quality of audio description under paragraph (4), shall treat any programming that was live or near- live programming at the time it was initially made available as prerecorded programming if it is made available more than 24 hours after it was initially made available. ``(4) Audio description quality.-- ``(A) In general.--Not later than 3 years after the date of submission of the report to the Commission required under subsection 106(f)(2) of the Communications, Video, and Technology Accessibility Act of 2022, the Commission shall adopt regulations to ensure the quality of audio description on video programming, including video programming published or exhibited on television or made available via Internet protocol or any successor protocol, as necessary to afford access to video programming that is functionally equivalent to the access provided by the visual components of the programming. ``(B) Requirements.--The regulations adopted under subparagraph (A) shall require that audio description-- ``(i) sufficiently convey key elements of the visual component; ``(ii) be appropriately voiced, considering whether the use of synthetic voices is permissible and if so, under what circumstances; and ``(iii) be appropriately edited and encoded to ensure consistency with the editing and encoding of the non-description audio track of the programming. ``(5) Audio description exemptions.--Notwithstanding paragraphs (2) and (3)-- ``(A) the Commission may exempt by regulation from the requirements under paragraphs (2) and (3) programs, classes of programs, or services for which the Commission has determined that the provision of audio description would be economically burdensome to an entity responsible for publishing or exhibiting or making available such programming; and ``(B) an entity responsible for publishing or exhibiting or making available video programming may petition the Commission for an exemption from the requirements under paragraphs (2) and (3), and the Commission may grant the exemption upon a showing that the requirement to include audio description would be economically burdensome. The Commission shall act to grant or deny any such petition, in whole or in part, not later than 6 months after the Commission receives the petition, unless the Commission finds that an extension of the 6-month period is necessary to determine whether the requirements are economically burdensome.''. (b) Technical and Conforming Amendments.--Title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended-- (1) in section 303 (47 U.S.C. 303)-- (A) in subsection (u)-- (i) in paragraph (1)(B)-- (I) by striking ``video description'' and inserting ``audio description''; and (II) by striking ``section 713(f)'' and inserting ``section 713(g)''; and (ii) by moving the left margin of that subsection and each paragraph, subparagraph, and clause therein 2 ems to the left; and (B) in subsection (z)(1), by striking ``video description'' each place the term appears and inserting ``audio description''; and (2) in section 330(b) (47 U.S.C. 330(b)), by striking ``video description'' each place the term appears and inserting ``audio description''. SEC. 104. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO ECONOMIC BURDEN. Subsection (f) of section 713 of the Communications Act of 1934 (47 U.S.C. 613), as redesignated by section 102, is amended-- (1) in the matter preceding paragraph (1)-- (A) by striking ``The term `undue burden' means'' and inserting ``For purposes of this section, the term `economically burdensome' means''; (B) by inserting ``or audio description'' after ``closed captions''; (C) by striking ``this paragraph'' and inserting ``subsections (e) and (g)(5)''; and (D) by striking ``result in an undue economic burden'' and inserting ``be economically burdensome''; and (2) in paragraph (1), by inserting ``or audio description'' after ``closed captions''. SEC. 105. AMERICAN SIGN LANGUAGE VIDEO PROGRAMMING. Section 713 of the Communications Act of 1934 (47 U.S.C. 613) is amended-- (1) by redesignating subsections (i) (as redesignated by section 102) and (j) as subsections (j) and (k), respectively; and (2) by inserting before subsection (j), as so redesignated, the following: ``(i) American Sign Language Interpretation of Video Programming.-- Not later than 2 years after the date of submission of the report to the Commission required under section 106(f)(3) of the Communications, Video, and Technology Accessibility Act of 2022, the Commission shall prescribe regulations to-- ``(1) establish uniform standards for the display and visibility of American Sign Language interpretation where it is provided for video programming, including standards for ensuring that an interpreter is visible on the viewer's screen during the programming; and ``(2) ensure that all video programming published or exhibited on television or made available via Internet protocol or any successor protocol that includes American Sign Language interpretation complies with the uniform standards established under subparagraph (A) to the extent that compliance with such standards is achievable (as defined in section 716) by each entity responsible for delivering the programming.''. SEC. 106. INTERNET PROTOCOL CLOSED CAPTIONING AND AUDIO DESCRIPTION ADVISORY COMMITTEE. (a) Definitions.--In this section: (1) Advisory committee.--The term ``Advisory Committee'' means the Closed Captioning and Audio Description Advisory Committee established under subsection (b). (2) Chair.--The term ``Chair'' means the Chair of the Commission. (3) Commission.--The term ``Commission'' means the Federal Communications Commission. (b) Establishment.--Not later than 60 days after the date of enactment of this Act, the Chair shall establish an advisory committee to be known as the ``Closed Captioning and Audio Description Advisory Committee''. (c) Membership.--As soon as practicable after the date of enactment of this Act, the Chair shall appoint individuals who have the technical knowledge and engineering expertise to serve on the Advisory Committee in the fulfillment of its duties, including the following: (1) Representatives of entities engaged in making available video programming internet protocol or any successor protocol, or a national organization or organization representing such entities. (2) Representatives of vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for the provision of video programming, including programming delivered using internet protocol or successor protocols, or a national organization representing such vendors, developers, or manufacturers. (3) Representatives of manufacturers of consumer electronics or information technology equipment used in the delivery of video programming, including programming delivered via internet protocol or successor protocols, or a national organization representing such manufacturers. (4) Individuals with expertise generating user-generated video, or a national organization representing such individuals. (5) Representatives of national organizations representing accessibility advocates, including people with disabilities and older Americans. (6) Representatives of service agencies engaged in the provision of captioning and audio description for video programming, including programming delivered via internet protocol or successor protocols. (7) Academic experts or representatives of research institutes with expertise on captioning and audio description. (8) Individuals with technical and engineering expertise, as the Chair determines appropriate. (d) Commission Oversight.--The Chair shall appoint a member of the Commission's staff to moderate and direct the work of the Advisory Committee. (e) Technical Staff.--The Chair shall appoint a member of the Commission's technical staff to provide technical assistance to the Advisory Committee. (f) Development of Recommendations.-- (1) Closed captioning report.--Not later than 1 year after the date of the first meeting of the Advisory Committee, the Advisory Committee shall develop and submit to the Commission a report that includes the following: (A) A recommended schedule of deadlines for the provision of closed captioning on video programming made available via internet protocol or any successor protocol. (B) Identification of the protocols, technical capabilities, and technical procedures needed to permit responsible entities to reliably provide, receive, and display closed captions of video programming made available via using internet protocol or any successor protocol. (C) Identification of additional protocols, technical capabilities, and technical procedures beyond those available as of the date of enactment of this Act needed for the provision, receipt, and display of closed captions of video programming made available using internet protocol or any successor protocol. (D) A recommendation for technical standards to address the protocols, capabilities, and procedures identified under subparagraph (B). (E) A recommendation for any regulations that may be necessary to ensure compatibility between video programming made available using internet protocol or any successor protocol and apparatuses and navigation devices capable of receiving and displaying such programming in order to facilitate access to closed captions. (F) An identification of attributes of easy-to-use authoring tools that can be used by viewers to add closed captions to video programming made available using internet protocol or any successor protocol. (G) An identification of the categories of entities involved in the online delivery of video programming, along with a recommendation on how to apportion the responsibilities for the provision, quality, pass- through, and display of closed captions among those entities to ensure full access by viewers. (H) A recommendation for best practices for ensuring that programming that was live programming or near-live programming at the time that it was initially made available to viewers is subsequently made available at the level of quality required for prerecorded programming. (I) A recommendation for defining metrics and thresholds to be used for measuring the accuracy, synchronicity, completeness, and placement of closed captions for live programming as necessary to afford access to video programming that is functionally equivalent to the access provided by the audio track, with minimum thresholds that are neutral to different modalities for creating closed captions. (2) Audio description report.--Not later than 1 year after the date of the first meeting of the Advisory Committee, the Advisory Committee shall develop and submit to the Commission a report that includes the following: (A) A recommended schedule of deadlines for the provision of audio description on video programming made available using internet protocol or any successor protocol. (B) Identification of the protocols, technical capabilities, and technical procedures needed to permit responsible entities to reliably provide, receive, and perform audio description of video programming made available via internet protocol or any successor protocol. (C) Identification of additional protocols, technical capabilities, and technical procedures beyond those available as of the date of enactment of this Act needed for the delivery of audio description of video programming. (D) A recommendation for technical standards to address the protocols, capabilities, and procedures identified under subparagraph (B). (E) A recommendation for any regulations that may be necessary to ensure compatibility between video programming made available using internet protocol or any successor protocol and apparatuses and navigation devices capable of receiving and displaying such programming in order to facilitate access to audio description. (F) A recommendation for standards, protocols, and procedures to ensure that audio described video programming is labeled and searchable or otherwise easily discoverable through navigation devices, apparatuses, applications, and other methods on which such programming is published or exhibited or made available. (G) A recommendation for the achievability of making audio description available on a dedicated audio channel. (H) An identification of the categories of entities engaged in the online delivery of video programming, along with a recommendation on how to apportion the responsibilities for the provision, quality, pass- through, and performance of audio description among those entities to ensure full access by viewers. (I) A recommendation for defining metrics to be used for measuring the quality of audio description as necessary to afford access to video programming that is functionally equivalent to the access provided visually. (J) An identification of easy-to-use authoring tools that can be used by viewers to add audio description to video programming made available via internet protocol or any successor protocol. (3) American sign language video programming report.--Not later than 180 days after the date of the first meeting of the Advisory Committee, the Advisory Committee shall develop and submit to the Commission a report that includes a recommendation for standards for the display and visibility of American Sign Language interpretation where it is provided for video programming, including standards for ensuring that an interpreter is visible on a viewer's screen during the programming. (4) Consideration of work by standards-setting organizations.--The recommendations of the Advisory Committee shall, insofar as possible, incorporate standards, protocols, and procedures that have been adopted by recognized industry standards-setting organizations for each of the purposes described in paragraphs (1), (2), and (3). (g) Meetings.-- (1) Initial meeting.--The initial meeting of the Advisory Committee shall take place not later than 45 days after the date on which the Chair has appointed all the members of the Advisory Committee under subsection (c). (2) Other meetings.--After the initial meeting, the Advisory Committee shall meet at the call of the Chair. (3) Notice; open meetings.--Any meeting held by the Advisory Committee-- (A) shall be noticed not later than 14 days before the meeting; and (B) shall be open to the public. (h) Procedural Rules.-- (1) Quorum.--The presence of one-third of the members of the Advisory Committee shall constitute a quorum for conducting the business of the Advisory Committee. (2) Subcommittees.--To assist the Advisory Committee in carrying out its functions, the Chair may establish appropriate subcommittees composed of members of the Advisory Committee and other subject matter experts. (3) Additional procedural rules.--The Advisory Committee may adopt other procedural rules as needed. (i) Inapplicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Advisory Committee or the activities of the Advisory Committee. TITLE II--VIDEO PLAYBACK APPARATUSES SEC. 201. VIDEO PLAYBACK APPARATUSES. (a) In General.--Section 303 of the Communications Act of 1934 (47 U.S.C. 303) is amended-- (1) in subsection (z)-- (A) by adjusting the margins two ems to the left; (B) in paragraph (1), by striking ``video description'' each place it appears and inserting ``audio description''; and (C) in paragraph (2)-- (i) by striking ``available to'' and inserting the following: ``available-- ``(A) to''; (ii) in subparagraph (A), as so designated-- (I) by striking ``or render''; and (II) by striking ``audible.'' and inserting the following: ``audible, which-- ``(i) shall require encoding closed captions and audio description data along with audio and video transmission in a format that can be adjusted and rendered by the consumer equipment consistent with the requirements of subsection (cc); and ``(ii) does not include merely rendering closed captions or audio description into visual or aural forms on the source device; and''; and (iii) by adding at the end the following: ``(B) to enable the activation of closed captions, audio description, and emergency information on the consumer equipment.''; (2) in subsection (aa)-- (A) by adjusting the margins two ems to the left; (B) in paragraph (1)-- (i) by striking ``transmitted in digital format'' and inserting ``made available''; and (ii) by inserting ``or any successor protocol'' after ``protocol''; (C) in paragraph (2), by adding ``and'' at the end; (D) by striking paragraph (3); and (E) by redesignating paragraph (4) as paragraph (3); (3) in subsection (bb)-- (A) in paragraph (1), by adding ``and'' at the end; (B) by striking paragraph (2); (C) by redesignating paragraph (3) as paragraph (2); and (D) in paragraph (2), as redesignated, by adjusting the margins two ems to the left; and (4) by adding at the end the following: ``(cc) Require for all digital apparatus covered under subsection (aa) and navigation devices covered under subsection (bb) manufactured or imported into the United States that each apparatus or device-- ``(1) provides access to closed captioning activation by-- ``(A) if the apparatus or device is controlled by a physical remote control included with the device at the time of purchase, providing a tactilely identifiable, clearly labeled, and dedicated button on the remote control to activate and deactivate closed captions of at least similar size to other buttons on the remote control; and ``(B) if the apparatus or device is controlled by means other than a remote control, providing a prominently displayed, easily identifiable, accessible, and dedicated button, key, or icon to activate and deactivate closed captions; ``(2) provides access to audio description activation by-- ``(A) if the apparatus or device is controlled by a physical remote control included with the apparatus or device at the time of purchase, providing a tactilely identifiable, clearly labeled, and dedicated button on the remote control to activate and deactivate audio description of at least similar size to other buttons on the remote control; and ``(B) if the apparatus or device is controlled by means other than a remote control, providing a prominently displayed, easily identifiable, accessible, and dedicated button, key, or icon to activate and deactivate audio description; ``(3) provides access to closed captioning display settings, including the technical capabilities set forth in section 79.103(c) of title 47, Code of Federal Regulations, or any successor regulation, and audio description performance settings, including the capability to adjust the relative volumes of audio description and the audio track of a program, by-- ``(A) if the apparatus or device is controlled by a physical remote control included with the apparatus or device at the time of purchase, providing a tactilely identifiable button, clearly labeled, and dedicated button on the remote control-- ``(i) to permit the user to change closed captioning and audio description settings that permits previewing the settings while leaving the underlying programming visible and audible; and ``(ii) that is of at least similar size to other buttons on the remote control; and ``(B) if the apparatus or device is controlled by means other than a remote control, providing a dedicated mechanism that permits the user to change closed captioning and audio description settings that-- ``(i) is displayed proximately to the video playback interface; ``(ii) is easily discoverable; and ``(iii) permits previewing the settings while leaving the underlying programming visible and audible; ``(4) provides a user with a prompt to modify closed caption activation and display settings and audio description activation and performance settings required under paragraphs (1) through (3) upon initial power-on or upon a reset to factory settings of the apparatus or device; ``(5) ensures that closed caption activation and display settings and audio description activation and performance settings required under paragraphs (1) through (3) persist across all video playback functionality on the apparatus or device, including in applications or other software or plug-ins added by the user after the sale of the apparatus or device, and after powering off or restarting the apparatus or device, until a user changes the settings or the apparatus or device is reset to factory default settings by the user; and ``(6) provides the necessary hardware and software to achieve compatibility with existing peripheral devices or specialized customer premises equipment commonly used by individuals with disabilities to achieve access, including refreshable braille displays, sip and puff devices, and hearing aids.''. (b) Implementing Regulations.--Not later than 18 months after the date of enactment of this Act, the Federal Communications Commission shall prescribe such regulations as are necessary to implement the amendments made by subsection (a). TITLE III--COMMUNICATIONS SERVICES SEC. 301. VIDEO CONFERENCING. The Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended-- (1) in section 3 (47 U.S.C. 153), as amended by section 101-- (A) in paragraph (1)(D), by striking ``interoperable''; (B) by striking paragraph (26), as so redesignated by section 101; (C) by redesignating paragraphs (27) through (57), as so redesignated by section 101, as paragraphs (26) through (56), respectively; and (D) by inserting after paragraph (56), as so redesignated by subparagraph (C), the following: ``(57) Video conferencing service.--The term `video conferencing service' means a service that provides real-time video communications, including audio, to enable users to share information of the user's choosing.''; and (2) in section 716(e) (47 U.S.C. 617(e)), by adding at the end the following: ``(3) Revision of regulations; video conferencing services.--Not later than 18 months after the date on which the Advanced Communications Services Advisory Committee submits the report required under section 304(f)(1) of the Communications, Video, and Technology Accessibility Act of 2022, the Commission shall revise the regulations promulgated under this subsection to-- ``(A) require that all obligations applicable to advanced communications services, and equipment used for advanced communications services, extend to video conferencing services and equipment used for video conferencing services; ``(B) require that all advanced communications services and equipment capable of providing or enabling video conferencing services-- ``(i) have built-in closed captioning functionality using automatic speech recognition or similar or successor technologies; ``(ii) implement application programming interfaces or similar technical mechanisms to allow the interconnection of, and achieve compatibility with, assistive technologies and services, existing peripheral devices, and specialized customer premises equipment commonly used by individuals with disabilities to achieve access, including-- ``(I) third-party captioning services; ``(II) third-party video interpreting services; ``(III) forms of telecommunications relay services that have been approved by the Commission under section 225; ``(IV) screen-readers for all user interface elements; and ``(V) refreshable braille displays and other devices used for the tactile conveyance of textual information; and ``(iii) enable users and telecommunications relay service communications assistants to control the activation and de-activation, and customize the display, of captions, video interpreters, and communications assistants independently from hosts of video conferencing sessions; and ``(C) adopt quality requirements for built-in closed captioning functionality to facilitate effective communication under subparagraph (B)(i).''. SEC. 302. RELAY SERVICES. The Communications Act of 1934 (47 U.S.C. 151 et seq.), as amended by this Act, is amended-- (1) in section 225 (47 U.S.C. 225)-- (A) in subsection (a)-- (i) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; (ii) by inserting after paragraph (1) the following: ``(2) Communication facilitator.--The term `communication facilitator' means a skilled user of American Sign Language who-- ``(A) copies American Sign Language from a caller, as shown on a videophone screen; and ``(B) provides visual information to a DeafBlind person through close vision or tactile American Sign Language. ``(3) Direct video calling service.--The term `direct video calling service' means telephone customer support using one-to- one video communication that-- ``(A) is facilitated by a contact center representative; and ``(B) enables a real-time conversation to occur directly between not fewer than 2 parties using American Sign Language-- ``(i) not less than 1 of the parties to which is a governmental agency, business, non- profit organization, emergency authority, or other enterprise; and ``(ii) not less than 1 of the parties to which-- ``(I) is deaf, hard of hearing, or DeafBlind; or ``(II) has a speech disability or auditory processing disorder.''; and (iii) by striking paragraph (5), as so redesignated, and inserting the following: ``(5) Telecommunications relay services.--The term `telecommunications relay services' means-- ``(A) transmission services that provide the ability for an individual who is deaf, hard of hearing, or DeafBlind, or who has a speech disability or an auditory processing disorder, to engage in communication by wire or radio with 1 or more individuals, in a manner that is functionally equivalent to the ability of a hearing individual who does not have a speech disability to communicate using voice communication services or advanced communications services by wire or radio; and ``(B) other services facilitating functionally equivalent communication by wire or radio for an individual who is deaf, hard of hearing, or DeafBlind, or who has a speech disability or an auditory processing disorder, including the provision of communication facilitators for an individual who is DeafBlind and the provision of direct video calling services for a call center to facilitate point-to-point communication in American Sign Language between government agencies, businesses, emergency authorities, or other enterprises and users of American Sign Language.''; and (B) in subsection (d), by adding at the end the following: ``(4) American sign language access to emergency services; communication facilitators; direct video calling services.-- ``(A) In general.--Not later than 2 years after the date of enactment of this paragraph, the Commission shall promulgate such regulations as are necessary to-- ``(i) define as eligible for relay service support from the fund described in section 64.604(c)(5)(iii) of title 47, Code of Federal Regulations, as in effect on that date of enactment-- ``(I) programs that are approved by the Commission to support direct video calling services, including the use of those services to access emergency authorities; ``(II) programs that are approved by the Commission to support the provision of communication facilitators; and ``(III) programs that are designed, in accordance with subparagraph (B), to improve access to emergency authorities by users of video relay services and direct video calling services to achieve the objectives described in clause (ii); and ``(ii) achieve full, equal, and direct access to public safety answering points, as that term is defined in section 222(h), and other local emergency authorities, including emergency authorities responding to wireless calls made by dialing 9-1-1, by individuals who-- ``(I) are deaf, hard of hearing, or DeafBlind, or who have a speech disability; and ``(II) use American Sign Language. ``(B) Contents.--The regulations described in subparagraph (A)(i)(III) shall, at a minimum, require that users communicating by means of a video relay service, as that term is defined in section 64.601 of title 47, Code of Federal Regulations, or any successor regulation, shall be capable of using native dialing or 1-step access on a mobile phone so that such communication-- ``(i) includes the location information of the user, to be transmitted and delivered immediate and directly to the applicable emergency authority; and ``(ii) is received by the applicable emergency authority with the same speed and efficiency as a voice call made by dialing 9-1- 1. ``(5) Reassessment of available services and minimum standards.--Not later than 4 years after the date of enactment of this paragraph, and once every 4 years thereafter, the Commission shall, as necessary to respond to evolving communication technologies, reassess and, as necessary, update the regulations prescribed under this subsection to ensure that those regulations effectively satisfy the communication needs of individuals with disabilities who are covered by this Act, including by-- ``(A) assessing the need for new modes of telecommunications relay services; ``(B) increasing and improving the mandatory minimum standards to ensure the quality of telecommunications relay services; and ``(C) assessing the impact that evolving communication technologies have on the privacy of users of telecommunications relay services.''; and (2) by inserting after section 715 (47 U.S.C. 616) the following: ``SEC. 715A. VIDEO CONFERENCING SERVICES' SUPPORT OF RELAY SERVICES. ``(a) Definition.--In this section, the term `TRS Fund' means the fund described in 64.604(c)(5)(iii) of title 47, Code of Federal Regulations, as in effect on the date of enactment of this section. ``(b) Requirement.--Not later than 1 year after the date of enactment of this section, each provider of video conferencing services shall participate in, and contribute to, the TRS Fund in a manner prescribed by the Commission by regulation to provide for obligations of those providers that are consistent with, and comparable to, the obligations of other contributors to the TRS Fund. ``(c) Use of Amounts.--The Commission shall use contributions made under subsection (b) to carry out the program under subpart GG of part 64 of title 47, Code of Federal Regulations, as in effect on the date of enactment of this section.''. SEC. 303. NATIONAL DEAFBLIND EQUIPMENT DISTRIBUTION PROGRAM. Section 719 of the Communications Act of 1934 (47 U.S.C. 620) is amended-- (1) by striking subsections (a) and (b) and inserting the following: ``(a) Updated Regulations.--Not later than 18 months after the date of enactment of the Communications, Video, and Technology Accessibility Act of 2022, the Commission shall update the rules under section 64.610 of title 47, Code of Federal Regulations, or any successor regulation, to define as eligible for telecommunications relay service support those programs that are approved by the Commission for the distribution of specialized customer premises equipment and software designed to make telecommunications service, internet access service, and advanced communications, including interexchange services and advanced telecommunications and information services, accessible to individuals who are DeafBlind. ``(b) Definition.--In this section, the term `individual who is DeafBlind'-- ``(1) has the meaning given the term `individual who is deaf-blind' in section 206(2) of the Helen Keller National Center Act (29 U.S.C. 1905(2)), as amended by the Rehabilitation Act Amendments of 1992; and ``(2) includes an individual who-- ``(A) for the purposes of satisfying subparagraph (A)(i) of such section 206(2), has been diagnosed with a cortical or cerebral visual impairment; ``(B) for the purposes of satisfying subparagraph (A)(ii) of such section 206(2), has been diagnosed with an auditory processing disorder; or ``(C) for the purposes of satisfying subparagraphs (A)(i) and (A)(ii) of such section 206(2), has been diagnosed with both a cortical or cerebral visual impairment and an auditory processing disorder.''; and (2) in subsection (c), by striking ``$10,000,000'' and inserting ``$20,000,000, which the Commission shall adjust annually for inflation using an inflation factor determined by the Commission''. SEC. 304. ADVANCED COMMUNICATIONS SERVICES ADVISORY COMMITTEE. (a) Definitions.--In this section: (1) Advanced communications services; video conferencing service.--The terms ``advanced communications services'' and ``video conferencing service'' have the meanings given the terms in section 3 of the Communications Act of 1934 (47 U.S.C. 153), as amended by this Act. (2) Advisory committee.--The term ``Advisory Committee'' means the Advanced Communications Services Advisory Committee established under subsection (b). (3) Chair.--The term ``Chair'' means the Chair of the Commission. (4) Commission.--The term ``Commission'' means the Federal Communications Commission. (5) Telecommunications relay services.--The term ``telecommunications relay services'' has the meaning given the term in section 225(a) of the Communications Act of 1934 (47 U.S.C. 225(a)), as amended by this Act. (b) Establishment.--Not later than 60 days after the date of enactment of this Act, the Chair shall establish an advisory committee to be known as the Advanced Communications Services Advisory Committee. (c) Membership.--As soon as practicable after the date on which the Chair establishes the Advisory Committee, the Chair shall appoint individuals who have the technical knowledge and engineering expertise to serve on the Advisory Committee in the fulfillment of the duties of the Advisory Committee, including the following: (1) Representatives of entities involved in the provision of video conferencing services (or a national organization representing such entities). (2) Representatives of vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for the provision of video conferencing services (or a national organization representing such vendors, developers, or manufacturers). (3) Representatives of vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for the provision of assistive technologies used with video conferencing services (or a national organization representing such vendors, developers, or manufacturers). (4) Representatives of manufacturers of consumer electronics or information technology equipment engaged in the provision of video conferencing services (or a national organization representing such manufacturers). (5) Representatives of national organizations representing accessibility advocates, including people with disabilities and older Americans. (6) Representatives of service agencies engaged in the provision of captioning and interpretation services for video conferencing services. (7) Representatives of providers of telecommunications relay services. (8) Academic experts or representatives of research institutions with expertise regarding advanced communication services. (9) Individuals with technical and engineering expertise, as the Chair determines appropriate. (d) Commission Oversight.--The Chair shall appoint a member of the staff of the Commission to moderate and direct the work of the Advisory Committee. (e) Technical Staff.--The Chair shall appoint a member of the technical staff of the Commission to provide technical assistance to the Advisory Committee. (f) Development of Recommendations.-- (1) Advanced communications services report.--Not later than 1 year after the date on which the Advisory Committee first meets, the Advisory Committee shall submit to the Commission a report that, subject to paragraph (2), includes the following: (A) A recommended schedule of deadlines for-- (i) making video conferencing services and equipment accessible to individuals with disabilities; and (ii) compliance with quality metrics and thresholds for built-in closed captioning functionality for video conferencing services and equipment. (B) An identification of the protocols, technical capabilities, and technical procedures needed to-- (i) permit video conferencing services to include built-in closed captioning functionality; and (ii) allow the interconnection of, and compatibility with, assistive technologies and services, existing peripheral devices, and specialized customer premises equipment commonly used by individuals with disabilities to achieve access. (C) A recommendation for technical standards to address the protocols, technical capabilities, and technical procedures identified under subparagraph (B). (D) A recommendation for standards to be used to ensure that the quality of built-in closed captioning functionality for video conferencing services facilitates effective communication. (2) Consideration of work by standards-setting organizations.--The recommendations of the Advisory Committee contained in the report submitted under paragraph (1) shall, to the extent possible, incorporate the standards, protocols, and procedures that have been adopted by recognized industry standard-setting organizations for each of the purposes described in that paragraph. (g) Meetings.-- (1) Initial meeting.--The initial meeting of the Advisory Committee shall take place not later than 45 days after the date on which the Chair appoints the members of the Advisory Committee under subsection (c). (2) Other meetings.--After the initial meeting of the Advisory Committee under paragraph (1), the Advisory Committee shall meet at the call of the Chair. (3) Notice; open meetings.--Each meeting held by the Advisory Committee shall be-- (A) noticed not fewer than 14 days before the date of that meeting; and (B) open to the public. (h) Procedural Rules.-- (1) Quorum.--The presence of \1/3\ of the members of the Advisory Committee shall constitute a quorum for conducting the business of the Advisory Committee. (2) Subcommittees.--To assist the Advisory Committee in carrying out the functions of the Advisory Committee, the Chair may establish appropriate subcommittees composed of members of the Advisory Committee and other subject matter experts. (3) Additional procedural rules.--The Advisory Committee may adopt other procedural rules as needed. (i) Inapplicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Advisory Committee or the activities of the Advisory Committee. SEC. 305. REAL-TIME TEXT. Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.) is amended by inserting after section 716 (47 U.S.C. 617) the following: ``SEC. 716A. REAL-TIME TEXT. ``Not later than 2 years after the date of enactment of this section, the Commission shall revise the regulations of the Commission to require that all interconnected and non-interconnected VoIP services, whether delivered using wireless or wireline infrastructure, enable, so long as it is achievable (as defined in section 716)-- ``(1) the delivery of real-time text with other wireless and wireline VoIP services; and ``(2) connectivity of real-time text to public safety answering points, as defined in section 222(h).''. SEC. 306. ADVANCED COMMUNICATIONS SERVICES SOFTWARE. Section 716(e) of the Communications Act of 1934 (47 U.S.C. 617(e)) is amended by adding at the end the following: ``(3) Revision of regulations.--Not later than 1 year after the date of enactment of this paragraph, the Commission shall update the regulations prescribed under this subsection to require that all obligations applicable to equipment used for advanced communications services extend to software used for those services, without regard to whether that software is pre- installed on equipment used for those services.''. TITLE IV--EMERGING TECHNOLOGY SEC. 401. EMERGING TECHNOLOGY. Title VII of the Communications Act of 1934 (42 U.S.C. 601 et seq.) is amended by adding at the end the following: ``SEC. 723. EMERGING TECHNOLOGY ACCESSIBILITY. ``(a) Reports to Congress.--Not later than 3 years after the date of enactment of this section, and every 5 years thereafter, the Commission shall, in consultation with the United States Access Board, 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 assessing-- ``(1) the extent to which any accessibility barriers exist with respect to emerging communications and video programming technologies and services, including communication and video programming technologies that use augmented reality, virtual reality, extended reality, dual reality, artificial intelligence and other advanced machine learning, robotics, the Internet of Things, and other forms of advanced computing power; and ``(2) solutions needed to ensure that new or emerging communications and video programming technologies and services such as those described in paragraph (1)-- ``(A) are accessible to individuals with disabilities; or ``(B) provides the necessary hardware and software to achieve compatibility with existing peripheral devices or specialized customer premises equipment commonly used by individuals with disabilities to achieve access. ``(b) Regulations.--Not later than 2 years after the Commission submits each report required under subsection (a), the Commission shall issue new or update existing regulations for ensuring the accessibility of emerging communications and video programming technologies and services by individuals with disabilities where doing so is necessary to further the goals of the statutory provisions implemented by the regulations of the Commission under parts 6, 7, 14, and 79 of title 47, Code of Federal Regulations, or any successor regulation, intended to fulfill these goals.''. TITLE V--ENFORCEMENT AND REPORTING SEC. 501. ACCESSIBILITY ENFORCEMENT. Section 503(b)(5) of the Communications Act of 1934 (47 U.S.C. 503(b)(5)) is amended by inserting after ``uses that tower'' the following: ``, or in the case of violations of this Act related to requirements of accessibility for individuals with disabilities, including violations of section 225, section 255, section 276(b)(1)(A), subsections (u) through (cc) of section 303, section 330(b), section 710, section 711, section 713, or sections 715 through 719''. SEC. 502. REPORTS TO CONGRESS. Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.), as amended by section 401 of this Act, is amended-- (1) in section 717 (47 U.S.C. 618)-- (A) by striking subsection (b); (B) by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively; and (C) in subsection (d), as so redesignated, by striking ``subsection (d)'' and inserting ``subsection (c)''; and (2) by adding at the end the following: ``SEC. 724. ACCESSIBILITY REPORTING REQUIREMENTS. ``Not later than 2 years after the date of enactment of this section, and every 2 years thereafter, the Commission 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 the following: ``(1) The number and nature of complaints received pursuant to subsection (u), (z), (aa), or (bb) of section 303, section 330(b), section 713, and section 716(a) during the period covered by the report. ``(2) A description of the actions taken to resolve the complaints described in paragraph (1), including forfeiture penalties assessed. ``(3) The length of time that was taken by the Commission to resolve each such complaint. ``(4) The number, status, nature, and outcome of each action for mandamus filed pursuant to section 717(a)(6) and the number, status, nature, and outcome of each appeal filed pursuant to section 402(b)(10).''. <all>

Communications, Video, and Technology Accessibility Act of 2022

To update the 21st Century Communications and Video Accessibility Act of 2010.

Communications, Video, and Technology Accessibility Act of 2022

Rep. Eshoo, Anna G.

D

CA

H.R.3515

Crime and Law Enforcement

Preventing Anti-Semitic Hate Crimes Act This bill requires a designated officer or employee of the Department of Justice (DOJ) to facilitate the expedited review of anti-Semitic hate crimes and reports of anti-Semitic hate crimes. Further, the bill requires DOJ to issue guidance for state, local, and tribal law enforcement agencies on expanding public education campaigns to raise awareness of anti-Semitic hate crimes. Finally, the bill increases the statutory maximum prison term for an individual who is convicted of a federal hate crime offense after a prior conviction for a hate crime offense under federal law or a hate crime felony under state law.

To facilitate the expedited review of anti-Semitic hate crimes, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Anti-Semitic Hate Crimes Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Jews are the targets of the majority of hate crimes committed in the United States against any religious group, including attacks on houses of worship and Jewish community centers. (2) Amid ongoing conflict in May 2021 between Israel, which is one of the closest allies of the United States, and Hamas, which is a terrorist organization and has been designated by the United States as such since 1997, media reports indicate that there has been a dramatic increase in hate crimes and violence against Jews in the United States. (3) Media reports indicate that activists and mobs acting in support of the terrorist group, Hamas, and its sympathizers have incited and perpetrated hate crimes and violence against Jews in the United States in 2021. (4) A recent survey conducted by the Anti-Defamation League indicates that 63 percent of American Jews have directly experienced or witnessed anti-Semitic hate incidents within the past five years. (5) Anti-Semitism has long perpetrated myths about Jews, including the Russian fabrication of the Protocols of the Elders of Zion and the wide circulation of libelous falsehoods about the Jewish murder of infants. (6) In its most extreme form, anti-Semitism aims at the physical destruction of the Jewish people, as seen in pogroms, forced conversions and Nazi Germany's murder of over six million Jews. (7) Anti-Semitism has included attacks on the livelihood of Jews including prohibitions on land ownership, campaigns to boycott, confiscate or destroy Jewish businesses, and denial of the ability of Jews to practice certain professions. (8) In the United States, Jews have suffered from systematic discrimination in the form of exclusion from home ownership in certain neighborhoods, prohibition from staying in certain hotels, restrictions upon membership in private clubs and other associations, limitations upon admission to certain educational institutions and other barriers to equal justice under the law. (9) In the United States, Jews have faced, and continue to face, false accusations of divided loyalty between the United States and Israel, false claims that they purchase political power with money, and false accusations about control of the financial system, along with other negative stereotypes. (10) The people of the United States stand in solidarity with those affected by hate incidents directed toward the American Jewish community. SEC. 3. REVIEW OF HATE CRIMES. (a) In General.--Not later than 7 days after the date of enactment of this Act, the Attorney General shall designate an officer or employee of the Department of Justice whose responsibility during the applicable period shall be to facilitate the expedited review of anti- Semitic hate crimes (as described in section 249 of title 18, United States Code) and reports of any such crime to Federal, State, local, or Tribal law enforcement agencies. (b) Applicable Period Defined.--In this section, the term ``applicable period'' means the period beginning on the date on which the officer or employee is designated under subsection (a), and ending on the date that is 3 years after the date of enactment of this Act, except that the Attorney General may extend such period as appropriate. SEC. 4. IMPROVING ANTI-SEMITIC HATE CRIME PREVENTION EFFORTS. (a) Guidance for Law Enforcement Agencies.--The Attorney General shall issue guidance for State, local, and Tribal law enforcement agencies, pursuant to this Act and other applicable law, on how to expand public education campaigns aimed at raising awareness of anti- Semitic hate crimes and reaching victims, that are equally effective for people with disabilities as for people without disabilities. (b) Report to Congress.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, and every 90 days thereafter until December 31, 2024, the Attorney General shall issue a report to the appropriate congressional committees summarizing-- (A) the number of hate crimes and other incidents reported to the Federal Bureau of Investigation during the preceding 90 days for which the government has reason to believe that the victim was targeted because he or she is Jewish or was perceived to be Jewish; (B) the number of active investigations into anti- Semitic hate crimes, disaggregated by the division of the Department of Justice responsible for the investigation; (C) the number of active prosecutions of anti- Semitic hate crimes, disaggregated by district, primary charge filed, and whether the prosecution is primarily conducted by the relevant United States Attorney, the Criminal Division, or the Civil Rights Division; and (D) other efforts undertaken by the Department of Justice during the preceding 90 days to reduce the number of anti-Semitic hate crimes in the United States. (2) Appropriate congressional committees defined.--As used in this section, the term ``appropriate congressional committees'' means-- (A) the Committee on the Judiciary of the Senate; (B) the Committee on the Judiciary of the House of Representatives; (C) the Committee on Appropriations of the Senate; and (D) the Committee on Appropriations of the House of Representatives. (c) Enhanced Penalties for Repeat Violent Hate Crime Offenders.-- Section 249 of title 18, United States Code, is amended-- (1) by amending subsection (a)(1)(B) to read as follows: ``(B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if-- ``(i) the violation of this section occurs after a prior conviction under this section or a hate crime felony under State law has become final; ``(ii) death results from the offense; or ``(iii) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.''; (2) by amending subsection (a)(2)(A)(ii) to read as follows: ``(ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if-- ``(I) the violation of this section occurs after a prior conviction under this section or a hate crime felony under State law has become final; ``(II) death results from the offense; or ``(III) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.''; and (3) in subsection (c)-- (A) in paragraph (4), by striking ``and''; (B) in paragraph (5), by striking the period at the end and inserting ``; and''; and (C) adding at the end the following: ``(6) the term `hate crime felony under State law' means any crime under State law that-- ``(A) is punishable by more than one year; and ``(B) has as an element the use, attempted use, or threatened use of physical force against the person or property of another because of any actual or perceived characteristic listed in subsection (a)(1) or (a)(2).''. <all>

Preventing Anti-Semitic Hate Crimes Act

To facilitate the expedited review of anti-Semitic hate crimes, and for other purposes.

Preventing Anti-Semitic Hate Crimes Act

Rep. Kustoff, David

R

TN

H.R.4901

Housing and Community Development

Public Housing Procurement Improvement Act of 2021 This bill allows a public housing agency (PHA) to use any of the following contract arrangements in a federally funded low-income housing project for the development of dwelling units owned or operated by the PHA:

To authorize public housing agencies to utilize certain contractual arrangements in undertaking development projects involving public housing, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Housing Procurement Improvement Act of 2021''. SEC. 2. PUBLIC HOUSING AGENCY PROJECT DELIVERY SYSTEM AUTHORITY. (a) In General.--Section 5 of the United States Housing Act of 1937 (42 U.S.C. 1437c) is amended by adding at the end the following new subsection: ``(j) Project Delivery System Authority.--Notwithstanding any other provision of Federal, State, or local law, but not including requirements or standards of conduct covering conflicts of interest and governing the actions of public housing agency employees engaged in the selection, award, and administration of contracts and limiting noncompetitive contracts, the Secretary shall provide that, in undertaking any federally funded low-income housing project involving the development of dwelling units owned, operated, or maintained by a public housing agency, the public housing agency may utilize any of the following contractual arrangements: ``(1) Design-build.--Use of an engineering or construction firm, or team of firms, having the capability of performing all the engineering, design, procurement, and development by itself to execute the total scope of the project. ``(2) Construction management.--Use of a construction manager who is an independent contractor of the public housing agency, but not its agent, and has responsibility for providing analysis and advisory services related to value engineering, constructability, pricing and project risks during the design phase of the project, and complete responsibility for supervision, coordination, and administration of the construction phase of the project, including the responsibility for performing and procuring construction work. ``(3) Best value.--Use of a selection and evaluation process under which the public housing agency, or a panel selected by the agency, considers qualitative factors, including design solution, management, and schedule, and price, on some formula basis. ``(4) Prequalification.--Use of a selection and evaluation process under which the public housing agency, or a panel selected by the agency, that prequalifies proposers based on qualitative factors, including qualifications and experience, and subsequently allows only prequalified proposers to participate and bid in a best value selection and evaluation process. ``(5) Guaranteed maximum price.--Use of a reasonable contract pricing structure with safe harbors under which the total price for construction-phase work under a design-build or construction management at risk contract is established on a cost-plus basis with a guaranteed maximum amount that may be paid to the contractor, except for any adjustment under other contract clauses providing for equitable adjustment or other revision of the contract price under stated circumstance, after 95-percent completion of the project design.''. (b) Regulations.--The Secretary of Housing and Urban Development shall issue such regulations as may be necessary to carry out the provisions of this section 5(j) of the United States Housing Act of 1937, as added by the amendment made by subsection (a) of this section. <all>

Public Housing Procurement Improvement Act of 2021

To authorize public housing agencies to utilize certain contractual arrangements in undertaking development projects involving public housing, and for other purposes.

Public Housing Procurement Improvement Act of 2021

Rep. Torres, Ritchie

D

NY

H.R.5196

Housing and Community Development

Expediting Assistance to Renters and Landlords Act of 2021 This bill modifies the Department of the Treasury's Emergency Rental Assistance program by extending time limits on payments, allowing landlords to seek rents and arrears from the program without renter consent, and allowing renters to prove eligibility through attestation. The program provides grants to state and local governments to assist eligible households in paying rent and utility costs and other expenses related to housing incurred due to the COVID-19 pandemic. The bill extends the availability of program assistance from 18 to 24 months for eligible households. The bill also relaxes requirements for proof of eligibility by requiring only that households attest that they meet eligibility requirements instead of requiring proof of eligibility. It also allows for direct payment of funds to eligible households where the landlord refuses direct payment. Additionally, the bill allows a landlord to apply for program funds without the consent of a renter if the landlord agrees to certain terms, including a 120-day bar on evicting the renter for nonpayment. This bill also expands the stable housing services available under the program to additional low-income households. Further, the bill requires Treasury and state and local governments to increase outreach to renters and landlords and allows for coordination with public entities to provide application assistance services.

To expedite application for payment of rental arrearages by landlords and mandate tenant access to financial assistance, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Expediting Assistance to Renters and Landlords Act of 2021''. SEC. 2. EXPEDITING APPLICATIONS FOR PAYMENT OF RENTAL ARREARAGES BY LANDLORDS. (a) In General.--Section 501(f) of subtitle A of title V of Division M of the Consolidated Appropriations Act, 2021 (15 U.S.C. 9058a(f))is amended-- (1) by inserting after paragraph (2) the following: ``(3) Requirements for applications submitted on behalf of tenant without tenant consent.-- ``(A) In general.--The Secretary shall not later than 30 days after the date of the enactment of this paragraph establish a process for a landlord of a residential dwelling to submit an application on the behalf of a renter when such landlord is unable to obtain the consent of such renter to submit such application for after taking reasonable steps to obtain such signature, as determined by the Secretary. ``(B) Notice of application.--The process established by the Secretary pursuant to subparagraph (A) shall require a landlord of a residential dwelling who submits an application for assistance without the consent of the renter of such dwelling to notify the renter of the intent of the landlord to submit such application not less than 10 days before such landlord submits such application. ``(C) Satisfaction of outstanding monetary claims.--If a landlord of a residential dwelling submits an application for assistance on behalf of a renter without the consent of such renter and receives assistance under this section, such amount shall be deemed to satisfy all monetary claims relating to rent such landlord may have against such renter during the period between the date on which the national emergency concerning the novel coronavirus disease (COVID-19) outbreak was declared by the President and the date on which the application is submitted by the landlord. ``(D) Documentation.-- ``(i) In general.--The Secretary shall, with respect to documentation required for applications for assistance, establish methods for landlords to establish the income of a renter when the landlord does not have the consent of the renter, including the use of proxies of income. ``(ii) 4 or fewer dwellings.--The Secretary shall, where possible, limit the amount of documentation required for an application for assistance in the case of a landlord that owns 4 or fewer residential dwellings. ``(E) Conditions on assistance.-- ``(i) In general.--The landlord shall comply with any conditions the Secretary of the Treasury may prescribe to ensure that renters remain stably housed. ``(ii) 120-day eviction prohibition.--The Secretary of the Treasury shall, not later than 30 days after the date of the enactment of this paragraph, to ensure that renters remain stably housed, prohibit any landlord that receives assistance from a grantee under this section with respect to a particular renter from evicting such renter, except when the tenancy constitutes a direct threat to the health and safety of other individuals or would result in substantial physical damage to the property of others, during the 120-day period after the date on which such assistance was received by the landlord from the grantee. ``(iii) Eviction-related requirements.--The Secretary of the Treasury shall, not later than 30 days after the date of the enactment of this paragraph, require any landlord that receives assistance from a grantee under this section with respect to a particular renter to, with respect to such renter-- ``(I) set aside and vacate any past eviction judgement based on nonpayment of rent covered by the application for assistance; and ``(II) rescind any eviction notice and agree to seal any eviction filing, if applicable. ``(F) Notice of arrearages received.--If a grantee provides rental arrearages to a landlord based on an application submitted by the landlord on behalf of a renter, such landlord must-- ``(i) notify such renter that such rental arrearages were received from the grantee; ``(ii) notify such renter if the landlord applies for assistance in the amount of rent due during the 120-day period described in subparagraph (F); and ``(iii) inform such renter that the landlord is prohibited from terminating the lease agreement or evicting such renter, except when the tenancy constitutes a direct threat to the health and safety of other individuals or would result in substantial physical damage to the property of others, during the 120 day period after such rental arrearages were received by the landlord from the grantee. ``(G) Vacant properties.--The Secretary shall establish a process for a landlord to submit an application for assistance on behalf of a renter who has vacated a dwelling, provided that the landlord did not file an eviction notice on such renter. ``(H) Grantee notification process.--Each grantee that provides assistance to a landlord with respect to a residential dwelling under this paragraph shall establish a process to notify state and local courts and the renter of such residential dwelling that-- ``(i) rent is no longer past due with respect to such renter; and ``(ii) any eviction proceedings relating to the nonpayment of rent by such renter should be halted. ``(I) Notification of rights.--Each grantee that provides assistance to a landlord with respect to a residential dwelling under this paragraph shall inform the renter of such residential dwelling about-- ``(i) the rights of such renter under the Fair Housing Act and relevant State and local laws relating to fair housing; and ``(ii) how such renter can file complaints with respect to violations of the Fair Housing Act and violations of relevant State and local laws relating to fair housing. ``(J) Rule of construction.--Nothing in this paragraph may be construed to prevent a renter of a dwelling from applying for assistance related to items described in section 501(c)(2)(A) that are not included in an application submitted by a landlord on behalf of the renter.''. (b) Prioritization of Assistance.--Section 501(c)(4) of subtitle A of title V of Division M of the Consolidated Appropriations Act, 2021 (15 U.S.C. 9058a(c)(4)) is amended by adding at the end the following: ``(C) The grantee shall prioritize applications filed by renters and applications filed by landlords on behalf of renters with the consent of the renter over any application filed by a landlord without the consent of a renter.''. SEC. 3. MANDATING TENANT ACCESS TO FINANCIAL ASSISTANCE. (a) In General.--Section 501(c) of subtitle A of title V of Division M of the Consolidated Appropriations Act, 2021 (15 U.S.C. 9058a(c)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A)-- (i) by striking ``12 months'' and inserting ``20 months''; and (ii) by striking ``for an additional 3 months'' and inserting ``for an additional 4 months''; (B) in subparagraph (B)(i), by striking ``3 months'' and inserting ``4 months''; and (C) in subpargraph (C)(i)(I) by striking ``the grantee may make such payments'' and inserting ``the grantee shall make such payments''; and (2) in paragraph (3) by striking ``to provide eligible households'' and inserting ``to provide `low-income families' as such term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b))''. (b) Extended Period for Assistance.--Section 3201(d)(1)(A) of the American Rescue Plan Act of 2021 is amended-- (1) in clause (i), by striking ``18 months'' and inserting ``24 months''; and (2) in clause (ii), by striking ``18 months'' and inserting ``24 months''. (c) Limitation of Liability.--Section 501 of subtitle A of title V of Division M of the Consolidated Appropriations Act, 2021 (15 U.S.C. 9058a) is amended by adding at the end the following: ``(m) Safe Harbor.--A grantee may not be subject to liability for the provision of assistance under this section to a renter who does not meet the eligibility requirements set forth under this section if such grantee provides such assistance in good faith reliance on attestations of eligibility or use of proxies of income provided by the renter pursuant to the requirements of this section or rules issued by the Secretary under this section.''. (d) Eligible Household Defined.--Section 501(k)(3) of subtitle A of title V of Division M of the Consolidated Appropriations Act, 2021 (15 U.S.C. 9058a(k)(3)) is amended-- (1) in subparagraph (A)-- (A) by striking ``with respect to which the eligible grantee involved determines'' and inserting ``with respect to which the eligible grantee determines by accepting any attestation of the household as true,''; and (B) by striking ``hardship due, directly'' an inserting ``hardship, during or due, directly'' (2) by striking in subparagraph (C) and inserting the following: ``(C) Income determination.--In determining the income of a household for purposes of determining such household's eligibility for assistance from a payment made under this section (including for purposes of subsection (c)(4)), the eligible grantee involved shall accept any attestation of the household with respect to eligibility as true.''. (e) Lease Requirement Prohibited.--Section 501 of subtitle A of title V of Division M of the Consolidated Appropriations Act, 2021 (15 U.S.C. 9058a) is amended by adding at the end the following: ``(n) Lease Requirement Prohibited.--The Secretary shall prohibit grantees from requiring a renter to submit a written lease agreement to be eligible for assistance under this section.''. SEC. 4. PERFORMANCE IMPROVEMENT PLANS. Section 501(c) of subtitle A of title V of Division M of the Consolidated Appropriations Act, 2021 (15 U.S.C. 9058a(c)) is amended by adding at the end the following: ``(6) Performance improvement plans.--The Secretary shall require any eligible grantee that has, on September 30, 2021, obligated less than 25 percent of any amounts such eligible grantee has received under this section to provide to the Secretary a performance improvement plan that explains how such eligible grantee will expedite the delivery of assistance to renters and landlords.''. SEC. 5. OUTREACH TO RENTERS AND LANDLORDS AND TECHNICAL ASSISTANCE. Section 501 of subtitle A of title V of Division M of the Consolidated Appropriations Act, 2021 (15 U.S.C. 9058a) is amended by adding at the end the following: ``(o) Outreach and Technical Assistance.-- ``(1) Outreach.--The Secretary and the grantee shall conduct outreach to renters and landlords to ensure maximum participation in the emergency rental assistance program established under this section, including by-- ``(A) not later than 30 days after the date of the enactment of this subsection sending direct mail to all taxpayers that educates the taxpayers about the emergency rental assistance program established under this section and how the taxpayer may qualify for assistance; ``(B) not later than 30 days after the date of the enactment of this subsection sending direct mail to taxpayers who received rental income in 2020 that informs such taxpayers that renters of their dwellings may qualify for the emergency rental assistance program established under this section; and ``(C) purchasing television, radio and electronic advertisement to educate Americans about the emergency rental assistance program established under this section and how Americans may qualify for assistance. ``(2) Technical assistance.--The Secretary shall provide technical assistance to grantees and this technical assistance shall include-- ``(A) assisting grantees with the development and administration of programs under this section; ``(B) providing technical advice and technology to grantees, including software and automated payment disbursement tools; and ``(C) other information and technical assistance as the Secretary determines appropriate to assist grantees to achieve the objectives of this section. ``(3) Authorization of appropriations.--There are authorized to be appropriated to the Secretary of the Treasury to carry out the outreach and technical assistance required under this subsection $50,000,000 for use in fiscal year 2022.''. SEC. 6. RECAPTURE PROCESS MODIFICATION. Section 501(d) of subtitle A of title V of Division M of the Consolidated Appropriations Act, 2021 (15 U.S.C. 9058a(d)) is amended-- (1) by striking ``Beginning on September 30, 2021,'' and inserting the following: ``(1) In general.--Beginning on September 30, 2021,''; (2) by striking ``The amount of any such reallocation'' and inserting the following: ``(2) Amount.-- The amount of any such reallocation''; and (3) in paragraph (1)-- (A) by striking ``uses described under subsection (c).'' and inserting ``uses described under subsection (c);''; (B) by striking ``to eligible grantees'' and inserting the following: ``(A) to eligible grantees''; and (C) by inserting after subparagraph (A) the following: ``(B) to any nonprofit entity that primarily provides housing services and operates in the jurisdiction of the grantee from whom the funds were recaptured; or ``(C) to a public or private entity supervised by a court that primarily provides housing services and operates in the jurisdiction of the grantee from whom the funds were recaptured.''. SEC. 7. COLLABORATION WITH PUBLIC ENTITIES. (a) In General.--Section 501 of subtitle A of title V of Division M of the Consolidated Appropriations Act, 2021 (15 U.S.C. 9058a) is amended-- (1) in subsection (c)(5)(A)-- (A) by striking ``10 percent'' and inserting ``15 percent''; and (B) by striking ``related to such funds.'' and inserting ``related to such funds and for collaboration with public entities as described in subsection (n).''. (2) by adding at the end the following: ``(p) Collaboration With Public Entities.-- ``(1) In general.--The Secretary of the Treasury shall, not later than 30 days after the enactment of this subsection, issue guidance designed to instruct eligible grantees with respect to how best to collaborate with public entities to provide application assistance services. ``(2) Use of amounts paid to eligible grantee.-- Notwithstanding subsection (c)(5), an eligible grantee that collaborates with public entities pursuant to the guidance issued by the Secretary of the Treasury pursuant to paragraph (1) may use amounts available for administrative costs under section (c)(5) to, in coordination with one or more public entities, develop any administrative infrastructure necessary to provide application assistance services, including-- ``(A) training the employees of a public entity or other designated institutional representative of a public entity about how to complete the emergency rental application process; ``(B) maintaining physical and electronic copies of all documents needed to apply for assistance; ``(C) establishing methods of communication between eligible grantees, public entities, community organizations, and individual households; ``(D) providing language translation services; ``(E) developing community outreach materials, programs, and initiatives; and ``(F) collecting and storing relevant documentation on-site at the public entity, or with a third party in a manner that complies with Federal, State, and local law. ``(3) Definitions.--In this subsection: ``(A) Application assistance services.--The term `application assistance services' means-- ``(i) distributing applications for assistance to individuals that may qualify for assistance; and ``(ii) assisting individuals applying or assistance. ``(B) Public entity.--The term public entity includes-- ``(i) public elementary schools and public secondary schools (as such terms are defined under section 8101 of the Elementary and Secondary Education Act of 1965); ``(ii) public libraries; ``(iii) HUD-approved housing counseling agencies and other entities receiving funds under section 3204 of the American Rescue Plan Act of 2021; ``(iv) courts that handle eviction related matters; ``(v) public housing agencies; ``(vi) public transit systems; ``(vii) State departments of motor vehicles; ``(viii) the United States Postal Service; and ``(ix) Federal, State, and local social service providers.''; and (b) Collaboration With Public Entities.--Section 3201 of the American Rescue Plan Act of 2021 is amended by adding at the end the following: ``(i) Collaboration With Public Entities.-- ``(1) In general.--The Secretary of the Treasury shall, not later than 30 days after the enactment of this subsection, issue guidance designed to instruct eligible grantees with respect to how best to collaborate with public entities to provide application assistance services. ``(2) Use of amounts paid to eligible grantee.--An eligible grantee that collaborates with public entities pursuant to the guidance issued by the Secretary of the Treasury pursuant to paragraph (1) may use not more than 15 percent of the amount paid to such eligible grantee under this section to, in coordination with one or more public entities, develop any administrative infrastructure necessary to provide application assistance services, including-- ``(A) training the employees of a public entity or other designated institutional representative of a public entity about how to complete the emergency rental application process; ``(B) maintaining physical and electronic copies of all documents needed to apply for assistance; ``(C) establishing methods of communication between eligible grantees, public entities, community organizations, and individual households; ``(D) providing language translation services; ``(E) developing community outreach materials, programs, and initiatives; and ``(F) collecting and storing relevant documentation on-site at the public entity, or with a third party in a manner that complies with Federal, State, and local law. ``(3) Definitions.--In this subsection: ``(A) Application assistance services.--The term `application assistance services' means-- ``(i) distributing applications for assistance to individuals that may qualify for assistance; and ``(ii) assisting individuals applying or assistance. ``(B) Public entity.--The term public entity includes-- ``(i) public elementary schools and public secondary schools (as such terms are defined under section 8101 of the Elementary and Secondary Education Act of 1965); ``(ii) public libraries; ``(iii) public housing agencies; ``(iv) public transit systems; ``(v) State departments of motor vehicles; ``(vi) the United States Postal Service; and ``(vii) Federal, State, and local social service providers.''. <all>

Expediting Assistance to Renters and Landlords Act of 2021

To expedite application for payment of rental arrearages by landlords and mandate tenant access to financial assistance, and for other purposes.

Expediting Assistance to Renters and Landlords Act of 2021

Rep. Waters, Maxine

D

CA

S.2019

International Affairs

Hastening Arms Limitations Talks Act of 2021 or the HALT Act of 2021 This bill prohibits the obligation or expenditure of funds to conduct an explosive nuclear weapons test that produces yield unless (1) the President details any change to the condition of the U.S. nuclear weapons stockpile from the previous year, and (2) Congress enacts a joint resolution approving the test. Further, the bill declares it to be U.S. policy to lead international negotiations on specific arms-reduction measures.

To reduce and eliminate threats posed by nuclear weapons to the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Hastening Arms Limitations Talks Act of 2021'' or the ``HALT Act of 2021''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The use of nuclear weapons poses an existential threat to humanity, a fact that led President Ronald Reagan and Soviet Premier Mikhail Gorbachev to declare in a joint statement in 1987 that a ``nuclear war cannot be won and must never be fought''. (2) On June 12, 1982, an estimated 1,000,000 people attended the largest peace rally in United States history, in support of a movement to freeze and reverse the nuclear arms race, a movement that helped to create the political will necessary for the negotiation of several bilateral arms control treaties between the United States and former Soviet Union, and then the Russian Federation. Those treaties contributed to strategic stability through mutual and verifiable reciprocal nuclear weapons reductions. (3) Since the advent of nuclear weapons in 1945, millions of people around the world have stood up to demand meaningful, immediate international action to halt, reduce, and eliminate the threats posed by nuclear weapons, nuclear weapons testing, and nuclear war, to humankind and the planet. (4) In 1970, the Treaty on the Non-Proliferation of Nuclear Weapons done at Washington, London, and Moscow July 1, 1968 (21 UST 483) (commonly referred to as the ``Nuclear Non- Proliferation Treaty'' or the ``NPT'') entered into force, which includes a binding obligation on the 5 nuclear-weapon states (commonly referred to as the ``P5''), among other things, ``to pursue negotiations in good faith on effective measures relating to the cessation of the nuclear arms race . . . and to nuclear disarmament''. (5) Bipartisan United States global leadership has curbed the growth in the number of countries possessing nuclear weapons and has slowed overall vertical proliferation among countries already possessing nuclear weapons, as is highlighted by a more than 85-percent reduction in the United States nuclear weapons stockpile from its Cold War height of 31,255 in 1967. (6) The United States testing of nuclear weapons is no longer necessary as a result of the following major technical developments since the Senate's consideration of the Comprehensive Nuclear-Test-Ban Treaty (commonly referred to as the ``CTBT'') in 1999: (A) The verification architecture of the Comprehensive Nuclear Test-Ban-Treaty Organization (commonly referred to as the ``CTBTO'')-- (i) has made significant advancements, as seen through its network of 300 International Monitoring Stations and its International Data Centre, which together provide for the near instantaneous detection of nuclear explosives tests, including all 6 such tests conducted by North Korea between 2006 and 2017; and (ii) is operational 24 hours a day, 7 days a week. (B) Since the United States signed the CTBT, confidence has grown in the science-based Stockpile Stewardship and Management Plan of the Department of Energy, which forms the basis of annual certifications to the President regarding the continual safety, security, and effectiveness of the United States nuclear deterrent in the absence of nuclear testing, leading former Secretary of Energy Ernest Moniz to remark in 2015 that ``lab directors today now state that they certainly understand much more about how nuclear weapons work than during the period of nuclear testing''. (7) Despite the progress made to reduce the number and role of, and risks posed by, nuclear weapons, and to halt the Cold War-era nuclear arms race, tensions between countries that possess nuclear weapons are on the rise, key nuclear risk reduction treaties are under threat, significant stockpiles of weapons-usable fissile material remain, and a qualitative global nuclear arms race is now underway with each of the countries that possess nuclear weapons spending tens of billions of dollars each year to maintain and improve their arsenals. (8) The Russian Federation is pursuing the development of destabilizing types of nuclear weapons that are not presently covered under any existing arms control treaty or agreement and the People's Republic of China, India, Pakistan, and North Korea have each taken concerning steps to diversify their more modest sized, but nonetheless very deadly, nuclear arsenals. (9) Former President Donald J. Trump's 2018 Nuclear Posture Review called for the development of two new nuclear weapons capabilities, which have the effect of lowering the threshold for nuclear weapons use: (A) A low-yield warhead on a submarine-launched ballistic missile, which was deployed before the date of the enactment of this Act. (B) A sea-launched cruise missile, still under development on the date of the enactment of this Act. (10) On February 3, 2021, President Joseph R. Biden preserved binding and verifiable limits on the deployed and non-deployed strategic forces of the largest two nuclear weapons powers through the five-year extension of the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed April 8, 2010, and entered into force February 5, 2011 (commonly referred to as the ``New START Treaty''). (11) In 2013, the report on a nuclear weapons employment strategy of the United States submitted under section 492 of title 10, United States Code, determined that it is possible to ensure the security of the United States and allies and partners of the United States and maintain a strong and credible strategic deterrent while safely pursuing up to a \1/ 3\ reduction in deployed nuclear weapons from the level established in the New START Treaty. (12) On January 12, 2017, then-Vice President Biden stated, ``[G]iven our non-nuclear capabilities and the nature of today's threats--it's hard to envision a plausible scenario in which the first use of nuclear weapons by the United States would be necessary. Or make sense.''. (13) In light of moves by the United States and other countries to increase their reliance on nuclear weapons, a global nuclear freeze would seek to halt the new nuclear arms race by seeking conclusion of a comprehensive and verifiable freeze on the testing, deployment, and production of nuclear weapons and delivery vehicles for such weapons. SEC. 3. STATEMENT OF POLICY. The following is the policy of the United States: (1) The United States should build upon its decades long, bipartisan efforts to reduce the number and salience of nuclear weapons by leading international negotiations on specific arms- reduction measures as part of a 21st century global nuclear freeze movement. (2) Building on the successful extension of the New START Treaty, the United States should engage with all other countries that possess nuclear weapons to seek to negotiate and conclude future multilateral arms control, disarmament, and risk reduction agreements, which should contain some or all of the following provisions: (A) An agreement by the United States and the Russian Federation on a follow-on treaty or agreement to the New START Treaty that may lower the central limits of the Treaty and cover new kinds of strategic delivery vehicles or non-strategic nuclear weapons. (B) An agreement on a verifiable freeze on the testing, production, and further deployment of all nuclear weapons and delivery vehicles for such weapons. (C) An agreement that establishes a verifiable numerical ceiling on the deployed shorter-range and intermediate-range and strategic delivery systems (as defined by the INF Treaty and the New START Treaty, respectively) and the nuclear warheads associated with such systems belonging to the P5, and to the extent possible, all countries that possess nuclear weapons, at August 2, 2019, levels. (D) An agreement by each country to adopt a policy of no first use of nuclear weapons or provide transparency into its nuclear declaratory policy. (E) An agreement on a proactive United Nations Security Council resolution that expands access by the International Atomic Energy Agency to any country found by the Board of Governors of that Agency to be noncompliant with its obligations under the NPT. (F) An agreement to refrain from configuring nuclear forces in a ``launch on warning'' or ``launch under warning'' nuclear posture, which may prompt a nuclear armed country to launch a ballistic missile attack in response to detection by an early-warning satellite or sensor of a suspected incoming ballistic missile. (G) An agreement not to target or interfere in the nuclear command, control, and communications (commonly referred to as ``NC3'') infrastructure of another country through a kinetic attack or a cyberattack. (H) An agreement on transparency measures or verifiable limits, or both, on hypersonic cruise missiles and glide vehicles that are fired from sea- based, ground, and air platforms. (I) An agreement to provide a baseline and continuous exchanges detailing the aggregate number of active nuclear weapons and associated systems possessed by each country. (3) The United States should rejuvenate efforts in the United Nations Conference on Disarmament toward the negotiation of a verifiable Fissile Material Treaty or Fissile Material Cutoff Treaty, or move negotiations to another international body or fora, such as a meeting of the P5. Successful conclusion of such a treaty would verifiably prevent any country's production of highly enriched uranium and plutonium for use in nuclear weapons. (4) The United States should convene a series of head-of- state level summits on nuclear disarmament modeled on the Nuclear Security Summits process, which saw the elimination of the equivalent of 3,000 nuclear weapons. (5) The President should seek ratification by the Senate of the CTBT and mobilize all countries covered by Annex 2 of the CTBT to pursue similar action to hasten entry into force of the CTBT. The entry into force of the CTBT, for which ratification by the United States will provide critical momentum, will activate the CTBT's onsite inspection provision to investigate allegations that any country that is a party to the CTBT has conducted a nuclear test of any yield. (6) The President should make the accession of North Korea to the CTBT a component of any final agreement in fulfilling the pledges the Government of North Korea made in Singapore, as North Korea is reportedly the only country to have conducted a nuclear explosive test since 1998. (7) The United States should-- (A) refrain from developing any new designs for nuclear warheads or bombs, but especially designs that could add a level of technical uncertainty into the United States stockpile and thus renew calls to resume nuclear explosive testing in order to test that new design; and (B) seek reciprocal commitments from other countries that possess nuclear weapons. SEC. 4. PROHIBITION ON USE OF FUNDS FOR NUCLEAR TEST EXPLOSIONS. (a) In General.--None of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 or any fiscal year thereafter, or authorized to be appropriated or otherwise made available for any fiscal year before fiscal year 2022 and available for obligation as of the date of the enactment of this Act, may be obligated or expended to conduct or make preparations for any explosive nuclear weapons test that produces any yield until such time as-- (1) the President submits to Congress an addendum to the report required by section 4205 of the Atomic Energy Defense Act (50 U.S.C. 2525) that details any change to the condition of the United States nuclear weapons stockpile from the report submitted under that section in the preceding year; and (2) there is enacted into law a joint resolution of Congress that approves the test. (b) Rule of Construction.--Subsection (a) does not limit nuclear stockpile stewardship activities that are consistent with the zero- yield standard and other requirements under law. <all>

HALT Act of 2021

A bill to reduce and eliminate threats posed by nuclear weapons to the United States, and for other purposes.

HALT Act of 2021 Hastening Arms Limitations Talks Act of 2021

Sen. Markey, Edward J.

D

MA

H.R.2604

Energy

Accessing America's Critical Minerals Act of 2021 This bill establishes deadlines to complete the environmental review of critical mineral projects on federal land and sets forth related requirements to expedite the review of such projects under the National Environmental Policy Act of 1969 (NEPA). If an environmental assessment or environmental impact statement is required for such project, then all necessary federal review and permit considerations must be completed within 18 or 24 months, respectively. However, the review may exceed the time limit if the project sponsor agrees. The lead agency of the environmental review of such project must allow a state or local government, an Indian tribe, a project sponsor, or another appropriate entity to assume certain federal responsibilities regarding the environmental review of the project upon the request of such entity. Further, the bill authorizes a lead agency to determine that the requirements of NEPA have been satisfied if a state or federal agency acting under state or federal law has addressed specified factors, such as the environmental impact of the action to be conducted under the permit. If the lead agency does not make such a determination, then the agency must enter into an agreement with the project sponsor to set time limits for each part of the permitting process.

To improve the permitting process for critical mineral projects, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Accessing America's Critical Minerals Act of 2021''. SEC. 2. PERMITTING. (a) Sense of Congress.--It is the sense of Congress that-- (1) critical minerals are fundamental to the economy, competitiveness, and security of the United States; (2) to the maximum extent practicable, the critical mineral needs of the United States should be satisfied by minerals, elements, substances, and materials responsibly produced and recycled in the United States; and (3) the current Federal permitting process is an impediment to mineral production and the mineral security of the United States. (b) Coordination on Permitting Process.-- (1) In general.--The Secretary, in consultation with appropriate Federal agencies, shall, to the maximum extent practicable, with respect to the Federal permitting and review process for critical mineral projects on Federal land-- (A) establish and adhere to timelines and schedules for the consideration of, and final decisions regarding, applications, operating plans, leases, licenses, permits, and other use authorizations for mineral-related activities on Federal land; (B) establish clear, quantifiable, and temporal permitting performance goals and tracking progress against those goals; (C) engage in early collaboration among agencies, project sponsors, and affected stakeholders-- (i) to incorporate and address the interests of each such agency, sponsor, and stakeholder; and (ii) to minimize delays; (D) ensure transparency and accountability by using cost-effective information technology to collect and disseminate information regarding individual critical mineral projects and agency performance; (E) engage in early and active consultation with State and local governments and Indian Tribes to avoid conflicts or duplication of effort, resolve concerns, and allow for concurrent, rather than sequential, State, local, Tribal, and Federal environmental and regulatory reviews; (F) meet or exceed the performance metrics contained in subsection (g); (G) expand and institutionalize permitting and review process improvements that have proven effective; (H) develop mechanisms to better communicate priorities and resolve disputes among agencies at the national, regional, State, and local levels; and (I) develop other practices to improve the regulatory processes, such as preapplication procedures. (2) Considerations.--In carrying out paragraph (1), the lead agency shall consider deferring to, and relying on, baseline data, analyses, and reviews performed by State agencies with jurisdiction over the proposed critical mineral project. (3) Memorandum of agreement.--The lead agency with respect to a critical mineral project on Federal land, in consultation with any other Federal agency with jurisdiction over such project, shall, upon request of the project sponsor, a State or local government, an Indian Tribe, or other entity such lead agency determines appropriate, establish a memorandum of agreement with the project sponsor, a State or local government, an Indian Tribe, or another entity such lead agency determines appropriate to carry out the activities described in this subsection. (4) Time limit for permitting process.--Notwithstanding any other provision of law, and except with agreement of the project sponsor, the total period for all necessary Federal reviews and permit consideration for a critical mineral project on Federal land reasonably expected to produce critical minerals may not exceed-- (A) with respect to a project that requires an environmental assessment under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4331(2)(C)), 18 months; or (B) with respect to a project that requires an environmental impact statement under such section, 24 months. (c) Determination Under National Environmental Policy Act.-- (1) In general.--To the extent that the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) applies to the issuance of any mineral exploration or mine permit relating to a critical mineral project, the lead agency may deem the requirements of such Act satisfied if the lead agency determines that a State or Federal agency acting under State or Federal law has addressed the following factors: (A) The environmental impact of the action to be conducted under the permit. (B) Possible alternatives to issuance of the permit. (C) The relationship between long- and short-term uses of the local environment and the maintenance and enhancement of long-term productivity. (D) Any irreversible and irretrievable commitment of resources that would be involved in the proposed action. (2) Publication.--The lead agency shall publish a determination under paragraph (1) not later than 90 days after receipt of an application for the permit. (3) Verification.--The lead agency shall publish a determination that the factors under paragraph (1) have been sufficiently addressed and public participation has occurred with regard to any authorizing actions before issuing any mineral exploration or mine permit for a critical mineral project. (d) Schedule for Permitting Process.--For any critical mineral project for which the lead agency cannot make the determination described in subsection (c), at the request of a project sponsor, the lead agency, cooperating agencies, and any other agencies involved with the mineral exploration or mine permitting process shall enter into an agreement with the project sponsor that sets time limits for each part of the permitting process, including-- (1) the decision on whether to prepare an environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (2) a determination of the scope of any environmental impact statement or similar analysis required under such Act; (3) the scope of, and schedule for, the baseline studies required to prepare an environmental impact statement or similar analysis required under such Act; (4) preparation of any draft environmental impact statement or similar analysis required under such Act; (5) preparation of a final environmental impact statement or similar analysis required under such Act; (6) any consultations required under applicable law; (7) submission and review of any comments required under applicable law; (8) publication of any public notices required under applicable law; and (9) any final or interim decisions. (e) Addressing Public Comments.--As part of the review process of a critical mineral project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the lead agency may not address any agency or public comments that were not submitted-- (1) during a public comment period or consultation period provided during the permitting process; or (2) as otherwise required by law. (f) Review and Report.--Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of Agriculture shall submit to Congress a report that-- (1) identifies additional measures (including regulatory and legislative proposals, as appropriate) that would increase the timeliness of permitting activities for the exploration and development of domestic critical minerals; (2) identifies options (including cost recovery paid by permit applicants, as appropriate) for ensuring adequate staffing and training of Federal entities and personnel responsible for the consideration of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral projects on Federal land; (3) quantifies the amount of time typically required (including a range derived from minimum and maximum durations, mean, median, variance, and any other statistical measure or representation the Secretary and the Secretary of Agriculture determine appropriate) to complete each step (including those aspects outside the control of the executive branch, such as judicial review, applicant decisions, or State and local government involvement) associated with the development and processing of applications, operating plans, leases, licenses, permits, and other use authorizations for a mineral exploration or mine permit for a critical mineral project; and (4) describes actions carried out pursuant to subsection (b). (g) Performance Metric.--Not later than 90 days after the date of submission of the report under subsection (e), the Secretary and the Secretary of Agriculture, after providing public notice and an opportunity to comment, shall develop and publish a performance metric for evaluating the progress made by the executive branch to expedite the permitting of critical mineral projects. (h) Annual Reports.--Beginning with the first budget submission by the President under section 1105 of title 31, United States Code, after publication of the performance metric required under subsection (f), and annually thereafter, the Secretary and the Secretary of Agriculture shall jointly submit to Congress a report that-- (1) summarizes the implementation of recommendations, measures, and options identified in paragraphs (1) and (2) of subsection (f); (2) using the performance metric under subsection (d), describes progress made by the executive branch, as compared to the baseline established pursuant to subsection (c)(3), on expediting the permitting of activities that will increase exploration for, and development of, domestic critical minerals; and (3) compares the United States to other countries in terms of permitting efficiency and any other criteria relevant to the globally competitive critical minerals industry. (i) Individual Projects.--Using data from the Secretary of Agriculture and the Secretary generated under subsection (g), the Director of the Office of Management and Budget shall prioritize inclusion of individual critical mineral projects on the website operated by the Office of Management and Budget in accordance with section 1122 of title 31, United States Code. (j) Report of Small Business Administration.--Not later than 1 year and 300 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall submit to the Committees on Small Business and Natural Resources of the House of Representatives and Small Business and Entrepreneurship and Energy and Natural Resources of the Senate a report that assesses the performance of Federal agencies with respect to-- (1) complying with chapter 6 of title 5, United States Code, in promulgating regulations applicable to the critical minerals industry; and (2) performing an analysis of regulations applicable to the critical minerals industry that may be outmoded, inefficient, duplicative, or excessively burdensome. (k) Definitions.--In this section: (1) Byproduct.--The term ``byproduct'' has the meaning given such term in section 7002 of the Consolidated Appropriations Act, 2021 (Public Law 116-260). (2) Critical mineral.--The term ``critical mineral'' has the meaning given such term in section 7002 of the Consolidated Appropriations Act, 2021 (Public Law 116-260) except that such term shall not exclude materials described in subsection (a)(3)(B)(iii) of such section. (3) Critical mineral project.--The term ``critical mineral project'' means a project-- (A) located on-- (i) a mining claim, millsite claim, or tunnel site claim for any locatable mineral; (ii) lands open to mineral entry; or (iii) a Federal mineral lease; and (B) for the purpose of producing a critical mineral, including-- (i) as a byproduct, or a product of a host mineral, or from tailings; or (ii) through an exploration project with respect to which the presence of a byproduct is a reasonable expectation, based on known mineral companionality, geologic formation, mineralogy, or other factors. (4) Indian tribe.--The term ``Indian Tribe'' has the meaning given such term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means-- (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; and (G) the United States Virgin Islands. (7) Lead agency.--The term ``lead agency'' means the agency with primary responsibility for issuing a mineral exploration or mine permit for a project. (8) Mineral exploration or mine permit.--The term ``mineral exploration or mine permit'' means-- (A) an authorization of the Bureau of Land Management or the Forest Service, as applicable, for a premining activity that requires analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (B) a plan of operations issued by the Bureau of Land Management or the Forest Service; and (C) a permit for a project located in an area for which a hardrock mineral permit or lease is available. <all>

Accessing America’s Critical Minerals Act of 2021

To improve the permitting process for critical mineral projects, and for other purposes.

Accessing America’s Critical Minerals Act of 2021

Rep. Stauber, Pete

R

MN

H.R.3428

Agriculture and Food

SNAP Reform Act of 2021 This bill modifies eligibility under the Supplemental Nutrition Assistance Program (SNAP) with respect to individuals who receive other forms of assistance. Currently, households may be considered categorically eligible for SNAP if all members receive certain other assistance, such as under the Temporary Assistance for Needy Families (TANF) program. The bill specifies that members receiving TANF assistance must (1) receive at least $150 a month in cash assistance under TANF for an extended period with an income of up to 130% of the federal poverty level (FPL), or (2) be elderly or disabled and receive cash assistance or ongoing and substantial services under TANF with an income of up to 200% of the FPL. The bill also increases the maximum allowable resources for SNAP eligibility and specifies that certain allowances relating to energy assistance extend only to households with elderly members.

To strengthen the supplemental nutrition assistance program (SNAP) categorical eligibility for applicants who already receive supplemental assistance elsewhere and for those with assets high enough to not require assistance, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``SNAP Reform Act of 2021''. SEC. 2. UPDATE TO CATEGORICAL ELIGIBILITY. Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended-- (1) in the 2d sentence of subsection (a)-- (A) by striking ``receives benefits'' and inserting ``(1) receives cash assistance (not less than $150 a month for an extended period)'', (B) by striking ``supplemental security'' and inserting ``with an income eligibility limit of not more than 130 percent of the poverty line as defined in section 5(c)(1), (2) is elderly or disabled and receives cash assistance or ongoing and subtantial services under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) with an income eligibility limit of not more than 200 percent of the poverty line as defined in section 5(c)(1), (3) receives supplemental security'', and (C) by striking ``or aid'' and inserting ``or (4) receives aid'', and (2) in subsection (j)-- (A) by striking ``or who receives benefits'' and inserting ``cash assistance (not less than $150 a month for an extended period)'', and (B) by striking ``to have'' and inserting ``with an income eligibility limit of not more than 130 percent of the poverty line as defined in section 5(c)(1), or who is elderly or disabled and receives cash assistance or ongoing and substantial services under a State program funded under part A of title IV of the Act (42 U.S.C. 601 et seq.) with an income eligibility limit of not more than 200 percent of the poverty line as defined in section 5(c)(1), to have''. SEC. 3. AVAILABILITY OF STANDARD UTILITY ALLOWANCES BASED ON RECEIPT OF ENERGY ASSISTANCE. Section 5(k)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(k)(4)) is amended-- (1) in subparagraph (A) by inserting ``without an elderly member'' after ``household'' the 1st place it appears, and (2) in subparagraph (B) by inserting ``with an elderly member'' after ``household'' the 1st place it appears. SEC. 4. ADJUSTMENT TO ASSET LIMITATIONS. Section 5(g)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(g)(1)) is amended-- (1) in subparagraph (A)-- (A) by striking ``$2,000'' and inserting ``$7,000'', and (B) by striking ``$3,000'' and inserting ``$12,000'', and-- (2) in subparagraph (B)(i) by striking ``2019'' and inserting ``2022''. SEC. 5. ADJUSTMENTS FOR INFLATION; UPDATED VEHICLE ALLOWANCE. Section 5(g) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(g)) is amended-- (1) in paragraph (1)(B)(i)-- (A) by striking ``(i) In general.--Beginning'' and inserting the following: ``(i) In general.-- ``(I) Beginning'', and (B) by adding at the end the following: ``(II) Beginning on October 1, 2021, and each October 1 thereafter, the amount specified in paragraph (2)(B)(iv) shall be adjusted in the manner described in subclause (I).'', and (2) in paragraph (2)-- (A) by amending subparagraph (B)-- (i) by amending clause (iv) to read as follows: ``(iv) subject to subparagraph (C), with respect to any licensed vehicle that is used for household transportation or to obtain or continue employment-- ``(I) 1 vehicle for each licensed driver who is a member of such household; and ``(II) each additional vehicle; and'', and (ii) in clause (v) by inserting ``to the extend such value exceeds $7,500'' after ``account'', and (B) by striking subparagraph (D). SEC. 6. SAVINGS EXCLUDED FROM ASSETS. Section 5(g) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(g)), as amended by section 5, is amended-- (1) in paragraph (1)(B)(i) by adding at the end the following: ``(III) Beginning on October 1, 2021, and each October 1 thereafter, the amount specified in paragraph (2)(B)(v) shall be adjusted in the manner described in subclause (I).'', and (2) in paragraph (2)(B)(v) by inserting ``to the extent that the value exceeds $7,500'' after ``account''. SEC. 7. ALLOWANCE TO RECIPIENTS OF ENERGY ASSISTANCE. (a) Standard Utility Allowance.--Section 5(e)(6)(C)(iv)(I) of the of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(6)(C)(iv)(I)) is amended by inserting ``with an elderly member'' after ``households''. (b) Conforming Amendment.--Section 2605(f)(2)(A) of the Low-Income Home Energy Assistance Act (42 U.S.C. 8624(f)(2)(A)) is amended by inserting ``received by a household with an elderly member'' before ``, consistent with section 5(e)(6)(C)(iv)(I)''. SEC. 8. EFFECTIVE DATE. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect 180 days after the date of the enactment of this Act. (b) Application of Amendments.--The amendments made by this Act shall apply with respect to certification periods that begin after the effective date of this Act. <all>

SNAP Reform Act of 2021

To strengthen the supplemental nutrition assistance program (SNAP) categorical eligibility for applicants who already receive supplemental assistance elsewhere and for those with assets high enough to not require assistance, and for other purposes.

SNAP Reform Act of 2021

Rep. Murphy, Gregory

R

NC

H.R.3194

Labor and Employment

Fairness for Farm Workers Act This bill extends overtime pay protections to agricultural workers. The bill requires employers, beginning in 2022, to compensate agricultural workers for hours worked in excess of their regular hours (i.e., 55 hours in 2022, 50 hours in 2023, 45 hours in 2024, and 40 hours in 2025) at not less than one and one-half times the employee's regular rate. For employers with 25 or fewer employees, the overtime pay requirements begin in 2025. These overtime pay requirements do not apply, as under current law, to employees who are the parent, spouse, child, or other member of the employer's immediate family. The bill also repeals the exemption from overtime pay requirements for employers in various agriculture-related industries, including certain small farms, irrigation projects, sugar processing, and cotton ginning and compressing.

To amend the Fair Labor Standards Act of 1938 to provide increased labor law protections for agricultural 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 ``Fairness for Farm Workers Act''. SEC. 2. REDRESSING DISCRIMINATION AGAINST AGRICULTURAL WORKERS UNDER THE FAIR LABOR STANDARDS ACT OF 1938. (a) Ending Discrimination With Respect to Overtime Hours Requirements.--Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) is amended-- (1) in subsection (a), by adding at the end the following: ``(3)(A) Except as provided in subparagraph (C), beginning on January 1, 2022, no employer shall employ any employee employed in agriculture (who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce) for a workweek that is longer than the hours specified under subparagraph (B), unless such employee receives compensation for employment in excess of the hours specified in such subparagraph at a rate not less than one and one-half times the regular rate at which the employee is employed. ``(B) The hours specified in this subparagraph are, subject to subparagraph (C), as follows: ``(i) Beginning on January 1, 2022, fifty-five hours in any workweek. ``(ii) Beginning on January 1, 2023, fifty hours in any workweek. ``(iii) Beginning on January 1, 2024, forty-five hours in any workweek. ``(iv) Beginning on January 1, 2025, forty hours in any workweek. ``(C) With respect to any employer that employs 25 or fewer employees-- ``(i) the requirement under subparagraph (A) shall begin on January 1, 2025; and ``(ii) the hours specified under subparagraph (B) shall apply as follows: ``(I) The number of hours specified under subparagraph (B)(i) shall begin on January 1, 2025. ``(II) The number of hours specified under subparagraph (B)(ii) shall begin on January 1, 2026. ``(III) The number of hours specified under subparagraph (B)(iii) shall begin on January 1, 2027. ``(IV) The number of hours specified under subparagraph (B)(iv) shall begin on January 1, 2028.''; and (2) by repealing subsection (m). (b) Removing Certain Exemptions for Agricultural Work.--Section 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 213) is amended-- (1) in subsection (a)(6), by striking ``(A)'' and all that follows through the semicolon and inserting ``if such employee is the parent, spouse, child, or other member of the employer's immediate family;''; (2) in subsection (b), by repealing paragraphs (12) through (16); and (3) by striking subsections (h) through (j). (c) Effective Dates.--The amendments made by-- (1) subsections (a)(2), (b)(1), (b)(3), and (d) shall take effect-- (A) with respect to an employer that employs more than 25 employees, on January 1, 2025; and (B) with respect to an employer that employs 25 or fewer employees, on January 1, 2028; and (2) subsection (b)(2) shall take effect-- (A) with respect to an employer that employs more than 25 employees, on January 1, 2022; and (B) with respect to an employer that employs 25 or fewer employees, on January 1, 2025. (d) Conforming Amendments.-- (1) Fair labor standards act of 1938.--Section 13(c)(1)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(c)(1)(A)) is amended by striking ``none of the employees'' and all that follows through ``section 6(a)(5)'' and inserting ``all of the employees of which are employed in agriculture and are employed by an employer who did not, during any calendar quarter during the preceding calendar year, use more than 500 man-days of agricultural labor (within the meaning of the exemption under subsection (a)(6)(A), as in effect on the day before the date of enactment of the Fairness for Farm Workers Act)''. (2) Migrant and seasonal agricultural worker protection act.--Section 4(a)(2) of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1803(a)(2)) is amended by striking ``for whom the man-days exemption'' and all that follows through the period and inserting ``who did not, during any calendar quarter during the preceding calendar year, use more than 500 man-days of agricultural labor (within the meaning of the exemption under section 13(a)(6)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(6)(A)), as in effect on the day before the date of enactment of the Fairness for Farm Workers Act).''. <all>

Fairness for Farm Workers Act

To amend the Fair Labor Standards Act of 1938 to provide increased labor law protections for agricultural workers, and for other purposes.

Fairness for Farm Workers Act

Rep. Grijalva, Raúl M.

D

AZ

H.R.3075

Public Lands and Natural Resources

Illegal Fishing and Forced Labor Prevention Act This bill sets forth and revises federal law concerning activities to combat human trafficking and illegal, unreported, or unregulated fishing in the seafood industry. The National Oceanic and Atmospheric Administration (NOAA) shall expand the Seafood Import Monitoring Program to apply to all seafood and seafood products imported into the United States. The Departments of Commerce, Homeland Security, Labor, and Health and Human Services must jointly execute a memorandum of understanding to codify and improve interagency cooperation on seafood safety, preventing illegal, unreported, or unregulated fishing and human trafficking, including forced labor, and seafood fraud prevention, enforcement, and inspections. NOAA shall engage with each flag, coastal, port, and market nation that exports seafood to the United States to collect information sufficient to evaluate the effectiveness of such nation's management of fisheries and control systems to prevent illegal, unreported, or unregulated fishing.

To address seafood slavery and combat illegal, unreported, or unregulated fishing, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Illegal Fishing and Forced Labor Prevention Act''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Oppressive child labor.--The term ``oppressive child labor'' has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). (2) Forced labor.--The term ``forced labor'' means any labor or service provided for or obtained by any means described in section 1589(a) of title 18, United States Code. (3) Human trafficking.--The term ``human trafficking'' has the meaning given the term ``severe forms of trafficking in persons'' in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102). (4) Illegal, unreported, or unregulated fishing.--The term ``illegal, unreported, or unregulated fishing'' has the meaning given such term in section 609 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(e)), as amended by this Act. (5) Seafood.--The term ``seafood'' means fish meal, and all marine animal and plant life meant for consumption as food other than marine mammals and birds, including fish, shellfish, shellfish products, and processed fish. (6) Seafood fraud.--The term ``seafood fraud'' means the mislabeling or misrepresentation of the information required under this Act or other any other Federal law or international agreement (other than this Act) pertaining to the import, export, transport, sale, harvest, processing, or trade of seafood, including-- (A) the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.); (B) the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.); (C) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); (D) the FDA Food Safety Modernization Act (Public Law 111-353); (E) the Fair Packaging and Labeling Act (15 U.S.C. 1451 et seq.); (F) subtitle D of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638 et seq.); (G) parts 60 and 65 of title 7, Code of Federal Regulations (or any successor regulations); (H) part 123 of title 21, Code of Federal Regulations (or any successor regulations); and (I) section 216.24 of title 50, Code of Federal Regulations. (7) Seafood import monitoring program.--The term ``Seafood Import Monitoring Program'' means the Seafood Traceability Program established under section 300.324 of title 50, Code of Federal Regulations. (8) Secretary.--The term ``Secretary'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. TITLE I--COMBATING HUMAN TRAFFICKING THROUGH SEAFOOD IMPORT MONITORING SEC. 101. DEFINITIONS. In this title, the following additional definitions apply: (1) Competent authority.--The term ``competent authority'' means government and any third party that meets certain governing criteria. Such criteria shall be established by regulation, after outreach to key environmental and labor stakeholders. (2) Unique vessel identifier.--The term ``unique vessel identifier'' means a unique number that stays with a vessel for the duration of the vessel's life, regardless of changes in flag, ownership, name, or other changes to the vessel. SEC. 102. EXPANSION OF SEAFOOD IMPORT MONITORING PROGRAM TO ALL SPECIES. The Secretary shall, not later than 2 years after the date of enactment of this Act, expand the Seafood Import Monitoring Program to apply to all seafood and seafood products imported into the United States. SEC. 103. ENHANCEMENT OF SEAFOOD IMPORT MONITORING PROGRAM AUTOMATED COMMERCIAL ENVIRONMENT MESSAGE SET. The Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, in coordination with the Commissioner of U.S. Customs and Border Protection, shall, not later than 6 months after the date of enactment of this Act, develop a strategy to improve the quality and verifiability of already collected Seafood Import Monitoring Program Message Set data elements in the Automated Commercial Environment system that prioritizes the use of enumerated data types, such as checkboxes, dropdown menus, or radio buttons, and any additional elements the Agency finds necessary, among other options, rather than open text fields, for-- (1) authorization to fish; (2) unique vessel identifier (if available); (3) catch document identifier; (4) location of wild-capture harvest and landing or aquaculture location; (5) type of fishing gear used to harvest the fish; (6) name of farm or aquaculture facility, if applicable; and (7) location of aquaculture facility, if applicable. SEC. 104. ADDITIONAL DATA REQUIREMENTS FOR SEAFOOD IMPORT MONITORING PROGRAM DATA COLLECTION. (a) In General.--Not later than one year after date of enactment of this Act, the Secretary shall revise section 300.324 of title 50, Code of Federal Regulations, to-- (1) require at the time of entry for imported seafood and seafood products-- (A) location of catch or cultivation, including-- (i) geographic location at a resolution of not less than 1 degree latitude by 1 degree longitude; (ii) the country code of the International Organization for Standardization if the catch was within the exclusive economic zone or territorial waters of a country; (iii) if appropriate, the regional fisheries management organization or organizations having jurisdiction over the catch, if it occurs within the jurisdiction of any regional fisheries management organization; and (iv) the Food and Agriculture Organization major fishing area codes; (B) electronic reports of chain-of-custody records that identify, including with unique vessel identifiers when applicable, each custodian of the seafood, including transshippers, processors, storage facilities, and distributors and the physical address of such facilities; (C) maritime mobile service identity number of harvesting and transshipment vessels; and (D) beneficial owner of each harvesting and transshipment vessel or aquaculture facility, when applicable; (2) require all importers submitting seafood import data to require prior notification and submission of seafood import data at least 72 hours and no more than 15 days prior to entry; and (3) require verification and certification of harvest information by competent authorities at all major transfer points in the supply chain, including harvest, landing, processing, and transshipment at the time of entry. (b) Forced Labor.--The Secretary, working in direct consultation with the Secretary of Homeland Security, Department of Labor, and Department of State, shall, not later than one year after the date of enactment of this Act, complete a regulatory process to establish additional key data elements for the Seafood Import Monitoring Program, that collect information about labor conditions in the harvest, transshipment, and processing of imported fish and fish products. (c) International Fisheries Trade Permit.--Not later than one year after the date of enactment of this Act, the Secretary shall-- (1) publish and maintain on the website of the National Marine Fisheries Service a list of all current International Fisheries Trade Permit holders, including the name of the permit holder and expiration date of the permit; (2) begin to revoke, modify, or deny issuance of an International Fisheries Trade with respect to a permit holder or applicant that has violated any requirement of section 300.322, 300.323, 300.324, or 300.325 of title 50, Code of Federal Regulations; and (3) require an International Fisheries Trade Permit for importers. SEC. 105. EFFORTS TO IMPROVE DETECTION OF AT-RISK SEAFOOD IMPORTS. The Secretary of Commerce, in consultation with the Secretary of Homeland Security, Secretary of Labor, and the Secretary of State, shall, not later than one year after the date of enactment of this Act, finalize a detailed strategic plan to develop, mature, and adopt artificial intelligence and machine learning technologies to detect imports of fish and fish products at risk of being associated with illegal, unreported, or unregulated fishing, human trafficking, forced labor, and seafood fraud, and provide a detailed report of such strategic plan to the Committee on Natural Resources of the House of Representatives, and Committee on Commerce of the Senate. SEC. 106. IMPORT AUDITS. (a) Audit Procedures.--The Secretary shall, not later than 1 year after the date of enactment of this Act, implement procedures to audit information and supporting records of sufficient numbers of imports of seafood and seafood products subject to the Seafood Import Monitoring Program to support statistically robust conclusions that the samples audited are representative of all seafood imports with respect to a given year. (b) Annual Revision.--In developing the procedures required in subsection (a), the Secretary shall, not less frequently than once each year, revise such procedures to prioritize for audit those imports originating from countries-- (1) identified pursuant to sections 609(b) or 610(a) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(b) or 1826k(a)) that have not yet received a subsequent positive certification pursuant to sections 609(d) or 610(c) of such Act, respectively; (2) identified by an appropriate regional fishery management organization as being the flag state or landing location of vessels identified by other countries or regional fisheries management organizations as engaging in illegal, unreported, or unregulated fishing; (3) identified as having human trafficking, including forced labor, in any part of the seafood supply chain, including on vessels flagged in such country and including feed for cultured production, in the most recent Trafficking in Persons Report issued by the Department of State in accordance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.); (4) identified as producing goods that contain seafood using forced labor or oppressive child labor in the most recent List of Goods Produced by Child Labor or Forced Labor in accordance with the Trafficking Victims Protection Act (22 U.S.C. 7101 et seq.); and (5) identified as at risk for human trafficking, including forced labor, in their seafood catching and processing industries by the report required in section 3563 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92). SEC. 107. INTERAGENCY COORDINATION. The Secretary shall coordinate with the relevant agencies to ensure that data elements described in this title can be submitted through the International Trade Data System Automated Commercial Environment to U.S. Customs and Border Protection. SEC. 108. AVAILABILITY OF FISHERIES INFORMATION. (a) In General.--Section 402(b)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a(b)(1)) is amended by striking ``or'' after the semicolon at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ``; or'' , and by adding at the end the following: ``(I) to Federal agencies responsible for screening of imported seafood and for the purpose of carrying out the duties under or with respect to-- ``(i) the Seafood Import Monitoring Program; ``(ii) the Antarctic Marine Living Resources Program; ``(iii) the Tuna Tracking and Verification Program; ``(iv) the Atlantic Highly Migratory Species International Trade Program; ``(v) the List of Goods Produced by Child Labor or Forced Labor in accordance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.); ``(vi) the Trafficking in Persons Report required by section 110 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107); ``(vii) enforcement activities and regulations authorized under section 307 of the Tariff Act of 1930 (19 U.S.C. 1307); and ``(viii) the taking and related acts in commercial fishing operations under section 216.24 of title 50, Code of Federal Regulations; ``(J) to Federal, State and local agencies for the purposes of verification and enforcement of title II of this Act; or ``(K) information that pertains to catch documentation and legality of catch, if disclosure of that information would not materially damage the value of catch or business.''. (b) Implementation Deadline.--Not later than 1 year after the date of enactment of this Act, the Secretary shall issue regulations implementing the amendments in this section. SEC. 109. REPORT ON SEAFOOD IMPORT MONITORING. (a) Report to Congress and Public Availability of Reports.--The Secretary shall, not later than 120 days after the end of each fiscal year and annually thereafter, submit to the Committee on Natural Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that summarizes the National Marine Fisheries Service's efforts to prevent the importation of seafood harvested through illegal, unreported, or unregulated fishing, particularly with respect to seafood harvested, produced, processed, or manufactured by forced labor. Each such report shall be made publicly available on the Internet website of the National Oceanic and Atmospheric Administration. (b) Contents.--Each report submitted under subsection (a) shall include-- (1) the volume and value of seafood species subject to the Seafood Import Monitoring Program, described in section 300.324 of title 50, Code of Federal Regulations, reported by 10-digit Harmonized Tariff Schedule of the United States codes, imported during the previous fiscal year; (2) the enforcement activities and priorities of the National Marine Fisheries Service with respect to implementing the requirements under the Seafood Import Monitoring Program; (3) the percentage of import shipments subject to this program selected for inspection or the information or records supporting entry selected for audit, as described in section 300.324(d) of title 50, Code of Federal Regulations; (4) the number and types of instances of noncompliance with the requirements of the Seafood Import Monitoring Program; (5) the number and types of instances of violations of State or Federal law discovered through the Seafood Import Monitoring Program; (6) the seafood species with respect to which violations described in paragraphs (4) and (5) were most prevalent; (7) the location of catch or harvest with respect to which violations described in paragraphs (4) and (5) were most prevalent; and (8) such other information as the Secretary considers appropriate with respect to monitoring and enforcing compliance with the Seafood Import Monitoring Program. SEC. 110. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Commissioner of U.S. Customs and Border Protection to carry out enforcement actions pursuant to section 307 of the Tariff Act $20,000,000 for each of fiscal years 2021 through 2025 for enforcement of section 307 of the Tariff Act of 1930 (19 U.S.C. 1307). TITLE II--SEAFOOD TRACEABILITY AND LABELING SEC. 201. FEDERAL ACTIVITIES ON SEAFOOD SAFETY AND FRAUD. (a) National Sea Grant College Program.--The Administrator of the National Oceanic and Atmospheric Administration shall ensure that seafood inspection activities are coordinated with the National Sea Grant College Program established by the National Sea Grant College and Program Act of 1966 (33 U.S.C. 1121 et seq.) which may provide outreach to the States, local health agencies, consumers, and the seafood industry on seafood safety and seafood fraud, as needed. (b) Inspecting To Prevent Seafood Fraud.--The Secretary of Commerce and the Secretary of Health and Human Services, in coordination with the Secretary of Homeland Security, shall, to the maximum extent practicable, ensure that inspections and tests for seafood safety also collect information for seafood fraud prevention. SEC. 202. SEAFOOD LABELING AND IDENTIFICATION. (a) In General.--The Secretary, in coordination with other relevant agencies shall, not later than three years after the date of enactment of this Act, implement the following requirements with respect to fish and fish products imported into the United States or otherwise distributed or offered for sale in interstate commerce: (1) Traceability.--A requirement that the following information shall accompany seafood through processing and distribution: (A) The United Nations Food and Agriculture Organization Major Fishing Area, or a more specific location, in which the seafood was caught or cultivated. (B) The acceptable market name (as determined by the Food and Drug Administration), scientific name, and specific Aquatic Sciences and Fisheries Information System number of the Fisheries and Aquaculture Statistics Information Service of the United Nations Food and Agriculture Organization for the seafood species. (C) Whether the seafood was harvested wild or was farm-raised. (D) The method of harvest of the seafood, including gear type as listed in section 600.725 of title 50, Code of Federal Regulations, or successor regulation, and defined in section 600.10 of such title, or successor regulation. (E) The date of the catch or harvest. (F) The weight or number, as appropriate, of product for an individual fish or lot. (G) Date and name of entity (processor, dealer, vessel) to which the seafood was landed. (H) Name and flag state of vessel and evidence of authorization, and if applicable, a unique vessel identifier. (I) Name and location of the facility from which farm-raised seafood were harvested, the method of cultivation, source and type of feed, and evidence of authorization. (J) The National Oceanic and Atmospheric Administration Fisheries International Fisheries Trade Permit number issued to the importer of record for the entry, if applicable. (2) Labeling.--The following information shall be included in the labeling of seafood through processing, distribution, and final sale: (A) The information required in subparagraphs (A), (B), (C), and (D) of paragraph (1). (B) Whether the seafood has been previously frozen or treated with any substance other than ice or water. (C) Whether the seafood was farm-raised along with information regarding the country of cultivation, the location of the aquaculture production area, and the method of cultivation. (b) Production Codes.--The Secretary shall allow compliance with subsection (a) through the use of production codes, quick response codes, or other types of commonly used processing codes and electronic bar coding methods. (c) Safe Harbor.--No importer, processor, distributor, or retailer may be found to be in violation of the requirements of this section for unknowingly selling a product that was already mislabeled upon receipt, provided that the importer, processor, distributor, or retailer can provide the required product traceability documentation. SEC. 203. FEDERAL ENFORCEMENT. (a) Enforcement by Secretary.--The Secretary of Commerce shall prevent any person from violating this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though section 307 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857) was incorporated into and made a part of and applicable to this Act. (b) List of Offenders.--The Secretary of Commerce, in consultation with the Secretary of Health and Human Services, shall develop, maintain, and post on the public website of the Department of Commerce a list that-- (1) includes, by country, each exporter whose seafood is imported or offered for import into the United States; and (2) for each such exporter, tracks the timing, type, and frequency of violations of Federal law relating to seafood fraud and illegal, unreported, or unregulated fishing. (c) Inspections.--The Secretary of Commerce, in consultation with the Secretary of Health and Human Services, shall-- (1) increase, as resources allow, the number of foreign and domestic seafood shipments that are audited or inspected for seafood fraud and illegal, unreported, or unregulated fishing by National Oceanic and Atmospheric Administration auditors and authorized officers, including verification of compliance with the traceability requirements of section 104(a); (2) conduct audits and inspections, as resources allow, at a sufficient level to promote compliance and deterrence; and (3) to the maximum extent practicable, ensure that inspections and tests for seafood fraud prevention also collect information to support the Secretary of Health and Human Services in implementing the seafood safety requirements of the FDA Food Safety Modernization Act (Public Law 111-353). (d) Interagency Agreement.-- (1) Memorandum of understanding required.--Not later than one year after the date of enactment of this Act, the Secretary of Commerce, the Secretary of Homeland Security, the Secretary of Labor, and the Secretary of Health and Human Services shall jointly execute a memorandum of understanding to codify and improve interagency cooperation on seafood safety, preventing illegal, unreported, or unregulated fishing and human trafficking, including forced labor, and seafood fraud prevention, enforcement, and inspections. (2) Requirements.--The memorandum of understanding required by paragraph (1) shall include provisions, performance metrics, and timelines as the Secretaries consider appropriate to improve such cooperation described in such paragraph (acting under provisions of law other than this subsection)-- (A) to identify and execute specific procedures for using authorities granted under the FDA Food Safety Modernization Act (Public Law 111-353) to ensure and improve the safety of commercially marketed seafood in the United States; (B) to identify and execute specific procedures for interagency cooperation on-- (i) interagency resource and information sharing; (ii) use and development of forensic tools including means to fill existing gaps in capabilities and eliminate duplication; and (iii) development of specific forensic analysis information required by each agency to promote effective enforcement actions; (C) to maximize the effectiveness of limited personnel and resources by ensuring that-- (i) inspections of seafood shipments and seafood processing and production facilities by the National Oceanic and Atmospheric Administration and the Food and Drug Administration are not duplicative; and (ii) information resulting from examinations, testing, and inspections conducted by the Department of Commerce with respect to seafood is considered in making risk-based determinations, including the establishment of inspection priorities for domestic and foreign facilities and the examination and testing of domestic and imported seafood; (D) to create a process-- (i) by which data collected by all seafood inspectors and officers of the National Oceanic and Atmospheric Administration and U.S. Customs and Border Protection authorized to conduct inspections of seafood shipments or facilities that process or sell seafood, or authorized officers that conduct analysis of seafood import information, will be used for risk-based screening of seafood shipments, including food safety, adulteration and misbranding, by the Food and Drug Administration beginning not later than one year after the date of enactment of this Act; and (ii) by which data collected by the National Oceanic and Atmospheric Administration, U.S. Customs and Border Protection, the Department of Labor, the Department of State, and the Food and Drug Administration is shared to maximize efficiency and enforcement of seafood safety, fraud prevention, and prohibitions on illegal, unreported, or unregulated fishing; (E) to create a process by which-- (i) data collected by inspectors and officers of other Federal, State, or local agencies authorized to conduct inspections of seafood, or inspections of facilities that process or sell seafood, or data from import analysts, will be used by the Food and Drug Administration for risk-based screening of seafood shipments; and (ii) data collected by such inspectors and officials is shared with the National Oceanic and Atmospheric Administration, U.S. Customs and Border Protection, Department of Labor, and the Food and Drug Administration to maximize efficiency and enforcement of seafood safety and fraud prevention; and (F) to ensure that officers and employees of the National Oceanic and Atmospheric Administration are utilized by the Secretary of Health and Human Services as third-party auditors pursuant to section 808 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384d) to carry out seafood examinations and investigations under chapter VIII of such Act. SEC. 204. STATE ENFORCEMENT. (a) In General.--Whenever the attorney general of a State, or an official or agency designated by a State, has reason to believe that any person has engaged or is engaging in a pattern or practice of seafood fraud in violation of section 203, the State may bring a civil action on behalf of its residents to enjoin fraud, an action to recover for actual monetary loss or receive $10,000 in damages for each violation, or both such actions. (b) Willful or Knowing Violations.--If the court finds the defendant willfully or knowingly violated this Act, the court may increase the amount of the award to an amount equal to not more than 3 times the amount available under subsection (a). SEC. 205. EFFECT ON STATE LAW. Nothing in this title shall preempt the authority of a State to establish and enforce anti-trafficking laws or requirements for improving seafood safety and preventing seafood fraud that are consistent with the requirements of this Act. TITLE III--STRENGTHENING INTERNATIONAL FISHERIES MANAGEMENT TO COMBAT HUMAN TRAFFICKING SEC. 301. DENIAL OF PORT PRIVILEGES. Section 101(a)(2) of the High Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(a)(2)) is amended to read as follows: ``(2) Denial of port privileges.--The Secretary of Homeland Security shall, in accordance with international law-- ``(A) withhold or revoke the clearance required by section 60105 of title 46, United States Code, for any large-scale driftnet fishing vessels of a nation that receives a negative certification under sections 609(d) or 610(c) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(d) or 1826k(c)), or fishing vessels of a nation that has been listed pursuant to sections 609(b) or 610(a) of such Act (16 U.S.C. 1826j(b) or 1826k(a)) in two or more consecutive reports as described under section 607 of such Act (16 U.S.C. 1826h), until a positive certification has been received; ``(B) withhold or revoke the clearance required by section 60105 of title 46, United States Code, for fishing vessels of a nation that has been listed pursuant to sections 609(b) or 610(a) of such Act (16 U.S.C. 1826j(b) or 1826k(a)) in two or more consecutive reports as described under section 607 of such Act (16 U.S.C. 1826h); and ``(C) deny entry of that vessel to any place in the United States and to the navigable waters of the United States, except for the purposes of inspecting such vessel, conducting an investigation, or taking other appropriate enforcement action.''. SEC. 302. IDENTIFICATION AND CERTIFICATION CRITERIA. (a) Denial of Port Privileges.--Strike subsections (a) and (b) of section 609 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(a) and (b)), and insert the following: ``(a) Cooperation With Governments.-- ``(1) Information collection.--The Secretary, in consultation with the Secretary of State, shall engage with each flag, coastal, port, and market nation that exports seafood to the United States to collect information sufficient to evaluate the effectiveness of such nation's management of fisheries and control systems to prevent illegal, unreported, or unregulated fishing. ``(2) Recommendations.--The Secretary, in consultation with the Secretary of State, shall provide recommendations to such nations to resolve compliance gaps and improve fisheries management and control systems in order to assist such nations in preventing illegal, unreported, or unregulated fishing. ``(b) Identification and Warning.-- ``(1) For actions of a fishing vessel.--The Secretary shall identify and list in the report required by section 607 a nation if a fishing vessel of such nation is engaged or has, in the preceding 3 years, engaged in illegal, unreported, or unregulated fishing. The Secretary shall include all nations that qualify for identification, regardless of whether the Secretary has engaged in the process described in this subsection or under subsection (a). Any of the following relevant information is sufficient to form the basis of an identification: ``(A) compliance reports; ``(B) data or information from international fishery management organizations, a foreign government, or an organization or stakeholder group; ``(C) information submitted by the public; ``(D) information submitted to the Secretary under section 402(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a(a)); ``(E) import data collected by the Secretary pursuant to part 300.324 of title 50, Code of Federal Regulations; and ``(F) information compiled from a Federal agency, including, the Coast Guard and agencies within the Interagency Working Group on Illegal, Unreported, and Unregulated Fishing. ``(2) For actions of a nation.--The Secretary shall identify, and list in such report, a nation engaging in or endorsing illegal, unreported, or unregulated fishing, including the following: ``(A) Any nation that is failing, or has failed in the preceding 3-year period, to cooperate with the United States government in providing information about their fisheries management and control systems described in subsection (a) of this section. ``(B) Any nation that is violating, or has violated at any point during the preceding 3 years, conservation and management measures, including catch and other data reporting obligations and requirements, required under an international fishery management agreement. ``(C) Any nation that is failing, or has failed in the preceding 3-year period, to effectively address or regulate illegal, unreported, or unregulated fishing within its fleets in any areas where its vessels are fishing. ``(D) Any nation that fails to discharge duties incumbent upon it under international law or practice as a flag, port, or coastal state to take action to prevent, deter, and eliminate illegal, unreported, or unregulated fishing. ``(E) Any nation that provides subsidies that-- ``(i) contribute to illegal, unreported, or unregulated fishing or increased capacity and overfishing at proportionally higher rates than subsidies that promote fishery resource conservation and management; or ``(ii) that otherwise undermine the effectiveness of any international fishery conservation program. ``(F) Any nation that has been identified as having human trafficking, including forced labor, in any part of the seafood supply chain in the most recent Trafficking in Persons Report issued by the Department of State in accordance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.). ``(G) Any nation that has been identified as producing seafood-related goods through forced labor or oppressive child labor in the most recent List of Goods Produced by Child Labor or Forced Labor in accordance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.). ``(H) Any nation that has been identified as at risk for human trafficking, including forced labor, in their seafood catching and processing industries in the report required in section 3563 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116- 92). ``(3) Warning.--The Secretary shall issue a warning to each nation identified under this subsection. ``(4) Timing.--The Secretary shall make an identification under paragraphs (1) or (2) at any time that the Secretary has sufficient information to make such identification.''. (b) Illegal, Unreported, or Unregulated Certification Determination.--Section 609(d) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(d)) is amended to read as follows: ``(d) IUU Certification Procedure.-- ``(1) Certification determination.-- ``(A) In general.--The Secretary shall establish a procedure for certifying whether a nation identified under subsection (b) has taken appropriate corrective action with respect to the offending activities identified under section (b) that has led to measurable improvements in the reduction of illegal, unreported, or unregulated fishing and any underlying regulatory, policy, or practice failings or gaps that may have contributed to such identification. ``(B) Opportunity for comment.--The Secretary shall ensure that the procedure established under subparagraph (A) provides for notice and an opportunity for comment by the identified nation. ``(C) Determination.--The Secretary shall, consistent with such procedure, determine and certify to the Congress not later than 90 days after the date on which the Secretary issues a final rule containing the procedure, and biennially thereafter-- ``(i) whether the government of each nation identified under subsection (b) has provided documentary evidence that such nation has taken corrective action with respect to such identification; or ``(ii) whether the relevant international fishery management organization has taken corrective action that has ended the illegal, unreported, or unregulated fishing activity by vessels of that nation. ``(2) Alternative procedure.--The Secretary may establish a procedure to authorize, on a shipment-by-shipment, shipper-by- shipper, or other basis the importation of fish or fish products from a fishery within a nation issued a negative certification under paragraph (1) if the Secretary-- ``(A) determines the fishery has not engaged in illegal, unreported, or unregulated fishing under an international fishery management agreement to which the United States is a party; ``(B) determines the fishery is not identified by an international fishery management organization as participating in illegal, unreported, or unregulated fishing activities; and ``(C) ensures that any such seafood or seafood products authorized for entry under this section are imported consistent with the reporting and the recordkeeping requirements of Seafood Import Monitoring Program described in part 300.324(b) of title 50, Code of Federal Regulations (or any successor regulation). ``(3) Effect of certification determination.-- ``(A) Effect of negative certification.--The provisions of subsections (a) and (b)(3) and (4) of section 101 of the High Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(a) and (b)(3) and (4)) shall apply to any nation that, after being identified and warned under subsection (b) has failed to take the appropriate corrective actions for which the Secretary has issued a negative certification under this subsection. ``(B) Effect of positive certification.--The provisions of subsections (a) and (b)(3) and (4) of section 101 of the High Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(a) and (b)(3) and (4)) shall not apply to any nation identified under subsection (a) for which the Secretary has issued a positive certification under this subsection.''. SEC. 303. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING DEFINED. (a) Definition of Illegal, Unreported, or Unregulated Fishing in the High Seas Driftnet Fishing Moratorium Protection Act.--Section 609(e) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(e)) is amended to read as follows: ``(e) Illegal, Unreported, or Unregulated Fishing Defined.--In this title, the term `illegal, unreported, or unregulated fishing' means any activity set out in paragraph 3 of the 2001 Food and Agriculture Organization International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported, and Unregulated Fishing.''. (b) Definition of Illegal, Unreported, or Unregulated Fishing in the Magnuson-Stevens Fishery Conservation and Management Act.--Section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802) is amended by adding at the end the following: ``(51) The term `illegal, unreported, or unregulated fishing' means any activity set out in paragraph 3 of the 2001 Food and Agriculture Organization International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported, and Unregulated Fishing.''. (c) Rule of Construction.--In construing the term ``illegal, unreported, or unregulated fishing'' for purposes of the High Seas Driftnet Fishing Moratorium Protection Act and the Magnuson-Stevens Fishery Conservation and Management Act, the Secretary shall follow internationally recognized labor rights stated in the International Labour Organization Declaration on Fundamental Principles and Rights at Work and its Follow-Up (1998), including-- (1) freedom of association and the effective recognition of the right to collective bargaining; (2) the elimination of all forms of forced or compulsory labor; (3) the effective abolition of oppressive child labor, a prohibition on the worst forms of child labor, and other labor protections for children and minors; (4) the elimination of discrimination in respect of employment and occupation; and (5) acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health. SEC. 304. EQUIVALENT CONSERVATION MEASURES. (a) Identification.--Section 610(a) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(a)) is amended to read as follows: ``(a) Identification.-- ``(1) In general.--The Secretary shall identify and list in the report under section 607-- ``(A) a nation if-- ``(i) any fishing vessel of that country is engaged, or has been engaged during the preceding 3 years in fishing activities or practices on the high sees or within the exclusive economic zone of another country, that have resulted in bycatch of a protected living marine resource; and ``(ii) the vessel's flag state has not adopted, implemented, and enforced a regulatory program governing such fishing designed to end or reduce such bycatch that is comparable to the regulatory program of the United States; and ``(B) a nation if-- ``(i) any fishing vessel of that country is engaged, or has engaged during the preceding 3 years, in fishing activities on the high sees or within the exclusive economic zone of another country that target or incidentally catch sharks; and ``(ii) the vessel's flag state has not adopted, implemented, and enforced a regulatory program to provide for the conservation of sharks, including measures to prohibit removal of any of the fins of a shark, including the tail, before landing the shark in port that is comparable to that of the United States. ``(2) Timing.--The Secretary shall make an identification under paragraph (1) at any time that the Secretary has sufficient information to make such identification.''. (b) Consultation and Negotiation.--Section 610(b) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(b)) is amended to read as follows: ``(b) Consultation and Negotiation.--The Secretary of State, acting in conjunction with the Secretary, shall-- ``(1) notify, as soon as possible, the President, nations that have been identified under subsection (a), and other nations whose vessels engage in fishing activities or practices described in subsection (a), about the provisions of this Act; ``(2) initiate discussions as soon as possible with all foreign countries which are engaged in, or a fishing vessel of which has engaged in, fishing activities described in subsection (a), for the purpose of entering into bilateral and multilateral treaties with such countries to protect such species and to address any underlying failings or gaps that may have contributed to identification under this Act; ``(3) seek agreements calling for international restrictions on fishing activities or practices described in subsection (a) through the United Nations, the Food and Agriculture Organization's Committee on Fisheries, and appropriate international fishery management bodies; and ``(4) initiate the amendment of any existing international treaty for the protection and conservation of such species to which the United States is a party in order to make such treaty consistent with the purposes and policies of this section.''. (c) Conservation Certification Procedure.--Section 610(c) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(c)) is amended-- (1) in subparagraph (A) of paragraph (1), by striking ``, taking into account different conditions,''; (2) in paragraph (2), by inserting ``the public and'' after ``comment by''; (3) in paragraph (4)-- (A) in subparagraph (A), by striking ``, taking into account different conditions''; (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(C) ensures that any such fish or fish products authorized for entry under this section are imported consistent with the reporting and the recordkeeping requirements of the Seafood Import Monitoring Program established by part 300.324(b) of title 50, Code of Federal Regulations (or any successor regulations).''; and (4) in paragraph (5), by striking ``(except to the extent that such provisions apply to sport fishing equipment or fish or fish products not caught by the vessels engaged in illegal, unreported, or unregulated fishing)''. SEC. 305. REGULATIONS. Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate regulations implementing this title. TITLE IV--MARITIME SAFE AMENDMENTS SEC. 401. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING WORKING GROUP RESPONSIBILITIES. Section 3551(c) of the Maritime SAFE Act (Public Law 116-92) is amended-- (1) in paragraph (12), by striking ``and'' at the end; (2) in paragraph (13), by striking the period at the end and inserting a semicolon; and (3) by adding at the end: ``(14) developing a strategy for leveraging enforcement capacity against illegal, unreported, or unregulated fishing and increasing enforcement and other actions across relevant import control and assessment programs including-- ``(A) the Seafood Import Monitoring Program described in part 300.324(b) of title 50, Code of Federal Regulations (or any successor regulation); ``(B) the List of Goods Produced by Child Labor or Forced Labor produced pursuant to section 105 of the Trafficking Victims Protection Reauthorization Act of 2005 (22 U.S.C. 7112); ``(C) the List of Nations with vessels engaged in illegal, unreported, or unregulated fishing pursuant to section 607 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826h); ``(D) the Trafficking in Persons Report required by section 110 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107); ``(E) U.S. Customs and Border Protection's Forced Labor Division and enforcement activities and regulations authorized under Section 307 of the Tariff Act of 1930 (19 U.S.C. 1307); and ``(F) other relevant programs of Working Group member agencies; and ``(15) assessing areas for increased information sharing and collaboration among Federal Working Group member agencies and State-based enforcement, wildlife, and fisheries management agencies to identify, interdict, investigate, and prosecute illegal, unreported, or unregulated fishing and fraudulent seafood imports into the United States that were a product of such fishing, including through implementation of the Seafood Import Monitoring Program. The Federal Working Group shall emphasize developing, updating, and employing risk screens to analyze harvest, traceability, and verification and certification information in real time as a key pathway to trigger product audits and enforcement actions.''. SEC. 402. STRATEGIC PLAN. Section 3552 of the Maritime SAFE Act (Public Law 116-92) is amended by adding at the end: ``(c) Strategies To Optimize Data Collection, Sharing, and Analysis.-- ``(1) In general.--The strategic plan submitted under subsection (a) shall identify information and resources to prevent illegal, unreported, or unregulated fishing or fraudulently labeled or otherwise misrepresented seafood from entering United States commerce. The report shall include a timeline for implementation of recommendations with respect to each of the following: ``(A) Identification of relevant data streams collected by Working Group members. ``(B) Identification of legal, jurisdictional, or other barriers to the sharing of such data. ``(C) Strategies for integrating data streams through the International Trade Data System Automated Commercial Environment or other relevant digital platforms. ``(D) Recommendations for enhancing the automated risk targeting and effectiveness of risk analysis and detection of illegal, unauthorized, or unreported fishing and fraudulent seafood through the Seafood Import Monitoring Program. ``(E) Recommendations for improving the utility and effectiveness of the Commercial Targeting and Analysis Center in detecting illegal, unauthorized, or unreported fishing and fraudulent products through adoption of these strategies or other enhancements. ``(F) Recommendations for joint enforcement protocols, collaboration, and information sharing between Federal agencies and States. ``(G) Recommendations for sharing and developing forensic resources between Federal agencies and States. ``(H) Recommendations for enhancing capacity for U.S. Customs and Border Protection and National Oceanic and Atmospheric Administration to conduct field investigations and to coordinate enforcement efforts with State enforcement officials. ``(I) An implementation strategy, with milestones and deadlines and specific budgetary requirements, for implementing recommendations described in the report. ``(2) Progress report.--Not later than 2 years after submission of the 5-year integrated strategic plan, the Working Group shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Natural Resources of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives on progress in implementing the recommendations described in this subsection.''. SEC. 403. AUTHORITY TO HOLD FISH PRODUCTS. Section 311(b)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(b)) is amended-- (1) in subparagraph (B), striking ``; and'' and inserting a semicolon; (2) in subparagraph (C), striking the period and inserting ``; and''; and (3) by adding at the end the following a new subparagraph: ``(D) detain, for a period of up to 14 days, any shipment of fish or fish product imported into, landed on, introduced into, exported from, or transported within the jurisdiction of the United States, or, if such fish or fish product is deemed to be perishable, sell and retain the proceeds therefrom for a period of up to 21 days.''. TITLE V--MARITIME AWARENESS SEC. 501. AUTOMATIC IDENTIFICATION SYSTEM REQUIREMENTS. (a) Requirement for Fishing Vessels To Have Automatic Identification Systems.--Section 70114(a)(1) of title 46, United States Code, is amended-- (1) by striking ``, while operating on the navigable waters of the United States,'' (2) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv); (3) by inserting before clauses (i) through (iv), as redesignated by paragraph (2), the following: ``(A) While operating on the navigable waters of the United States:''; and (4) by adding at the end the following: ``(B) A vessel of the United States that is more than 65 feet overall in length, while engaged in fishing, fish processing, or fish tendering operations on the navigable waters of the United States or in the United States exclusive economic zone.''. (b) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Commerce for fiscal year 2022, $5,000,000, to remain available until expended, to purchase automatic identification systems for fishing vessels, fish processing vessels, fish tender vessels more than 50 feet in length, as described under this title and the amendments made by this title. Union Calendar No. 493 117th CONGRESS 2d Session H. R. 3075 [Report No. 117-674, Part I] _______________________________________________________________________

Illegal Fishing and Forced Labor Prevention Act

To address seafood slavery and combat illegal, unreported, or unregulated fishing, and for other purposes.

Illegal Fishing and Forced Labor Prevention Act Illegal Fishing and Forced Labor Prevention Act

Rep. Huffman, Jared

D

CA

H.R.5521

Commerce

Rural Capital Access Act This bill increases federally backed leverage, or investments, available to small businesses in rural areas through Small Business Administration (SBA) programs. Specifically, the bill (1) reduces restrictions on federally backed leverage for small business investment companies (SBICs) investing in small businesses located in rural areas, and (2) allows the SBA to extend as leverage to rural business investment companies certain unexpended amounts intended for SBICs. The bill also establishes an interagency working group comprised of the SBA, the Department of Agriculture, and industry stakeholders to develop administrative and legislative recommendations to improve program coordination and capital access in rural areas.

To amend the Small Business Investment Act of 1958 to provide opportunities to rural business investment companies, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Capital Access Act''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``Administration'' means the Small Business Administration; (2) the term ``Administrator'' means the Administrator of the Administration; (3) the term ``appropriate committees of Congress'' means-- (A) the Committee on Small Business and Entrepreneurship of the Senate; (B) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (C) the Committee on Small Business of the House of Representatives; and (D) the Committee on Agriculture of the House of Representatives; (4) the term ``rural business investment company'' has the meaning given the term in section 384A of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009cc); (5) the term ``Secretary'' means the Secretary of Agriculture; and (6) the term ``working group'' means the interagency working group established under section 4(a). SEC. 3. RURAL BUSINESS INVESTMENT. (a) In General.--The Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.) is amended-- (1) in part A of title III (15 U.S.C. 681 et seq.)-- (A) in section 303(b)(2) (15 U.S.C. 683(b)(2)), by adding at the end the following: ``(E) Investments in rural areas.-- ``(i) Definition.--In this subparagraph, the term `rural area' has the meaning given the term in section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)). ``(ii) Additional leverage.-- ``(I) In general.--In calculating the outstanding leverage of a company for the purposes of subparagraph (A), the Administrator shall not include the amount of the cost basis of any equity investment made by the company in a smaller enterprise located in a rural area if the Administrator, after performing an appropriate evaluation, determines that such an exclusion will not result in additional risk to the Administration or the Federal Government. ``(II) Limitation.--The amount excluded under subclause (I) for a company shall not exceed $25,000,000 in any fiscal year.''; (B) in section 308(g)(3) (15 U.S.C. 687(g)(3))-- (i) in subparagraph (D), by striking ``and'' at the end; (ii) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(F) the total number of rural business investment companies, as defined in section 321(a), that received leverage from the Administration under section 321 in the previous year, including the amount of that leverage that each such rural business investment company received.''; (C) in section 310(d)(1)(A) (15 U.S.C. 687b(d)(1)(A)), by inserting ``(including each rural business investment company that receives leverage under section 321)'' after ``Each licensee''; and (D) by adding at the end the following: ``SEC. 321. RURAL BUSINESS INVESTMENT COMPANIES. ``(a) Definitions.--In this section-- ``(1) the term `covered amounts' means, with respect to a fiscal year, the amounts made available for that fiscal year to grant leverage under this part to small business investment companies; ``(2) the term `rural business investment company' has the meaning given the term in section 384A of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009cc); and ``(3) the term `Secretary' means the Secretary of Agriculture. ``(b) Leverage.-- ``(1) In general.--Subject to paragraph (2), if the Administration determines under subsection (c) that the Administration will be unable to expend all of the covered amounts for a particular fiscal year, the Administration shall expend those unexpended covered amounts for that fiscal year to grant leverage to rural business investment companies for the purposes described in this part if, with respect to that fiscal year, the Secretary determines that the Secretary is unable to grant leverage to rural business investment companies in a manner that is sufficient to satisfy the leverage needs of those rural business investment companies. ``(2) Conditions.--With respect to leverage granted by the Administration to a rural business investment company under paragraph (1)-- ``(A) the amount of the leverage made available shall be subject to the limitations under section 303(b)(2); ``(B) for the purposes of subparagraph (A), any leverage granted by the Secretary to the rural business investment company under the program carried out under subtitle H of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009cc et seq.) shall be included when determining the maximum amount of outstanding leverage that may be made available to the rural business investment company under this section; and ``(C) the Administration, in consultation with the Secretary, shall-- ``(i) impose such terms and conditions with respect to the leverage that the Administration and the Secretary determine to be appropriate; and ``(ii) in developing the terms and conditions described in clause (i)-- ``(I) ensure, to the maximum extent practicable, that those terms and conditions are not-- ``(aa) duplicative of other requirements applicable to rural business investment companies; or ``(bb) otherwise unnecessary; and ``(II) take into consideration how rural business investment companies that have been issued a license by the Secretary under section 384D(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009cc-3(e)) before the date of enactment of this section could qualify to receive that leverage. ``(c) Internal Evaluation.--Not later than June 1 of each year, the Administration shall perform an evaluation to determine whether the Administration will be unable to expend all of the covered amounts for the fiscal year in which the evaluation is made.''; and (2) in section 503(g) (15 U.S.C. 697(g)), by inserting ``, and with respect to leverage granted under section 321,'' after ``retained by the Administration under this section''. (b) SBA Requirements.-- (1) Establishment of application process.--Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary, shall establish a process through which a rural business investment company may apply for leverage granted under section 321 of the Small Business Investment Act of 1958, as added by subsection (a) of this section. (2) Update to rules.--Not later than 180 days after the date of enactment of this Act, and in addition to the process established under paragraph (1), the Administrator shall make any updates to the rules of the Administration that are necessary as a result of this section and the amendments made by this section. SEC. 4. INTERAGENCY WORKING GROUP. (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary, shall establish an interagency working group to develop-- (1) administrative recommendations for improving the coordination between the Administration and the Department of Agriculture in administering the program carried out under part A of title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.) and the program carried out under subtitle H of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009cc et seq.), respectively; and (2) legislative recommendations for improving capital access and investment in rural areas of the United States through the programs described in paragraph (1), including by increasing the number of licensees under those programs. (b) Members.-- (1) In general.--The Administrator, in consultation with the Secretary, shall appoint to the working group such representatives from the Administration and the Department of Agriculture, and such non-Federal industry stakeholders, as the Administrator, in consultation with the Secretary, determines to be appropriate. (2) Compensation.--No member of the working group may receive any compensation by reason of the service of the member on the working group. (c) Report to Congress.--Not later than 180 days after the date on which the working group is established under subsection (a), the working group shall submit to the appropriate committees of Congress a report that contains-- (1) the administrative actions that the Administration and the Department of Agriculture should take to make the improvements described in paragraph (1) of that subsection; and (2) the legislative recommendations described in paragraph (2) of that subsection. (d) Termination.--The working group shall terminate upon submission of the report required under subsection (c). (e) Implementation of Recommendations.--Not later than 90 days after the date on which the working group submits the report required under subsection (c), the Administration and the Department of Agriculture shall take the administrative actions described in paragraph (1) of that subsection. (f) Inapplicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the working group or the activities of the working group. <all>

Rural Capital Access Act

To amend the Small Business Investment Act of 1958 to provide opportunities to rural business investment companies, and for other purposes.

Rural Capital Access Act

Rep. Joyce, David P.

R

OH

H.R.7897

Environmental Protection

PFAS Reference Standards Act This bill requires the Environmental Protection Agency to require manufacturers of perfluoroalkyl or polyfluoroalkyl substances, commonly referred to as PFAS, to submit an analytical reference standard for each PFAS it has manufactured since ten years prior to the enactment of this bill.

To require manufacturers of PFAS to submit analytical reference standards to the Environmental Protection Agency, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``PFAS Reference Standards Act''. SEC. 2. EPA REQUIREMENT FOR SUBMISSION OF ANALYTICAL REFERENCE STANDARDS FOR PFAS. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall require each covered entity to submit to the Administrator an analytical reference standard for each chemical substance with at least one fully fluorinated carbon atom manufactured by the covered entity after the date that is 10 years prior to the date of enactment of this Act. (b) Uses.--The Administrator may-- (1) use an analytical reference standard submitted under this section only for-- (A) the development of information, protocols, and methodologies, which may be carried out by an entity determined appropriate by the Administrator; or (B) activities relating to the implementation or enforcement of Federal requirements; and (2) provide an analytical reference standard submitted under this section to a State, to be used only for-- (A) the development of information, protocols, and methodologies, which may be carried out by an entity determined appropriate by the State; or (B) activities relating to the implementation or enforcement of State requirements. (c) Prohibition.--No person receiving an analytical reference standard submitted under this section may use or transfer the analytical reference standard for a commercial purpose. (d) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Chemical substance.--The term ``chemical substance'' means any organic or inorganic substance of a particular molecular identity. (3) Covered entity.--The term ``covered entity'' means a manufacturer of a chemical substance with at least one fully fluorinated carbon atom. (4) Manufacture; state.--The terms ``manufacture'' and ``State'' have the meanings given those terms in section 3 of the Toxic Substances Control Act (15 U.S.C. 2602). <all>

PFAS Reference Standards Act

To require manufacturers of PFAS to submit analytical reference standards to the Environmental Protection Agency, and for other purposes.

PFAS Reference Standards Act

Rep. Sarbanes, John P.

D

MD

H.R.2685

Science, Technology, Communications

Understanding Cybersecurity of Mobile Networks Act This bill requires the National Telecommunications and Information Administration to examine and report on the cybersecurity of mobile service networks and the vulnerability of these networks and mobile devices to cyberattacks and surveillance conducted by adversaries. The report shall include (1) an assessment of the degree to which providers of mobile service have addressed certain cybersecurity vulnerabilities; (2) a discussion of the degree to which these providers have implemented cybersecurity best practices and risk assessment frameworks; and (3) an estimate of the prevalence and efficacy of encryption and authentication algorithms and techniques used in mobile service and communications equipment, mobile devices, and mobile operating systems and software.

To direct the Assistant Secretary of Commerce for Communications and Information to submit to Congress a report examining the cybersecurity of mobile service networks, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Understanding Cybersecurity of Mobile Networks Act''. SEC. 2. REPORT ON CYBERSECURITY OF MOBILE SERVICE NETWORKS. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Assistant Secretary, in consultation with the Department of Homeland Security, 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 examining the cybersecurity of mobile service networks and the vulnerability of such networks and mobile devices to cyberattacks and surveillance conducted by adversaries. (b) Matters to Be Included.--The report required by subsection (a) shall include the following: (1) An assessment of the degree to which providers of mobile service have addressed, are addressing, or have not addressed cybersecurity vulnerabilities (including vulnerabilities the exploitation of which could lead to surveillance conducted by adversaries) identified by academic and independent researchers, multistakeholder standards and technical organizations, industry experts, and Federal agencies, including in relevant reports of-- (A) the National Telecommunications and Information Administration; (B) the National Institute of Standards and Technology; and (C) the Department of Homeland Security, including-- (i) the Cybersecurity and Infrastructure Security Agency; and (ii) the Science and Technology Directorate. (2) A discussion of-- (A) the degree to which customers (including consumers, companies, and government agencies) consider cybersecurity as a factor when considering the purchase of mobile service and mobile devices; and (B) the commercial availability of tools, frameworks, best practices, and other resources for enabling such customers to evaluate cybersecurity risk and price tradeoffs. (3) A discussion of the degree to which providers of mobile service have implemented cybersecurity best practices and risk assessment frameworks. (4) An estimate and discussion of the prevalence and efficacy of encryption and authentication algorithms and techniques used in each of the following: (A) Mobile service. (B) Mobile communications equipment or services. (C) Commonly used mobile phones and other mobile devices. (D) Commonly used mobile operating systems and communications software and applications. (5) A discussion of the barriers for providers of mobile service to adopt more efficacious encryption and authentication algorithms and techniques and to prohibit the use of older encryption and authentication algorithms and techniques with established vulnerabilities in mobile service, mobile communications equipment or services, and mobile phones and other mobile devices. (6) An estimate and discussion of the prevalence, usage, and availability of technologies that authenticate legitimate mobile service and mobile communications equipment or services to which mobile phones and other mobile devices are connected. (7) An estimate and discussion of the prevalence, costs, commercial availability, and usage by adversaries in the United States of cell site simulators (often known as international mobile subscriber identity-catchers) and other mobile service surveillance and interception technologies. (c) Consultation.--In preparing the report required by subsection (a), the Assistant Secretary shall, to the degree practicable, consult with-- (1) the Federal Communications Commission; (2) the National Institute of Standards and Technology; (3) the intelligence community; (4) the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security; (5) the Science and Technology Directorate of the Department of Homeland Security; (6) academic and independent researchers with expertise in privacy, encryption, cybersecurity, and network threats; (7) participants in multistakeholder standards and technical organizations (including the 3rd Generation Partnership Project and the Internet Engineering Task Force); (8) international stakeholders, in coordination with the Department of State as appropriate; (9) providers of mobile service, including small providers (or the representatives of such providers) and rural providers (or the representatives of such providers); (10) manufacturers, operators, and providers of mobile communications equipment or services and mobile phones and other mobile devices; (11) developers of mobile operating systems and communications software and applications; and (12) other experts that the Assistant Secretary considers appropriate. (d) Scope of Report.--The Assistant Secretary shall-- (1) limit the report required by subsection (a) to mobile service networks; (2) exclude consideration of 5G protocols and networks in the report required by subsection (a); (3) limit the assessment required by subsection (b)(1) to vulnerabilities that have been shown to be-- (A) exploited in non-laboratory settings; or (B) feasibly and practicably exploitable in real- world conditions; and (4) consider in the report required by subsection (a) vulnerabilities that have been effectively mitigated by manufacturers of mobile phones and other mobile devices. (e) Form of Report.-- (1) Classified information.--The report required by subsection (a) shall be produced in unclassified form but may contain a classified annex. (2) Potentially exploitable unclassified information.--The Assistant Secretary shall redact potentially exploitable unclassified information from the report required by subsection (a) but shall provide an unredacted form of the report to the committees described in such subsection. (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $500,000 for fiscal year 2022. Such amount is authorized to remain available through fiscal year 2023. (g) Definitions.--In this section: (1) Adversary.--The term ``adversary'' includes-- (A) any unauthorized hacker or other intruder into a mobile service network; and (B) any foreign government or foreign nongovernment person engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or security and safety of United States persons. (2) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary of Commerce for Communications and Information. (3) Entity.--The term ``entity'' means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization. (4) Intelligence community.--The term ``intelligence community'' has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). (5) Mobile communications equipment or service.--The term ``mobile communications equipment or service'' means any equipment or service that is essential to the provision of mobile service. (6) Mobile service.--The term ``mobile service'' means, to the extent provided to United States customers, either or both of the following services: (A) Commercial mobile service (as defined in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d))). (B) Commercial mobile data service (as defined in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401)). (7) Person.--The term ``person'' means an individual or entity. (8) 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. Passed the House of Representatives December 1, 2021. Attest: CHERYL L. JOHNSON, Clerk.

Understanding Cybersecurity of Mobile Networks Act

To direct the Assistant Secretary of Commerce for Communications and Information to submit to Congress a report examining the cybersecurity of mobile service networks, and for other purposes.

Understanding Cybersecurity of Mobile Networks Act Understanding Cybersecurity of Mobile Networks Act Understanding Cybersecurity of Mobile Networks Act Understanding Cybersecurity of Mobile Networks Act

Rep. Eshoo, Anna G.

D

CA

H.R.7270

Government Operations and Politics

Clean Elections in America Act This bill prohibits states from providing individuals with absentee ballots to vote in federal elections unless they meet specified application requirements and are unable to vote in person due to specified reasons.

To amend the Help America Vote Act of 2002 to establish requirements for voting by absentee ballot in elections for Federal office, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Elections in America Act''. SEC. 2. REQUIREMENTS WITH RESPECT TO VOTING BY ABSENTEE BALLOT. (a) Requirements.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended-- (1) by redesignating sections 304 and 305 as sections 305 and 306, respectively; and (2) by inserting after section 303 the following new section: ``SEC. 304. REQUIREMENTS WITH RESPECT TO VOTING BY ABSENTEE BALLOT. ``(a) Individuals Eligible To Receive Absentee Ballot.-- ``(1) Excusable reasons to receive absentee ballot.--A State may not provide to an individual an absentee ballot to vote in an election for Federal office unless such individual meets the application requirements described in paragraph (2) and is unable to vote in person at the appropriate polling place in the State on the date of the election for any of the following reasons: ``(A) The business or occupation of the individual prevents such individual from voting in person on the date of the election. ``(B) The individual is unable to vote in person on the date of the election because such individual provides care to a parent, spouse, or child with an illness, disability, or injury that requires constant care. ``(C) The individual suffers from a physical ailment, or is an individual with a disability, that substantially limits the ability of the individual to vote in person. ``(D) The individual will be absent from the jurisdiction in which the individual is registered to vote on the date of the election. ``(E) The individual is entitled to vote by absentee ballot under any other Federal law. ``(2) Application requirements.--A State may not provide to an individual an absentee ballot to vote in an election for Federal office unless-- ``(A) the individual submits an application to the appropriate State or local election official and such application is received by the official not later than noon on the Friday before the date of the election; and ``(B) the application includes-- ``(i) the individual's name and address; ``(ii) the reason such individual is unable to vote in person at the appropriate polling place in the State on the date of the election and such reason is an excusable reason described in paragraph (1); and ``(iii) a sworn written statement attesting to the individual's identity. ``(b) Effective Date.--This section shall apply with respect to each election for Federal office held after the date of the enactment of this section.''. (b) Conforming Amendment Relating to Enforcement.--Section 401 of the Help America Vote Act of 2002 (52 U.S.C. 21111) is amended by striking ``and 303'' and inserting ``303, and 304''. (c) Clerical Amendment.--The table of contents of such Act is amended-- (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306; and (2) by inserting after the item relating to section 303 the following new item: ``Sec. 304. Requirements with respect to voting by absentee ballot.''. <all>

Clean Elections in America Act

To amend the Help America Vote Act of 2002 to establish requirements for voting by absentee ballot in elections for Federal office, and for other purposes.

Clean Elections in America Act

Rep. Grothman, Glenn

R

WI

S.2751

Labor and Employment

Farmworker Smoke and Excessive Heat Protection Act of 2021 This bill provides protections for farmworkers from occupational exposures to wildfire smoke and excessive heat. Specifically, the bill establishes an initial occupational safety and health standard that requires agricultural operation employers to provide farmworkers with appropriate equipment to protect them from wildfire smoke (e.g., N95 masks or N100 masks) and excessive heat exposure (e.g., water and cooling facilities). Employers must also provide farmworkers with materials about how to use the equipment and the risks associated with exposure to wildfire smoke and excessive heat. Under the standard, workers are required to use the appropriate protective equipment when air quality or heat reaches a dangerous level. In addition, the Occupational Safety and Health Administration (OSHA) must promulgate an occupational safety and health standard that provides at least the same level of protection as the initial standard. OSHA must also provide technical assistance to employers on how to comply with the standards and develop sample training and education materials that may be used by employers.

To establish an occupational safety and health standard to protect farmworkers from wildfire smoke and excessive heat, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Farmworker Smoke and Excessive Heat Protection Act of 2021''. SEC. 2. FINDINGS. Congress finds that, as of the date of enactment of this Act-- (1) the wildfire season has increased by over 2 months since the 1970s, and wildfires have become increasingly prevalent across the United States due to prolonged droughts and extreme temperatures; (2) the average annual temperatures in the western United States have increased by 1.9 degrees Fahrenheit since 1970; (3) wildfire smoke often contains toxic chemicals and particulates, creating hazardous air quality conditions; (4) wildfire smoke often persists for extended periods of time and can travel hundreds of miles; (5) wildfire smoke inhalation is harmful to human health, particularly for vulnerable populations, including outdoor workers; (6) excessive heat poses a potentially deadly threat to those without protection from the heat, including outdoor workers; and (7) more than 100 people died during the June 2021 heat wave in Oregon, including a farmworker. SEC. 3. OCCUPATIONAL SAFETY AND HEALTH STANDARD TO PROTECT FARMWORKERS FROM WILDFIRE SMOKE AND EXCESSIVE HEAT. (a) Definitions.--In this section: (1) Agricultural operation employer.--The term ``agricultural operation employer'' means an employer, as defined in section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652), engaged in farming or agricultural operation. (2) Excessive heat.--The term ``excessive heat'' includes outdoor or indoor exposure to heat at a level that exceeds the capacities of the body to maintain normal body functions and may cause heat-related injury, illness, or fatality (including heat stroke, heat exhaustion, heat syncope, heat cramps, or heat rashes). (3) Farmworker.--The term ``farmworker'' means an employee, as defined in section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652), engaged in farming or other agricultural work for an agricultural operation employer. (4) Secretary.--The term ``Secretary'' means the Secretary of Labor. (b) Initial Occupational Safety and Health Standard.-- (1) In general.--During the period beginning on the date of enactment of this Act and ending on the date of the promulgation of the occupational safety and health standard under subsection (c), the Secretary shall deem the initial standard to protect farmworkers from wildfire smoke and excessive heat described in paragraph (2) to be an occupational safety and health standard under section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655). (2) Contents of initial standard.--The initial standard described in this subsection shall require that an agricultural operation employer-- (A) provide farmworkers with appropriate equipment to protect from wildfire smoke when air quality at the workplace reaches a level determined by the Secretary to be dangerous to human health; (B) ensure that the equipment provided under subparagraph (A) includes a N95 respirator or N100 respirator or other equipment certified by the National Institute for Occupational Safety and Health to protect from wildfire smoke exposure; (C) require mandatory use of the equipment described in subparagraphs (A) and (B) when air quality at the workplace reaches an extremely dangerous level, as determined by the Secretary; (D) provide farmworkers with appropriate equipment to protect from excessive heat when the heat reaches a level determined by the Secretary to be dangerous to health; (E) ensure that the equipment provided under subparagraph (D) includes water and cooling facilities to protect from excessive heat; (F) require mandatory use of the equipment described in subparagraphs (D) and (E) when the excessive heat reaches an extremely dangerous level, as determined by the Secretary; and (G) provide, with protective equipment provided under any of subparagraphs (A) through (F)-- (i) training and education materials to farmworkers, in a language understood by the farmworkers, regarding-- (I) how to properly use the protective equipment; (II) how long and under what conditions the protective equipment is effective; and (III) the potential health impacts of breathing wildfire smoke without proper protection or the signs of heat illness, as applicable; and (ii) an opportunity for the farmworkers to ask questions and receive responses regarding the training and education materials described in clause (i); and (H) require that, once the air quality or heat level has reached a dangerous or extremely dangerous level, as determined by the Secretary under subparagraph (A), (C), (D), or (F), farmworkers be provided mandatory rest breaks-- (i) of at least 10 minutes every 2 hours; and (ii) in shaded areas where the exposure to smoke is decreased or the temperature is decreased, as applicable. (3) Enforcement.--The initial standard described in this subsection shall be enforced in the same manner as a standard promulgated under section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), including the prohibition on discrimination under section 11(c) of such Act (29 U.S.C. 660(c)). (c) Occupational Safety and Health Standard.-- (1) In general.--By not later than 90 days after the date of enactment of this Act, the Secretary shall begin promulgating an occupational safety and health standard under section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655) to protect farmworkers from wildfire smoke and excessive heat. (2) Requirements.--The standard promulgated under paragraph (1) shall-- (A) provide safety and health protections for farmworkers working for agricultural operation employers that provide at least the same level of health and safety protection as the requirements under subsection (b)(2); (B) provide no less protection than the most protective smoke or heat protection standard adopted by a State; (C) detail the potential health impacts of breathing wildfire smoke without proper protection; and (D) detail the potential health impacts of working in excessive heat without proper protection. (d) Collaboration and Technical Assistance.-- (1) In general.--An agricultural operation employer may seek advice or assistance from the Secretary of Labor or a State or local health department regarding the equipment and training and education materials needed to meet the requirements under subsection (b)(2) (or any similar requirement of a standard promulgated under subsection (c)). (2) Department of labor duties.-- (A) In general.--The Secretary shall-- (i) provide technical assistance, upon the request of an agricultural operation employer, regarding how to meet the employer requirements of this section; and (ii) develop sample training and education materials that may be used by agricultural operation employers to meet the requirements of subsection (b)(2)(G) (or any similar requirement of a standard promulgated under subsection (c)). (B) Collaboration.--In developing training and education materials under subparagraph (A), the Secretary shall-- (i) work with community organizations for hard-to-reach farmworkers due to geographic isolation, language barriers, or literacy issues; and (ii) seek input in the development of the training and education materials in alternative languages, including indigenous languages. (3) Collaboration with community organizations.--The Secretary may, upon request, provide the training and educational materials developed under paragraph (2)(B) to relevant community and nonprofit organizations. <all>

Farmworker Smoke and Excessive Heat Protection Act of 2021

A bill to establish an occupational safety and health standard to protect farmworkers from wildfire smoke and excessive heat, and for other purposes.

Farmworker Smoke and Excessive Heat Protection Act of 2021

Sen. Merkley, Jeff

D

OR

H.R.5172

Armed Forces and National Security

Honoring Purple Heart Recipients Act This bill requires the Department of Defense to include individuals who are awarded the Purple Heart after the date of the enactment of this bill on its publicly accessible website that lists individuals who are recipients of certain military awards. Under the bill, the individual or their next of kin must elect to have the individual included on the list.

To direct the Secretary of Defense to list certain individuals who are awarded the Purple Heart on the internet website of the Department of Defense that lists individuals who have been awarded certain military awards. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Honoring Purple Heart Recipients Act''. SEC. 2. INCLUSION OF PURPLE HEART AWARDS ON MILITARY VALOR WEBSITE. The Secretary of Defense shall ensure that the publicly accessible internet website of the Department of Defense that lists individuals who have been awarded certain military awards includes a list of each individual who meets the following criteria: (1) After the date of the enactment of this Act, the individual is awarded the Purple Heart. (2) The individual elects to be included on such list (or, if the individual is deceased, the primary next of kin elects the individual to be included on such list). <all>

Honoring Purple Heart Recipients Act

To direct the Secretary of Defense to list certain individuals who are awarded the Purple Heart on the internet website of the Department of Defense that lists individuals who have been awarded certain military awards.

Honoring Purple Heart Recipients Act

Rep. Reschenthaler, Guy

R

PA

H.R.3353

Commerce

Contact Lens Prescription Verification Modernization Act This bill revises the requirements for the verification of prescriptions related to the purchase of contact lenses. Specifically, online sellers of prescription contact lenses must provide consumers with a method to transmit a digital copy of their prescriptions to such sellers. Online sellers also must encrypt protected health information they send by email. Additionally, the bill prohibits any seller of prescription contact lenses from using telephone calls with an artificial or prerecorded voice (i.e., robocalls) to verify a consumer's prescription.

To amend the Fairness to Contact Lens Consumers Act to modernize verification of contact lens prescriptions, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Contact Lens Prescription Verification Modernization Act''. SEC. 2. AMENDMENTS. Section 4 of the Fairness to Contact Lens Consumers Act (15 U.S.C. 7603) is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (B) by moving such redesignated subparagraphs 2 ems to the right; (C) by striking ``A seller may'' and inserting ``(1) Sellers generally.--A seller may''; and (D) by adding at the end the following new paragraph: ``(2) Online sellers.--An online seller of contact lenses shall provide a method that enables an individual to electronically transmit, in accordance with HIPAA privacy regulation (as defined in section 1180(b)(3) of the Social Security Act (42 U.S.C. 1320d-9(b)(3))), a copy of a contact lens prescription for such individual. ``(3) Encryption required.--Any protected health information (as defined for purposes of the HIPAA privacy regulation) that an online seller sends pursuant to this section by email shall be encrypted.''; (2) in subsection (c)(6), by striking ``and telephone number'' and inserting the following: ``, telephone number, and email address''; and (3) in subsection (g), by striking the period at the end and inserting the following: ``but does not include a call made using an artificial or prerecorded voice.''. <all>

Contact Lens Prescription Verification Modernization Act

To amend the Fairness to Contact Lens Consumers Act to modernize verification of contact lens prescriptions, and for other purposes.

Contact Lens Prescription Verification Modernization Act

Rep. Rush, Bobby L.

D

IL

H.R.4270

Energy

Abandoned Well Remediation Research and Development Act This bill requires the Department of Energy to establish a research, development, and demonstration program with respect to (1) data collection on the location of abandoned oil or gas wells; (2) the plugging, remediation, reclamation, and repurposing of the wells; and (3) mitigating potential environmental impacts of documented and undocumented abandoned wells.

To amend the Energy Policy Act of 2005 to direct the Secretary of Energy to carry out a research, development, and demonstration program with respect to abandoned wells, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Abandoned Well Remediation Research and Development Act''. SEC. 2. AMENDMENT TO THE ENERGY POLICY ACT OF 2005. The Energy Policy Act of 2005 is amended-- (1) in subtitle F of title IX (42 U.S.C. 16291 et seq.), by inserting after section 969D the following: ``SEC. 969E. ABANDONED WELLS RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROGRAM. ``(a) Establishment.--Not later than 120 days after the date of enactment of the Abandoned Well Remediation Research and Development Act, the Secretary of Energy shall, in coordination with relevant Federal and state agencies and entities, establish a research, development, and demonstration program to improve-- ``(1) data collection on the location of abandoned wells; ``(2) the plugging, remediation, reclamation, and repurposing of abandoned wells; and ``(3) strategies to mitigate potential environmental impacts of documented and undocumented abandoned wells. ``(b) Activities.--The research, development, and demonstration under subsection (a) shall include activities to improve-- ``(1) remote sensor capabilities, LiDAR capabilities, optical gas imaging, magnetic survey technology, and any other technologies relevant to the efficient identification of abandoned wells; ``(2) understanding of how certain parameters of abandoned wells affect methane emission rates of such wells, including paramaters such as well age, well depth, geology, construction, case material, and geographic region; ``(3) the efficiency and cost-efficacy of processes for plugging, remediating, reclaiming, and repurposing abandoned wells, including-- ``(A) improvement of processes and technologies for the unique challenges associated with plugging remote abandoned wells; ``(B) use of low carbon, lightweight cement or use of alternative materials and additives for plugging purposes; and ``(C) repurposing of abandoned wells for alternative uses, including geothermal power production or carbon capture, utilization, and storage; and ``(4) understanding of the impacts of abandoned wells on groundwater quality and contamination. ``(c) Coordination.--In carrying out the program established in (a), the Secretary shall ensure coordination of these activities with institutions of higher education, the Department of Energy National Laboratories, and the private sector. ``(d) Abandoned Well Defined.--In this section, the term `abandoned well' means a well originally drilled in connection with oil and gas operations that is not being used, has not been plugged, and has no anticipated use in oil and gas operations. ``(e) Authorization of Appropriations.--There are authorized to be appropriated for purposes of this section-- ``(1) $30,000,000 for fiscal year 2022; ``(2) $31,250,000 for fiscal year 2023; ``(3) $32,500,000 for fiscal year 2024; ``(4) $33,750,000 for fiscal year 2025; and ``(5) $35,000,000 for fiscal year 2026.''; and (2) in section 1(b) (42 U.S.C. 15801 note), in the table of contents, by inserting after the matter related to section 969D the following: ``Sec. 969E. Abandoned wells research, development, and demonstration program.''. Union Calendar No. 389 117th CONGRESS 2d Session H. R. 4270 [Report No. 117-541] _______________________________________________________________________

Abandoned Well Remediation Research and Development Act

To amend the Energy Policy Act of 2005 to direct the Secretary of Energy to carry out a research, development, and demonstration program with respect to abandoned wells, and for other purposes.

Abandoned Well Remediation Research and Development Act Abandoned Well Remediation Research and Development Act

Rep. Lamb, Conor

D

PA

H.R.6964

Native Americans

This bill authorizes the Confederated Tribes of the Chehalis Reservation to lease their land held in trust for a term of up to 99 years. The tribe is located in western Washington State.

To authorize leases of up to 99 years for lands held in trust for the Confederated Tribes of the Chehalis Reservation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION LEASING AUTHORITY. Subsection (a) of the first section of the Act of August 9, 1955 (25 U.S.C. 415(a)), is amended in the second sentence by inserting ``, land held in trust for the Confederated Tribes of the Chehalis Reservation'' after ``Crow Tribe of Montana''. Union Calendar No. 498 117th CONGRESS 2d Session H. R. 6964 [Report No. 117-681] _______________________________________________________________________

To authorize leases of up to 99 years for lands held in trust for the Confederated Tribes of the Chehalis Reservation.

To authorize leases of up to 99 years for lands held in trust for the Confederated Tribes of the Chehalis Reservation.

Official Titles - House of Representatives Official Title as Introduced To authorize leases of up to 99 years for lands held in trust for the Confederated Tribes of the Chehalis Reservation.

Rep. Strickland, Marilyn

D

WA

S.5110

Public Lands and Natural Resources

Valley Forge Park Realignment Permit and Promise Act This bill authorizes the Department of the Interior to issue a right-of-way permit for portions of the main segment of the natural gas distribution pipeline within Valley Forge National Historical Park if the segment is relocated to a proposed realignment of Valley Forge Park Road and North Gulph Road within the park.

To authorize the Secretary of the Interior to issue a right-of-way permit with respect to a natural gas distribution main within Valley Forge National Historical Park, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Valley Forge Park Realignment Permit and Promise Act''. SEC. 2. RIGHT-OF-WAY PERMIT FOR NATURAL GAS DISTRIBUTION MAIN SEGMENT AT VALLEY FORGE NHP. (a) In General.--Notwithstanding any other provision of law, the Secretary may issue a right-of-way permit pursuant to part 14 of title 36, Code of Federal Regulations (as in effect on the date of the enactment of this Act), for the covered main segment if the covered main segment is relocated to a proposed realignment of Valley Forge Park Road and North Gulph Road within the Park. (b) Scope of Authority.--The authority to grant a right-of-way permit under subsection (a) shall apply only to the covered main segment and shall not apply to any other part of the natural gas distribution main system or any other pipeline system within the Park. (c) Definitions.--In this section: (1) Covered main segment.--The term ``covered main segment'' means the portions of the natural gas distribution main (including all appurtenances used in the operation of such main) within the Park-- (A) existing on the date of the enactment of this Act; and (B) that are located under, along, or adjacent to the segments of North Gulph Road and Valley Forge Park Road (SR3039 and SR0023 respectively, as those roads were aligned on January 21, 2022) that are between-- (i) the intersection of North Gulph Road with Richards Road; and (ii) a point on Valley Forge Park Road located 500 feet northwest of its intersection with County Line Road. (2) Park.--The term ``Park'' means Valley Forge National Historical Park. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. <all>

Valley Forge Park Realignment Permit and Promise Act

A bill to authorize the Secretary of the Interior to issue a right-of-way permit with respect to a natural gas distribution main within Valley Forge National Historical Park, and for other purposes.

Valley Forge Park Realignment Permit and Promise Act

Sen. Casey, Robert P., Jr.

D

PA

H.R.4123

Health

Increasing Health Coverage through HRAs Act of 2021 This bill provides statutory authority for the Department of the Treasury, the Department of Labor, and the Department of Health and Human Services rule dated June 20, 2019, which provides for the integration of health reimbursement arrangements and other account-based health plans with individual health insurance coverage or Medicare.

To codify certain rules related to health reimbursement arrangements and other account-based group health plans, and for other 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 ``Increasing Health Coverage through HRAs Act of 2021''. (b) Findings.--Congress finds the following: (1) Permitting health reimbursement arrangements to be used for the purchase of private insurance will allow more small businesses to offer access to quality health insurance coverage to their employees. (2) Permitting health reimbursement arrangements to be used for the purchase of private insurance will increase the number of Americans with health insurance coverage by as many as 800,000. (3) Permitting health reimbursement arrangements to be used for the purchase of private insurance will significantly increase the number of Americans obtaining coverage in the individual market, leading to more choice, stability, innovation, and lower premiums. (4) The administration rule permitting health reimbursement arrangements to be used for the purchase of private insurance ensures that those with pre-existing conditions will not pay more for coverage by requiring workers within each class of employment to be offered the same coverage regardless of health status. SEC. 2. CODIFICATION OF HEALTH REIMBURSEMENT ARRANGEMENTS AND OTHER ACCOUNT-BASED GROUP HEALTH PLANS. The final rule (84 FR 28888) published on June 20, 2019, by the Secretary of the Treasury, the Secretary of Labor, and the Secretary of Health and Human Services (relating to health reimbursement arrangements and other account-based group health plans) shall have the full force and effect of law. <all>

Increasing Health Coverage through HRAs Act of 2021

To codify certain rules related to health reimbursement arrangements and other account-based group health plans, and for other purposes.

Increasing Health Coverage through HRAs Act of 2021

Rep. Bishop, Dan

R

NC

S.1965

Armed Forces and National Security

Planning for Aging Veterans Act of 2021 This bill addresses the long-term care of veterans, including by implementing policies for the administration of state homes. First, the bill requires the Department of Veterans Affairs (VA) to develop a strategy for the long-term care of veterans. The VA must develop a standardized process for entering into sharing agreements between state homes and VA medical centers. A state home is a home established by a state for veterans who are disabled by age, disease, or otherwise and incapable of earning a living because of such disability. The term also includes a home that furnishes nursing home care for veterans. Under the bill, the VA must ensure that veterans who are catastrophically disabled are not required to pay a co-payment for medication received at a state home. Generally, veterans are catastrophically disabled if they have a permanent severely disabling injury, disorder, or disease that compromises the ability to carry out the activities of daily living. The VA must monitor any contractor it uses to conduct inspections of state homes, including by reviewing inspections, reporting deficiencies, and publishing inspection results on a public VA website. The VA must implement a two-year pilot program to provide geriatric psychiatry assistance to eligible veterans at state homes. Finally, the VA must work with public housing authorities and local organizations to assist aging homeless veterans in accessing existing housing and supportive services, even if a veteran is not eligible for such services from the VA.

To direct the Secretary of Veterans Affairs to improve long-term care provided to veterans by the Department of Veterans Affairs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Planning for Aging Veterans Act of 2021''. SEC. 2. STRATEGY FOR LONG-TERM CARE FOR AGING VETERANS. (a) In General.--The Secretary of Veterans Affairs shall develop a strategy for the long-term care of veterans. (b) Elements.--The strategy developed under subsection (a) shall-- (1) identify current and future needs for the long-term care of veterans based on demographic data and availability of services both from Department of Veterans Affairs and from non- Department providers in the community, include other Federal Government, non-Federal Government, nonprofit, for profit, and other entities; (2) identify the current and future needs of veterans for both institutional and non-institutional long-term care (for example, home-based and community-based services), taking into account the needs of growing veteran population groups, including women veterans, veterans with traumatic brain injury, veterans with memory loss, and other population groups with unique needs; and (3) address new and different care delivery models, including by-- (A) assessing the implications of such models for the design of facilities and how those facilities may need to change; and (B) examining the workforce needed to support aging populations of veterans as they grow and receive long- term care through different trends of care delivery. (c) Report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the strategy developed under subsection (a). SEC. 3. IMPROVEMENT OF STATE VETERANS HOMES. (a) Standardized Sharing Agreements.--The Secretary of Veterans Affairs shall develop a standardized process throughout the Department of Veterans Affairs for entering into sharing agreements between State homes and medical centers of the Department. (b) Clarification on Copayments for Certain Disabled Veterans.--The Secretary shall ensure that all veterans who are catastrophically disabled, as defined by the Secretary under section 1730A of title 38, United States Code, are not required to pay a copayment for medication received at a State home. (c) Oversight of Inspections.-- (1) Monitoring.--The Secretary shall monitor any contractor used by the Department to conduct inspections of State homes, including by reviewing the inspections conducted by each such contractor for quality not less frequently than quarterly. (2) Reporting of deficiencies.--The Secretary shall require that any deficiencies of a State home noted during the inspection of the State home be reported to the Secretary. (3) Transparency.--The Secretary shall publish the results of any inspection of a State home on a publicly available internet website of the Department. (d) Definitions.--In this section, the term ``State home'' has the meaning given that term in section 101(19) of title 38, United States Code. SEC. 4. GERIATRIC PSYCHIATRY PILOT PROGRAM AT STATE VETERANS HOMES. (a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence the conduct of a pilot program under which the Secretary shall provide geriatric psychiatry assistance to eligible veterans at State homes. (b) Duration.--The Secretary shall carry out the pilot program under this section for a two-year period. (c) Type of Assistance.--Assistance provided under the pilot program under this section may include-- (1) direct provision of geriatric psychiatry services, including health care if feasible; (2) payments to non-Department of Veterans Affairs providers in the community to provide such services; (3) collaboration with other Federal agencies to provide such services; or (4) such other forms of assistance as the Secretary considers appropriate. (d) Consideration of Local Area Needs.--In providing assistance under the pilot program under this section, the Secretary shall consider the geriatric psychiatry needs of the local area, including by considering-- (1) State homes with a high proportion of residents with unmet mental health needs; (2) State homes located in mental health care health professional shortage areas designated under section 332 of the Public Health Service Act (42 U.S.C. 254e); or (3) State homes located in rural or highly rural areas. (e) Definitions.--In this section: (1) Active military, naval, or air service.--The term ``active military, naval, or air service'' has the meaning given that term in section 101(24) of title 38, United States Code. (2) Eligible veteran.--The term ``eligible veteran'' means a veteran who the Secretary determines would benefit from access to geriatric psychiatry services, including veterans who sustained a traumatic brain injury or posttraumatic stress disorder in line of duty in the active military, naval, or air service. (3) State home.--The term ``State home'' has the meaning given that term in section 101(19) of title 38, United States Code. SEC. 5. SUPPORT FOR AGING VETERANS AT RISK OF OR EXPERIENCING HOMELESSNESS. (a) In General.--The Secretary of Veterans Affairs shall work with public housing authorities and local organizations to assist aging homeless veterans in accessing existing housing and supportive services, including health services like home-based and community-based services from the Department of Veterans Affairs or from non-Department providers in the community, even if the veteran is not eligible for such services from the Department. (b) Payment for Services.--The Secretary may, and is encouraged to, pay for services for aging homeless veterans described in subsection (a). <all>

Planning for Aging Veterans Act of 2021

A bill to direct the Secretary of Veterans Affairs to improve long-term care provided to veterans by the Department of Veterans Affairs, and for other purposes.

Planning for Aging Veterans Act of 2021

Sen. Murray, Patty

D

WA

H.R.9164

Armed Forces and National Security

Veteran Restitution and Justice Act of 2022 This bill requires the Department of Veterans Affairs to provide retroactive benefits payments for veterans with covered health conditions (e.g., post-traumatic stress disorder) based on military sexual trauma experienced during active service.

To amend title 38, United States Code, to provide for the retroactive payment of benefits for veterans with covered mental health conditions based on military sexual trauma, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Restitution and Justice Act of 2022''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS RETROACTIVE BENEFITS PAYMENTS FOR VETERANS WITH COVERED HEALTH CONDITIONS BASED ON MILITARY SEXUAL TRAUMA. (a) In General.--Subchapter II of chapter 51 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 5114. Claims involving military sexual trauma: retroactive benefits payments ``(a) In General.--If the Secretary approves a claim for compensation for a covered health condition based on military sexual trauma experienced by a veteran during active military, naval, or air service, notwithstanding sections 5110 and 5111 of this title-- ``(1) the effective date of the award of the claim shall be the date of the day after the date on which the veteran is discharged from such service; and ``(2) payment of monetary benefits based on such award shall be made beginning on such date and shall be payable retroactively. ``(b) Definitions.--In this section: ``(1) The term `military sexual trauma' has the meaning given such term in section 1166(c)(2) of this title. ``(2) The term `covered health condition' means-- ``(A) a covered mental health condition, as such term is defined in section 1166(c)(1) of this title; or ``(B) any physical injury or disease resulting in disability that was incurred as a result of, or aggravated by, military sexual trauma.''. (b) Clerical Amendments.--The table of sections at the beginning of chapter 51 of such title is amended by inserting after the item relating to section 5113 the following new item: ``5114. Claims involving military sexual trauma: retroactive benefits payments.''. <all>

Veteran Restitution and Justice Act of 2022

To amend title 38, United States Code, to provide for the retroactive payment of benefits for veterans with covered mental health conditions based on military sexual trauma, and for other purposes.

Veteran Restitution and Justice Act of 2022

Rep. Carbajal, Salud O.

D

CA

H.R.7070

Agriculture and Food

Protecting School Milk Choices Act of 2022 This bill revises requirements for milk provided by the National School Lunch Program of the Department of Agriculture. Currently, schools participating in the program may provide lactose-free and flavored and unflavored milk. Under the bill, these schools must provide students flavored and unflavored milk and maintain the discretion to offer lactose-free milk.

To amend the Richard B. Russell National School Lunch Act with respect to the types of milk offered under the school lunch 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 ``Protecting School Milk Choices Act of 2022''. SEC. 2. TYPES OF MILK OFFERED UNDER THE SCHOOL LUNCH PROGRAM. Section 9(a)(2)(A) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)(2)(A)) is amended-- (1) by striking clause (ii); (2) by redesignating clause (iii) as clause (iv); and (3) by inserting after clause (i) the following: ``(ii) shall offer students flavored and unflavored fluid milk; ``(iii) may offer students lactose-free fluid milk; and''. <all>

Protecting School Milk Choices Act of 2022

To amend the Richard B. Russell National School Lunch Act with respect to the types of milk offered under the school lunch program, and for other purposes.

Protecting School Milk Choices Act of 2022

Rep. Stefanik, Elise M.

R

NY

H.R.48

Environmental Protection

American Sovereignty and Species Protection Act This bill limits the protection of endangered or threatened species to species that are native to the United States. In addition, the bill prohibits certain funding for endangered or threatened species from being used to acquire lands, waters, or other interests in foreign countries.

To amend the Endangered Species Act to prevent a species that is not native to the United States from being listed as an endangered species or a threatened species, to prohibit certain types of financial assistance, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``American Sovereignty and Species Protection Act''. SEC. 2. LIMITATION ON LISTING OF NOT NATIVE SPECIES AND PROVISION OF CERTAIN FINANCIAL ASSISTANCE. (a) Limitation on Listing of Not Native Species.--Section 4(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)(2)) is amended by adding at the end the following: ``(D) Not native species.--The Secretary may not determine that a species is an endangered species or a threatened species pursuant to section 4 if such species is not native to the United States.''. (b) Limitation on Provision of Certain Financial Assistance.-- Section 8(a) of the Endangered Species Act of 1973 (16 U.S.C. 1537(a)) is amended-- (1) by striking ``As a demonstration of'' and inserting the following: ``(1) In general.--As a demonstration of''; (2) by striking ``(which includes, but is not limited to, the acquisition, by lease or otherwise, of lands, waters, or interests therein)''; and (3) by adding at the end the following: ``(2) Prohibition on purchasing land in a foreign country.--No financial assistance provided under paragraph (1) may be used to acquire, by lease or otherwise, lands, waters, or other interests in a foreign country.''. <all>

American Sovereignty and Species Protection Act

To amend the Endangered Species Act to prevent a species that is not native to the United States from being listed as an endangered species or a threatened species, to prohibit certain types of financial assistance, and for other purposes.

American Sovereignty and Species Protection Act

Rep. Biggs, Andy

R

AZ

H.R.385

Transportation and Public Works

Preparing Localities for an Autonomous and Connected Environment Act or the PLACE Act This bill directs the Department of Transportation to provide grants to institutions of higher education to (1) operate a national highly automated vehicle and mobility innovation clearinghouse; (2) collect, conduct, and fund research on how autonomous vehicles and mobility innovation can impact land use, urban design, transportation systems, real estate, accessibility, municipal budgets, social equity, availability and quality of jobs, air quality and climate, energy consumption, and the environment; (3) make such research publicly available online; and (4) conduct outreach and disseminate information on the research to assist communities.

To direct the Secretary of Transportation to make grants for the operation of a clearinghouse to collect, conduct, and fund research on the influences of highly automated vehicles on land use, urban design, transportation, real estate, and municipal budgets, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preparing Localities for an Autonomous and Connected Environment Act'' or the ``PLACE Act''. SEC. 2. NATIONAL HIGHLY AUTOMATED VEHICLE AND MOBILITY INNOVATION CLEARINGHOUSE. (a) In General.--Subchapter I of chapter 55 of title 49, United States Code, is further amended by adding at the end the following: ``Sec. 5506. National highly automated vehicle and mobility innovation clearinghouse ``(a) In General.--The Secretary shall make a grant to an institution of higher education engaged in research on the secondary impacts of highly automated vehicles and mobility innovation to-- ``(1) operate a national highly automated vehicle and mobility innovation clearinghouse; ``(2) collect, conduct, and fund research on the secondary impacts of highly automated vehicles and mobility innovation; ``(3) make such research available on a public website; and ``(4) conduct outreach and dissemination of the information described in this subsection to assist communities. ``(b) Authorization of Appropriations.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $2,000,000 for each fiscal year from funds made available to carry out sections 512 through 518 of title 23, United States Code. ``(c) Definitions.--In this section: ``(1) Highly automated vehicle.--The term `highly automated vehicle' means a motor vehicle that-- ``(A) is capable of performing the entire task of driving (including steering, accelerating and decelerating, and reacting to external stimulus) without human intervention; and ``(B) is designed to be operated exclusively by a Level 3, Level 4, or Level 5 automated driving system for all trips according to the recommended practice standards published on June 15, 2018, by the Society of Automotive Engineers International (J3016_201806) or equivalent standards adopted by the Secretary with respect to automated motor vehicles. ``(2) Mobility innovation.--The term `mobility innovation' means an activity described in section 5316, including mobility on demand and mobility as a service (as such terms are defined in such section). ``(3) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). ``(4) Secondary impacts.--The term `secondary impacts' means the impacts on land use, urban design, transportation systems, real estate, accessibility, municipal budgets, social equity, availability and quality of jobs, air quality and climate, energy consumption, and the environment.''. (b) Clerical Amendment.--The analysis for chapter 55 of title 49, United States Code, is amended by adding at the end the following: ``5506. National highly automated vehicle and mobility innovation clearinghouse.''. (c) Deadline for Clearinghouse.--The Secretary of Transportation shall ensure that the institution of higher education that receives the grant described in section 5506(a)(1) of title 49, United States Code, as added by subsection (a), shall establish the national highly automated vehicle clearinghouse described in such section not later than 180 days after the date of enactment of this Act. <all>

PLACE Act

To direct the Secretary of Transportation to make grants for the operation of a clearinghouse to collect, conduct, and fund research on the influences of highly automated vehicles on land use, urban design, transportation, real estate, and municipal budgets, and for other purposes.

PLACE Act Preparing Localities for an Autonomous and Connected Environment Act

Rep. Blumenauer, Earl

D

OR

H.R.3642

Armed Forces and National Security

Harlem Hellfighters Congressional Gold Medal Act This bill provides for the award of a Congressional Gold Medal to the 369th Infantry Regiment, commonly known as the Harlem Hellfighters, in recognition of their bravery and outstanding service during World War I.

[117th Congress Public Law 38] [From the U.S. Government Publishing Office] [[Page 135 STAT. 333]] Public Law 117-38 117th Congress An Act To award a Congressional gold medal to the 369th Infantry Regiment, commonly known as the ``Harlem Hellfighters'', in recognition of their bravery and outstanding service during World War I. <<NOTE: Aug. 25, 2021 - [H.R. 3642]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Harlem Hellfighters Congressional Gold Medal Act. 31 USC 5111 note.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Harlem Hellfighters Congressional Gold Medal Act''. SEC. 2. FINDINGS. Congress finds the following: (1) When the United States officially entered World War I in April 1917, the Armed Forces were still segregated, even though African-American soldiers had served and distinguished themselves in every war since the Revolutionary War, and even the Colonial Wars preceding the American Revolution. (2) After several years of advocacy and debate, in 1916 the State of New York authorized the recruitment of the 15th New York National Guard Regiment, which was called to Federal service on July 25, 1917, soon after arriving for training at Camp Whitman, New York. (3) The 15th completed its basic military practice training at Camp Whitman, New York. (4) To receive combat training, the 15th reported, on October 8, 1917, to Camp Wadsworth, in Spartanburg, South Carolina, where it experienced many incidents of racial discrimination. (5) Consequently, the government agreed to remove the 15th from Camp Wadsworth, but, instead of receiving further training, the regiment began preparing for deployment to France in November. (6) The 15th arrived in Saint Nazaire, France, on January 1, 1918, where it was redesignated the 369th Infantry Regiment. (7) Partly because many White soldiers within the American Expeditionary Forces (hereinafter, the ``AEF'') refused to perform combat duty with Black soldiers, members of the 369th were initially assigned manual labor tasks, such as loading and unloading supplies, and constructing roads and railroads. (8) After receiving pressure from the 369th regimental commander about not having a combat mission, the AEF attached the 369th to the French Fourth Army. [[Page 135 STAT. 334]] (9) By mid-March of 1918, the 369th went to the Argonne Forest with the French 16th Division for training and soon entered the trenches. (10) The 369th encountered its first German soldiers in combat in April, 1918. (11) <<NOTE: Henry Johnson.>> In May of 1918, Private Henry Johnson of the 369th received the French Croix de Guerre, with Palm, for extraordinary valor, becoming one of the first American soldiers to be awarded this honor. (12) Johnson also belatedly received a Purple Heart, was awarded the Distinguished Service Cross, and in, 2015, was awarded the Medal of Honor. (13) Throughout the remainder of the spring and into the summer the 369th served at Minacourt, in the Champagne-Marne Defensive, and during the Aisne-Marne Offensive in support of the French 161st Infantry Division. (14) As summer turned to autumn, the 369th went on to participate in the Meuse-Argonne offensive, where it captured the important village of Sechault despite sustaining severe losses. (15) On October 14, 1918, the 369th advanced to Alsace. (16) On November 20, 1918, the 369th reached the banks of the Rhine River as part of the French Army of Occupation, the first Allied unit to do so. (17) The 369th was relieved of its assignment with the French 161st Division in December, 1918, and elements of the regiment sailed for New York in late January and early February, 1919. (18) The 369th Infantry Regiment received a parade up 5th Avenue in New York City on February 17, 1919, receiving applause and cheers from hundreds of thousands of onlookers. (19) The 369th was demobilized on February 28, 1919. (20) Over 170 individual members of the 369th received the Croix de Guerre, many were awarded the Distinguished Service Cross, and the 369th was awarded a unit citation. (21) It is generally believed that the 369th was dubbed the ``Harlem Hellfighters'' by German soldiers, who found the men to be incredibly determined and courageous in battle. (22) The 369th was the first regiment of African Americans to deploy overseas during World War I and spent 191 days on the front line in World War I, more than any other American regimental sized unit. (23) The 369th never lost a foot of ground nor had a man taken prisoner, despite suffering a high number of casualties. SEC. 3. 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 the Congress, of a gold medal of appropriate design to the 369th Infantry Regiment, commonly known as the ``Harlem Hellfighters'', in recognition of their bravery and outstanding service during World War I. (b) <<NOTE: Determination.>> Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury shall [[Page 135 STAT. 335]] strike the 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 in honor of the 369th Infantry Regiment, the ``Harlem Hellfighters'', the gold medal shall be given to the Smithsonian Institution, where it will be displayed 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 awarded pursuant to this Act available for display elsewhere, particularly at other locations associated with the Harlem Hellfighters. SEC. 4. DUPLICATE MEDALS. (a) In General.--The Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the bronze medals, including labor, materials, dies, use of machinery, and overhead expenses. (b) Proceeds of Sales.--The amounts received from the sale of duplicate medals under subsection (a) shall be deposited in the United States Mint Public Enterprise Fund. (c) Authority to Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck under this Act. SEC. 5. STATUS OF MEDALS. The gold medal struck pursuant to this Act is a national medal for purposes of chapter 51 of title 31, United States Code. SEC. 6. 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. Approved August 25, 2021. LEGISLATIVE HISTORY--H.R. 3642: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 167 (2021): June 15, considered and passed House. Aug. 9, considered and passed Senate. <all>

Harlem Hellfighters Congressional Gold Medal Act

To award a Congressional gold medal to the 369th Infantry Regiment, commonly known as the "Harlem Hellfighters", in recognition of their bravery and outstanding service during World War I. To award a Congressional gold medal to the 369th Infantry Regiment, commonly known as the Harlem Hellfighters, in recognition of their bravery and outstanding service during World War I.

Harlem Hellfighters Congressional Gold Medal Act Harlem Hellfighters Congressional Gold Medal Act Harlem Hellfighters Congressional Gold Medal Act

Rep. Suozzi, Thomas R.

D

NY

S.626

Crime and Law Enforcement

Lacey Act Amendments of 2021 This bill modifies the injurious wildlife provision of the Lacey Act, which generally prohibits the import and shipment of listed living creatures and their eggs. First, the bill specifies that the prohibition on shipment applies to interstate shipments within the continental United States. Second, the bill authorizes the Department of the Interior to issue an emergency designation prohibiting the importation of a species if necessary to address an imminent threat to human beings, to the interests of agriculture, horticulture, forestry, or to wildlife, or to the wildlife resources of the United States. Third, the bill establishes a presumptive prohibition on the importation of any nonnative species of wild mammal, wild bird, fish (including mollusks and crustacea), amphibian, or reptile, or the eggs of any such species. The presumption may be overcome if Interior determines that the species does not pose a significant risk of invasiveness to the United States.

To amend title 18, United States Code, to enhance protections against the importation, and transport between States, of injurious species, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Lacey Act Amendments of 2021''. SEC. 2. AMENDMENTS. (a) In General.--Section 42 of title 18, United States Code, is amended-- (1) in subsection (a)(1)-- (A) in the first sentence, by striking ``shipment between the continental United States'' and inserting ``transport between the States''; and (B) by inserting after the first sentence the following: ``Notwithstanding any other provision of law, the Secretary of the Interior may prescribe by regulation an emergency designation prohibiting the importation of any species of wild mammals, wild birds, fish (including mollusks and crustacea), amphibians, or reptiles, or the offspring or eggs of any such species, as injurious to human beings, to the interests of agriculture, horticulture, forestry, or to wildlife or the wildlife resources of the United States, for not more than 3 years, under this subsection, if the Secretary of the Interior determines that such regulation is necessary to address an imminent threat to human beings, to the interests of agriculture, horticulture, forestry, or to wildlife or the wildlife resources of the United States. An emergency designation prescribed under this subsection shall take effect immediately upon publication in the Federal Register, unless the Secretary of the Interior prescribes an effective date that is not later than 60 days after the date of publication. During the period during which an emergency designation prescribed under this subsection for a species is in effect, the Secretary of the Interior shall evaluate whether the species should be designated as an injurious wildlife species under the first sentence of this paragraph.''; and (2) by adding at the end the following: ``(d) Presumptive Prohibition on Importation.-- ``(1) In general.--Importation into the United States of any species of wild mammals, wild birds, fish (including mollusks and crustacea), amphibians, or reptiles, or the offspring or eggs of any such species, that is not native to the United States and, as of the date of enactment of the Lacey Act Amendments of 2021, is not prohibited under subsection (a)(1), is prohibited, unless-- ``(A) during the 1-year period preceding the date of enactment of the Lacey Act Amendments of 2021, the species was, in more than minimal quantities-- ``(i) imported into the United States; or ``(ii) transported between the States, any territory of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States; or ``(B) the Secretary of the Interior determines, after an opportunity for public comment, that the species does not pose a significant risk of invasiveness to the United States and publishes a notice in the Federal Register of the determination. ``(2) Rule of construction.--Nothing in paragraph (1) shall be construed to limit the authority of the Secretary of the Interior under subsection (a)(1).''. (b) Conforming Amendments.--Section 42(a) of title 18, United States Code, is amended-- (1) in paragraph (2), by inserting ``and subsection (d)'' after ``this subsection''; (2) in paragraph (3)-- (A) by striking ``the foregoing'' and inserting ``paragraph (1) or subsection (d)''; and (B) by striking ``this Act'' each place the term appears and inserting ``this section''; (3) in paragraph (4), by inserting ``or subsection (d)'' after ``this subsection''; and (4) in paragraph (5)-- (A) by inserting ``and subsection (d)'' after ``this subsection''; and (B) by striking ``hereunder'' and inserting ``under such provisions''. (c) Regulations; Effective Date.-- (1) Regulations.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall promulgate regulations to define the term ``minimal quantities'' for purposes of subsection (d)(1)(A) of section 42 of title 18, United States Code, as added by subsection (a)(2). (2) Effective date.--Subsection (d) of section 42 of title 18, United States Code, as added by subsection (a)(2), shall take effect on the date that is 1 year after the date of enactment of this Act. <all>

Lacey Act Amendments of 2021

A bill to amend title 18, United States Code, to enhance protections against the importation, and transport between States, of injurious species, and for other purposes.

Lacey Act Amendments of 2021

Sen. Rubio, Marco

R

FL

H.R.8905

International Affairs

No Taxpayer Dollars for Russian Oligarchs Act This bill prohibits the expenditure of Federal funds for the maintenance of civilian vehicles (1) seized in response to Russia's invasion of Ukraine, (2) seized by Task Force KlepoCapture, or (3) that belong to sanctioned Russian oligarchs or officials. The bill also makes certain rules of federal criminal procedure non-applicable in such seizures.

To prohibit the maintenance of certain seized assets, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``No Taxpayer Dollars for Russian Oligarchs Act''. SEC. 2. PROHIBITION ON MAINTENANCE OF CERTAIN SEIZED ASSETS. (a) In General.--Notwithstanding any other provision of law and except to protect public health and safety, no Federal funds may be made available to maintain civilian vehicular assets-- (1) seized in response to Russia's invasion of Ukraine; (2) seized by or in coordination with the Task Force KleptoCapture or its successors; or (3) that belong to or are directly linked to Russian oligarchs or government officials sanctioned by the United States Government. (b) No Cause of Action.--A person who suffers damage by reason of a wrongful or excessive seizure of those assets described in subsection (a) does not have a cause of action against the applicant for the order under which such seizure was made. (c) Nonapplicability of Certain Seizure Requirements.--The provisions of subsections (f) through (h) of section 1963 of title 18, United States Code, shall not apply with respect to the maintenance or preservation in value of civilian vehicular assets-- (1) seized in response to Russia's invasion of Ukraine; (2) seized by, or in coordination with, the Task Force KleptoCapture or its successors; or (3) that belong to or are directly linked to Russian oligarchs or government officials sanctioned by the United States Government. (d) Nonapplicability of Certain Civil Forfeiture Provisions.-- Section 981(g) of title 18, United States Code, shall not apply with respect to the maintenance or preservation in value of civilian vehicular assets-- (1) seized in response to Russia's invasion of Ukraine; (2) seized by, or in coordination with, the Task Force KleptoCapture or its successors; or (3) that belong to or are directly linked to Russian oligarchs or government officials sanctioned by the United States Government. (e) Nonapplicability of Certain Rules of Federal Criminal Procedure.--Rule 32.2(b)(3) of the Federal Rules of Criminal procedure shall not apply with respect to the maintenance or preservation in value of civilian vehicular assets-- (1) seized in response to Russia's invasion of Ukraine; (2) seized by, or in coordination with, the Task Force KleptoCapture or its successors; or (3) that belong to or are directly linked to Russian oligarchs or government officials sanctioned by the United States Government. (f) Department of the Treasury Forfeiture Fund.-- (1) Limitation.--Amounts appropriated from the Department of the Treasury Forfeiture Fund pursuant to section 9705(g)(1) of title 31, United States Code, may not be used for the maintenance or preservation in value of civilian vehicular assets-- (A) seized in response to Russia's invasion of Ukraine; (B) seized by, or in coordination with, the Task Force KleptoCapture or its successors; or (C) that belong to or are directly linked to Russian oligarchs or government officials sanctioned by the United States Government. (2) Authorized use.--Amounts appropriated from the Department of the Treasury Forfeiture Fund pursuant to section 9705(g)(1) of title 31, United States Code, may be used for any other proper expense of seizure of civilian vehicular assets. (g) Department of Justice Assets Forfeiture Fund.-- (1) Limitation.--Amounts made available for the Department of Justice Assets Forfeiture Fund pursuant to section 524(c)(1)(A) of title 28, United States Code, may not be used for the maintenance or preservation in value of civilian vehicular assets-- (A) seized in response to Russia's invasion of Ukraine; (B) seized by, or in coordination with, the Task Force KleptoCapture or its successors; or (C) that belong to or are directly linked to Russian oligarchs or government officials sanctioned by the United States Government. (2) Authorized use of department of justice assets forfeiture fund.--Amounts made available for the Department of Justice Assets Forfeiture Fund pursuant to section 524(c)(1)(A) of title 28, United States Code, may be used for any other proper expense of seizure of civilian vehicular assets. <all>

No Taxpayer Dollars for Russian Oligarchs Act

To prohibit the maintenance of certain seized assets, and for other purposes.

No Taxpayer Dollars for Russian Oligarchs Act

Rep. Stanton, Greg

D

AZ

S.221

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

A bill 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

Sen. Moran, Jerry

R

KS

H.R.7125

International Affairs

Stopping the Spread of Taxpayer-Funded Bioweapons Act of 2022 This bill prohibits the Department of Defense Cooperative Threat Reduction Program from engaging in certain activities related to biological threats. (The program works with foreign countries to address the risks from weapons of mass destruction, including by securing such weapons and detecting the spread of especially dangerous pathogens.) Specifically, the program may not engage in (1) cooperative biological engagement; or (2) activities for facilitating the detection and reporting of diseases that could be used as an early warning detection mechanism for outbreaks, regardless of whether such diseases are caused by biological weapons.

To amend the Department of Defense Cooperative Threat Reduction Act to prevent the proliferation of biological weapons under the Cooperative Threat Reduction 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 ``Stopping the Spread of Taxpayer- Funded Bioweapons Act of 2022''. SEC. 2. PREVENTING THE PROLIFERATION OF BIOLOGICAL WEAPONS UNDER THE COOPERATIVE THREAT REDUCTION PROGRAM. (a) Prevention of the Proliferation of Biological Weapons.-- (1) In general.--Section 1331(a) of the Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3731(a)) is amended by adding at the end the following new paragraphs: ``(6) Cooperative biological engagement. ``(7) Activities that facilitate the detection and reporting of highly pathogenic diseases or other diseases that are associated with or that could be used as an early warning mechanism for disease outbreaks, regardless of whether such diseases are caused by biological weapons.''. (2) Conforming amendments.--Such Act (50 U.S.C. 3701 et seq.) is further amended as follows: (A) By striking ``, nuclear, or biological weapons'' each place it appears and inserting ``or nuclear weapons''. (B) In section 1321-- (i) in subsection (a)-- (I) in paragraph (1), by striking ``, biological,''; (II) by striking paragraph (4); and (III) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; and (ii) in paragraph (4), as so redesignated, by striking ``, chemical, and biological'' and inserting ``and chemical''. (C) In section 1344, by striking ``, nuclear, and biological weapons'' and inserting ``and nuclear weapons''. (b) Prohibition on Availability of Funds.-- (1) Prohibition on availability of funds.--Notwithstanding section 1681(a)(4) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81), none of the funds authorized to be appropriated for the Cooperative Threat Reduction program under the Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3701 et seq.) for fiscal year 2022 or any fiscal year thereafter may be obligated or expended for cooperative biological engagement. (2) Rescission of funds.--Any unobligated funds available for the Cooperative Threat Reduction program for cooperative biological engagement as of the date of the enactment of this Act are hereby rescinded and deposited into the general fund of the Treasury. <all>

Stopping the Spread of Taxpayer-Funded Bioweapons Act of 2022

To amend the Department of Defense Cooperative Threat Reduction Act to prevent the proliferation of biological weapons under the Cooperative Threat Reduction Program, and for other purposes.

Stopping the Spread of Taxpayer-Funded Bioweapons Act of 2022

Rep. Greene, Marjorie Taylor

R

GA

S.2241

Energy

Responsibly and Equitably Change How Auto-charging Rates Get Evaluated Act or the RECHARGE Act This bill requires states to consider measures to promote greater electrification of the transportation sector, including the review of utility rates for charging electric vehicles.

To amend the Public Utility Regulatory Policies Act of 1978 to require States to consider measures to promote greater electrification of the transportation sector, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsibly and Equitably Change How Auto-charging Rates Get Evaluated Act'' or the ``RECHARGE Act''. SEC. 2. CONSIDERATION OF MEASURES TO PROMOTE GREATER ELECTRIFICATION OF THE TRANSPORTATION SECTOR. (a) In General.--Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end the following: ``(20) Electric vehicle charging programs.--Each State shall consider measures to promote greater electrification of the transportation sector, including the establishment of rates that-- ``(A) promote affordable and equitable electric vehicle charging options for residential, commercial, and public electric vehicle charging infrastructure; ``(B) improve the customer experience associated with electric vehicle charging, including by reducing charging times for light-, medium-, and heavy-duty vehicles; ``(C) accelerate both third-party investment and investments by electric utilities in electric vehicle charging stations for light-, medium-, and heavy-duty vehicles; and ``(D) appropriately recover the marginal costs of delivering electricity to electric vehicles and electric vehicle charging infrastructure.''. (b) Compliance.-- (1) Time limitation.--Section 112(b) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended by adding at the end the following: ``(7)(A) Not later than 1 year after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority) and each nonregulated utility shall commence consideration under section 111, or set a hearing date for consideration, with respect to the standard established by paragraph (20) of section 111(d). ``(B) Not later than 2 years after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority), and each nonregulated electric utility shall complete the consideration and make the determination under section 111 with respect to the standard established by paragraph (20) of section 111(d).''. (2) Failure to comply.--Section 112(c) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is amended by adding at the end the following: ``In the case of the standard established by paragraph (20) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph.''. (3) Prior state actions.-- (A) In general.--Section 112 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended by adding at the end the following: ``(g) Prior State Actions.--Subsections (b) and (c) shall not apply to the standard established by paragraph (20) of section 111(d) in the case of any electric utility in a State if, before the date of enactment of this subsection-- ``(1) the State has implemented for the electric utility the standard (or a comparable standard); ``(2) the State regulatory authority for the State or the relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard (or a comparable standard) for the electric utility; or ``(3) the State legislature has voted on the implementation of the standard (or a comparable standard) for the electric utility during the 3-year period ending on that date of enactment.''. (B) Cross-reference.--Section 124 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2634) is amended-- (i) by striking ``this subsection'' each place it appears and inserting ``this section''; and (ii) by adding at the end the following: ``In the case of the standard established by paragraph (20) of section 111(d), the reference contained in this section to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph.''. <all>

Responsibly and Equitably Change How Auto-charging Rates Get Evaluated Act

A bill to amend the Public Utility Regulatory Policies Act of 1978 to require States to consider measures to promote greater electrification of the transportation sector, and for other purposes.

RECHARGE Act Responsibly and Equitably Change How Auto-charging Rates Get Evaluated Act

Sen. Hickenlooper, John W.

D

CO

H.R.7990

Taxation

Healthy Homes Act This bill expands the low-income housing tax credit to include an additional credit amount for healthcare-oriented housing (e.g., low-income buildings that meet certain requirements, e.g., healthcare screening available on building premises, adequate space for physicians to conduct screenings, and telehealth capacity). The bill directs the Governmental Accountability Office to study the utilization of the low-income housing tax credit with respect to healthcare-oriented housing.

To amend the Internal Revenue Code of 1986 to temporarily expand the low-income housing tax credit for healthcare-oriented housing. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Homes Act''. SEC. 2. TEMPORARY EXPANSION OF LOW-INCOME HOUSING TAX CREDIT FOR HEALTHCARE-ORIENTED HOUSING. (a) In General.--Section 42 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and inserting after subsection (m) the following new subsection: ``(n) Special Rules for Healthcare-Oriented Housing.-- ``(1) Additional basis adjustment for healthcare-oriented housing.--With respect to housing credit amounts allocated to healthcare-oriented housing during the specified period-- ``(A) in the case of a new building, the eligible basis of such building as otherwise determined under this section (determined without regard to this paragraph and subsection (d)(5)(B)), shall be increased by 50 percent of such eligible basis (as so determined), and ``(B) in the case of an existing building, the rehabilitation expenditures otherwise taken into account under subsection (e) (determined without regard to this paragraph and subsection (d)(5)(B)), shall be increased by 50 percent of such expenditures (as so determined). ``(2) Additional housing credit dollar amount for healthcare-oriented housing.-- ``(A) In general.--In the case of the specified period, the State housing credit ceiling otherwise determined under this section shall be increased by the lesser of-- ``(i) the aggregate housing credit dollar amount allocated by the State housing credit agency of such State to healthcare-oriented housing for such calendar year, or ``(ii) the healthcare-oriented housing amount for such State for such calendar year. ``(B) Healthcare-oriented housing amount.--For purposes of subparagraph (A), the term `healthcare- oriented housing amount' means $1.00 multiplied by the State population. ``(C) Carryover.--Any excess of the healthcare- oriented housing amount for a calendar year over the amount in subparagraph (A)(i) for such calendar year shall be taken into account as an increase in the healthcare-oriented housing amount for the following calendar year. The preceding sentence shall not result in an increase with respect to any calendar year after 2025. ``(3) Specified period.--For purposes of this subsection, the term `specified period' means the period beginning 210 days after the date of the enactment of this subsection and ending on the last day of the third full calendar year beginning after the start of the specified period. ``(4) Healthcare-oriented housing.--For purposes of this subsection, the term `healthcare-oriented housing' means any qualified low-income building which meets at least three of the following the additional requirements: ``(A) Social determinants of health screenings.-- The developer partners with a hospital, health center, or other healthcare institution to conduct social determinants of health screenings on the building premises for each new resident upon move-in and annually thereafter, unless the resident elects not to have such a screening. ``(B) Healthcare onsite.--The building contains sufficient physical space and proper equipment for physicians or other appropriate licensed healthcare providers to hold regular health screenings on-site for residents and community members. ``(C) Telehealth component.--The building contains broadband infrastructure and physical hardware sufficient to ensure that video conferencing capabilities for telehealth interactions will be available to residents and the developer has partnered with healthcare providers to participate in the provision of telehealth services and outreach. ``(D) Classroom and kitchen.--The building has classroom space to conduct community health and nutrition workshops and a demonstration kitchen to facilitate healthy cooking demonstrations for residents and the community and the developer has partnered with a hospital, health center, or other healthcare institution to provide such workshops and demonstrations. ``(E) Healthcare service coordination.--A medical assistant or trained healthcare worker who connects residents to both healthcare and community services is located in the building on at least a part-time basis. ``(5) Adjusted basis.--Notwithstanding subsection (d)(4), the adjusted basis of healthcare-oriented housing shall include nonresidential space used to satisfy the requirements in paragraph (5). ``(6) Placed in service date.--The placed in service date for healthcare-oriented housing shall be determined based on the residential portion of the property.''. (b) Coordination With High-Cost Areas.--Section 42(d)(5)(B)(i) of such Code is amended-- (1) by striking ``shall be 130 percent of such basis determined without regard to this subparagraph'' in subclause (I) and inserting ``as otherwise determined under this section (determined without regard to this subparagraph and subsection (n)(1)), shall be increased by 30 percent of such eligible basis (as so determined)'', and (2) by striking ``taken into account under subsection (e) shall be 130 percent of such expenditures determined without regard to this subparagraph'' in subclause (II) and inserting ``otherwise taken into account under subsection (e) (determined without regard to this subparagraph and subsection (n)(1)), shall be increased by 30 percent of such expenditures (as so determined)''. (c) Effective Date.--The amendments made by this section shall apply to housing credit amounts allocated during the specified period (as defined in section 42(n)(3) of such Code). (d) Study and Report.-- (1) Study.--The Comptroller General of the United States shall conduct a study on the utilization of the low income housing tax credit under section 42 of the Internal Revenue Code of 1986 with respect to healthcare-oriented housing. (2) Report.--Not later than two years after the date of the enactment of this subsection, the Comptroller General of the United States shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the study conducted under paragraph (1). Such report shall include an examination of the utilization of the low income housing tax credit in each State with respect to healthcare-oriented housing, including-- (A) the frequency with which the additional one dollar housing credit amount allocated to each State for such low income housing tax credit development projects is claimed, (B) the number of projects and units funded in each State, and (C) the use of the additional 50 percent basis boost in securing such healthcare-oriented low income housing development projects. <all>

Healthy Homes Act

To amend the Internal Revenue Code of 1986 to temporarily expand the low-income housing tax credit for healthcare-oriented housing.

Healthy Homes Act

Rep. Sewell, Terri A.

D

AL

S.2498

Crime and Law Enforcement

Protecting Miranda Rights for Kids Act This bill establishes procedural requirements related to the custodial interrogation of a minor. Among the requirements, the custodial interrogation of a minor must comply with the following: If a custodial interrogation does not comply with the requirements, then a statement by a minor during the custodial interrogation and any evidence derived from that statement are inadmissible.

To protect minors from premature waiver of their constitutional rights during a custodial interrogation, and for other purposes. Be it enacted by the Senate 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 Miranda Rights for Kids Act''. SEC. 2. WAIVER OF MIRANDA RIGHTS BY A MINOR. (a) In General.--Chapter 223 of title 18, United States Code, is amended by inserting after section 3051 the following: ``Sec. 3501A. Custodial interrogation of a minor ``(a) Notification.--Except as provided in subsection (c), any law enforcement officer who has arrested a minor for a violation of law shall notify the minor's parent, guardian, or legal custodian that the minor has been arrested and shall provide the location of where the minor is being detained. ``(b) Waiver.--A minor who is subject to a custodial interrogation may only waive the privilege against self-incrimination or the right to assistance of legal counsel if the minor consults with legal counsel in person before such waiver. ``(c) Exception.--Subsection (a) shall not apply if-- ``(1) custodial interrogation of a minor is necessary to gather information to protect the life of the minor or of another from an imminent threat; and ``(2) the questions that were asked during the custodial interrogation were reasonably necessary to obtain such information. ``(d) Assigned Counsel.-- ``(1) In general.--A minor who is subject to a custodial interrogation shall have the right to have the legal counsel assigned to the minor's case physically present during such interrogation. ``(2) Violation.--In the case of custodial interrogation of a minor, it shall be a violation of this subsection for the minor to be represented by any substitute counsel temporarily assigned to represent the minor. ``(e) Inadmissible.--In any criminal prosecution brought by the United States, any statement given by a minor during a custodial interrogation that does not comply with this section, and any evidence derived from that statement, shall be inadmissible. ``(f) Minor Defined.--In this section, the term `minor' means an individual who has not attained 18 years of age.''. (b) Clerical Amendment.--The table of sections for chapter 223 of title 18, United States Code, is amended by inserting after the item relating to section 3501 the following item: ``3501A. Custodial interrogation of a minor.''. <all>

Protecting Miranda Rights for Kids Act

A bill to protect minors from premature waiver of their constitutional rights during a custodial interrogation, and for other purposes.

Protecting Miranda Rights for Kids Act

Sen. Booker, Cory A.

D

NJ

H.R.798

Commerce

COVID-19 Home Safety Act of 2021 This bill requires the Consumer Product Safety Commission to report, and publish, information about injuries and deaths from consumer products during the COVID-19 (i.e., coronavirus disease 2019) public health emergency. The report must be submitted every three months for the duration of the emergency.

To require the Consumer Product Safety Commission to study the effect of the COVID-19 pandemic on injuries and deaths associated with consumer products, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``COVID-19 Home Safety Act of 2021''. SEC. 2. REPORT. (a) COVID-19 Report Required.--Not later than 3 months after the date of the enactment of this section and every 3 months thereafter for the duration of the COVID-19 public health emergency, the Consumer Product Safety Commission 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, and make publicly available, a report on the effect of the COVID-19 public health emergency on injuries and deaths from consumer products. (b) Contents of Report.--The report shall include the following: (1) Relevant data and statistics from-- (A) the data sources of the Commission; (B) other appropriate agencies; (C) media reports; (D) poison control centers, to the extent practical; and (E) any other relevant data sources. (2) An identification of trends in injuries and deaths from consumer products, comparing data from representative time periods before and during the COVID-19 public health emergency. (3) An identification of subpopulations that have experienced elevated risk of injury or death from consumer products during the COVID-19 public health emergency, such as minorities, infants, people with disabilities, children, or the elderly. (4) An identification of where most injuries or deaths from consumer products during the COVID-19 public health emergency are taking place, such as the type of building or outdoor environment. (5) A specification about whether consumer products associated with a substantial number of injuries or deaths during the COVID-19 public health emergency are-- (A) under recall; (B) subject to a voluntary consumer product safety standard; or (C) subject to a mandatory consumer product safety standard. (6) An identification of emerging consumer products that are posing new risks to consumers. (c) COVID-19 Public Health Emergency Defined.--The term ``COVID-19 public health emergency'' means a public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) as a result of confirmed cases of 2019 novel coronavirus (COVID- 19), including any renewal thereof. <all>

COVID–19 Home Safety Act of 2021

To require the Consumer Product Safety Commission to study the effect of the COVID-19 pandemic on injuries and deaths associated with consumer products, and for other purposes.

COVID–19 Home Safety Act of 2021

Rep. Cárdenas, Tony

D

CA

S.261

Taxation

All Dependents Count Act of 2021 This bill extends the 2020 recovery rebates of the Coronavirus Aid, Relief, and Economic Security Act to all taxpayer dependents.

To allow 2020 recovery rebates with respect to qualifying children over the age of 16 and other dependents. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``All Dependents Count Act of 2021''. SEC. 2. 2020 RECOVERY REBATES WITH RESPECT TO QUALIFYING CHILDREN OVER THE AGE OF 16 AND OTHER DEPENDENTS. (a) Initial Rebates.-- (1) In general.--Section 6428(a)(2) of the Internal Revenue Code of 1986 is amended by striking ``qualifying children (within the meaning of section 24(c))'' and inserting ``dependents (as defined in section 152)''. (2) Conforming amendments.-- (A) Section 6428(g)(1)(C) of such Code is amended-- (i) by striking ``qualifying child'' each place it appears and inserting ``dependent'', and (ii) by striking ``Qualifying child'' in the heading and inserting ``Dependent''. (B) Section 6428(g)(3)(B) of such Code is amended-- (i) by inserting ``dependent or'' before ``qualifying child'', and (ii) by striking ``such child'' and inserting ``such individual''. (b) Additional Rebates.-- (1) In general.--Section 6428A(a)(2) of the Internal Revenue Code of 1986 is amended by striking ``qualifying children (within the meaning of section 24(c))'' and inserting ``dependents (as defined in section 152)''. (2) Conforming amendments.-- (A) Section 6428A(g)(3) of such Code is amended-- (i) by striking ``qualifying child'' each place it appears and inserting ``dependent'', and (ii) by striking ``Qualifying child'' in the heading and inserting ``Dependent''. (B) Section 6428(g)(4) of such Code is amended-- (i) by inserting ``dependent or'' before ``qualifying child'', and (ii) by striking ``such child'' and inserting ``such individual''. (C) Section 6428(f)(2)(B) of such Code is amended by striking ``qualifying child'' and inserting ``dependent''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2019. (d) Advanced Payments.--Notwithstanding sections 6428(f)(3) and 6428A(f)(3)(A) of the Internal Revenue Code of 1986, the Secretary of the Treasury (or the Secretary's delegate) shall refund or credit any overpayment attributable to the amendments made by this section as rapidly as possible, except that no refund or credit shall be made under section 6428(f) or 6428A(f) of such Code by reason of this subsection after December 31, 2021. <all>

All Dependents Count Act of 2021

A bill to allow 2020 recovery rebates with respect to qualifying children over the age of 16 and other dependents.

All Dependents Count Act of 2021

Sen. Smith, Tina

D

MN

S.112

Native Americans

This bill requires the Department of Health and Human Services to award through FY2025 additional funds to the Indian Health Service Sanitation Facilities Construction Program. This program provides American Indian and Alaska Native homes and communities with water supply, sewage disposal, and solid waste disposal facilities.

To require the Secretary of Health and Human Services to award additional funding through the Sanitation Facilities Construction Program of the Indian Health Service, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. INDIAN HEALTH SERVICE SANITATION FACILITIES CONSTRUCTION PROGRAM FUNDING. (a) Findings.--Congress finds that-- (1) the COVID-19 crisis has highlighted the lack of infrastructure and sanitation available in Native communities; (2) addressing the Sanitation Facilities Deficiency List of the Division of Sanitation Facilities and Construction of the Indian Health Service included in the report will-- (A) result in investments in necessary water infrastructure; and (B) improve health outcomes; and (3) it is in the interest of the United States, and it is the policy of the United States, that all existing and new Indian communities and Indian homes be provided with safe and adequate water supply systems and sanitary sewage waste disposal systems as soon as practicable. (b) Definitions.--In this section: (1) Report.--The term ``report'' means the fiscal year 2018 report of the Division of Sanitation Facilities and Construction of the Indian Health Service entitled ``Annual Report to the Congress of the United States on Sanitation Deficiency Levels for Indian Homes and Communities''. (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, acting through the Director of the Indian Health Service. (c) Additional Funding for Sanitation Facilities.-- (1) In general.--The Secretary shall award additional funding under the Sanitation Facilities Construction Program for the planning, design, construction, modernization, improvement, and renovation of water, sewer, and solid waste sanitation facilities that are funded, in whole or part, by the Indian Health Service through, or provided for in, a contract or compact with the Indian Health Service under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.). (2) Priority for funding.--In awarding funding to sanitation facilities under paragraph (1), the Secretary shall prioritize sanitation facilities with the highest deficiency level, as established in the report. (d) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary to carry out this section $1,335,000,000 for the period of fiscal years 2021 through 2025. (2) Requirement.--Amounts made available under paragraph (1) shall be in addition to any amounts made available to carry out the purposes described in subsection (c)(1) under any other provision of law. <all>

A bill to require the Secretary of Health and Human Services to award additional funding through the Sanitation Facilities Construction Program of the Indian Health Service, and for other purposes.

A bill to require the Secretary of Health and Human Services to award additional funding through the Sanitation Facilities Construction Program of the Indian Health Service, and for other purposes.

Official Titles - Senate Official Title as Introduced A bill to require the Secretary of Health and Human Services to award additional funding through the Sanitation Facilities Construction Program of the Indian Health Service, and for other purposes.

Sen. Sinema, Kyrsten

D

AZ

S.1935

Armed Forces and National Security

Veteran Readiness and Employment National Emergency Extended Deadline Act of 2021 or the VR&E NEED Act of 2021 This bill extends a veteran's eligibility for the Veteran Readiness and Employment program when educational institutions are temporarily or permanently closed due to an emergency situation, or there is another reason that prevents a veteran from participating. Specifically, the period of eligibility must not run during the period the veteran is prevented from participating in the program. The period must resume on a date, determined by the Department of Veterans Affairs, that is not earlier than the first day after the veteran is able to resume participation and not later than 90 days after that day.

To amend title 38, United States Code, to provide for an extension of the period of eligibility under the Department of Veterans Affairs training and rehabilitation program for veterans with service-connected disabilities by reason of school closures due to emergency and other situations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Readiness and Employment National Emergency Extended Deadline Act of 2021'' or the ``VR&E NEED Act of 2021''. SEC. 2. EXTENSION OF PERIOD OF ELIGIBILITY BY REASON OF SCHOOL CLOSURES DUE TO EMERGENCY AND OTHER SITUATIONS UNDER DEPARTMENT OF VETERANS AFFAIRS TRAINING AND REHABILITATION PROGRAM FOR VETERANS WITH SERVICE-CONNECTED DISABILITIES. Section 3103 of title 38, United States Code, is amended-- (1) in subsection (a), by striking ``or (g)'' and inserting ``(g), or (h)''; and (2) by adding at the end the following new subsection: ``(h)(1) In the case of a veteran who is eligible for a vocational rehabilitation program under this chapter and who is prevented from participating in the vocational rehabilitation program within the period of eligibility prescribed in subsection (a) because of a covered reason, as determined by the Secretary, such period of eligibility-- ``(A) shall not run during the period the veteran is so prevented from participating in such program; and ``(B) shall again begin running on a date determined by the Secretary that is-- ``(i) not earlier than the first day after the veteran is able to resume participation in a vocational rehabilitation program under this chapter; and ``(ii) not later than 90 days after that day. ``(2) In this subsection, a covered reason is-- ``(A) the temporary or permanent closure of an educational institution by reason of an emergency situation; or ``(B) another reason that prevents the veteran from participating in the vocational rehabilitation program, as determined by the Secretary.''. <all>

VR&E NEED Act of 2021

A bill to amend title 38, United States Code, to provide for an extension of the period of eligibility under the Department of Veterans Affairs training and rehabilitation program for veterans with service-connected disabilities by reason of school closures due to emergency and other situations, and for other purposes.

VR&E NEED Act of 2021 Veteran Readiness and Employment National Emergency Extended Deadline Act of 2021

Sen. Booker, Cory A.

D

NJ